About Germany

The Bundesrepublik Deutschland is a federation of 16 constituent Länder.

The distribution of powers and functions between the Bund and the Länder is set out in the constituent, the Grundgesetz (Basic Law). Distinction is made between fields within the exclusive legislative powers ofthe Federation and fields within concurrent legislative powers. In the field of concurrent legislation the Länder may legislate so long and so far as the Bund makes no use of its legislative right. There are also provisions under the concurrent legislation while the matter is effectively regulated by Land legislation. And, finally, joint tasks are specified under the concurrent legislation where the Bund participates in the discharge of enumerated responsibilities of the Länder.

In the event of conflict between federal law and Land law, the Federal law prevails. The residue of powers remains with the Länder.

Exclusive legislation of the bund is strictly limited to the powers enumerated in article 73 of the constitution including foreign affairs, defence, citizenship, immigration, international commerce, customs, currency, coinage, weightssand measures, industrial property rights, copyrights, and nationwide public services like postal and telecommunication services, federal railroads, and air transport.

In most other fields concurrent legislation exists. Article 74 enumerates a long list of concurrent legislative powers including the criminal, civil, economic, labour, and agricultural codes of law, public welfare, real estate transactions, road traffic and non-federal railroads. Accordig to article 7.5 of the constitution, the Bund has the right to enact skeleton provisions concerning the general principles governing higher education, the general legal status of the press, regional planning, land distribution, and nature conservation. Article 91 a of the constitution defines the extension and construction of insti-tutions of higher education, the improvment of regional economic structures, oast preservation, and the improvement of the agrarian structure as joint tasks of the Bund and the Länder.

Under Basic law the Federation has only narrowly defined administrative powers. The Länder execute Federal laws as matters of their own concern.

Each Land has its own written constitution and elected legislature. Except for Bavaria the legislatures are unicameral. each federal state has its own government elected by the state's parliament, its administrative authorities, and an independent judiciary.

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