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Journals /
July 1, 1999 - Day Twelve ..................................................................................................................................................
Bonn - "Government View On: Procedures and Policy" Thursday, July 1st was another wonderful day of acquiring knowledge and understanding of the political, economical, and social way of life in Germany. The morning session was at the Bundesrat (the Federal Council) where we gained a greater understanding of the German government and political system. The Bundesrat was established by the Basic Law, which was written by a parliamentary council in 1948 and 1949. This Basic Law, as the Constitution is called, established the Federal Republic of Germany on May 23, 1949, on the territory of the three western occupation zones (the United States, Great Britain, and France). The Constitution was signed into law by the first German leader after World War II, Konrad Adenauer. The parliamentary council considered the question of the participation of the states within a second legislative body alongside the federal parliament, the Bundestag. Among the models used was the United States Senate, whose members are elected. However, it was decided in favor of Germany's traditional form of a Federal Council in which members come from state governments. After the approval of the Constitution in May 1949, the Bundesrat convened for its first session on September 7, 1949.
Currently only 200 staff personnel work in the Bundesrat with each state (Länder) providing representatives depending upon their population. The states may have three, four, five, or six votes. States must cast votes as a block. There are 69 votes and an absolute majority or 35 votes minimum is needed to pass a bill.
The participation of the Bundesrat in the political process of the federation is an expression of the distribution of power as well as the "checks and balances" in the German federal system. German federalism differs from all other federal systems in that the governments of the German states participate directly in the decisions of the federal state as a whole. This participation takes place through the Bundesrat, which has three central functions:
In the exercise of these functions, the Bundesrat helps shape federal policies as a counterweight to the Bundestag and the Federal Cabinet (the Chancellor's ministers), but at the same time, also serves as a link between federal and state governments. The Bundesrat is not responsible for the tasks of the states. The Bundesrat is also not responsible for coordinating the problems and issues among states. The Conference of Ministers, President and special departmental ministerial conferences are held to provide such coordination.
The Bundesrat meets regularly on Fridays, usually at three-week intervals for its public planning sessions in the north wing of its "Bundeshaus" in Bonn. (The capital, however, is moving to Berlin so its last session in Bonn was held on July 2, 1999.) In the Plenary Hall, members are seated in 16 groups arranged by state and in alphabetical order. There are no political party groups. The President, assisted by the Secretary and the Director of the Bundesrat, is seated on a central chair facing the members. Members of the federal government sit on the right and left. Government members have the right, and when requested by the Bundesrat, the duty to attend primary sessions.
Normally there are 80-90 items up for vote. By the time a vote is taken everything has already been discussed in committee. Non controversial bills are voted on at the end in what is called the "gymnastic" session. A characteristic of Bundesrat meetings is the lack of parliamentary "bluster." There is a strong emphasis on objectives and business-like communication. Calls to order are unheard of and expressions of displeasure or applause, which until the early 1990s were considered poor form, are still unusual, even now, when greater liveliness is expressly encouraged. The Bundesrat is the second legislative body - with the Bundestag being the first. The Bundesrat has the right to introduce bills. If it approves a bill of its own, then the proposal must be forwarded to the federal government for comment within six weeks.
The majority of bills are proposed by the federal government (70%). The Bundesrat has the "first say" in the parliamentary treatment of bills, since the federal government is required to submit its proposals directly to the Bundesrat for comment. This is called the "first reading." The review and discussion of legislative proposals are two of the primary functions of the Bundesrat. The Bundesrat's function to provide "checks and balances" in the federal system is clearly seen here.
In its 16 committees the Bundesrat assesses bills from every possible standpoint, in terms of constitutionality, technical expertise, finances, and political factors. Quite often, changes, additions, or alternatives are proposed. In many cases, the results of the review is "no objection." (It is rare that the federal government will introduce a bill in the Bundestag which the Bundesrat has totally rejected.)
At this stage the Bundesrat's assessment of a bill is not binding. However, this initial assessment is an important signal as to what the second assessment and the Bundesrat's final word will be in the "second reading." These assessments cannot be ignored. The federal government formulates its view in a counter statement. The bill, the Bundesrat's initial statement, and the government's counter statement are then sent to the Bundestag. All the bills approved by the Bundestag must be sent to the Bundesrat by the Bundestag President. In the "second reading" Bundesrat committee meetings are held to determine whether the results of the first review were taken into account and whether the Bundestag made any changes. If the Bundesrat is not in agreement with the Bundestag's version of the bill, it can apply to the Meditation Committee within a period of three weeks. The purpose of this committee is to find a compromise. The wording of the bill is always decided by the Bundestag.
There are two categories of bills based on the influence of the Bundesrat: "Comment" bills (Zustimmungsgesetz) and "objection" bills (Einspruchsgesetz). Consent bills may not become law without the approval of the Bundesrat. These bills have an effect on state interests, such as bills that change the Constitution or that deal with finances. The constitutional rank and importance of the Bundesrat stem mainly from its ability to veto these kinds of legislation. This power gives the Bundesrat a great deal of influence on the legislative process. In practice about half of the federal legislation consists of "consent" bills. Legislation not requiring Bundesrat approval are referred to as "objection" bills. The Bundesrat can file an objection within two weeks. The Bundestag can override a Bundesrat objection.
After this very insightful lecture on the Bundesrat we walked to the Commission of the European Union Office in the Federal Republic of Germany (Vertretung in der Bundesrepublik Deutschland). Here we met with Mr. Georg Birgelen, a very knowledgeable and optimistic member of the "Kommission der EU" who began with a brief history of Europe leading to the formation of the EU. In the past 150 years, every 20 or so years there has been a European war. After World War II, the most destructive war, people began to ask "Why do wars always repeat themselves?" Initially an attempt was made to reconcile Germany and France and then all other European countries. This became the core of the European integration that began in the early 1950's and continues as an ongoing process. In 1951 European union began in the coal and steel industry. A supernational body was created in an attempt to avoid more wars. A European "government" was installed and initially had control over coal and steel only.
The next step in European union came about with the signing of the treaty of Rome in 1957. The European Economic Commission (EC) was born. The EC lowered trade restrictions, a first step in economic union. The next move toward greater integration came with the agricultural policy which was based on other question, "How can we create a system to feed ourselves?" The agricultural policy fixed prices that encouraged greater production. Gradually the EC grew from six to fifteen members. The Commission then began to ask, "What's next to improve life and guarantee peace?" The fourth step concerned internal markets, which meant no borders, free movement of people, goods, services, and capital. This occurred in the mid-1980s with a target implementation date of 1992. Ninety-five percent of the program was completed by that date. The latest step toward European union was the creation of a common currency, the Euro.
The future of the European Union looks bright as member states are working toward complete integration with the establishment of a security/defense and foreign affairs policy, as well as a home/justice policy.
"The European Commission, Parliament, and Council of Ministers"
The European Commission is the executive branch, the Parliament and Council of Ministers are the legislative branch. The European Commission has the sole right to make legislative proposals. The European Parliament is elected at large from all member countries; the Council of Ministers consists of 89 representatives from member states. Dr. Birgelen was very optimistic about the future of the European Union. He feels the next step to complete economic union would be structural reform regarding labor laws, hiring, and wages.
For lunch we met Mr. Georg Merten from the German Federal Foreign Office. He answered questions and clarified misunderstandings concerning German life, politics, and the European Union.
After lunch we met with Mr. Werner Nagel, head of the Visitors Office of the Standing conference of Ministers of Education and Cultural Affairs of the Länder (states) in the Federal Republic of Germany (KMK). This conference was established in 1949 "to ensure on a voluntary basis flexibility and mutual recognition of school certificates." The KMK ensures standards in all. The KMK also deals with museums, libraries, fine arts, music, and the preservation of monuments. The conference meets three or four times per year. There are 28 cultural ministers from all 16 of the German states. Ms. Andrea Schwermer presented an overview of Holocaust education in the German public schools. The rationale is presented by Ministers of Education and Cultural Affairs who agree that "schools have an irrevocable responsibility to enlighten their pupils about the nature of National Socialism, to keep the memory of the Holocaust alive, and to develop in pupils the ability and willingness to judge about the significance of this historical experience for German society today, and also for their identity." World War II and Hitler's dictatorship have entered in the curricula of (west) German schools since the early 1950's. From the 1970's onward, the treatment of the Holocaust has especially been emphasized. With accession to the Federal Republic of Germany in 1990 the so called "new Länder" (East Germany) also accepts the basic principles of Holocaust teaching.
The government syllabi of each federal state is different, but the teaching of the Holocaust is compulsory. These are examples of what German students learn:
In all the Länder the Holocaust is treated as the most important aspect of the period of Nazi rule.
For dinner we met with Dr. Walther Leisler Kiep, chairman of Atlanitk-Brücke (The Atlantic Bridge) and Dr. Beate Lindemann, Deputy Head. For almost 50 years the Atlanitk-Brücke has pursued its mission with singular devotion to serve as a bridge across the Atlantic. It is the key transatlantic institution in Germany, dedicated to promoting transatlantic understanding across a broad spectrum of social, political, and economic life, involving top-level decision makers, high ranking military officers, leaders of business and industry, and also journalists, teachers, young leaders, and high school students. Annually the Atlanitk-Brücke reaches over 3,000 people with its lectures and award ceremonies and attracts almost 1,000 distinguished German and American figures to take part in its seminars and conferences.
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