German Government and Administration: An Overview

The Government and Administration in Germany

The political system established in 1949 aimed to create a strong head of government, moving away from the executive bicameralism of the Weimar Republic and monarchical political structures. This resulted in a system where the Chancellor holds a prominent position, with a relationship of trust between the Government and Parliament being a key feature of the German political system.

The Government comprises the Federal Chancellor and Federal Ministers. Parliamentary Secretaries of State, similar to the British cabinet, also support the ministries.

According to the Basic Law, the Bundestag elects the Chancellor without prior discussion, voting for the individual rather than a government program. The Chancellor then chooses ministers, with Parliament holding the Government and the Chancellor accountable. Ministers are responsible for their ministries, but Parliament cannot withdraw confidence from individual ministers. Instead, Parliament can express dissatisfaction through parliamentary controls (questions and interpellations), expecting the Chancellor to act accordingly. This reinforces the Chancellor's position as more than just a primus inter pares within the government.

The Chancellor, typically the head of the ruling party, brings their personal characteristics to the executive role. The strengthened role of the Chancellor is linked to the organization of parliamentary parties and the prioritization of partisan political organizations committed to implementing the social state.

Election of the Chancellor

The Federal President proposes the Chancellor, who is elected by an absolute majority in the first vote (except for Kohl in 1982). If this majority is not achieved, the Bundestag, supported by a quarter of its members, can propose candidates for a second vote within 14 days. If no election occurs, a third vote takes place immediately, requiring only a simple majority. The Federal President can then appoint the Chancellor or dissolve the Bundestag. Appointing a Chancellor without a simple majority implies a commitment to good governance, even with a divided House.

Executive Functions

There are three general principles governing executive functions:

• The principle of collegiality: The Federal Government consists of the Federal Chancellor and Federal Ministers.
• The monocratic principle: Ministers are subordinate to the Chancellor.
• The principle of individual ministerial responsibility: Each Federal Minister directs their department at their own risk.

The Chancellor's figure is personalized in political leadership, unlike systems like Spain where the Government leads. The Minister of Finance has a prominent role within the collegiate government, with veto power over proposals involving increased spending and responsibility for accountability to Parliament.

The Basic Law strengthens the Executive by delegating legislative power from Parliament to the Government. Since 1967, parliamentary secretaries of state have been appointed as government representatives for executive tasks, maintaining discipline within the parliamentary fraction.