Function according to the theory of the state

From the point of view of protocol, the Federal President as head of state occupies the leading position. He is the constitutional organ which represents the Federal Republic of Germany both at home and abroad. He does so by making the state - its existence, legitimacy, legality and unity - perceptible in all he does and in every public appearance. This highlights his role as a figure of integration and his monitoring function in his capacity as guardian of the law and the constitution. Furthermore the Federal President has fall-back powers which he can use if the parliamentary system of government is in a crisis situation.

New definition of the presidential role after Weimar

The tasks and powers of the Federal President are considerably less than the powers which the President of the Reich enjoyed under the Weimar constitution.
Towards the end of the Weimar Republic President von Hindenburg used his powers to disastrous effect. The Parliamentary Council thus drew the conclusion that the political powers of the Federal President should be strictly limited. Thus he cannot appoint the Chancellor single-handedly, nor deliver "emergency decrees", nor does he have command of the armed forces.

There is more to the powers of the Federal President than a mere comparison with those of the President of the Reich highlights.
Rather the role itself has been remodelled by the Basic Law and is defined first and foremost with regard to the other constitutional organs (German Bundestag, Bundesrat, Federal Government, Federal Constitutional Court).

Tasks

The classic functions which the Federal President as head of state performs include:

• representing the Federal Republic of Germany at home and abroad (public appearances at state, social and cultural events, speeches, visits to the Länder and communities, state visits abroad, receiving foreign state visitors),
• representing the Federal Republic of Germany in terms of international law (Art. 59 (1) sentence 1 of the Basic Law), concluding treaties with foreign states (Art. 59 (1) sentence 2 of the Basic Law), accrediting (appointing) German diplomatic envoys and receiving (accepting the letter of accreditation of) foreign diplomats (Art. 59 (1) sentence 3 of the Basic Law).

His other important tasks include:

• proposing the Federal Chancellor for election (Art. 63 of the Basic Law),
• appointing and dismissing the Federal Chancellor (Art. 63 and 67 of the Basic Law) and the Federal Ministers (Art. 64 of the Basic Law), - dissolving the Bundestag (Art. 63 (4) sentence 3, Art. 68 of the Basic Law),
• promulgating (signing) and publicizing laws (Art. 82 of the Basic Law),
• appointing and dismissing federal judges, federal civil servants, commissioned and non-commissioned officers (Art. 60 (1) of the Basic Law),
• exercising the power to pardon on behalf of the Federation (Art. 60 (2) of the Basic Law).

Role shaped by the President himself

The Federal President is the only constitutional organ which is made up of just one person. It is inevitable that the personality of the officeholder has a considerable effect on how the relevant functions are carried out. This is certainly one of the reasons why practice has had a decisive influence on the current position of the Federal President under constitutional law.

Thus it is normal practice for the head of state to refrain from making public statements on current political issues which are the subject of dispute between the parties.
His non-partisanship and detachment from day-to-day politics enables him to help resolve differences, break down prejudices, voice the interests of the citizens, influence the public debate, express criticism and make suggestions and proposals.

Election by the Federal Convention and prerequisites

The Federal President is elected by the Federal Convention which consists of the members of the Bundestag and an equal number of members from the Land parliaments who are elected on the basis of proportional representation, that is in relation to the strength of the parties represented in the Land parliaments. The election of the Federal President is the sole function of this body.

The Federal President has to be German, be entitled to vote in Bundestag elections and have attained the age of forty. The term of office is five years.
Re-election for a consecutive term is permitted only once (Art. 54 of the Basic Law). Details of the election are governed by the federal law on the election of the Federal President by the Federal Convention based on Article 54 (7) of the Basic Law.

The Federal President may not be a member of the government or of a legislative body of the Federation or of a Land (Art. 55 (1) of the Basic Law).
His role is incompatible with the exercising of any other salaried office, or the engaging in any trade or profession, but not with the holding of such an office. He may not belong to the management or supervisory board of any enterprise conducted for profit (Art. 55 (2) of the Basic Law).

On assuming his office, the Federal President takes an oath before the assembled members of the Bundestag and the Bundesrat (Art. 56 of the Basic Law). During his term of office, he enjoys immunity (Art. 60 (4) in conjunction with Art. 46 (2) to (4) of the Basic Law): although the state is entitled to impose punishment, he is during this time exempt from any criminal proceedings and other restriction of the personal freedom and from the initiation of any proceedings. The reason for this is not the personal interest of the officeholder but his ability to exercise his role freely.

Ending the mandate

The mandate of the Federal President draws to a close with the expiry of his term of office, in case of death or premature ending by renunciation, loss of eligibility or a loss of office in accordance with the procedure laid down in Article 61 of the Basic Law.

This provision governs the impeachment by the Federal Constitutional Court at the request of the Bundestag or the Bundesrat, if it is established that the Federal President is guilty of a wilful violation of the Basic Law or any other federal law. There is no provision for a voting out procedure.