Page 18 - History of Germany

Library of Congress – Federal Research Division Country Profile: Germany, April 2008

can remove a chancellor only when it simultaneously agrees on a successor. This stipulation was
recently a source of controversy when ex-Chancellor Gerhard Schröder called for a vote of no-
confidence to trigger an early national election in September 2005. President Köhler and the
Federal Constitutional Court decided that this step was consistent with the Basic Law.

Germany has an independent judiciary, with most judges appointed for life. The Federal
Constitutional Court resolves issues relating to the Basic Law and conflicts between the branches
of government. Germany has five types of courts: ordinary courts for criminal and civil matters,
labor courts for employment disputes, administrative courts to provide protection against
government acts, social courts for social security cases, and fiscal courts for tax-related disputes.
Ordinary courts are organized hierarchically in four tiers—local courts, regional courts, state
courts, and the Federal Supreme Court.

Constitution: Germany’s constitution, known as the Basic Law (Grundgesetz), was enacted on
May 23, 1949. The Basic Law recognizes fundamental human rights, such as the freedoms of
speech and the press, the right of equality before the law, and the right of asylum. These basic
rights are legally binding and apply equally to the three branches of government: executive,
legislative, and judicial. Any individual who believes that his or her rights have been violated
may file a complaint with the Federal Constitutional Court.

In addition to codifying human rights, the Basic Law stipulates the structure of the German
government, including the Bundestag (lower house of parliament), the Bundesrat (upper house of
parliament), the president (chief of state), the executive branch and administration, the
independent judiciary, the financial system, and the relationship of the states to the federal
government. It also specifies the requirements for a declaration of war.

The Basic Law requires that Germany work toward a unified Europe under the aegis of the
European Union (EU). In May 2005, Germany’s Bundestag and Bundesrat ratified the EU
constitution.

Administrative Divisions: Administratively, Germany is divided into 16 states (Länder; sing.,
Land), including five that belonged to the former East Germany until reunification in 1990. The
states are as follows, with new states labeled as such: Baden Württemberg, Bavaria, Berlin,
Brandenburg (new), Bremen, Hamburg, Hesse, Mecklenburg–Western Pomerania (new), Lower
Saxony, North Rhine–Westphalia, Rhineland–Palatinate, Saarland, Saxony (new), Saxony–
Anhalt (new), Schleswig–Holstein, and Thuringia (new). The unification of West Berlin and East
Berlin did not add a new state.

Provincial and Local Government: Germany’s 16 states enjoy limited autonomy, particularly
in the areas of law, education, the environment, media, police, social assistance, and other local
issues, within a federal system. Each state has its own elected parliament (Landtag or
Bürgerschaft). Depending on size, states are subdivided into up to three levels of local
government—districts; Landkreise (sing., Landkreis), or counties; and Gemeinden (sing.,
Gemeinde), or municipal government authorities.

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