Federal Convention (Germany)
The Federal Assembly is a constitutional body of the Federal Republic of Germany, whose only task is to choose the President.
The election rules Article 54 of the Basic Law and the Law on the Election of the Federal President of the Federal Assembly.
Members of the Federal Assembly
The Federal Assembly consists of the members of the German Bundestag ( as so-called ex-officio members ) and an equal number of members appointed by the parliaments of the countries (country days, the Berlin House of Hamburg and Bremen State Parliament ) are elected. The Federal Assembly is the largest parliamentary assembly of the Federal Republic of Germany. Since the Federal Convention of 1954, the Bundestag in Berlin (West) elected the President, while this to the German reunification had no vote in the German Bundestag.
How many members sends the respective representation of the people in the Federal Assembly, depends on the population of each country, with only residents are taken into account with German citizenship. The federal government gives the number of representatives to be elected by the individual state legislatures members in the Federal Law Gazette (§ 2 para 1 sentence 4 BPräsWahlG ). The exact method is not defined by the law; 2009 but can be inferred from the result quite clearly on the Hare / Niemeyer method. 2010 and 2012 were Hare/Niemeyer- and which is now in force in federal elections Sainte- Laguë method, which has been already enshrined in law in 2009, but had not yet been applied to the eligible population data, an identical distribution.
The amount due to a country members are then issued by the national parliament by proportional representation from the proposal lists according to the votes they numbers after the D' Hondt method ( Art. 54 para 3 of the Basic Law in conjunction with § 4 section 3 p. 1 BPräsWahlG ). In preparing the proposal lists and the election, the Rules of Procedure of the respective parliament is applied; However, federal law stipulates that each Member has one vote, that the lists are closed and that in the case of equal claims to the last seats to D' Hondt is achieved by the parliament president.
Many state legislatures (2010 there were 10 out of 16) provide only a single, common suggestion list, in most cases candidates are included according to the result which would be obtained strictly according to political groups in choice. Thus, this result is secured even if not all members are present or deviating would agree. Shall be deemed to be an election mode as correct. However, in practice, a construct is used, which can be regarded as at best in the list to be filled squares, while places are allocated fraction bound for possible substitutes. This is contested by several well-known constitutional lawyers. The Federal Constitutional Court a dispute between organs of the Federal Convention of 2009 was to the Federal Assembly in 2010 are still pending. In the Federal Convention of 2010 this request was not approved by the Bundestag President Norbert Lammert; The NPD has therefore announced a renewed dispute between organs.
At the Federal Assembly any person who is eligible for election to the Bundestag. Seconded to the Federal Assembly representatives must be members of the People's Representatives; even former politicians, celebrities, athletes and artists are regularly voted alongside the leaders of the various countries. The members of the Federal Assembly are not bound by orders or instructions.
If a member of parliament who entered via overhang mandate in the Bundestag, as determined by the number of country representatives in the Federal Assembly, so this remains an empty seat, because there are no substitutes for overhang seats. This may happen, that the number of country representatives is greater than that of the members of the Bundestag. This was the case in 2004.
The members of the Federal Assembly of enjoying the time in which they take their choice until the end of the convening of the Federal Assembly immunity, indemnity and protection against dismissal (§ 7 sentence 1 BPräsWahlG ). About the waiver of immunity is decided by the immunity committee of the German Bundestag (§ 7 sentence 2 BPräsWahlG ). On 12 July 2007 this jurisdiction rule, the current practice is accordingly been inserted into the law on the election of the Federal President of the Federal Assembly.
On 2 April 2004, the waiver of the immunity of the Berlin member Peter Strieder, on 29 April 2004, the Baden- Württembergers Walter Döring was.
When the Federal Assembly 2010, every elector received an expense allowance in the amount of 60 euros, this hotel reimbursement in the amount of up to 170 euros and a travel allowance.
Election date and place of
The Federal Assembly shall meet not later than thirty days before the expiration of the term of office of the Federal President together (Article 54 paragraph 4 sentence 1 of the Basic Law ), as a rule, so every five years.
In the case of early termination of the term of office they shall meet not later than thirty days after that date. The President of the German Bundestag convenes the Federal Assembly. He designed the place and time of calling (§ 1 BPräsWahlG ). It corresponds to parliamentary practice, the Bundestag Vice President, the Council of Elders and the chairmen of the parliamentary groups to participate in the decision.
May 23, the anniversary of the promulgation of the Basic Law, since 1979 was the traditional election date. Karl Carstens elected as President of the Bundestag the " Constitution Day " this year for the seventh meeting of the Federal Assembly, to which he was himself elected president. His successors have since held on May 23 as the deadline. The resignation of German President Horst Köhler made , however, for the 14th Federal Assembly a different date required. The same is true after the resignation of German President Christian Wulff, who in turn also defines a differing from the Constitution appointment for the 15th Federal Assembly.
The first Federal Convention convened in Bonn. The second Federal Convention in 1954, however, met in Berlin. The Soviet Union put a protest against this, because this approach in their opinion violated the Four-Power status of the city. In addition to the desire to demonstrate the open question of Berlin, the solidarity with the people of the GDR after the popular uprising of the 17th June 1953 was subject to the choice of location. Only with the Four Power Agreement on Berlin was agreed that the Federal Assembly should continue to meet in Bonn. Since reunification in 1990, all federal meetings took place in Berlin.
Expiration of the electoral
The chairman of the Federal Assembly is chaired by the President of the Bundestag. He is the legal as well as the police and law enforcement violence ( § 8, clause 1 BPräsWahlG conjunction with § 7 paragraph 2 of the Rules of Procedure of the German Bundestag) The Federal Assembly is usually not own rules of procedure. It shall apply mutatis mutandis the Rules of Procedure of the German Bundestag ( § 8 clause 2 BPräsWahlG ).
Candidates for the office of the Federal President may nominate any member of the Federal Assembly. In practice, some factions in advance to certain applicants. Any German who has the right to vote in the Bundestag and the fortieth years of age (Art. 54 para 1 sentence 2 of the Basic Law ). Proposals must be submitted to the President of the Bundestag. They are reviewed by the Executive Board session to its substance. About the rejection of a proposal but must decide the entire Federal Assembly. Candidates may also be proposed before the second and third ballot. Not proposed candidates must not be selected ( § 9 para 1 and 2 BPräsWahlG ). In the federal assemblies 1949 and 1954, there was still the possibility of a person's name, you should select the President, spontaneously during the current round of voting easy to write on the ballot, without such person having been a candidate or even knew of the proposal; this possibility no longer exists since 1959.
The Federal Assembly is formed upon a finding that a quorum, which is given when more than half of the members are present. After a brief introductory speech by the President of the Bundestag secretary are elected by show of hands, this task usually played by the secretaries of the German Bundestag. Furthermore, voting on motions, if such exist.
The election of the President shall be made by secret ballot without debate. These members are called individually to the voting booths to interject (usually in alphabetical order), where they fill out the ballot and the ballot boxes.
To be elected, receiving the votes of a majority of the members ( absolute majority). If this majority is not achieved in the first and second ballot, the one is chosen which in a further ballot the most votes combined ( relative majority ), in accordance with Article 54 paragraph 6 of the Basic Law.
The Chairman declared the Federal Assembly for complete when the person elected has accepted the choice. The swearing in of the President carried out at the office in a joint session of the Bundestag and the Bundesrat.
History
In the Weimar Republic the president was elected directly by the people. In contrast, the Basic Law provides for indirect election of the President. This selection process results in comparison with the direct election to an only indirect democratic legitimacy of the elected. This reduction in the level of legitimacy is an expression of the reduced competence of the incumbent: The president has much less powers than the time of the Reich President.
From 1954 to 1969, the Federal Assembly convened in East Prussia Hall on the fairgrounds at the Berlin Exhibition Grounds. It came regularly to protests of the German Democratic Republic. On March 5, 1969, the Soviet Union could fly at supersonic speed over West Berlin during the Federal Assembly several MiG -21 fighter planes. From 1974 to 1989, the Federal Assembly was held in Bonn in the Beethoven Hall. Since 1994, the Reichstag building in Berlin is their meeting place.
1 Federal Assembly (12 September 1949)
The first Federal Assembly was held on September 12, 1949 at the Federal Palace in Bonn. Its president was President of the Bundestag Erich Köhler.
When choosing the FDP chairman Theodor Heuss was elected first president. The election was the result of a coalition agreement between the CDU / CSU and FDP, which provided for the election Heuss ' to the Federal President and the Federal Chancellor Konrad Adenauer to. Because the majority of the governing coalition (CDU / CSU and FDP, DP ) SPD chairman Kurt Schumacher were hardly given opportunities. Other individual candidates received some votes, some even without have declared their candidacy.
2 Federal Assembly (17 July 1954)
The second Federal Assembly was held in the hall of East Prussia in Berlin on 17 July 1954. Its president was President of the Bundestag Hermann Ehlers.
The choice was Federal President Theodor Heuss with the highest result, which was a candidate ever, re-elected in office. Heuss, who had secured a lot of respect in the five years of his first term, was supported by the CDU / CSU and SPD as well as his own party, the FDP. The only opposition candidate was Alfred Weber, the German Communist Party had proposed without his consent. The remaining votes are individual voices that were made as a silent protest against Heuss ' re-election. As could be called the Tuning of the proposed candidates also note a different name on the ballot. At the service, which was held as part of the Federal Assembly in East Prussia hall at the fairgrounds on the Berlin radio tower, preached the Catholic theologian Johannes Pinsk.
Heuss ' oath was omitted because it was a re-election and his oath of 1949 continued to exist; He stopped in front of the Federal Assembly of his "Introduction speech."
3 Federal Assembly (July 1, 1959)
The 3rd Federal Assembly was held in the hall of East Prussia in Berlin on 1 July 1959. Its president was President of the Bundestag Eugen Gerstenmaier.
When choosing the former Food Minister Heinrich Lübke was elected president. Prior to the election, there had been large uncertainties in the CDU / CSU, as Chancellor Konrad Adenauer had first announced his candidacy, but this then but withdrew again because he saw that he would have less influence than in the office of Chancellor as president, and because he wanted to prevent Ludwig Erhard as Chancellor. After long discussions, the choice finally fell on Luebke.
Carlo Schmid and Max Becker were given no major opportunities.
In this election, the members of the State of Berlin had full voting rights. For the first time voices that are not denominated in submitted nominations, scored as invalid.
4 Federal Assembly (July 1, 1964)
The 4th National Assembly was held in the hall of East Prussia in Berlin on 1 July 1964. Its president was President of the Bundestag Eugen Gerstenmaier.
When choosing Federal President Heinrich Lübke was re-elected to the presidency. The SPD abandoned in favor Lübke on its own candidate and was thus virtually in advance of the grand coalition, in 1966, finally came ( Luebke was a proponent of such a coalition ). Nevertheless, there were 187 abstentions, which is considered as a sign that particular choice many people the SPD faced this Agreement skeptical.
Lubke's oath was omitted because it was a re-election and his oath of 1959 continued to exist; He stopped in front of the Federal Assembly of his "Introduction speech."
5 Federal Assembly (March 5, 1969)
The 5th Federal Assembly was held in the hall of East Prussia in Berlin on March 5, 1969. Its president was President of the Bundestag Kai- Uwe von Hassel.
When choosing Federal Justice Minister Gustav Heinemann was elected president. He ran as a representative of the SPD; shortly before the election, the FDP decided to support him, while the NPD told to choose the CDU candidate, Defense Minister Gerhard Schröder,. Heinemann said after the election of a "piece of power ", after the federal election a few months later, the social-liberal coalition of SPD and FDP came in the Bundestag.
The choice Heinemann was the closest in the history of the Federal Republic of Germany. For the opposition candidate Gerhard Schröder were not only the votes of the CDU / CSU and the NPD, but was probably made by members of the right - wing FDP.
Heinemann is the only President who was not elected by an absolute majority of the Assembly members. It was not until 25 years after his election, there were (1994 ) again a third ballot, but in which Roman Herzog was elected by absolute majority.
6 Federal Assembly (15 May 1974)
The 6th Federal Assembly took place in the Beethoven Hall in Bonn on 15 May 1974. Your President was President of the Bundestag Annemarie Renger.
The Federal Assembly elected the Deputy Chancellor, Foreign Minister and FDP chairman Walter Scheel for the fourth President of the Federal Republic of Germany. Scheel was commissioned following the resignation of Willy Brandt on May 8, 1974 with the conduct of the business of the Chancellor. Scheel was so at the time of his election as head of state appointed acting head of government, as Helmut Schmidt was not until the day it formally elected as chancellor.
The current incumbent Gustav Heinemann had waived a second term. On the motives Scheels to be President, the NZZ wrote at the time: "His intention to become President, has been widely and uncontradicted by him associated with his health. " NZZ stated Scheels ' understandable desire for relief from the double office of FDP party chairman. "
Scheel ran as a representative of the SPD and FDP. The CDU politician Richard von Weizsäcker lost this election, but then in 1984 for his part President.
After the Quadripartite Agreement on Berlin of 1971, the presidential elections in 1974 were again held in Bonn. The elections, which took place 1954-1969 in West Berlin were considered by the government of the GDR as an affront every time. The government in East Berlin argued that the President is the head of state of the Federal Republic of Germany and should not be selected in West Berlin, since this city was not a state in the Federal Republic of Germany with its special status.
In Berlin, the Federal Assembly until 20 years later occurred after the completion of German unity back together.
7 Federal Assembly (23 May 1979)
The 7th Federal Assembly took place in the Beethoven Hall in Bonn on 23 May 1979. Your president was the Deputy President of the Bundestag Richard Stücklen, Hermann Schmitt Vockenhausen and Liselotte Funcke because Bundestag President Karl Carstens and Bundestag Vice President Annemarie Renger even stood for election.
When choosing Carstens was elected president. The SPD presented to the Bundestag Vice President and former President of the Bundestag Annemarie Renger first time on a woman.
8 Federal Assembly (23 May 1984)
The 8th Federal Assembly took place in the Beethoven Hall in Bonn on 23 May 1984. Its president was President of the Bundestag, Rainer Barzel.
When choosing Richard von Weizsäcker, the former mayor of Berlin, was elected president. Weizsäcker candidate for the second time; In 1974, he had lost to Walter Scheel.
Weizsäcker was the first President, who was assisted in his first election from both major parties.
The freshly collected in 1983 in the Bundestag Greens presented with the writer Luise Rinser on its own candidate.
9 Federal Assembly (23 May 1989)
The 9th Federal Assembly took place in the Beethoven Hall in Bonn on 23 May 1989. Your President was Bundestag President Rita Süssmuth.
Richard von Weizsäcker was chosen in the choice again. Again put the SPD in no challenging candidates. Weizsäcker had acquired especially with his speech on the 40th anniversary of the war's end on 8 May 1985 respect. The Greens also introduced in this election no opponent, so that for the first and only time, only one candidate standing for election.
At the end of the meeting, members of the Federal Assembly sang, accompanied by Buccina ensemble, the national anthem. A group of children, acclaimed and accompanied by the singing of a youth choir, brought von Weizsäcker congratulations.
10 Federal Assembly (23 May 1994)
The 10th Federal Assembly was held on 23 May 1994 at the Reichstag building in Berlin. Your President was Bundestag President Rita Süssmuth.
The election won Roman Herzog, the President of the Federal Constitutional Court. Johannes Rau, Minister President of North Rhine -Westphalia, lost, but could not win the election in 1999. The former SPD chairman Rudolf Sharping was alleged to have held too long at Rau. In view of versions of opportunities he would Rau are pushing to abandon in favor of Hamm- Brüchers and thus to drive a wedge between the CDU / CSU and FDP.
Jens Reich and the publicist Hans Hirzel, during the time of National Socialism, a member of the resistance group White Rose, were from the outset as a chance.
After incurred by the Four Power Agreement 25-year forced break, the President was re-elected in Berlin since reunification.
11 Federal Assembly (23 May 1999)
The 11th Federal Assembly took place on 23 May 1999, the Reichstag building in Berlin. Its president was President of the Bundestag Wolfgang Thierse.
This election won Johannes Rau, who had lost five years earlier at the presidential election in 1994 against Roman Herzog. SPD leader Oskar Lafontaine had Rau made the promise, his election to the presidency to push when he was resigning as Minister President of North Rhine -Westphalia. Despite the resignation of Lafontaine in March 1999 remained Rau SPD candidate. He could count on his choice since the SPD and the Greens to the majority in the Federal Assembly lacked only seven votes, and in addition, he also enjoyed sympathies in the FDP.
The CDU / CSU made aware of the unwinnable election Ilmenau Professor Dagmar Schipanski into play, the Minister of Science in Thuringia was after the failed election.
Theology Professor Uta Ranke- Heinemann, proposed by the PDS for election, is the daughter of former German President Gustav Heinemann and the aunt of John designs wife, a granddaughter Heinemann.
12 Federal Assembly (23 May 2004)
The 12th Federal Assembly took place on 23 May 2004 at the Reichstag building in Berlin. Its president was President of the Bundestag Wolfgang Thierse.
In the 2004 election of former IMF Managing Director Horst Köhler ( CDU), and the President of the European University Viadrina in Frankfurt ( Oder), Gesine Schwan (SPD ) came on. The type of candidate selection of the CDU and FDP, which ultimately led to the nomination Köhler, was often not adequately referred to by the public as the dignity of the office. The CDU / CSU parliamentary group could not prevail as candidates in the run-up in parts of the CDU and the FDP the favored Wolfgang Schäuble. Both had performed a kind of election campaign, although Koehler could be expected because of the absolute majority of CDU / CSU and FDP in the Federal Assembly with his choice.
The 604 votes that received Horst Köhler, are just one vote more than the absolute majority and thus significantly less than previously expected. There were nine abstentions and two invalid votes. It follows that at least nine members of the CDU / CSU / FDP camp who voted for The Swan ( if the abstentions and invalid votes were cast by all members of this camp, otherwise even more ). A member of the SPD series stayed away due to illness, the Federal Assembly. The number of seats had also decreased by one, as the Member of Parliament Anke Hartnagel (SPD ) died before the election and this mandate has not been re-occupied, because it was an overhang mandate.
In his acceptance speech Köhler aspired to be the legacy of John designs meet and introduce yourself as a mediator and confidence-building person. He praised the unity of Germany, he also called for a " Germany of ideas" and a child-friendly society.
In the election of the German President, 2004, informed the Federal Assembly as follows:
13 Federal Assembly (23 May 2009)
The 13th Federal Assembly took place on 23 May 2009 at the Reichstag building in Berlin. Its president was President of the Bundestag Norbert Lammert. The Federal Assembly belonged to the prior of 21 May 2008 to the 612 members of the German Bundestag and 612 selected by the provincial members. The number of each of the parliaments of the countries to be elected members each had the federal government established on 27 January 2009 and published in the Federal Law Gazette on 30 January 2009.
Horst Köhler, the incumbent since 2004 President, had stand again for the post. The SPD had nominated its candidate from 2004, Gesine Schwan again. The left put the actor Peter then for election. NPD and DVU nominated the right-wing singer-songwriter Frank Rennick.
The composition of the Federal Assembly was as follows:
* It determines the absolute majority of the members. During the election, however, only 1223 voters were present, as the deputy Wolfgang Gehrcke the Left had to stay away for health reasons of the Federal Assembly.
14 Federal Assembly (30 June 2010 )
By order of the President of the Bundestag Norbert Lammert, from 1 June 2010, the Federal Assembly met on 30 June 2010 at the Reichstag building in Berlin.
CDU and FDP nominated the CDU prime minister of Lower Saxony Christian Wulff as candidates. SPD and B'90 / Green agreed on the non-Party Joachim Gauck. The left nominated her Member of Parliament Lucretia Jochimsen ( called Luc Jochimsen ). The NPD nominated for election as already in 2009 the right-wing singer-songwriter Frank Rennick.
On June 17, the last electors were chosen by state parliaments. The party composition of the Assembly was then as follows:
Although the CDU / CSU and FDP thus about 644 members and thus possessed a clear majority, there were three ballots. The results were as follows:
15 Federal Assembly (18 March 2012)
After the premature termination of the term of office of Federal President Christian Wulff on 17 February 2012 appointed President of the Bundestag Norbert Lammert, the 15th Federal Assembly for Sunday, March 18, 2012 in Berlin. The Federal Assembly met in the Reichstag building. How many members had to choose the parliaments of the Länder to the 15th Federal Assembly, the Federal Government announced in the Federal Law Gazette.
The Federal Assembly was composed as follows:
The result was: