Attempts for reform in the German Bundestag

Abstract

Comparison of legislative reform discussions in the participating countries is part of an ongoing debate on the quality of legislation, organized in Europe by the Speakers and Presidents of Parliaments, in cooperation with the OECD. The author introduces the topic, reports on the proceedings of the Working Groups and describes briefly the legislative process in Germany, followed by the consideration of several proposals for reform. In brief:

The right to initiate legislation is held by the Federal Cabinet, the Federal Council, and a qualified number deputies in the Bundestag (Federal Assembly). Experience shows, however, that the majority of draft legislation leading to laws is drawn up in the ministries. Parliamentary deliberation begins only after a draft bill has been drawn up and submitted.

Ideally, the procedure in the initiative phase should be as follows: The responsible working unit in a ministry in charge of a specified area of legislation checks a list of assessment questions as to whether new legislation is necessary. Then contact is established with all authorities able to make the necessary contributions, e.g. agencies under ministerial jurisdiction, various sections of the ministry in question, various sections of other ministries, the academic community, and with state and local governments. Under certain conditions a commission is to be formed as well.

After this a so-called legal formality assessment is carried out by the Federal Ministry of Justice, i.e. a cross validation with all other provisions of law, and the Society for the German Language must be involved. A cabinet proposal accompanied by a great deal of information on the results of the procedure described thus far is then decided on by the executive government (Federal Cabinet).

Reform considerations with regard to the initiative phase are oriented towards assessing more strongly than in the past in favor of choosing a "zero option" (i.e. no bill) as well as involving third party experts and non-governmental organizations more than in the past in the decision-making processes. In connection with major legislative projects aimed at systematizing and codifying large numbers of rules, regulations, and judicial laws often the case that an academic commission is created in the assessment phase whose members should also include experienced practitioners.

The obligation of executive government to include in the written reasons given for the legislation in the accompanying references to the budget effects of the bill and also to describe its effects on the overall equilibrium of the economy, on price trends, etc. is being expanded more and more in the direction of a comprehensive impact assessment. The primary option available to Parliament for monitoring the success of legislation continues to be the traditional way of requiring the executive government to produce reports on the implementation of legislation.