Petitions Committee
The Petitions Committee also enjoys a special status, deriving from Article 45c of the Basic Law and a federal law issued pursuant to it (the Act on the Powers of the Petitions Committee of the German Bundestag of 19 July 1975).
Article 17 of the Basic Law states that every person has the right to address petitions (written requests or complaints) to the Bundestag. "Requests" are primarily taken to mean suggestions regarding legislation (enactment, amendment or repeal of a law). "Complaints" are primarily directed against the acts or omissions of administrative authorities.
The President of the Bundestag refers all petitions to the Petitions Committee. If a petition refers to an item of business currently under discussion in one of the other committees, the Petitions Committee asks this committee to comment on it.
The Petitions Committee considers all the complaints and requests addressed to the Bundestag. Each month it submits a report to the Bundestag comprising a list of the petitions it has dealt with and its recommendations for decisions by the plenary. Until now, these recommendations have always been followed by the Bundestag. In certain cases, however, parliamentary groups table a motion requesting a debate on individual petitions. In recent years, between four and six such debates have taken place each year. Thus, for every petitioner there is a chance that the Bundestag will deal publicly with his or her concern. All petitioners are entitled to a written reply stating how their complaints or requests have been dealt with. The Petitions Committee has a staff of around eighty to cope with the heavy workload involved in processing the large number of petitions it receives - since the unification of Germany the number has risen sharply to more than 20,000 a year on average.
When processing petitions, the Petitions Committee not only has the power - like every other committee - to summon a member of the Federal Government to attend its meetings and to request the Federal Government to provide information in written or oral form. It also has the power to demand that the Federal Government, its subordinate authorities, and any public-law corporations, institutions and foundations submit files and provide access to their premises. It may hear petitioners, witnesses and experts, and may also request the assistance of courts and public authorities. These are powers similar to those vested in a committee of inquiry. Unlike a committee of inquiry, however, the Petitions Committee cannot hear witnesses under oath.
Through its work, the Petitions Committee not only offers advice and assistance to many petitioners; it also shows the Bundestag where, as regards legislation and administration, there have been mistakes, omissions and injustices. Occasionally, in a similar way to rulings by the courts, it has brought about improvements in the law.
There are exceptions to the Petitions Committee's obligation to deal with the submissions it receives. For instance, it does not process anonymous or confused petitions, or petitions which, if dealt with, could affect pending court cases. Lastly, the Petitions Committee refers a considerable share (approx. 25 per cent) of the petitions it receives to the petitions committees of the state parliaments because the matter they address falls within the latters' sphere of competence.
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