Constitution of North Rhine-Westphalia

The Constitution for the state of North Rhine -Westphalia was adopted simultaneously with the election of the second Country Day on June 18, 1950 by referendum and came into force on 11 July 1950. The have occurred since then about twenty constitutional amendments were adopted consistently by the Diet.

The Constitution for the state of North Rhine -Westphalia waived in contrast to most other German state constitutions to their own bill of rights, but refers in Article 4, Section 1 of the fundamental rights under the Basic Law. The fundamental right to privacy was inserted as a single named fundamental right in December 1978. Articles 5 to 29 a number of state goals and guiding principles of political life are laid down.

Diet

Legislature

The legislature of the State Parliament is five years since 1969 ( previously four ) and begins with the inaugural session of the Diet. The elections shall be held in the last quarter of the parliamentary term. The term of office of elected on May 22, 2005 14 Country Day ran from 8 June 2005 to 8 June 2010.

A resolution of the Diet is possible by a decision of the Diet, which requires a majority of the legal number of members. The state government may dissolve the parliament if a rejected by the parliament bill of the state government is accepted by referendum. In case of dissolution new elections within sixty days must take place. Since the entry into force of the Constitution, only one term ended prematurely. On 14 March 2012, the 15.Landtag dissolved itself.

Suffrage

The Constitution establishes the state election on the generally recognized in Germany voting principles universality, equality, immediacy, secret and freedom, which are also fixed in the constitution, firmly. A specific voting procedures - such as the proportional representation - is not mandatory. The right to vote is linked to the completion of the 18th year, the eligibility to the age of majority. The eligibility of civil servants and public employees may be restricted.

Convening

The first session of the Diet held no later than the 20th day instead of after the election, if not at this time is still running the election period of the last Parliament. It shall be convened for the inaugural meeting of the Presidium of the old country day the helm of this even until the election of the new Bureau. A bureau does not know the North-Rhine Westphalian parliament.

The Diet must be convened by the parliament president, when a quarter of the members or the state government require this.

The meetings are open to the public, a request to exclude the public must be submitted by at least ten members and adopted by a two -thirds majority of those present.

Deputies rights

As in the other countries also enjoy the deputies immunity, indemnity, a comprehensive evidentiary privilege and the free mandate. Furthermore, their right to free use of the railways is granted in the country. Likewise, they are entitled to diets.

State Government

The Prime Minister must - a specialty of the North Rhine-Westphalia Constitution - members of the parliament. In the first ballot the majority of the members of the Diet, in the second and third ballot, more than half of the votes cast is required; the fourth ballot shall be held a runoff between the top two candidates. The election of the Prime Minister 's secret and takes place without debate.

The Prime Minister has policy in the state government and has a casting vote in the government of the deciding vote.

The Prime Minister himself appoints the ministers, of which he appointed a Deputy Chairman. In contrast to the Prime Minister, the Ministers and the Deputy Prime Minister must have no seat in Parliament. So led after the resignation of Wolfgang Clement on 21 October 2002 until the election Peer Steinbrück on November 6, 2002 Urban Development Minister Michael Vesper, the shops of the Prime Minister, without belonging to the parliament.

The appointment of the Minister no need of the confirmation of the Diet, in contrast to some other countries. They are only sworn in following their appointment parliament session before parliament.

For the Minister, the departmental principle applies; in case of disagreement, the state government decides as a college.

The mission of the country to the outside is the responsibility primarily of the state government as a whole, it can convey to the Prime Minister, individual ministers or authorities.

The term of office of the Prime Minister terminated by resignation, death, meeting of a newly elected regional parliament or vote of no confidence, the term of office of the Minister by dismissal, resignation, death or the end of the Office of the Prime Minister. In general, the offices until the election or appointment of a successor shall be continued. Furthermore, members of the government can be removed from office by the Constitutional Court due to a minister charged with constitutional or legal breach of the Office. The Minister indictment requires a decision of the Parliament by a two -thirds majority.

The simultaneous membership of the Prime Minister or a minister in the federal government or in parliament is not allowed.

Legislation

Legislative power rests with the Parliament and the direct legislation by referendum and plebiscite.

The right of initiative shall belong to the parliament, the State Government or a referendum.

The obstacles to the introduction of a referendum were significantly lowered by a constitutional amendment in 2002. A referendum now needs the support of 8% of the electorate ( previously 20%). To taxes, financial issues and grades are not permitted referendum.

The State Government may submit rejected by parliament draft laws to a referendum. If the referendum fails, the state government must resign; The bill is, however, believed in the referendum, the state government may dissolve Parliament.

A referendum has the effects of a legal resolution, if the majority of voters, but at least 15 % of voters approve of the template.

Constitutional Amending laws require either a majority of two thirds of the members of the state or a two-thirds majority in the referendum, which must account for the majority of the voters.

Against adopted by parliament laws of the State Government is entitled to a suspensive veto.

Laws occur, unless the contrary is established, and fourteen days after the issue of the relevant law and regulations in force sheet.

In case of emergency, which must be determined by the Parliament Bureau, the state government has established a comprehensive legal regulation. Emergency decrees require the approval of the Board of the Parliament, if this can not be consulted, the countersignature of the Landtag president. Once the Parliament may meet again, the emergency decrees must be ratified by them or expire. The determination of the state of emergency is only valid for one month.

Court

The Constitution receives only scant provisions to justice, as they essentially falls within the legislative competence of the federal government.

In this respect, Article 72, Section 1 of the Constitution, remarkably, after the courts judge on behalf of the German people, whereas endure the judgments in the name of the people according to the federal statutory process orders. The Constitution also includes the determination of the involvement of lay people ( lay judges ) to the case-law allows for the prosecution and judge prescribes the establishment of a consisting of at least two instances of administrative jurisdiction.

The constitutional jurisdiction exercised by the Constitutional Court of the State of North Rhine -Westphalia from that. Composed of the President of the Administrative Court, the two life- oldest of the three presidents of the Courts of Appeal and four members elected by the Parliament for six years constitutional judges is