Motions
Motions moved by Members of the Bundestag may vary considerably in content. They are included in the agenda as autonomous items. In most cases they are demands or requests for the Federal Government to submit a bill to deal with a specific matter or to take specific measures, for instance, or are political declarations of intent.
Motions tabled by Members must be signed by a parliamentary group or at least 31 Members, where the Rules of Procedure do not provide otherwise.
Different provisions apply, for example, to a motion of no confidence in the Federal Chancellor, which aims to bring about a change of government and has far-reaching political consequences.
A motion of no confidence in the Federal Chancellor (Art. 67 of the Basic Law) must contain a proposal for the election of a new Federal Chancellor and be signed by a quarter of the Members of the Bundestag or by a parliamentary group, which comprises at least a quarter of the Members. Thus, a motion of no confidence is in reality a motion for the election of a new Federal Chancellor (so-called constructive vote of no confidence). Forty-eight hours must elapse between the motion and the vote (Art. 67, paragraph (2) of the Basic Law). Like the election of the Federal Chancellor at the beginning of the electoral term (Art. 63 of the Basic Law), this election is held by secret ballot, and the proposed successor is elected only if he or she obtains the votes of the majority of the Members of the Bundestag; the Federal President then has to appoint the successor. At the same time, the previous Federal Chancellor is dismissed. Once the members of the new Federal Government have been appointed and sworn in, the change of government is complete. To date, a motion of no confidence has been moved on two occasions: it failed in 1972 (Rainer Barzel versus Willy Brandt), because Barzel obtained only 247 votes (instead of 249); by contrast, it was successful in 1982, when Helmut Kohl was elected Federal Chancellor with 256 votes, thus replacing Helmut Schmidt.
However, under Article 68 of the Basic Law the Federal Chancellor too may move a motion for a vote of confidence. In this case too, forty-eight hours must elapse between the motion and the vote, which - in contrast to the election of the Federal Chancellor - is public and takes the form of a vote using voting cards bearing Members' names. If such a motion of the Federal Chancellor for a vote of confidence, which he may combine with the vote on a bill, is not carried by the majority of the Members of the Bundestag, "the Federal President may, upon the proposal of the Federal Chancellor, dissolve the Bundestag within twenty-one days. As soon as the Bundestag elects another Federal Chancellor with the majority of its Members it may no longer be dissolved" (Art. 68, paragraph (1) of the Basic Law). Use has been made of this possibility of moving a motion for a vote of confidence pursuant to Article 68 of the Basic Law on four occasions: in 1972 (Chancellor Brandt) and in late 1982 (Chancellor Kohl) the motion for a vote of confidence was rejected, which resulted in the dissolution of the Bundestag and in early elections; by contrast, in February 1982 confidence was expressed in Chancellor Schmidt by 269 votes to 224 in response to his motion. However, he was subsequently voted out of office in October 1982 through the above-mentioned vote of no confidence.
In a number of other cases too the Basic Law or the Rules of Procedure prescribe a minimum number other than 31 Members. This applies in particular as regards a motion to convene the Bundestag (one third of Members, Art. 39, paragraph (3) of the Basic Law) and a demand for establishment of a committee of inquiry (one quarter of Members, Art. 44 of the Basic Law) or a study commission (one quarter of Members). Amendments to motions and amendments to bills on second reading and a few procedural motions may be moved by each individual Member of the Bundestag.
According to the Rules of Procedure, the above-mentioned motions are "in principle given one reading", unlike bills, which are given three readings, and laws ratifying international treaties, which are in principle given two readings.
In fact, however, motions are only very seldom dealt with conclusively in one sitting. In such cases the reasons for the motion are stated by one of the movers, there follows the debate, then a vote is taken on adoption or rejection of the motion.
Usually a motion is first referred to a committee, often without debate. Once the committee report has been placed on the agenda there is often, but by no means always, a short debate. The text recommended by the committee normally forms the basis for the deliberations on a motion. This text may well differ from the original wording of the motion.
Each individual Member of the Bundestag may move amendments to the text of the motion submitted by the committee. In each case, the reasons for the motion for an amendment may be stated and a debate held. A vote is then taken. If amendments are adopted, a vote must be taken on the amended motion.
Like bills, motions tabled by Members must, if the movers so demand, be placed on the agenda for the next sitting and also be discussed if at least three weeks have passed since distribution of the relevant printed papers. After ten weeks have elapsed a parliamentary group, a grouping or at least 31 Members may demand that the committee submit to the Bundestag a report on the progress of its deliberations. Moreover, if so demanded, this report must be placed on the agenda. Thus, in the former case, only the movers of the motion and, in the case of referral to a committee, all interested Members can ensure that motions which they have tabled themselves or consider important are not filed away without ever having been discussed.
The procedure is different in the case of motions for resolutions, which are not placed on the agenda but are submitted as non-autonomous items relating to other items of business. As regards their content, there is no difference at all between motions for resolutions and the above-mentioned motions moved by Members. Just like the latter, they must be signed by a parliamentary group or at least 31 Members, but they are not subject to any time limits and may be moved while the item to which they refer is being discussed. Motions for resolutions may be moved not only with respect to bills but above all with respect to the federal budget and its departmental budgets and also with respect to government policy statements, reports of the Federal Government, major interpellations and EU items, resolutions of the European Parliament, stability measures and ordinances having the force of law. The reasons for these motions are generally stated during the debate on the item of business to which they refer. In exceptional cases the reasons are stated, sometimes accompanied by a short debate, directly before the vote on the motion for a resolution. Motions for resolutions are voted upon either after the final vote on the related item of business or, if no final vote is taken, after closure of the debate. Motions for resolutions relating to the federal budget may be voted upon on third reading. Amendments to motions for resolutions may also be moved; the same procedure applies as for motions.
In earlier electoral terms it was customary for motions for resolutions moved during a debate first to be referred to a committee. Since the movers sometimes feared that their motion would thereby be "buried", motions for resolutions relating to items of business may not, pursuant to the Rules of Procedure, be referred to a committee if the movers object. If such an objection is lodged, a parliamentary group or at least 31 Members may demand that the vote be postponed until the next sitting day, so that the motion for a resolution can be examined more closely and, if need be, discussed.
Most procedural motions are not subject to specific time limits, and in some cases procedural motions may also be moved by a single Member of the Bundestag, e.g. motions for an item to be included in or removed from the agenda. The Bundestag takes a decision on all procedural motions by voting on them, except where minority rights are concerned. Minority rights may not be overruled by the majority. In the Rules of Procedure such minority rights are apparent from the word "demand". Thus a parliamentary group or at least 31 Members present may demand a vote using voting cards bearing Members' names, which must then be taken. Likewise, doubts may be expressed about the presence of a quorum in the plenary by a parliamentary group or at least 31 Members present and the presence of a quorum must then be ascertained. It is not possible to list all conceivable procedural motions here.
