The executive branch of Germany Federal Republic of Germany (FRG)

06/09/2009 TUESDAY 00:00

ABOUT GERMANY

1. Germany today

The Federal Republic of Germany (Bundesrepublik Deutschland - BRD) is located in central Europe. In the north, it is washed by the North (Nordsee) and Baltic (Ostsee) seas and borders with Denmark (Dänemark), in the west - with Holland (Niderlande), Belgium (Belgien), Luxembourg (Luxemburg) and France (Frankreich), in the south - with Switzerland (Schweiz), Austria (Österreich), in the east - with the Czech Republic (Tschechische Republik) and Poland (Polen).

The territory of the Federal Republic of Germany (FRG) with a population of 81.76 million people. (status 1939 - 69.3 million) covers an area of ​​356.854 sq. km (1937 - 467.857 sq. km), the population density is 228 inhabitants / sq. km. Ethnically, the population is mostly homogeneous - German. National minorities - Serbs (about 60,000), belonging to the Slavic group, live in the east of the country in the Lausitz region and Danes (about 60,000 people) - in the north in Schleswig-Holstein; they have political representation and cultural autonomy.

7.173 million foreigners live in Germany (in 1989 - 5.037 million), incl. 2.014 million Turks, 787800 people from the former Yugoslavia, 586,100 Italians, 359,600 Greeks, 276,800 Poles, 184,500 Austrians, 109,300 Romanians, 185,100 Croats, 316,000 Bosniaks, 132,300 Spaniards, 10,840 Americans, 125,100 Portuguese, 107,000 Iranians; 1.811 million from the countries of the European Commonwealth (EU).

The capital of a united Germany is Berlin, before moving the government meets in Bonn. The colors of the national and commercial flag of Germany: black, red, gold.

The federation consists of 16 states (see diagram on page 24):

1. Baden-Württemberg (Baden-Wü rttemberg) - 10.261 million inhabitants, incl. 16265 million foreigners, area - 35751 sq. km, density 287 inhabitants / sq. km, capital - Stuttgart (Stuttgart).

2. Bavaria (Bayern) - 11.86 million inhabitants, incl. 1.093 million foreigners, 70546 sq. km, density 168 inhabitants/sq. km, capital - Munich (Mü nchen).

3. Berlin (Berlin) - 3.477 million, incl. 406,705 foreigners, 889.1 sq. km, capital - Berlin.

4. Bremen (Bremen) - 684370 inhabitants, area - 404.23 sq. km, capital - Bremen.

5. Brandenburg - 2.537 million inhabitants, area - 29.052 sq. km, density - 88 inhabitants / sq. km. The capital is Potsdam.

6. Hamburg (Hamburg) - 1.709 million inhabitants, incl. 254134 foreigners, area - 755.3 sq. km, capital - Hamburg.

7. Hesse (Hessen) - 6 million inhabitants. on 21114 sq. km, density 284 inhabitants/sq. km, capital - Wiesbaden.

8. Saar (Saarland) - 1.083 million inhabitants. on 2572 sq. km, density 421 inhabitants/sq. km, capital - Saarbrücken (Saarbrücken).

9. Saxony (Sachsen) - 4.591 million inhabitants on 18408 sq. km, density 249 inhabitants/sq. km, capital - Dresden.

10. Saxony-Anhalt (Sachsen-Anhalt) - 2.759 million inhabitants. on 20444 sq. km, density 135 inhabitants/sq. km, capital - Magdeburg.

11. Schleswig-Holstein - 2.695 million inhabitants on 15731 sq. km, density 170 inhabitants/sq. km, capital - Kiel.

12. Mecklenburg-Western Pomerania (Mecklenburg-Vorpommern) - 1.843 million inhabitants. on 23168 sq. km, density 79 inhabitants/sq. km, capital - Schwerin.

13. Lower Saxony (Niedersachsen) - 7.697 million inhabitants. on 47605 sq. km, density 162 inhabitants/sq. km, capital - Hannover.

14. North Rhine-Westphalia (Nordrhein-Westfalen) - 17.816 million inhabitants, incl. 1.914 million foreigners, area 34,072 sq. km, density 522.9 inhabitants/sq. km, capital - Düsseldorf (Dü sseldorf).

15. Rhineland-Palatinate (Rheinland-Pfalz) - 3.951 million inhabitants. on 19849 sq. km, density 199 inhabitants/sq. km, capital - Mainz.

16. Thuringia (Thü ringen) - 2.611 million inhabitants. on 16181 sq. km, density 157 inhabitants/sq. km, capital - Erfurt.

2. State bodies

Head of State: President of the Republic Prof. Dr. Roman Herzog, elected on 23.5.94.

Government: Consists of the federal chancellor and the ministers of the federation.

Head of Government: Chancellor Dr. Helmut Kohl (Dr. Helmut Kohl) from 10/1/82 - representative of the Christian Democratic Union (CDU) - (Christlich-demokratische Union - CDU), the next elections will be held in September 1998.

Representation of the people: The 13th German Bundestag consists of 672 deputies. Composition according to the results of the 1994 elections: CDU / CSU faction - 294 deputies, incl. CDU 244 (36.7%), CSU 50 (7.3%); SPD 252 (36.4%); FDP 47 (6.9%); Bü ndnis 90/"green" 49 (7.3%); PDS 30 (4.4%).

The highest legislative power is exercised by the Bundestag Bundestag) - the Chamber of Deputies and the Bundesrat (Bundesrat) - the Chamber of Lands.

3. Brief history

In ancient times (after the displacement of the Celts), the Germans lived on the territory of Germany. With the Great Migration of Peoples, settlements of the Frisians, Saxons, Alemans, Thuringians, Franks, Bavarians appeared, which in the 6th - 8th centuries. were included in the Frankish state. As a result of its division in the 9th century, the East Frankish kingdom (Konrad I) was created. In 962, with the conquest of Northern and Central Italy by the crowned king of Germany, Otto I, the Holy Roman Empire was formed. Germany consisted of duchies and principalities, the kings were elected by them and crowned by the Pope. At the beginning of the second century, disagreements began between the papacy and the kings of Germany, who reached their highest point during the reign of Frederick I (Barbarossa). The victory of the papacy during the reign of Frederick II, who at the end ruled only Naples and Sicily, led after his death (1250) to a kingless rule that lasted until 1273.

From 1438 the royal crown was in the House of Habsburg (Habsburger). With the beginning of the Reformation, along with the religious division, there was also a political division, all this and the Thirty Years' War (1618-48) strengthened the decentralization of the German Empire. As a result, part of the territory was lost in favor of the French and Swedes; The Netherlands and Switzerland gained their independence. Germany began to expand its possessions to the east.

In the 18th century the second major power appeared from the Brandenburg family, headed by Frederick the Great - Prussia. During the reign of Napoleon, the German Empire fell. In 1804 Habsburg took the title of King of Austria. After the fall of Napoleon in 1815, the German Confederation was founded under Austrian rule. An attempt by liberal-minded intellectuals in 1848 to create a single state on a democratic basis failed.

The unification of Germany by Otto Bismarck (Otto Bismark - the 1st Reich Chancellor of Germany) was carried out "from above" in an anti-democratic way on a Prussian militaristic basis (without Austria); its important stages: the creation (after the victory of Prussia in the Austro-Prussian war of 1866) of the North German Union (1867) and the proclamation after the Franco-Prussian war of 1870-1871. German Empire. During the time of the Prussian kings, the German state prospered (1871-1918). In the 80s and 90s of the 19th century. it captured vast territories, mainly in Africa. At the same time, numerous conflicts with the European great powers were developing: Germany wanted to assert itself.

In 1914, Germany unleashed World War I, during which the German-led military bloc (Austro-German) was defeated. Germany signed the Treaty of Versailles in 1919. She lost her colonies and most of her empire.

The November Revolution of 1918 led to the overthrow of the monarchy and the establishment of the Weimar Republic, which lasted until 1933. The Weimar Republic showed itself unable to cope with economic problems: inflation, unemployment, and also failed to speak out against radical elements that disagree with the decision of the Versailles Treaty: territorial losses.

The social forces in Germany were insufficient (the party of social democrats - sozialdemokratische Partei Deutschlands/SPD, founded in 1875) to preserve the democratic principle. Most of the population stood in anticipation of a "strong" man. An anti-democratic opposition led by Hitler (the NSDAP party - Nationalsozialistische Deutsche Arbeiterpartei) emerged and gained the upper hand. 01/30/1933 Adolf Hitler was elected Reich Chancellor of Germany, who established the fascist dictatorship in Germany. Hitler's external and internal political goals impressed most of the population, especially the external one, who wanted to revise the Versailles Treaty.

Nazi Germany captured Austria (1938), Czechoslovakia (1938-39), Poland (1939). After the successful capture of France, she attacked the Soviet Union on 06/22/41. Tied up by Germany 2nd World War ended with unconditional surrender, signed on May 8, 1945 and effective from May 9, 1945. Germany lost East Prussia - Ostpreußen (Kaliningrad region), Silesia (Schlesien) and Pomerania (Pommern).

4. Postwar Germany

Germany was divided by the victorious countries (USSR, USA, Great Britain and France) into 4 zones of occupation: Soviet - East End from Berlin, the American - the southwestern part, the English - the northwestern part and the French - the Saar land (Saarland). Centralized power in Germany ceased to exist. The principles of the post-war organization of Germany - its demilitarization, denomination, democratization - were determined by the Potsdam Conference of 1945 (17.07 - 02.08), but its decisions were not fully implemented. The governments of the United States, Great Britain and France set a course for the revival of Germany and its split.

In March 1947, the US assumed a defensive role (taken over from Great Britain) in Greece and Turkey and at the same time announced the Truman Doctrine for the anti-communist mobilization of the West. Three months later, at the suggestion of US Secretary of State George Marshall, a program for the restoration and development of Europe was adopted, incl. The western part of Germany, after the 2nd World War, by providing her with American economic assistance, called the Marshall Plan. The plan went into effect in April 1948. After the formation of the European Coordinator for Economic Recovery (later the OECD), the American Congress in Washington provided until 1952 $ 17 billion in loans with subsidies. At the same time, the United States demanded that European countries revise and simplify the terms of trade and reform money. It was the first step towards a European Economic Union, a step towards a completely new model of European politics. 17 European countries participated in the implementation of the plan. The Marshall Plan made it possible to strengthen US hegemony in Western Europe and create a united front against the emerging world system of socialism.

03/20/1948 the joint work of the participating countries in the control council has been terminated.

On September 7, 1949, the West German state - the Federal Republic of Germany - was created. A month later, on October 7, 1949, the German Democratic Republic (GDR) (Deutsche Demokratische Republik) was proclaimed in the eastern part of Germany. The development of the GDR and the FRG followed different paths.

GDR: The eastern zone of Germany was controlled by the Soviet Union. Moscow immediately reacted to the actions of the allies in the western zones of Germany: 06/23/1948. carried out a monetary reform; 07.10.1949 proclaimed the creation of the GDR.

October 7, 1949 the constitution was adopted. Wilhelm Pieck, a representative of the SED (Socialist Unity Party of Germany = SED), formed from the merger of the Communist Party of Germany (KPD = KPD) and the Social Democratic Party of Germany (SPD = SPD), was elected the first President of the Republic.

In May 1952, Stalin sent the first note to the governments of the USA, Great Britain and France with a proposal to unite Germany. The offer was rejected. K. Adenauer was also not interested. He stayed true to his course: he wanted the independence of Germany and the possibility of new weapons.

From 1953 to 1971, the head of state and first secretary of the SED, W. Ulbricht. From 1971 to 1976 - E. Honecker; since 1976 he has been the General Secretary of the party until 10/18/1989, until the election of Egon Krenz as General Secretary.

Since 1950 GDR - a member of the CMEA (Council for Mutual Economic Assistance), since 1955 - the Warsaw Treaty Organization; in 1972 The Treaty on the Basics of Relations between the GDR and the FRG was signed, confirming the inviolability of the existing border between them. Diplomatic relations between the GDR and the USSR have existed since 1949. 03/25/1954 The USSR recognized the sovereignty of the GDR. In 1956, the Law on the Creation of the National People's Army of the GDR was adopted. In 1961 the Berlin Wall was built.

The GDR existed until 03.10.1990. - until the Day of the unification of Germany, the merger with the FRG.

FRG: Before the adoption of the basic law (05/23/1949), administration and elections of authorities took place in the zones of occupation. The introduction of the Marshall Plan, the implementation of the monetary reform (06/20/1948) and the transition to a market economy served as the basis for the economic miracle of the future Germany and at the same time for the division of Germany.

After the adoption of the Law of the Federal Republic of Germany, Theodor Neuss was elected the first president of the republic, and Konrad Adenauer was elected the first federal chancellor. From 1949 to 1969 the ruling parties in Germany are the block of parties of the CDU / CSU (CDU / CSU). After Adenauer's death, a large governing coalition of the CDU/CSU7 SDP was formed, led by Kiesinger and Willy Brandt.

11/12/1955 certificates were issued to the first soldiers of the FRG, thus the army of the FRG was recognized. Germany joined NATO in 1955 and the EEC in 1957.

In 1969, Gustav Heinemann was elected president of the republic, Willy Brandt was elected chancellor (until 1974); both are representatives of the SPD party. The ruling parties are the SPD/F.D.P. coalition. (F.D.P. - Freie Demokratische Partei / Free Democratic Party - FDP). With the advent of the new government, relations between East and West have improved.

09/18/1973 The GDR and the FRG are admitted to the UN. From 1974 to 1982 Helmut Schmidt, also a representative of the SDP, was elected Federal Chancellor.

In 1982, the CDU/CSU parties, in coalition with the F.D.P. won a majority in the Bundestag. Federal Chancellor since then is Helmut Kohl (since 1990 - united Germany). From 1984 to 1994 President of the Republic Richard von Weizsäckerä ker) - CDU. In 1994, Roman Herzog -CDU was elected President of the Republic.

5. The state and political system of Germany

Germany is a democratic-parliamentary and social-legal state with a legislative body consisting of two chambers: the Bundestag (Bundestag) - the lower house of the German Parliament and the Bundesrat (Bundesrat) - the upper house of the German Parliament.

The first Constitution of the Federal Republic of Germany, which was based on the Basic Law of 05/23/49, indicated the temporary nature of the political system, since. Germany was divided, which was reflected in the preamble of the Constitution. 09/23/1994 in connection with the unification of Germany, changes were made to the Constitution and new state tasks were formulated: environmental protection, protection of the disabled, equality of women.

HEAD OF STATE: Federal President (der Bundesprä sident) is elected for a term of 5 years by the federal assembly. age at least 40 years. Two terms of election are possible. The Federal Assembly consists of members of the Bundestag (Bundestag - the lower house of the German parliament) and the same number of people's representatives of the lands. The President represents the interests of the country, concludes treaties with foreign states on its behalf, appoints and receives ambassadors, and appoints supreme judges.

GOVERNMENT: The Federal Government consists of the Federal Chancellor and the Ministers of the Federal Republic of Germany. The Chancellor is elected by the Bundestag on the proposal of the Federal President and appointed by the Federal President. Ministers of the Federal Republic of Germany are appointed and removed from office by the Federal President on the proposal of the Chancellor. The chancellor determines the direction of policy in the country and is responsible for not. The chancellor may be voted no confidence by the Bundestag and demand new elections.

REPRESENTATIVES OF THE PEOPLE: The members of the Bundestag are directly elected by secret ballot for a term of 4 years. A voter can be a German citizen who has reached the age of 18. The elector has 2 votes: the first - to the elected candidate for deputy in one of the 328 constituencies, the second - to the party represented for elections in this constituency. A seat in the Bundestag can be obtained by a party with at least 5% of the votes.

LAND CHAMBER (Bundesrat): Länder participate in the issuance of laws and government of the republic through the upper house of parliament - the Bundesrat, formed from representatives of the governments of the Länder. It consists of 69 representatives of the states. The distribution of votes is determined as follows:

Lands with less than 2 million inhabitants - 3 votes,

Lands with more than 2 million inhabitants - 4 ",

Lands with a population of 6 million - 5 ",

Lands with more than 7 million inhabitants - 6 ".

LEGISLATION: A law adopted by the Bundestag comes into force with the consent of the Bundesrat and, if the latter does not protest within two weeks, or in the event of a protest, if the Bundestag is able to gain the upper hand by the number of its votes. There are exceptions in the law, when the law can never be adopted without the consent of the Bundesrat, in particular, in the field of finance.

MANAGEMENT: Management, incl. The Ministry of Foreign Affairs, the Ministry of Finance, the Ministry of Communications, the Ministry of Communications, the Directorate of Railways, the Directorate of Waterways and Steamship Transport, the Directorate of the Border Guard, the Directorate of the Criminal Police, the Directorate of Highways, the Bundeswehr - the armed forces of Germany and the Ministry of Defense belong to the state. Everything else, according to the principles of the social market economy, is subject to privatization and use by private individuals.

6. Political parties

6.1. Parties in the Bundestag:

Christian Democratic Union of Germany - CDU (Christlich-Demokratische Union Deutschlands-CDU). Founded in 1945, sees itself as a representative of the people's party of the middle stratum of the population, the goal was to create a party that unites Christians of various reformations (Catholics, Protestants, etc.).

Their economic and social policy is based on a social market economy, at the center of which is the guarantee and promotion of private property, individual freedom of the individual and his own initiative, as well as free competition. In their program, they pay attention to environmental protection, family - parents should bear increased responsibility for the upbringing of their children. In foreign policy, it sees itself as an active force in the creation of a free, politically united and socially just Europe, economically developed and with a stable currency. The party considers the creation of a united Germany to be its merit.

Thanks to the policy of this party in coalition with the CSU and the policy of the USSR government headed by President M. Gorbachev, the mass movement of Germans and Jews from the Union became possible.

In the elections of the authorities of the lands, the party won victories and suffered defeats. The CDU was initially very successful in the states of the former GDR, with the exception of the states of Mecklenburg-Vorpommern, Saxony and Thuringia.

Chairman: dr. G.Kol vice-chairmen: dr. Angela Merkel, Christoph Bergner, Dr. Norbert Blüm, Erwin Teufel; Chairman of the CDU/CSU faction: Wolfgang Schöuble; General Secretary: Peter Hintze Number of members as of 1996: 653,884 (1991 - 777,767).

Christian Social Union - CSU (Christlich Soziale Union - CSU). Founded in 1945, mainly from former members of the People's Party of Bavaria. AT organizational plan it is independent, its aims are essentially similar to those of the CDU, with a strong emphasis on the internal state independence of Bavaria, especially in the fields of economy and culture. In the Bundestag, the CSU and CDU form a single faction. The CSU is considered more conservative than the CDU, keeping a certain distance from the F.D.P. since the formation of the government under the leadership of G. Kohl. CSU is the strongest party in Bavaria. Since the unification of Germany specific gravity party members decreased, tk. the party serves mainly the interests of one land. Other political parties found their adherents in the lands of the former GDR.

Chairman: dr. Theo Waigel (Dr. Theo Waigel); Deputies: Monika Hohlmeier, Barbara Stamm, Dr. Dr. Ingo Fridrich, Horst Seehofer; general secretary: dr. Dr. Bernd Protzner. Chairman of the state group in the Bundestag - Michael Glos (Michael Glos).

Social Democratic Party of Germany - SPD (Sozialdemokratische Partei Deutschlands - SPD). Founded in 1869 by August Bebel and Wilhelm Liebknecht as a social democratic workers' party, the SPD also sees itself as a people's party demanding parliamentary democracy and legally guaranteed social justice, especially with regard to the distribution of income and property. With the Codesberg program of 1959, the party rejected the outsider type and reaffirmed the core values ​​of freedom, justice, and solidarity as the scope of political action.

Domestic policy: The SPD concentrates especially on the control of economic power, employment, the expansion of voting rights, equal rights for women, as well as investment planning and business management. The SPD has long been opposed to the participation of German soldiers in UN groups in peaceful actions. On the issue of refugees (Asylpolitik), the SPD, after many years of disputes, came to a consensus with the ruling coalition. He opposes the acceptance of Germans and Jews from the CIS. SPD has good traditional contacts with trade unions. Repeated attempts were made to cooperate with the Green Party; currently a "red-green" coalition (rot-grü ne).

Chair: Oskar Lafontaine; Vice Chairs: Rudolf Scharping, Dr. Dr. Herta Däbler-Gmelin, Johannes Rau, Heidemarie Wiecziorek-Zeul, Wolfgang Thierse; faction chairman: Rudolf Scharping. Number of members as of 1996: 804561 (1991 - 949550), incl. in new lands 26876.

Free Democratic Party - St.DP (Freie Demokratische Partei - offiziel F.D.P.). Founded in 1945 by Theodor Neuss and Reinhold Meier, it is built on the traditions of German liberalism. Freedom and dignity of the individual, statesmanship and tolerance are at the center of the political concept. F.D.P. speaks openly for greater responsibility of citizens than of the state, both in the field of health care and in matters of caring for the sick. After Hans-Dietrich Genscher and Otto Graf Lambsdorf broke the coalition with the SPD in autumn 1982, F.D.P. becomes an increasingly active partner in the ruling CDU/CSU coalition.

Honorary Chairs: Walter Scheel; Hans-Dietrich Genscher and Otto Graf Lambsdorf; federal chairman: dr. Wolfgang Gerhardt (Dr. Wolfgang Gerhardt); Vice Chairs: Jürgen Bohn, Rainer Brüderle, Cornelia Schmalz-Jakobsen; faction chairman: dr. Herman Otto Solms (Dr. Herman Otto Solms).

The number of party members before the unification of Germany - 65216 people, after the unification as of the end of 1991. - 178,000 people. Currently, the number of party members has fallen sharply (mainly in the new lands) and reached in 1996. - 77462 people (in the new lands - 20347 people).

Green Party (Die Gr ü nen).The party was founded in 1980, formed from supporters of nature conservation and a politically peaceful citizen movement. It was first presented in the Bundestag in 1983. The predominant composition is citizens with higher education. Particular attention is paid to environmental protection in the party's policy.

As a result of disagreements among party members on certain issues, in particular, the state monopoly on power, parliamentary representation and cooperation, especially with the SPD, led to the split of the party into two main camps "Fundis" and "Realos", which again united.

In the elections to the Bundestag on December 2, 1990. the party won only 4.8% of the vote. The merger of the Green Party with the Bundestag 90 (Bündnis 90), which left the opposition movement of the GDR, could allow the Green Party to gain 6% of the vote in the territory of the former GDR and thus enter the Bundestag with 8 seats. After two years of effort in Leipzig in May 1993. a new batch of Bündnis 90/DIE GR was introducedÜ NEN. In the 1994 elections it reached 7.3% and was able to take 49 seats in parliament. This party has smallest number membership compared to other ruling parties, but it has an upward trend.

Speakers for the Presidium: Jürgen Trittin, Gunda Röstel; faction leader: Eshka Fischer (Joschka Fischer); political leader: Heide Rühle.

Number of members (as of 1996) - 46410, incl. in new lands - 2582.

Party of Democratic Socialism PDS (Partei des demokratischen Sozialismus - PDS). The PDS originated from the former party of the GDR - the Socialist Unity Party of Germany (SED) - (Sozialistische Einheitspartei Deutschlands - SED). The name change took place on February 3, 1990. The party changed its leadership and organizational structure (politburo, central committee, etc.), and adheres to basically the same political, social, economic and moral principles.

PDS considers itself to be a "left socialist party", which is obliged to serve the political, social, democratic and cultural ideals of the labor movement, advocates a social and environmental market economy. The party is seeking political cooperation with other left-wing parties and groups, but is running into significant abstention from both the SPD and Die Grünen. After the unification of Germany, the party lost its prestige; in recent years, the number of citizens supporting it has increased. PDS has considerable weight in a number of states (Landtag) of the eastern part of Germany. In the Bundestag elections on December 2, 1990, the party reached 11.1% of the vote and received 17 seats in parliament; according to the results of the 1994 elections, it is represented in the Bundestag with 30 mandates.

Chairman: prof. doc. Lothar Biski (Prof. Dr. Lothar Biski); honorary chairman: dr. Dr. Hans Modrow, Group Leader in the Bundestag: Dr. Gregor Gysi (Dr. Gregor Gysi).

6.2. Parties not included in the Bundestag (1994 less than 5%).

National Democratic Party - NDP (National-Demokratische Partei Deutschlands - NDPD). The far-right party (rechtsextreme Partei) was founded in 1964. It requires the restoration of the "old" borders and awareness of the "pure" blood of the German people. In 1966 and 1968 she managed to win seats in the elections to the governments of the states, since then she has not played a significant role in political elections.

Chair: Udo Voigt; the number of members is about 5000 (as of 1996).

German Communist Party - GKP (Deutsche Kommunistische Partei - DKP). Founded in 1968, it is the heir to the organizational, personal and ideological principles of the German Communist Party (Kommunistische Partei Deutschlands - KPD) closed in 1956. It was considered a fraternal Marxist-Leninist party of the ruling parties in Eastern European countries. The DKP was particularly closely linked to and financially dependent on the SED party in the GDR. The internal opposition that arose in 1987 played a role: since 1990, the party has not participated in the elections to the Bundestag.

Chairman: Heinz Stehr.

Republicans (Die Republikaner). The party was founded in 1983 by journalist Franz Schönhuber. Nationalistically oriented, catching up unconscious fear, spreading prejudice among small groups of the population (foreigners, political refugees - Asylbewerber). Achieved first success in the elections in Bavaria in October 1986. and a huge success in the elections in Berlin in January 1989. (7.5% and 11 mandates), as well as in the elections to the Landtag in Baden-Württemberg in April 1992. (10.9% and 15 mandates). Since 1994 it enjoys limited success, with the exception of Baden-Württemberg, in elections to the chamber of states. In the elections to the Bundestag, she won only 1.9% of the vote.

Chairman: dr. Rolf Schlierer.

German People's Union (Deutsche Volksunion - DVU). Association of Publisher Dr. Gerhard Frey, Munich. Ideologically, it is close to the Republicans, it was presented from 1991 to 1995. in Bremen, from 1992 to 1996 - in the Landtag of Schleswig-Holstein (6% of the vote).

Gray-haired (Die Grauen).Founded in 1975. in Wuppertal (Wuppertal) from the Union of protection of seniors "Gray Panthers" (Senioren-Schutzbund "Graue Panther"). The goal is to most effectively represent the political and social interests of the older generation, to achieve harmony in all pension systems and the introduction of a minimum pension. The organization had 15,000 members in its ranks in 1986, but at the same time it failed to enter parliament. In the elections to the Landestag in 1994, she won only 0.5% of the vote.

Chair: Trude Unruh.

6.3. Financing

In 1992, the federal court recognized the financing of parties from the state budget as illegal, therefore, since 1993. changes have been made to the funding arrangements. Funds are not allocated from the state budget for conducting election campaigns, but at the same time, funds are allocated to support the activities of parties. When determining the amount of allocated funds, the following factors are taken into account:

The amount of funds received by the party's cash desk (membership fees, donations).

6.4. Who rules in the lands (data as of 1996 from officially published sources):

SPD manages itself: CDU manages itself:

Niedersachsen-6 Bayern-6

Brandenburg - 4 Sachsen - 4

Saarland-3

SPD in coalition: CDU in coalition:

Nordrhein-Westf. - 6 Baden-Württemberg - 6

SPD/GRÜNEN CDU/FDP

Hessen SPD/GRüNEN - 5 Berlin CDU/SPD - 4

Rheinland-Pfalz SPD/FDP - 4 Thringen CDU/SPD - 4

Sachsen-Anhalt SPD/GRÜNEN - 4 Mecklenburg-Vorpommern

Schleswig-Holst. SPD/GRÜNEN - 4 CDU/SPD

Bremen SPD/CDU - 3 Bremen CDU/SPD

Hamburg SPD/STATT - 3

7. Trade unions (Gewerkschaften)

The main union is the Association of German Trade Unions - UNP (Deutscher Gewerkschaftsbund - DGB), founded in 1949, which includes 16 trade unions, incl. IG Metall, the largest trade union organization in the world (2.869 million members). After a sharp increase in membership due to German reunification, the number of members has recently begun to fall, many union members in the new Länder have left the unions. In the western lands, membership is almost stable. Declining union membership: 1993 - 521779 members, 1994 - 413703 members. Number of members as of 1995: 9.354 million.

The main demands of the DGB, among others, are the reduction of unemployment, for example, through an employment program and a reduction in the working day, bringing employment to 35 hours a week (now - 41); the right of a decisive vote of employees in enterprises; prohibition of work on weekends; job security in cases of rationalization. The DGB does not include: The Trade Union of German Employees (Deutsche Angestellten-Gewerkschaft, DAG), German Union civil servants (Deutscher Beamtenbund), Trade Union of German Christians (Christlicher Gewerkschaftsbund, GGB), Trade Union of German Military Personnel (Deutscher Bundeswehr-Verband).

Employers' unions (Arbeitsgeberverbände): they are created by industry and land, which in turn are "under the roof" of the Federal Association of German Business Associations (Bundesvereinigung der Deutschen Arbeitsgeberverbände - BDA) in Cologne. President: Dieter Hundt

Send your good work in the knowledge base is simple. Use the form below

Good work to site">

Students, graduate students, young scientists who use the knowledge base in their studies and work will be very grateful to you.

Posted on http://www.allbest.ru/

federal state budgetary educational institution higher professional education

RUSSIAN ACADEMY OF PEOPLE'S ECONOMY AND PUBLIC SERVICE UNDER THE PRESIDENT OF THE RUSSIAN FEDERATION

Cheboksary branch

Department of Public Administration

By discipline: "Political science"

On the topic: "The political system of the Federal Republic of Germany"

Direction: Management and Economics

Completed by: student of group 10 - G - 11

full-time education

Ivanova Victoria Vladislavovna

Scientific adviser: Ph.D., Pavlov V.A.

Cheboksary 2013

Introduction

Germany is a democratic, federal, legal and social state with a republican form of government. The Basic Law (Constitution), adopted on May 23, 1949, is in force. The Basic Law establishes fundamental freedoms, the duty of the state to protect human dignity and the right to free development of the individual (this applies not only to Germans, but also to foreigners), the rights and freedoms of citizens, including .h. freedom of assembly, unions, movement, choice of profession, etc., the principle of equality, the principle of the rule of law, the principle of separation of powers. The idea of ​​a rule of law state is complemented by the principle of a welfare state: the duty of the state to implement the principle of social justice and protect the socially weak.

The constitutional principle of the federal structure means that not only the federation, but also each of the 16 federal states has statehood. The Basic Law clearly spells out the division of competences between the federation and the lands, in particular, in the largest 10th section, the division of powers in the tax and budgetary spheres (the principle of budgetary federalism, the financial equalization mechanism).

Germany is considered a classical country of a federal state order. The federal lands are not provinces, but states with their own Constitution, which meets the principles of a republican, democratic, legal and social state, and authorities (elected legislative bodies - Landtags and governments headed by prime ministers).

The lands are divided into communities, cities, districts (the latter unite several communities and cities; large cities are not part of the districts). They exercise communal self-government, guaranteed by the Basic Law.

The largest cities: Berlin, Hamburg, Munich, Cologne, Frankfurt am Main, Essen, Stuttgart, Dortmund, Dusseldorf.

The Basic Law is based on the principle of representative democracy: all power comes from the people, but it exercises it only during elections and transfers its implementation to special legislative, executive and judicial bodies. The Basic Law, taking into account the experience of the Weimar Republic, provides for the restriction or prohibition of the activities of political forces if they seek to damage the democratic system or eliminate democracy, even by democratic methods.

The relevance of this topic lies in the consideration of the political system of Germany, as it is one of the most developed states and has a stable political system.

The purpose of writing an essay is to highlight the political structure of Germany, to consider the principles of the organization of power.

Find out who is the head of state of Germany, as well as other higher authorities;

Consider the activities of the Federal Government;

Determine the structure and organization of the judiciary of Germany.

The work used the Constitution of Germany, a certificate of the Bundestag, as well as educational literature by such authors as Vatlin A.Yu., Pavlov N.V. and Patrushev A.I.

1. Head of state

The head of state is the federal president. He is elected for a term of 5 years (with the possibility of a single re-election) by the Federal Assembly, a constitutional body specially convened for this purpose. The president performs mainly representative functions (primarily in the international legal sphere), accredits and appoints ambassadors, appoints and dismisses federal judges, etc. Based on the results of parliamentary elections, he proposes a candidate for the post of federal chancellor to the Bundestag and can dissolve the Bundestag if it does not support the chancellor's declaration of confidence. The president is a supra-partisan unifying factor that stands above the daily political struggle, but it is he who formulates political and social guidelines for citizens.

German parliament

Bundestag

The supreme body of legislative power and the body of people's representation authorities - the German Bundestag. The German Bundestag is the German parliament. The activities of the Bundestag are regulated by the articles of the Basic Law (Constitution) of the FRG, adopted on May 23, 1949. According to the Constitution, the Bundestag passes laws, ratifies international treaties, elects the Federal Chancellor and federal judges, controls the activities of the Cabinet of Ministers, approves the federal budget, and makes decisions on declaring the state of defense .

The Bundestag is elected for a term of 4 years by universal, direct, free and equal elections by secret ballot by persons over 18 years of age. A person who has been a German citizen for at least a year and who has reached the age of majority (18 years) on the election day has the right to be elected. German Federal Bundestag

In elections to the Bundestag, each voter has two votes. He gives the first vote for the candidate in his constituency according to the relative majority system (direct mandate). The second vote is given to the party list drawn up in each land.

In the Bundestag, parties may be represented that have received at least 5% of the votes in the elections according to party lists or have promoted at least three deputies in electoral districts. In the Bundestag of the 16th convocation, following the results of the general early elections on September 18, 2005, votes and mandates were distributed as follows:

CDU / CSU - 35.2% (226 mandates)

SPD - 34.2 (222 seats)

FDP - 9.8 (61 mandates)

Union 90/The Greens - 8.1 (51 mandates)

Left Party - PDS (Party of Democratic Socialism) - 8.7 (54 mandates)

The Bundestag of the 16th convocation now has only 614 deputies.

The parties represented in the Bundestag create parliamentary factions. A faction may be formed by a group of deputies numbering at least 5% of the total membership of the Bundestag. Each faction of the Bundestag elects the board: the chairman, his deputies, as well as organizing secretaries. The faction chairmen in the Bundestag are currently: Volker Kauder (CDU/CSU), Peter Struck (SPD), Guido Westerwelle (FDP), Gregor Gysi and Oskar Lafontaine (Left Party. PDS), Renate Künast (Union 90/The Greens ").

The President of the Bundestag and Vice-Presidents are elected on the proposal of the parliamentary factions at the first plenary session of the Bundestag. By tradition, the president is elected from among the deputies of the largest faction. The President of the 16th Bundestag is Norbert Lammert (CDU/CSU), the Vice-Presidents are Gerda Hasselfeld (CSU), Wolfgang Thierse (SPD), Susanne Kastner (SPD), Hermann Otto Solms (FDP), Katrin Göring-Eckardt (" Union 90/The Greens"), Petra Pau ("Di Linke"). Together they form the presidium of the Bundestag.

The President of the Bundestag, in accordance with the regulations, convenes sessions and leads plenary sessions. He has an advisory vote in all committees of the Bundestag. In addition, the President represents the Bundestag in foreign relations and, according to protocol, is the second person in the country after the Federal President. He also heads the Federal Assembly, which is convened to elect the President of the country.

The federal government, the Bundesrat, Bundestag factions, and certain groups of deputies have the right to initiate legislation in the FRG.

Standing committees are set up in the Bundestag to draft bills. The 16th Bundestag has 22 standing committees. The three most important are: financial (chairman - Eduard Oswald (CSU)), foreign policy (Ruprecht Polenz (CDU)), defense (Ulrike Merten (SPD)). The committees study bills submitted to the Bundestag and issue opinions on them. If necessary, in order to discuss any issue in more detail, special committees can be created, and subcommittees within the committees of the Bundestag. Members of the financial committee participate in the discussion of bills in all other committees. Bills affecting the competence of the federal states need the approval of the Bundesrat.

For a more thorough study by the deputies of the issues submitted for discussion in the Bundestag, "hearings" are held with the participation of specialists and representatives of interested parties, there are "big" and "small" requests to the government. At regular meetings of deputies with representatives of the government (the so-called “hour of questions” or “actual hour”), members of the Bundestag have the opportunity to find out the opinion of cabinet members on certain topical issues.

The last of the innovations in this area is the organization of a poll of the opinions of government members after a cabinet meeting, when deputies have the right to ask questions on the agenda of the government meeting for half an hour.

It is allowed to combine the posts of a member of the Bundestag and the government.

Party system of Germany

Germany is a pioneer in the legal regulation of the position of political parties mercury. The fundamentals of the legal status of the PP, their organizational principles and tasks are regulated not only by the OP (Article 21), there is a special Law on Parties of July 24, 1967.

The constitutional law considers the PP as a tool for shaping the political will of the people. The great role of the PP in a democratic state is emphasized. However, the PPs do not turn into quasi-state institutions and are elevated to the rank of constitutional bodies of the state. According to the prevailing view in Germany, PPs are free public associations pursuing political goals.

In 1966, the FCC confirmed that the PPs are public associations, a clear distinction was made between the formation of the will of the people in elections, which parties exercise in a sphere of society free from state influence, and the formation of the will of the state, which is carried out through its constitutional bodies. Parties select and nominate candidates for their respective official positions. Elections are the means by which the political will of the people is transformed into the will of the state.

The Constitution provides for the possibility of banning PPs that undermine the democratic order. The possibility of a ban is guaranteed by the FCC. Two times in the history of Germany, PP was banned:

1952 - neo-Nazi Socialist Imperial Party (SIP),

1956 - Communist Party.

But in public opinion, the attitude towards the ban on parties is ambiguous. In particular, it is pointed out that the PP ban is ineffective, since PP supporters are driven underground, and, therefore, their persecution is more difficult.

PPs carry out their activities on a voluntary basis. Financing of the PP is carried out at the expense of public funds. 5 marks from each citizen entitled to vote. These funds are used to reimburse the PPs for their campaign expenses. The FCC prohibits the use of these funds for other purposes. The PRs publish a report on the origin of their funds, which is sent to the President of the Bundestag annually and published.

The internal structure of the PP must comply with the requirements of the OP. Art. 21 K - the internal structure of the PP must comply with democratic principles. The Law on Parties determines that the governing bodies of the PP must be elected in internal party elections, disputes between the party and its members are resolved by party arbitration courts.

Parties can be formed freely. The party must have a clear name, it is necessary to have a written charter and program, and the territorial principle must be the basis for building the party.

Germany has a multi-party system. There are more than 100 parties, but no more than 10 have real political weight. Over the 50-year history of Germany, the party system has undergone certain changes. By 1961, the number of parties was reduced to 3. From 1961 to 1983. The leading parties - the CDU-CSU and the SPD took turns heading the government, but they could not do without a small third party - the FDP. In the 1980s, the stable party system began to crumble. Further changes were associated with the reunification of Germany. The CDU-CSU and the SPD remain the leading parties, but the number of parties represented in parliament has increased to 5. Since 1981, the Green Party has appeared, with the reunification of Germany - the PDS.

CDU arose after the 11th World War as an association of Catholic-clerical, conservative and right-liberal movements; as a party whose strategy will be based on clerical social doctrine. Initially, it interpreted itself as a social, liberal and conservative people's party, appealing to all segments of the population, as a party whose policy is based on the Christian understanding of man and his responsibility before God. She advocated a "social market economy," a more indirect form of economic regulation based on neo-liberal theories that allowed for broad freedom of enterprise. Today, the CDU stands for an environmentally oriented market economy, for its transformation into a "center" party that could vacillate neither to the right nor to the left. The CDU has about 658,000 members."

CSU, called by German theorists the "Bavarian version" of the CDU, operates only on the territory of the state of Bavaria and has strong support in areas with a Catholic population. Just like the CDU, the goal of this union is to build an environmentally oriented social market economy; in addition, the CSU stands for the observance of the fundamental rights and freedoms of citizens, for the recognition of the role of the family as the "basic cell of society", the importance of religion as the basis of civilization, for the transformation of Germany into an inter-confessional state. The social base of the CSU is people belonging to the middle strata of the population of villages and small towns (with a predominance of peasants). The CSU has about 182 thousand members.

SPD- the oldest party in Germany, founded in 1863 (as the General German Workers' Union, whose first chairman was F. Lassalle). It still finds the greatest support among workers and in industrialized regions. Its program includes the economic transformation of a market economy, social justice, environmental restructuring industrial society. It rejects the ideas of a revolutionary transformation of society, advocates the preservation of the existing state and private ownership of the means of production. The numerical composition of the party is over 880 thousand members, there are many women in its ranks. Traditionally, the SPD has strong ties with trade unions.

FDP, in which, after 1945, progressive-liberal and conservative-liberal groups united, it represents the specific interests of the middle strata, the top employees and find their supporters among them. It, starting from the ideas of capitalist competition and free entrepreneurial initiative, advocates a free market economy, against nationalization, socialization, and the introduction of elements of a planned economy. It has the support of part of the intelligentsia of large cities, etc. The party has over 103,000 members.

CDU/CSU and SPD parties consider themselves people's organizations that are not connected with the interests of certain classes and groups and that are trying to win over to their side people of different social backgrounds and worldviews. The party system in Germany is characterized by the dualism of the SPD and the CDU / CSU, which means that one of these two political forces alternately comes to power; both are much larger than the FDP and the Greens. Together, the CDU / CSU and the SPD receive 80-90 * 6 votes in national elections.

Green Party formed from three political currents - the student protest movement, civil initiatives of various kinds, the movement for peace; unlike other parties and movements, it tries to represent not the interests of certain social groups, but the interests of the whole society. In its program: rejection of abuses in relation to nature and man; ecological humanism. With a priority attitude to the environment, the adoption of measures to improve many areas of society: energy, production and transport, housing construction, improvement of democratic institutions, education and science, etc. The Green Party has over 31,000 members.

Party of Democratic Socialism (PDS) initially proclaimed itself the successor of the Socialist Unity Party of Germany, i.e. communist party. She currently advocates a market economy with a high degree for social and environmental security, for solidarity and justice, for the meaningful use of work and leisure time, for freedom and democracy and human rights, for the protection of nature. The PDS considers the middle path between failed real socialism and existing capitalism to be the most realistic. The influence of PDS is quite strong in the "new lands", i.e. in the territory of the former GDR. The number of PDS exceeds 150 thousand people.

Bundesrat

The second chamber of the German parliament is the Bundesrat. Consists of members of the state governments representing the 16 states of Germany.

Lands with a population of up to two million people (Bremen, Hamburg, Saar, Mecklenburg - Vorpommern) have three votes in the Bundesrat, from two to six million people (Berlin, Brandenburg, Rhineland-Palatinate, Saxony, Saxony-Anhalt, Schleswig- Holstein, Thuringia) - four votes, from six to seven million people (Hesse) - five votes, over seven million people (Bavaria, Baden-Württemberg, Lower Saxony, North Rhine-Westphalia) - six votes. The number of votes means, first of all, how many delegates the state government can send to the Bundesrat. The delegation, as a rule, is headed by the chairman of the state government. The votes of one land can only be cast in concert.

Thanks to the Bundesrat, the Länder participate in legislative and executive activities.

2. Executive branch

The supreme body of executive power is the Federal Government.

The constitutional legislator sought to create a strong but parliament-controlled executive branch. Therefore, he handed this power to the Chancellor, and not to the President. As a result, Germany is often referred to as the "Chancellor's Republic".

The Basic Law provides for the following procedure for formation: the Bundestag, at the suggestion of the President of the Federal Republic of Germany, elects the Federal Chancellor - the head of government (in Germany, only the Chancellor is elected, this is where the role of parliament in forming the government ends). To be elected, a candidate must receive an absolute majority of the votes of the Bundestag. This is followed by his official appointment to the post of Chancellor by act of the Federal President. The rest of the issues concerning the Government are resolved apart from the Parliament. The remaining ministers are appointed and dismissed by the President of the Federal Republic of Germany on the proposal of the Chancellor.

Federal ministers head federal ministries, but there may also be ministers without portfolio (for special assignments). There are relatively few ministries (13 in 1949, 17 in 1987). In most cases, a coalition government is created, the vice-chancellor is a representative of a party that is in a bloc with the majority party. The number of members of the Government is determined by the Chancellor.

The FRG FRG establishes chancellor democracy in the country. The chancellor is the center of political power in Germany. The role of the Federal Chancellor in the leadership of the country is very great. He determines the main directions of policy in accordance with the constitution and is responsible for them; within the framework of these guidelines, each federal minister conducts the affairs of his branch independently under his own responsibility; in case of disagreement between federal ministers, the issue is decided by the government. The Basic Law emphasizes the special role of the federal minister of defense, who is empowered to issue orders and command the armed forces in peacetime; when the state of defense is declared, command of the armed forces passes to the federal chancellor.

The basis of the auxiliary apparatus of the Chancellor is made up of 3 departments:

1. Service of the Federal Chancellor,

2. Press and Information Office of the Federal Government,

3. Federal intelligence service.

The competence of the Government includes important issues of domestic and foreign policy, economic, financial and social issues. The federal government is actively using its right of legislative initiative.

The government performs the function of control over the activities of governments in the lands - the government controls the implementation of federal laws by the lands. Through the conferences of ministers of the Länder, chaired by the competent federal minister, the government exercises general supervision and coordination of the activities of the administrations of the Länder.

Cabinet meetings are held as needed, usually once a week at the residence of the Federal Chancellor. The meetings are closed. The circle of persons invited to the meeting is determined by the Service of the Federal Chancellor in agreement with the Head of Government.

The head of the highest body of executive power is the Federal Chancellor. He is the only member of the government approved by the Bundestag, and he alone is accountable to him. He alone forms the cabinet, determines the scope of the ministers and determines the main directions of government policy.

The current Federal Chancellor is Angela Merkel (CDU/CSU). Her predecessors in this post were: K. Adenauer (CDU, 1949-63), L. Erhard (CDU, 1963-66), K. G. Kiesinger (CDU, 1966-69), W. Brandt (SPD , 1969--74), G. Schmidt (SPD, 1974--82), G. Kohl (CDU, 1982--98), Gerhard Schroeder (SPD).

3 . FROMcourt system

The Constitution refers to the operation of five branches of justice in the country: general, administrative, financial, labor and social. The supreme bodies in each of these "branches", respectively, are the Federal Judicial Chamber, the Federal Administrative Court. Federal Financial Court, Federal Labor Court and Federal Court of Social Affairs. The Basic Law also provides that the federation may establish a federal court for the legal protection of industrial property; it can also form federal courts for the armed forces - military criminal courts; the latter can exercise their jurisdiction only in the case of a state of defense, as well as in relation to members of the armed forces sent abroad or at sea on warships. The supreme body for these courts is the Federal Judicial Chamber. Issues relating to the judicial system in the Länder are settled very briefly. Their constitutions only deal in detail with constitutional courts.

The fundamental law contains provisions on the appointment of judges, more precisely, the rules on their irremovability (judges are appointed without specifying the term of office), as well as on the independence of judges and their subordination only to the law. In the Federal Republic of Germany courts are not allowed extremely, and no one can be removed from the jurisdiction of his court; courts of special jurisdiction, according to the basic law, can only be established by law (art. 101). An infrequently encountered norm in foreign constitutional legislation was the provision on the abolition death penalty(Article 102).

The organization of the German judicial system is determined by two factors:

the federal structure of the state

The presence of both courts of general jurisdiction and courts of special jurisdiction.

The system of common courts includes district courts operating in the Länder, regional courts, higher regional courts and the Federal Court of Justice operating at the federal level, i.e. four instances.

The system of special courts usually has three levels: for example, the labor court, the regional labor court, the federal labor court.

Courts of general competence hear criminal and civil cases. The competence of labor courts includes disputes between trade unions and unions of employers, between individual entrepreneurs, on the one hand, and wage laborers (workers, employees), on the other. Administrative courts are in charge of all disputes of a public law nature, except for constitutional law, and above all, claims of citizens against various state bodies, disputes about the rights of civil servants, as well as disputes between certain administrative units (for example, between a city and communities); the same courts resolve conflicts related to the ban on mass protests and demonstrations, environmental protection, the provision of political asylum, etc. The courts for social affairs, considered in the specialized literature as a special type of administrative justice, deal with the claims of citizens against state institutions on issues of social insurance, the payment of child benefits, etc. As of January 1, 1993, in the Federal Republic of Germany ("old lands" , i.e. excluding land in the territory of the former GDR), there were 95 labor courts, 35 administrative courts, 50 social courts and 14 financial courts.

The court of first instance, as a rule, is always either a district court or a regional court. The district court has the right to hear most criminal and civil cases. Judicial proceedings in these courts are usually carried out by a single judge. The Regional Court also hears in the first instance certain criminal and civil cases and is also the appellate instance for district courts. The Supreme Court of the Land checks the compliance of the decision, both with the factual side of the case, and with the observance of the law. The Federal Court of Justice controls only the observance of the law.

As of January 1, 1993, there were 555 district courts, 94 land courts and 30 land supreme courts in the "old" lands of the FRG.

The above five supreme judicial bodies, which head separate "branches" of the judiciary, are independent and independent in relation to each other. If there are differences between them on significant legal issues, then, in accordance with the constitution, a joint Senate of the aforementioned bodies is convened, which makes decisions that ensure the unity of judicial practice.

Conclusion

Based on the above, the following conclusions can be drawn:

Germany has a federal form of territorial structure and includes 16 lands, the constitutional order of which must comply with the basic principles of a republican, democratic and social state of law. The provisions of the Basic Law concerning these principles, as well as the division of the Federation into Länder and the principles of participation of the Länder in legislation, cannot be changed by amending the Basic Law.

The competence of the Government includes important issues of domestic and foreign policy, economic, financial and social issues. The government performs the function of control over the activities of governments in the lands.

There are five branches of justice in the country: general, administrative, financial, labor and social. The organization of the judicial system of Germany is determined by the federal structure of the state and the presence of both courts of general jurisdiction and courts of special jurisdiction.

Bibliography

1. Encyclopedia of the countries of the world. Moscow. "Economy". 2009.

2. Vatlin A.Yu. "Germany in the 20th century". ROSSPEN. 2006.

3. Pavlov N.V. "Modern Germany". Moscow. Graduate School. 2007.

4. Patrushev A.I. "Germany in the 20th century". Moscow. Bustard. 2008.

6. http://www.mid.ru - [el. resource]

Hosted on Allbest.ru

...

Similar Documents

    The peculiarity of the Constitution as a fundamental law. Study of the political and electoral system of Germany. Analysis of the activities of the Bundestag. Powers of the Federal Chancellor, President and Government. Characteristics of the German federal state.

    abstract, added 06/15/2015

    The study of the history and stages of development of the German Parliament. Definition of the main tasks and functions of the Bundesrat - the state legislative body, the Federal Council and the Bundestag - the body of people's representation of the Federal Republic of Germany.

    presentation, added 01/02/2011

    Economic development of the Federal Republic of Germany. Crisis of the welfare state. Political development and foreign policy of Germany. Angela Merkel is the first woman on the German Olympus. Power struggle. Transatlantic direction of cooperation.

    thesis, added 05/30/2015

    Study of the main components of the political systems of European countries. Legislative and executive authorities in Germany. Form of government and administrative division of France. The study of the nature of the distribution of prerogatives in the system of power in Italy.

    abstract, added 04/15/2015

    Prerequisites for the emergence of a union state (Bundesstaat) in Germany. From occupation zones to a federal state. Unification of Germany. Correlation between German federalism and European integration. The current state of German federalism.

    term paper, added 10/07/2017

    The study modern history institutional interaction of national regions. Their political role in the Federal Republic of Germany and Great Britain. Development, structure of the economy and incomes of the population in countries. Cross-border cooperation.

    term paper, added 05/26/2015

    Study of the political structure of Great Britain - the Westminster system. Consideration of the procedure for the formation and functioning of the executive, legislative and judicial authorities, the powers and status of the head of state, the principles of building the state.

    test, added 04/05/2015

    State and non-state institutions of the political power of the Vatican. Constitutional foundations, characteristics of the form of government. Separation and interaction of the executive, legislative and judicial powers. Features of the party system of the Vatican.

    abstract, added 09/11/2014

    The concept of a legal and social state, their concepts and real implementation in the countries of Western Europe. Analysis of the constitutional and legal foundations and practice Russian state: the level of compliance with the criteria of a legal and social state.

    test, added 02/26/2012

    The essence of the state. Historical milestones in the development of the state. Legal social state. Distinctive features of the rule of law. Correlation of social and legal principles. The structure of the modern state. Forms of government.

The system of state power. Head of State - Federal President, which performs rather representative functions and appoints the federal chancellor. The Federal President of Germany is elected by the Federal Assembly, a constitutional body convened specifically for this purpose. It consists of the deputies of the Bundestag and the same number of delegates elected by the state parliaments in accordance with the principles of proportionality. The Federal President is elected by majority vote for a term of five years. Re-election is allowed once. The Federal President of the Federal Republic of Germany takes the following oath: "I swear to devote my strength to the good of the German people, to increase their wealth, to protect it from damage, to observe and protect the Basic Law and the laws of the Federation, to conscientiously fulfill my duties and observe justice in relation to everyone." If desired, he can add the religious wording "God help me."

Federal President performs primarily representative functions. He represents Germany in the international arena and accredits diplomatic representatives. In addition, he has the right to pardon prisoners.

Its official functions include:

Signing and promulgation of federal laws. At the same time, he has the right to exercise constitutional supervision over law-making activities;

Nomination of the candidature of the Federal Chancellor for consideration by Parliament;

Confirmation of the Federal Chancellor in office and his dismissal from office;

Confirmation and dismissal of federal ministers on the proposal of the Federal Chancellor;

Confirmation and dismissal of federal judges, federal employees, officers and non-commissioned officers;

In the above cases, he is only the executor of decisions taken by other authorities. The federal president has more serious political powers only in exceptional cases.

The removal of the President from office is possible if there are accusations put forward by the Bundestag and a corresponding decision is made by the Constitutional Court of the country.

Federal ChancellorBundeskanzler. Chairman federal government Germany. Its competence includes the appointment of federal ministers and the determination of the government's policy. Federal Chancellor is elected Bundestag- by the German Parliament for a period of 4 years and can be removed from office before the expiration of the term of office only through the mechanism of a constructive vote of no confidence.

The Federal Chancellor presides over the cabinet. Only he has the right to form the government: he selects ministers and puts forward proposals binding on the federal President for their appointment or dismissal. The chancellor decides how many ministers will be in the cabinet, and determines the scope of their activities. Such broad powers were vested in the chancellor after the Second World War on the decision of the Parliamentary Council (1948 - 1949). It was he who decided to limit the powers of the federal president, while at the same time giving additional political weight to the office of federal chancellor. Further strengthening of the so-called "chancellor democracy" was associated with a new regulation on the election of the chancellor, the introduction of a constructive vote of no confidence - in the government by the parliament and an ordinary vote of no confidence - in the parliament by the government. Together with the retention of the Federal Chancellor's right to determine the main directions of policy, which in without fail Cabinet members must follow. In this regard, the chancellor is by far the most significant figure in the state and political system of Germany. When declaring " state of defense» Command of the Armed Forces is transferred not to the President, but to the Federal Chancellor.

Executive branch of Germany operates according to a three-stage system. It is represented by the ministries - the implementation of political tasks; middle-level agencies the supervisory authority; lower-level agencies - executive functions. The composition of ministers has the right to carry out the tasks entrusted to it at its own discretion, but within the framework of the law. And bear full responsibility for the decisions taken and their consequences before the Federal Chancellor. In case of inconsistency of candidates with the position held, their candidacies are reviewed on a personal basis and replaced.

German government directly depends on the Bundestag, which has the right to pass a vote of no confidence in the Chancellor as a direct representative of the government. What could be the reason for the resignation of both the government and the chancellor. In reverse order, in the event of controversial issues that threaten the interests of the country's well-being, the Chancellor has the opportunity to express no confidence in the Bundestag and demand its dissolution through the issuance of an appropriate decision by the President. The Federal Government adopts its Regulations approved by the Federal President. This act regulates the powers of the Federal Chancellor, the rights and duties of federal ministers, the procedure for the work of the Federal Government, etc. Responsibility for the activities of the government lies entirely with the Chancellor. With the change of the Federal Chancellor, the government resigns.

The constitutionally fixed functions of the German government are:

Exercising control over the implementation of bills - after their adoption by Parliament through consideration and voting;

Planning the development of the country in the domestic and foreign policy spheres;

Implementation of control over the activities of local authorities;

Issuance of decrees: of a general nature, on the execution of laws and decrees equal to laws.

Government representatives are elected for up to 4 years.

Germany has a federal structure. This means that the political system of the state is divided into two levels:

- federal where nationwide decisions of international importance are made;

- regional, which solves the tasks of the federal lands.

Each level has its own executive, legislative and judicial authorities. Although the Länder are unequally represented in Bundesrat, legally they have equal status, which characterizes the German federation as symmetrical.

In Germany, the legislative initiative is taken by the Government, members Bundestag and Bundesrat. All government bills are sent to the Bundesrat, which gives opinions, and then to the Bundestag. If the bill is initiated by the Bundesrat, then it is sent to the government, which gives an opinion, and then transfers it to the Bundestag.

German Parliament - Bundestag and Bundesrat- the body of representation of the lands performs legislative and legislative functions at the federal level. They are empowered to amend the constitution by a two-thirds majority in each of these bodies.

BundestagBundestag. Federal Assembly, from Bund union, federation and Tag, Tagung- assembly, session. Unicameral body of popular representation. There are currently 631 deputies in the Bundestag. The Bundestag is elected by the country's voting rights for a term of four years. Early dissolution of parliament is possible only as an exception and is within the competence of the federal president. Elections are held according to mixed system. Each voter votes on two lists: in the first he chooses a candidate elected by the majoritarian system, in the second - a party list. Parliamentary seats are received only by those parties that have either won at least 5% of votes submitted for their party list, or won at least three single-member constituencies. The number of seats received by a party that has entered the Bundestag is proportional to the number of votes cast for its list.

Functions of the Bundestag:

Adoption of laws;

Election of the Federal Chancellor;

Control over the activities of the government.

At meetings of parliamentary committees, the main work on the preparation of laws is carried out. During the meetings, the political will and opinion of experts in the relevant field should be agreed. The committees are entrusted with the main work of parliamentary control over the activities of the government.

The official salary of a deputy is 7,700 ?/month, as well as a tax-free allowance for covering official expenses of 45,384 euros per year.

Bundesrat, Bundesrat. State legislature of Germany. Literally - " Federal Council» – representation of the federal states. Consists of members of the state governments representing the 16 states of Germany. That is, in fact, the Bundesrat is the representation of the regions at the federal level. The sometimes used name "upper house" is erroneous, since Germany has a unicameral parliament - the Bundestag.

Lands with a population of up to two million people (Bremen, Hamburg, Saarland, Mecklenburg-Western Pomerania) have three votes in the Bundesrat. Lands from two to six million people (Berlin, Brandenburg, Rhineland-Palatinate, Saxony, Saxony-Anhalt, Schleswig-Holstein, Thuringia) - four votes. Six to seven million people (Hesse) - five votes. Over seven million people (Bavaria, Baden-Württemberg, Lower Saxony, North Rhine-Westphalia) - six votes. The number of votes indicates how many delegates the state government can send to the Bundesrat. The delegation, as a rule, is headed by the chairman of the state government. The votes of one land can only be cast in concert. According to a firmly established rotation procedure, the Bundesrat elects its chairman for a year from among the states represented in it. The President of the Bundesrat takes over the duties of the Federal President when the latter is unable to carry them out.

Politic system. In fact, East and West Germany became a single country - the modern FRG on July 1, 1990, when the East German mark was withdrawn from circulation, replaced on the territory of the GDR by the national currency of the FRG - the West German mark at a rate of 1: 1. In total, currencies were exchanged in the amount of about 180 billion West German marks, approximately 108 billion dollars.

The Basic Law of the Federal Republic of Germany was adopted in 1949 for a transitional period until the political unification of the two German states. Until now, this constitution is in force in the country. Its first 19 articles describe the basic rights of citizens. By providing citizens wide opportunities exercise their rights, the Basic Law at the same time prohibits actions that can undermine the democratic order. This provision of the constitution was applied when the Communist Party and neo-Nazi parties were banned. As four main principles, the constitution enshrined the principles of democracy, the rule of law, the socially oriented state and federalism - the federation of the lands. Amendments to the Basic Law require the approval of a two-thirds vote in Bundestag and Bundesrat, and some basic articles and provisions are not subject to change at all.

In accordance with the Treaty on the Unification of Germany, signed on August 31, 1990, the action of the Basic Law of the Federal Republic of Germany extended to the five recreated eastern German states and the united Berlin from the moment they became part of the Federal Republic of Germany on October 3, 1990.

Electoral system. Every citizen who has reached the age of 18 has the right to vote and stand as a candidate in elections to state authorities.

Political parties. In Germany, before the unification of the country, there were three major political parties, and they were also preserved in united Germany. These are the Social Democratic Party of Germany (SPD); the Christian Democratic Union (CDU), which forms a bloc in the Bundestag with the Christian Social Union (CSU) operating only in Bavaria; Free Democratic Party (FDP). In the 1980s, a fourth party entered the political scene - " Union "90 - Greens e". In the GDR Socialist Unity Party of Germany(SED) and the four minor parties it controlled completely determined the social, economic and political life of the country. The collapse of the SED in late 1989 spurred the creation of various non-communist groups, including the New Forum reform movement. By the time the first all-German elections were held in December 1990, none of the significant new parties survived, and the SED members who remained loyal to the party renounced the communist past and renamed their association Party of Democratic Socialism(PDS). The parties of the former FRG extended their activities, organizational structure and finances to the eastern lands.

Political parties receive financial support from the state. In order to be eligible for subsidies, a party must collect at least 0.5% of the votes in list voting.

Judicial-legal system. The highest court in Germany is Federal Constitutional Court. Half of its members are elected by the Bundestag, the other half by the Bundesrat (8 judges each). The term of office for members of the Federal Constitutional Court is 12 years. The court interprets the Basic Law of the Federal Republic of Germany and checks federal and state laws for their conformity with the constitution. The Constitutional Court also renders private rulings in case of disputes between the Länder or disagreements between the Länder and federal governments. It also adopts resolutions on the basis of which one or another political party can be dissolved if it is established by the court that it pursues anti-democratic goals in its activities.

In courts of lower rank, the proceedings are conducted by independent judges, who, once appointed to office, cannot be recalled from the court without their consent. Justice in Germany is administered by five branches of the judiciary: in addition to ordinary courts (conducting civil and criminal cases), there are also labor dispute, administrative, social and financial courts. Criminal trials are conducted by judges, not juries. With the exception of litigation on a number of constitutional issues, the lower courts are not bound in their decision-making by the rulings of the higher courts. Although in practice such precedents happen often.

History reference

The first inhabitants of Germany bore little resemblance to its modern inhabitants. It took a long 500 thousand years before the Germans themselves came here in the 1st millennium BC. However, they did not linger here for a long time and in the 1st century BC rushed to the south. The weakening of the Roman Empire in the 4th century AD contributed to their settlement almost throughout Europe. At the same time, the first German states began to take shape. One of them was Frankish kingdom. Its rulers during the 6th-8th centuries completed the unification of the Germanic tribes, and in 800 Charlemagne proclaimed the creation of an empire. In 843, it broke up into independent states. In the eastern part, there was actually German kingdom. His main foreign policy task was the revival of the lost Empire of Charlemagne. In 962, the German troops managed to take Rome, and on the map of Europe appeared "Holy Roman Empire of the German Nation". Its heyday came in the XII - XIII centuries.

The extraordinary strengthening of large feudal lords helped accelerate the decentralization of the country, which already in the 13th century ceased to be a single state-political entity. The capitalist economy developed rapidly in the southwestern regions. In the 16th century, this region became the main center of Protestantism and actively supported the sermons Martin Luther. Thus, the socio-economic split deepened at the expense of the religious one and for several centuries delayed the political unification of the country and its economic development. The attempt of the Austrian emperors in the 18th century to suppress the separatism of the free regions did not lead to positive results. But in the same century, another unifying center was clearly identified - Prussia. FROM mid-nineteenth centuries, she collected disparate principalities into a single whole. And after the victories in 1871 in the Franco-Prussian War over the restraining centralization of Austria and France announced the creation the all-German Reich- an empire with its capital in Berlin.

Reich, Reich. German word for a series of lands subject to one authority. Goes back to the ancient German form rîhhi, which can literally be translated as "master's", derived from the pra-Germanic rikz- "lord", "ruler". ancient meaning“something under the rule of the ruler” is still preserved in German and can be translated into Russian by the word “state” or various terms denoting types of states: “kingdom”, “empire”, “state”. For example, the name of Austria Osterreich- Eastern State.

In modern Russian, the term Reich used exclusively in relation to Nazi Germany.

As long as the leading international positions in the economy were in the hands of England, France, Russia and the United States, Germany could not count on European domination. The result of these contradictions was the First World War. The victory of France and England slowed down the development of Germany, transferred it to a secondary position in world politics, and thereby gave rise to the growth of the national-revanchist aspirations of the German people. On the wave of such sentiments, in 1933, the Nazis led by Hitler came to power in Berlin, who unleashed the Second World War. Participation in the anti-Hitler coalition of the USSR led in 1949 to the split of Germany into the FRG and the GDR. A pro-Soviet regime was established in the GDR. With the collapse of the USSR in the late 80s and early 90s, the reunification of the country became possible.

32. The political system of Germany

1. Basic constitutional principles that characterize modern Germany as a state

Based on the Basic Law of the Federal Republic of Germany of 1949, in its current edition, we can single out the basic constitutional principles on which the modern German state is based and which characterize today's Germany:

Germany (FRG) is a federation of 16 states;

· Earth according to the Basic Law, it is proclaimed a state within the Federal Republic of Germany, which has its own history, historically developed territory, features of the national composition, often - its own dialect of the German language, its own constitution, parliament (Landtag), government, other state bodies, as well as its own symbols (coat of arms, anthem and flag); however, in fact, earthlings are a state in the full sense of the word - it does not have sovereignty, the right to secede from Germany, which is a single union state, and not a union of states;

· german federation is built on the principle of "strong center - strong lands", on the basis of subordination and division of powers between the center and the lands, as well as coordination and the presence of "horizontal ties" between the lands;

federal law takes precedence over land law;

· universally recognized international treaties and other legal documents are directly applicable in Germany and are part of national law;

Legislation is bound by the constitutional system, and executive power and justice - by law;

Germany recognizes fundamental human rights and freedoms;

· the most important of the rights enshrined in the Basic Law are the right to the dignity and equality of Germans;

The principle of separation of powers into legislative, executive and judicial is at the heart of the construction of the system of state authorities;

o the equality of every German in every land.

the right to life and physical integrity;

· right to free development your personality;

freedom of conscience;

freedom to seek and obtain information;

freedom of teaching, science and art;

the mother's right to support and protection from society;

the right to association;

freedom of processions and demonstrations;

secrecy of correspondence, postal communication and other communications;

the right to freedom of movement;

prohibition of forced labor;

feature German constitutional regulation of fundamental human rights is the possibility of their restrictions from the side of the state. So, people who use:

freedom of the press

· freedom of teaching;

freedom of assembly;

· freedom of association;

secrecy of correspondence, postal, telegraph and other telecommunications;

· ownership;

the right of asylum.

to fight against the democratic order, may be deprived of these rights by a decision of the Federal Constitutional Court.

The rights are also limited military personnel and persons undergoing alternative service:

the freedom of assembly;

· to submit collective petitions;

to express and disseminate one's opinion orally, in writing and through images.

Only 19 articles of the Basic Law of the Federal Republic of Germany are devoted to the regulation of fundamental human rights, and a large number of rights and freedoms usually enshrined in other constitutions turned out to be beyond the scope of constitutional regulation.

3. Germany is a federal state

It consists of 16 lands, many of which had centuries-old traditions of their own statehood (Bavaria, Saxony, Schleswig-Holstein, Baden, etc.), some were created artificially, from parts of Prussia liquidated by the allies - the core of all-German statehood (Brandenburg, Berlin, Mecklenburg-Verednaya Pomerania). 3 of the 16 lands are cities (Berlin - as the capital; Hamburg and Bremen in the past were city-republics and were part of the Hanseatic League).

The lands vary greatly in territory and population. The smallest of them is Bremen (both in terms of territory and population). The largest - Bavaria - exceeds 176 times, and the most populated - North Rhine-Westphalia exceeds the same Bremen by about 25 times. However, the federation in Germany cannot be called asymmetric. All lands have equal rights.

The Basic Law governs distribution of powers between the federal center and the states. Questions stand out:

the exclusive competence of the federation;

joint competence;

Land competences.

AT exclusive competence federations are:

· international policy of Germany;

· citizenship;

· currency;

mode of measures and weights, exact time;

· customs;

air communication;

post and telecommunications;

the federal public service;

statistics.

About 25 questions are in the area joint competence federations and states, the most important of which are:

· ecology;

· shipping;

road traffic.

Land rights determined on the principle of residual competence, i.e., the land has exclusive freedom in all matters not included in federal or joint competence.

Each land has a unicameral parliament - the Landtag (in Bavaria - bicameral, in the land-cities Landtags are called city assemblies), elected for 4-5 years. The party (bloc of parties) that wins the majority in the Landtag forms the government headed by the prime minister.

Feature of the German federation is also the fact that, along with the federal, each land has its own constitutional justice, represented by the constitutional courts of the lands. In the state of Schleswig-Holstein, the functions of the constitutional court of the state are transferred to the Federal Constitutional Court.

In addition to the above, it is also necessary to highlight other features that characterize the German federation:

a German in any land has equal rights;

· the constitutional system of the lands must correspond to the constitutional system of the Federal Republic of Germany, the basic principles of a republican, democratic, social state;

the state seeks to ensure a uniform standard of living throughout the land;

· in the highest institutions of the federation, officials from all the states should be used in the proper proportion;

· all institutions of the federation and the states must provide each other with mutual legal and administrative assistance;

· The federation and each land separately conduct financial expenditures.

An important feature of the German federation is possibility of federal land enforcement to perform any actions in cases where the land does not fulfill the obligations assigned to it by the Basic Law and other laws. Federal coercion in various forms is applied by the federal government with the approval of the Bundesrat.

If necessary, the territory of the lands can change, the lands have the right to unite, allocate new lands from their composition. Such decisions are taken by referenda in the Länder concerned. However, federalism as a whole and the very principle of dividing the federation into lands cannot be subject to revision.

4. Features of the legislative power of Germany

The bulk of laws and other acts are adopted by the parliament - the Bundestag. Some laws and other legal acts, especially those relating to the federation, the states or those of great national importance, are adopted by both the Bundestag and the Bundesrat. At the same time, the Bundestag and the Bundesrat are not the "lower" and "upper" houses of the same parliament.

Bundestag (unicameral parliament):

· consists of 656 deputies (according to the Federal electoral law);

elected by the people of Germany for a 4-year term under a mixed, majority-proportional system, that is, half of the deputies are elected in majoritarian single-member districts, and half - under a proportional system in land territorial districts (according to land party lists); moreover, only those parties that overcome the 5% barrier across the country are allowed to distribute mandates according to party lists.

Members of the Bundestag have free mandate. The Bundestag elects the president of the Bundestag and vice-presidents from among its members.

Bundesrat - the representative office of the lands. It currently consists of 68 members who are delegated to the Bundesrat by the Länder governments in proportion: any Länder delegates a minimum of 3 members; with a population of over 2 million - 4; with a population of over 6 million - 5, over 7 million - 6 members of the Bundesrat.

Members of the Bundesrat have imperative mandate, are bound by the will of the government that sent them and can be withdrawn at any time. Deputies from each land in the Bundesrat must vote in solidarity (that is, members of the Bundesrat delegated by one land must agree on each issue among themselves and vote equally).

The Bundestag and the Bundesrat jointly pass only the most important laws. Changes and additions to the Basic Law are also adopted jointly - 2/3 of the votes of the deputies of the Bundestag and 2/3 of the votes of the members of the Bundesrat.

Feature of the functioning of the legislative power of Germany is that, in a situation of legislative necessity, the government can transfer this right from the Bundestag to the Bundesrat.

In the event of war or military danger, the Bundestag and the Bundesrat may create a Joint Committee ("mini-parliament"), consisting of 2/3 of the deputies of the Bundestag and 1/3 of the members of the Bundesrat, competent to make laws and other decisions.

5. Executive branch of Germany

The supreme executive power in the country is exercised by federal government , which includes federal ministers and the chancellor.

The Prime Minister plays a special role federal chancellor. In fact, he is the political leader of the country.

The federal chancellor is elected by the Bundestag on the proposal of the federal president, then the chancellor forms the government. According to established custom, the leader of the party that won the election, or another candidate nominated for the post of Chancellor by the winning party, is elected Federal Chancellor.

The Basic Law of Germany in 1949 was the first constitution to provide for institution of a constitutional vote of no confidence . Its essence is that when the issue of a vote of no confidence is raised, a candidate for the post of Federal Chancellor is nominated. A vote of no confidence in the current government is at the same time the election of a new chancellor.

6. Head of state

The head of state in Germany is federal president , elected by a special board, half of which are deputies of the Bundestag, and the other half - exactly the same number of electors nominated by the Landtags.

This board is called Federal Assembly has only one task - to elect a president, after which it is dissolved. Every German (citizen of the FRG) who has reached the age of 40 and has the right to vote can become the President of the FRG. The term of office of the president is 5 years. The same person may hold this post for no more than 2 terms.

The President of Germany has almost no real powers, as a result of which he is often called a "weak" president compared to a "strong" chancellor. However, the federal president symbolizes the state, its unity, acts as an arbiter between the branches of power, formally performs key appointments, and performs important ceremonial and representative functions.

7. The judicial system of Germany

It has significant differences from the judicial systems of other countries. Its main differences in that:

· there is no single Supreme Court of Germany;

· The Federal Constitutional Court and the constitutional courts of the lands play a much greater role in the life of society and the state than in other countries.

Instead of a single German Supreme Court, the Federal Republic of Germany has 5 highest federal courts : federal judicial chamber, federal administrative court; federal financial court; federal labor court; federal court for social affairs.

Along with them, at the top of the judicial pyramid is the Federal Constitutional Court. Together they are called judicial senate .

In addition to these 6 higher courts in Germany, there are specialized courts:

· Federal Patent Court in Munich ;

· the federal disciplinary court in Frankfurt am Main;

military criminal courts.

judicial system in the lands are:

local courts;

land courts;

Higher regional courts

· specialized courts;

land constitutional courts.

Federal Constitutional Court consists of 16 judges. Half of them are elected by the Bundestag, the other half by the Bundesrat. The election of judges from the Bundestag is indirect: first, a 12-member electoral college is elected, and then this college elects judges.

The Bundesrat elects the judges of the constitutional court with a 2/3 vote.

A citizen of the Federal Republic of Germany who has reached the age of 40, a lawyer with experience in his specialty, can be a judge of the constitutional court. The term of office of judges of the constitutional court is 12 years without the right to re-election. At the age of 68, a judge must retire.

The Federal Constitutional Court (FCC) is divided into 2 chambers called Senates. Senates work separately, the entire volume of cases is divided between them approximately equally. The senates consider the most important cases in a joint session. The FCC is led by the President of the FCC and the Vice-Presidents of the FCC, who are elected in turn by the Bundestag and the Bundesrat.

The FCC is considering:

the constitutionality of laws;

· Compliance of normative-legal acts of the lands with federal law;

· disputes between the federation and the lands and between the lands;

Citizens' complaints about violation of rights and freedoms;

other questions.

The Federal Constitutional Court does not form a single hierarchy with the constitutional courts of the Länder and does not head it - the Federal Constitutional Court and the constitutional courts of the Länder act independently in their area of ​​competence.

Federal Republic of Germany (FRG).

Features of the political system

The form of government in Germany is a parliamentary republic. The political system of Germany is based on such important principles as representative democracy, separation of powers, priority of law, federalism, social orientation of the state, democratic regime and multi-party system (Articles 20 and 21 of the Basic Law of Germany). Parties play an important role in the German political system. The status of political parties is determined by the Basic Law of the Federal Republic of Germany and the special law on political parties of June 24, 1967. As amended on January 31, 1994 (with subsequent amendments and additions) 2. At the same time, fixing the multi-party system, the Basic Law also establishes certain restrictions.

It is not allowed to create and operate parties that “seek to damage the foundations of a free democratic order, or eliminate it or endanger the existence of the Federal Republic of Germany ...” (clause 2, article 21 of the Basic Law).

Such parties may be declared unconstitutional by a decision of the Federal Constitutional Court. And such cases have taken place. In 1952, the activities of the far-right Social Reichs Party were terminated, and in 1956 the Federal Constitutional Court banned the Communist Party of Germany.

The party system in Germany, according to German scientists, is characterized, on the one hand, by a certain stability, and on the other, by continuous development.

So, it starts from the second half of the 50s. and until the end of the 70s. of the last century, this system was called the "two-and-a-half" party system, which included a bloc, the CDU / CSU and the Free Democratic Party. The named parties in the elections to the Bundestag in 1979 - even 91.2% 3. Along with these large parties, there were other, smaller ones. In the 80s. More than 130 parties participated in elections at various levels, of which 37 consistently received deputy mandates in the representative bodies of the lands, and 16 in the Bundestag.

At present, the German party system includes many different parties, among which there are several that play the most significant role in political life. These are, first of all, the parties that make up the ruling coalition: the Social Democratic Party of Germany (SPD), the party, the Green Party.

STPG advocates a socially oriented political course of the state. The Green Party is a political association that advocates for the protection of the environment and, at the same time, for social justice and democracy. It was created in the late 70's - early 80's. and received great support in the 1998 elections, entering the bloc with the Union of the 90s, and in the 2002 elections, speaking independently. The opposition to the ruling coalition consists of the block of the Christian Democratic Union and the Christian Social Union (CDU/CSU), the Free Democratic Party (FDP) and the Party of Democratic Socialism (PDS).

The CDU and the CSU uphold Christian values ​​and the principles of a social market economy, and the CSU is a Bavarian party, i.e. only valid within the "Free State of Bavaria". The FDP adheres to liberal principles in all spheres of life. In recent years, there has been an expansion of radical movements in the country. The NPD, as well as some other parties, are especially active. These parties base their activity on openly fascist ideology.

Freistaat Bayern is the name of this land used in official sources at the present time.

In early 2001, the German government applied to the Federal Constitutional Court to ban the pro-fascist NPD.

The legal system of Germany reflects all the characteristic features of the Romano-Germanic legal family, but with the features inherent in the German nation - law-abidingness, discipline, accuracy of execution, and so on.

The constitutional status of the individual regulates the Basic Law, as well as a number of federal laws. It is noteworthy that in Germany only a single national citizenship is recognized. 2 The peculiarity of the regulation of the constitutional status lies in the fact that the Basic Law, fixing this or that right, connects its implementation with the legal facts established by the current legislation.

republican government constitution germany