Legislative session

The legislature ( from the Latin lex, legis f: law ), legislature or legislative period is the term of office of a legislative parliament (Parliament). The maximum duration of an election period is usually fixed by law, in regular laws of the constitution. In addition, there is often the option of shortening the election period through its early termination. Depending on the constitution, the parliament dissolved itself either on or is dissolved, after which elections are advertised.

In many democratic countries the duration of an election period is four or five years. An important exception are covered include the U.S., the House of Representatives is elected every two years; the same is true for the lower houses of most U.S. states. The Senate, however, voted to one third every two years, with the term of office of a senator is six years. In the state senates of the states usually occurs an election every two years, with one half of the chamber is re- elected and thus amount to the terms of office of four years.

In the event that individual MPs resign during the election period from the people's representatives (such as death), different rules have emerged:

  • In countries with proportional representation usually advances the next highest candidate on the party list to parliament
  • In countries with a majority vote of the retired deputies are usually by-elections held in the constituency, the winner of these elections move into the Parliament
  • 3.1 National
  • 3.2 Diets
  • 3.3 councilors
  • 3.4 Federal
  • 4.1 Federal Assembly
  • 4.2 cantonal and municipal parliaments
  • 5.1 Lower House (House of Commons )
  • 5.2 Upper House (House of Lords)
  • 6.1 lower house ( Dáil Éireann )
  • 6.2 upper house ( Seanad Éireann )
  • 7.1 Chamber of Deputies ( Camera dei Deputati )
  • 7.2 Senate of the Republic ( Senato della Repubblica)
  • 8.1 Congress of Deputies ( Congreso de los Deputies )
  • 8.2 Senate ( Senado )
  • 9.1 House of Representatives
  • 9.2 Senate

European Union

The European Parliament is elected for five years. The term of office of the Council of the European Union president takes six months.

Federal Republic of Germany

The official language is in Germany in the summer of 1920, the term " legislature " has been replaced by the term " legislature ". An election period lasts in the German parliaments usually four or five years if it is not shortened by premature dissolution of Parliament.

Bundestag

For the German Bundestag 39 paras 1 and 2 of the Basic Law (GG) is in Article provides: " ( 1) The Bundestag is elected, subject to the following provisions for four years. His election period ends with the meeting of a new Bundestag. The elections shall be held not earlier than forty-six, held no later than forty-eight months after the beginning of the electoral period. Upon the dissolution of the Bundestag elections shall be held within sixty days.

( 2) The Bundestag shall not later than the thirtieth day after the election. "

Through this scheme, which at the 33rd Act Amending the Basic Law of 23 August 1976 ( Federal Law Gazette I p 2381 ) is based, has ensured that there are no federal " parliament loose " more time. Even with the dissolution of the Bundestag - unlike in the classical constitutional law - no immediate end to the term of the Bundestag more connected. The resolution is now only as an arrangement of an unscheduled election subject is the new regulation also is the " Standing Committee of the Bundestag " omitted, but the opposite according to Article 45 of the Basic Law in force until December 13, 1976 version of " the rights of the Bundestag the federal government had to maintain between two terms. "

Diets

Change from four to five years

In the German states, the duration of the legislature of the state parliaments of five years today. Only in Bremen citizenship is elected for four years. In Hamburg, the citizenship is elected in 2015 as the national parliaments in all other provinces for five years by a decision of 13 February 2013.

At the beginning of the 1990s, however, were four years the rule; for five years at that time was elected only in North Rhine -Westphalia and Saarland. The following table shows the relevant year in which a parliament was elected for five years for the first time / is.

Beginning of the term

The provisions in the state constitutions of the date when the term starts, are different and partially inaccurate or not formulated. In most countries, the period shall begin at the first meeting of the national parliament, and ends with the meeting following the country's parliament. In the constitutions of Bremen and Hamburg, this is not or only partially defined explicitly. In Baden- Württemberg and Hesse, however, the period shall begin at the end of the previous term, upon dissolution of the Diet on the day of election. In North Rhine -Westphalia and Baden- Württemberg, the term shall end five years after its beginning. In Saarland and Saxony, the term shall end in the event of dissolution of the Diet with the convening of the new Parliament.

Date of constitution

In eight countries, the new state parliament must be convened no later than 30 days after the election. In Bavaria, this period shall be 22 days in Rhineland -Palatinate 60 days in Hamburg three weeks in Berlin six weeks. In Bremen, the new citizenship must meet in Baden- Württemberg, the new parliament within 16 days after the end of the term within a month. In Hesse and North Rhine -Westphalia, the new country days come not before the end of the ( previous ) legislature for the first time together, but otherwise within 20 days (NRW) or 18 days (Hessen) after the election. Would the appointment in Hesse fall on a Sunday, then he moves on to the next business day.

Time of regular elections

The election of a new State Assembly takes place in Berlin and Lower Saxony 56-59, in Saxony -Anhalt, Mecklenburg -Western Pomerania and Brandenburg 57-59, 57-61 in Thuringia, in Schleswig -Holstein and Rhineland -Palatinate 58-60 months after the beginning of the term, in Bavaria, however, 59-62 months after the previous election. In North Rhine -Westphalia, the choice of the next state parliament in the last quarter takes place in Bremen in the last month of the election period. In Baden- Württemberg, Hesse and Saxony, the election must take place only before the end of the ( previous ) term.

At a resolution of the country's parliament, the election in most of the countries within 60 or 70 days, in Lower Saxony during the two months in Berlin within eight weeks. In some constitutions explicitly mentioned that the period from the decision, resolution or referendum passes. In Rhineland- Palatinate and Bavaria, the election on 6th Sunday after resolution (or even dismissal in Bayern) takes place. In Mecklenburg- Western Pomerania, the Constitution rules out new election before the 60th day after the dissolution, the election takes place 60-90 days after the dissolution of the Diet.

Extension of the election periods and equal clocking

As part of the alleged problem of the permanent campaign is regularly discussed the extension of electoral cycles and the timing of the direct election dates in all federal states to increase the proportion of time window for property policies in election periods. Also, a general extension of the legislature at the federal level on five or six years is discussed again and again. It would be advantageous addition to the aforementioned supposedly longer accepting campaign uninfluenced work of the Parliament and the Government of matters for an easing of the federal budget, because it would be rare elections and associated costs. The disadvantage is or de-democratization of the population led, if not at the same time elements of direct democracy such as referenda and plebiscites were introduced, as was done in most state constitutions as part of the extension of the term of some constitutional lawyers, de-politicization.

Bundesrat

For the German Bundesrat, there is no legislature. The Bundesrat is composed of members of the provincial governments, which appoint and recall them (Art. 51 para 1 of the Basic Law ).

Austria

In official parlance, the term " legislative period " used in Austria.

National

For the Austrian National Council determine Art 27Vorlage. Kind / Maintenance / RIS search paras 1 and 2 of the Federal Constitutional Law (B- VG): " ( 1) The legislative term of the National Assembly takes five years from the date of its first meeting kick on, but in any case until the day on which meets the new National Council. ( 2) The newly elected National Assembly shall be convened by the Federal President within thirty days after the election. This is to be arranged by the federal government so that the newly elected National Assembly may meet after the expiration of the fifth year of the legislative period on the day. "

By the year 2007, the legislature was 4 years in the National Council. On October 29, 2013, the XXV began. Legislative period.

Diets

The individual diets usually have a five-year period. The only exception is the Upper Austrian parliament, which is elected every six years.

Local councils

For the election of local councils, there is a five-year period in most provinces. Only the Carinthia, Tyrol and Upper Austrian town councilors are elected every six years.

Bundesrat

For the Austrian Bundesrat there is no choice period. The Federal Council is composed of delegates of the diets that this does not have to belong (Article 35Vorlage. Kind / Maintenance / RIS Search Sections 1 and 2 B -VG).

Switzerland

Federal Assembly

The four-year terms of office of the Federal Assembly are strictly those of the National Council. Article 149, paragraph 2 of the Federal Constitution (FC ) determined with respect to this: "Every four years, a total renovation. " The complete re-election of the National Assembly will be held in October, after the first session of the new legislature (in its new composition ) already winter session in December of the same year, in which the complete re-election of the Federal Council takes place ( see Federal Law on Political Rights 161.1 Articles 19 and 53).

The Council of States has no federal law controlled legislature, since Article 145 BV, the term of office for the members of the Council of States shall be determined by the cantons. In fact, however, election constitution and Functioning of the Council of States have strongly aligned with the National Council: in all cantons electing the members of the Council of States for a term of four years and, with the exception of the canton of Appenzell -Innerrhoden occurs simultaneously with the national elections.

From 1848 to 1931, the legislatures lasted three years. The federal decrees to amend the relevant articles of the Constitution for a term of four years was adopted relatively scarce in a referendum held on March 15, 1931. After the introduction of proportional representation electoral law, a national election was exceptionally after two years already held again, so 1917 and 1919.

1919-1922 ( 25 ) | 1922-1925 ( 26 ) | 1925-1928 ( 27 ) | 1928-1931 ( 28 ) | 1931-1935 ( 29 ) | 1935-1939 ( 30 ) | 1939 - 1943 ( 31 ) | 1943-1947 ( 32 ) | 1947-1951 ( 33 ) | 1951-1955 ( 34 ) | 1955-1959 ( 35 ) | 1959-1963 ( 36 ) | 1963-1967 ( 37 ) | 1967-1971 ( 38 ) | 1971-1975 ( 39 ) | 1975-1979 ( 40 ) | 1979-1983 ( 41 ) | 1983-1987 ( 42 ) | 1987-1991 ( 43 ) | 1991-1995 ( 44 ) | 1995-1999 ( 45 ) | 1999-2003 ( 46 ) | 2003-2007 ( 47 ) | 2007-2011 ( 48 ) | 2011-2015 ( 49 )

Cantonal and municipal parliaments

The legislatures of the cantonal parliaments and local councils be in most cases also four years. In Fribourg, the Great Council is renewed every five years. On the occasion of the comprehensive revision of the cantonal constitution individual cantons have changed to a term of five years ( 2003 Vaud, Geneva, 2012). In other cantons, a change has been discussed but not pursued.

In contrast to Germany, where a change of government at the state level also affect the federal policy - the composition of the ( German ) Federal changing - this is not the case in Switzerland. While it is trying to connect from cantonal election results to a general political trend in the country. In fact, however, Switzerland is constantly in a kind of race, as an average of every three months referendums at the federal, cantonal and municipal level are recognized, supported with appropriate slogans of the parties.

United Kingdom of Great Britain and Northern Ireland

Lower house (House of Commons )

For the House of Commons, Article 7 of the Parliament Act of 1911 ( Parliament Act 1911) that the maximum duration of its term of five years.

House of Lords (House of Lords)

For the House of Lords there is no choice period. The upper house consists of members who have attained their mandate partly by virtue of succession partly by virtue of appointment.

Ireland

Lower house ( Dáil Éireann )

In Ireland, is the legislature of the lower house, the Dáil Éireann, a maximum of five years.

Upper house ( Seanad Éireann )

The members of the upper house, the Senate ( Seanad Éireann ) are not elected by the people, but partly by the Prime Minister ( Taoiseach ) appointed, partly elected by various bodies. These appointments or elections must always take place within 90 days after the election of Dail Eireann.

Italy

Chamber of Deputies ( Camera dei Deputati )

The Chamber of Deputies is elected for five years ( Article 60 sentence 1 of the Constitution of the Italian Republic).

Senate of the Republic ( Senato della Repubblica)

The Senate of the Republic is elected for five years (Article 60 sentence 1 of the Constitution of the Italian Republic).

Spain

Congress of Deputies ( Congreso de los Deputies )

The Congress of Deputies is elected for four years (Art. 68 para 4 sentence 1 of the Spanish Constitution ( Constitución Española - CE) ).

Senate ( Senado )

The Senate is elected for four years (Article 69 paragraph 6 p 1 CE).

United States of America

House of Representatives

In the United States, the term of the House of Representatives of the Congress begins on January 3 of each odd-numbered year. The solid date arises from the fact that the election of the House of Representatives by law always takes place on the Tuesday of each even-numbered year, which is located between the 2nd and 8th of November. It is also not possible premature dissolution of the Congress, according to the U.S. Federal Constitution. The term of the House of Representatives takes exactly two years until the first day of the next term.

If a member of the House prematurely, an election shall take place.

Senate

The term of the Senate begins the same way as in the House of Representatives on the 3rd of January of odd-numbered year. Election date is always the Tuesday between the 2nd and 8th of November. The special feature is that the term of office of the individual senators is six years, and every two years, always 1 /3 of the Senators are elected. If a senator from prematurely, no election shall take place. MOVED The Senator is determined by the governor of the sending state for the remainder of the period.

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