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The Mediation Committee of the Bundestag and Bundesrat: A Special Institution of German Constitutional Law

Published online by Cambridge University Press:  15 June 2016

Abstract

The Mediation Committee of the Bundestag and Bundesrat – is it “one of the most felicitous innovations in our constitutional activities”, “the most positive institution in the entire Basic Law” or, as some critics assert “a substitute and superordinate parliament” or indeed the “mysterious darkroom of the legislative process”? This article seeks to provide answers to these questions. It is however clear that the Mediation Committee has become an important instrument for attaining political compromises in Germany's legislative procedure. The Committee's purpose is to find a balance between the differing opinions of the Bundestag and Bundesrat concerning the content of legislation, and, through political mediation and mutual concessions, to find solutions that are acceptable to both sides. Thanks to this approach, the Mediation Committee has helped save countless important pieces of legislation from failure since it was established over 65 years ago, thus making a vital contribution to ensure the legislative process works efficiently. The lecture will address the Mediation Committee's status and role within the German legislative process. It will explain the composition of this body as well as its most important procedural principles also against the backdrop of current case law from the Federal Constitutional Court. Finally, the lecture will consider how particular constellations of political power impact on the Mediation Committee's work.

Type
Articles
Copyright
Copyright © The Author(s) 2016 

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Footnotes

Lecture given at the 34th Annual Course on International Law and Legal Information, Berlin, organized by the International Association of Law Libraries, September 20–24, 2015.

References

1 Currently: CDU/CSU – 7 members, SPD – 5 members, The Greens – 2 members, LEFT party – 2 members.

2 For details see V. 6.

3 Judgment of the German Federal Constitutional Court of 22 September 2015, file ref. 2 BvE 1/11, Press release (in English) No. 70/2015 of 22 September 2015, http://www.bundesverfassungsgericht.de/SharedDocs/Pressemitteilungen/EN/2015/bvg15-070.html

4 Most recently: Judgment of the German Federal Constitutional Court of 8 December 2009, file ref. 2 BvR 758/07, Press release No. 2/2010 (in English), http://www.bundesverfassungsgericht.de/SharedDocs/Pressemitteilungen/EN/2010/bvg10-002.html

5 For example, Housing Allowances Act, Family Allowances Act, and Reform of the Motor Vehicle Tax.