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German Bundestag (Federal Parliament of Germany)

The Bundestag is Germany's federal parliament. This article explains its role, composition, mixed-member electoral system, key functions, history, and working structures.

Overview

The German Bundestag is the primary legislative body of the Federal Republic of Germany. Founded under the Basic Law (Grundgesetz) in 1949, it represents the German people, enacts federal law, controls the federal government and elects the Federal Chancellor. The Bundestag meets in the reconstructed Reichstag building in Berlin and exercises authority alongside the Bundesrat, the assembly representing the federal states (Germany).

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Composition and electoral system

The Bundestag uses a mixed-member proportional system that combines single-member constituencies and regional party lists. Each eligible voter casts two votes: the first vote (Erststimme) selects a constituency representative, and the second vote (Zweitstimme) determines the overall proportional strength of parties in the Bundestag. There are normally 598 base seats — 299 elected directly in constituencies and 299 from party lists — but the total membership frequently exceeds this number because of overhang and compensatory seats.

  • Constituency seats: 299 members are elected directly in single-member districts.
  • List seats: the remainder are allocated from state party lists to achieve proportionality based on the second vote.
  • Thresholds: a party normally must receive at least 5% of the second votes or win three direct mandates to qualify for proportional seat allocation.

Overhang and leveling seats

When a party wins more constituency seats in a state than it would be entitled to by its share of second votes, it keeps those extra seats (Überhangmandate). To preserve proportionality among parties, additional seats (Ausgleichsmandate) are then awarded to other parties. Reforms since 2013 have adjusted how these overhang and compensatory seats are calculated to maintain fairness and to prevent distortion of proportional representation.

Functions, procedures and internal organisation

The Bundestag's principal functions include drafting and passing federal legislation, approving the federal budget, overseeing the executive branch, and electing the Federal Chancellor. Legislative initiatives can originate with the federal government, parliamentary groups, or individual members. Much of the detailed work takes place in specialist committees, which examine proposals and prepare reports for plenary debates. The Bundestag is led by its President, supported by a Presidium and the Council of Elders, which manage agenda, speaking time and committee assignments.

History and seat

After World War II the provisional capital and seat of the Bundestag was Bonn. Following German reunification, the Bundestag moved to Berlin in the late 1990s; the historic Reichstag building was renovated and fitted with a distinctive glass dome to symbolise openness and parliamentary accountability. The decision to relocate and the building's restoration remain significant elements of the Bundestag's modern identity (Reichstag building, Bonn).

Political groups, public role and notable facts

Members sit in parliamentary groups (Fraktionen) that shape debate, propose legislation and allocate committee membership. The Bundestag is a central forum for national debate, government scrutiny and democratic participation; its sittings are open to the public and often broadcast to ensure transparency. The Bundesrat and Bundestag together form the federal legislative process, and special bodies such as the Federal Convention convene to elect the Federal President. For further procedural and constitutional context see general resources about the legislature (legislature) and the federal states (Länder).

Current leadership: The Bundestag is presided over by its President, who chairs plenary sessions and represents the institution externally; the president and the Bundestag's composition change with elections, the last of which assigned a larger number of members due to compensatory seats.

Plenary

The Plenary Hall, where both the German Bundestag and the Federal Assembly meet, is the largest assembly hall in the Reichstag building.

In the middle of the front side there is the session board with the President of the Bundestag or his representative and two secretaries, behind them the director at the German Bundestag and the employees of the plenary assistance service. The seat of the Commissioner for the Armed Forces and the Bundesrat bench are on the left-hand side of the front of the Chamber, and the Government bench is on the right-hand side. The seat nearest to the Presidium in each case is reserved for the Federal Chancellor and the President of the Bundesrat.

Behind the desk of the Presidium are the federal and the European flag under the large, 2.5-ton Bundestag eagle (the "fat hen"). The federal flag is a replica of the main flag of the Hambach Festival of 1832, which demonstrated the demands for unity and freedom during the so-called Vormärz, with the third stripe made of gold lurex. It was presented to the German Bundestag in 1949 by the government of the state of North Rhine-Westphalia on the occasion of the first session of Parliament in Bonn and renewed in 1999 during the parliamentary summer recess. The centre of the plenary chamber is the speaker's rostrum. In front of the speaker sit the stenographers and the members of the Bundestag.

The President sees the plenum in front of him. On his right, in a semicircle, sit the members of the AfD. Next to them sit the members of the FDP and then in the middle the CDU/CSU. In the left-centre sits the parliamentary group of Bündnis 90/Die Grünen, and in the left half of the plenum the SPD parliamentary group has its place. Although the Greens were considered more "left-wing" than the SPD in their early days, the SPD insisted in 1983 that no parliamentary group should sit to its left. This division remained in place until reunification. Since then the MPs of the party Die Linke sit on the far left, because when the then PDS moved in in 1990 the SPD did not insist on their outer place. Above the deputies sit visitors of the Bundestag on own tribunes. They are not allowed to express approval or disapproval; they can be expelled from the hall in case of violation.

Behind the benches of the Federal Government and the Bundesrat are boards with illuminated letters indicating the current item on the agenda. Likewise, a green "F" signals when television is broadcasting. The chairs in the German Bundestag are permanently installed after a Bundestag election according to parliamentary groups. The plenary hall is additionally illuminated by a mirror system which redirects daylight from the dome into the hall.

Mandate

Main article: Bundestag electoral law

According to the electoral law principles of personalised proportional representation, representatives of the people are elected in general, direct, free, equal and secret elections in 299 constituencies. Through the election they receive a so-called mandate, the political representation mandate, which the electorate gives to the member of the legislative body. The mandate holders are called deputies. The voter casts two votes: With his first vote (on the left, see diagram) in the German Bundestag election, one votes for a direct candidate in his constituency (also constituency vote). The candidate enters the parliament directly, as soon as he has reached the relative majority of the votes. The so-called second vote is cast with a cross on the right side of the official ballot paper. A similar electoral system is found in some state elections.

The legal number of members of the Bundestag amounts to 598 since the beginning of the 15th legislative period. For the distribution of the seats the second vote result is decisive. In the distribution, first those MPs are taken into account who have won the mandate in their constituency directly on the basis of the first vote result - one speaks also of direct mandate. The remaining seats are then allocated to candidates on the previously determined state lists of the parties. Here, a party with its state lists is only considered if it has received at least five percent of the second votes cast or at least three direct mandates.

There are three typical distribution cases:

  • A party has won a larger share of strength than the number of direct mandates. Further mandates are then allocated to it according to the national list.
  • A party has won a smaller share of strength in a Land than the number of direct mandates. All of these surplus direct mandates are valid, the so elected deputies enter the parliament regardless of the distribution of seats in terms of strength. The total number of the delegates increases thus by these mandates, colloquially overhang mandates, and increases thereby the legal number in accordance with § 1 BWahlG. Other parties then usually receive additional compensatory mandates.
  • A party has won a share of strength that corresponds exactly to the number of direct mandates. No further mandates are then allocated.

The system of personalised proportional representation enables the voter to vote for his or her preferred political party on the one hand, and on the other hand to elect a candidate for a Member of Parliament from his or her constituency independently of this party. The Bundestag itself takes over the election examination according to Article 41 GG, it also decides whether a deputy has lost his mandate. Against the decision of the Bundestag an election review complaint can be lodged with the Federal Constitutional Court. The Bundestag meets at the latest on the thirtieth day after the election (Article 39 (2) GG).

Due to a decision of the Federal Constitutional Court, the German Bundestag was obliged to change the electoral law before the 2013 Bundestag elections, as the previous practice of distributing overhang mandates, which could result in a negative weighting of votes, was not compatible with the Basic Law in the opinion of the court. On 21 February 2013, the Bundestag finally passed a new electoral law with the votes of the CDU/CSU, SPD, FDP and Bündnis 90/Die Grünen parliamentary groups. The left-wing parliamentary group voted against. The amended electoral law provides that all overhang mandates that arise in an election are to be compensated. Thus, the size ratio of the parties according to the result of the second votes is to be preserved. However, this could lead to a considerable enlargement of the Bundestag.

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AlegsaOnline.com German Bundestag (Federal Parliament of Germany)

URL: https://en.alegsaonline.com/art/38449

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