Interaction between constitutional organs

Interdependence ofconstitutional organs

Given the complementary nature of their functions, the constitutional organs of the Federal Republic of Germany cannot act in isolation. To perform their functions properly, they must consult and cooperate with each other. The Federal President has manifold contacts with other constitutional organs.

Bundestag

The roles of the Federal President and the German Bundestag are clearly connected, since under the Basic Law the Federal President has the right or duty

• to propose a person for election as Federal Chancellor (Article 63(1) of the Basic Law),
• to dissolve the Bundestag if necessary, should a person standing for election as Federal Chancellor under Article 63(4) of the Basic Law fail to obtain a majority of Bundestag members' votes or the incumbent Federal Chancellor fails to obtain a vote of confidence (Article 68 of the Basic Law),
• to demand the convening of the Bundestag (Article 39(3), third sentence, of the Basic Law),
• at the request of the Federal Government and with the consent of the Bundesrat to declare a state of legislative emergency (Article 81(1), first sentence, of the Basic Law).

It is also standard practice for all Federal Presidents to regularly meet with members as well as the Presidium and committees of the Bundestag. This gives him an opportunity both to obtain first-hand information and to influence political developments. Only on exceptional occasions does the Federal President attend sessions of the Bundestag.

Bundesrat, "deputizing" for the Federal President

Federal President has a special relationship with the Bundesrat in that under Article 57 of the Basic Law the President of the Bundesrat assumes the powers of the Federal President, should he be unable to perform his duties (state visit abroad, illness, holiday) or the office fall prematurely vacant (resignation).
In such circumstances the President of the Bundesrat is acting Federal President and cannot therefore perform his normal duties of office. Particularly in the most common case where the Federal President is on a state visit abroad, the President of the Bundesrat does not assume all his duties since the Federal President is after all absent in an official capacity. In such cases the Bundesrat President "deputizes" for the Federal President only in so far as a personal presence in Germany is required or official documents have to be signed. Also when abroad, however, the Federal President may send messages of congratulation or condolence.

Federal Government

The Federal President is involved in the formation of the Federal Government and thereafter remains in close contact with it. According to Article 58, first sentence, of the Basic Law, orders and directives of the Federal President require for their validity the countersignature of the Federal Chancellor or the competent federal minister. This provision is intended to ensure the coherence of government action. Clearly therefore the Federal Chancellor should keep the Federal President informed on issues of government policy and the work of his ministers by providing him with relevant documents and reports as well as briefing him in person, should the need arise. The fact that the Head of the Office of the Federal President or his deputy attends Cabinet meetings and reports back to the Federal President thereon is another way of ensuring he has the information necessary for the performance of his duties.

Federal Constitutional Court

The Federal President also has close connections with the Federal Constitutional Court. When its judges are appointed, dismissed or retire, they are handed the relevant official documents by the Federal President himself. On their investiture they take the oath required under Article 11 of the Federal Constitutional Court Act in the presence of the Federal President.
It is also customary for the Federal President to visit the Federal Constitutional Court in Karlsruhe and discuss matters of mutual concern with the members of both senates.