Final remarks
The legislative process in the Federal Republic of Germany is
relatively complex. It was not, however, deliberately intended to
be so. Its complexity is simply the price which has to be paid for
involving so many different bodies in the passage of legislation,
for ensuring that often difficult subject matter is examined
several times over, and for making available a wide range of
information to all those interested in a particular subject. The
complexity of the process ultimately reflects the demands of
democracy and the rule of law. In parts of the world where such
principles are disregarded, in totalitarian regimes and military
dictatorships, the passage of legislation is a quick and easy
affair, - and by no means accidentally, laws tend to be unjust and
ineffective.
A final look at the passage of legislation in Germany clearly
reveals the reasons behind each stage in the legislative
process:
- Bills are drawn up by the specialized divisions in the relevant
ministries, the subject matter of each bill being examined
carefully, with information from the federal administration as well
as from affected groups and other interested parties being taken
into account.
- Coordination between the individual ministries and in the
cabinet helps ensure that bills conform to Government policy and
are also compatible with the scope and limits of the federal
budget.
- In the course of the initial deliberations in the Bundesrat,
the Länder can draw on their experience of implementing
legislation when discussing the bill and can make their interests
known.
- The first reading in the Bundestag also serves to inform the
Members of the German Bundestag and the public that a legislative
process is underway with regard to a particular subject matter and
is to be debated in Parliament.
- The detailed examination of the bill during the committee stage
makes it possible for additional expert opinions and political
viewpoints to be taken into account; moreover, it allows the views
of the parliamentary groups to be incorporated in the bill and is
often an opportunity for Members from different parliamentary
groups to compromise and reach agreement on the content of the
bill.
- The hearings held by the committees are an opportunity to
gather additional information from experts in the subject area
covered by the bill; they increase public awareness of the issues
at stake and give members of the public and interested
organizations another chance to participate in the
discussions.
- During the second and third readings in the plenary of the
Bundestag, arguments for and against the bill are debated and the
opinions and arguments of the various parliamentary groups are put
forward. Media coverage of the debate by newspapers, radio and
television allows the public to form their own opinions on the bill
on the basis of the arguments presented in the Bundestag. Finally,
the bill is adopted.
- The Bundesrat's renewed involvement after the adoption of the
bill by the Bundestag serves to underline the federal structure of
the Federal Republic and the important role played by the
Länder in terms of the execution of legislation and the
consideration given to regional disparities.
- Under certain circumstances, the Mediation Committee may be
requested to convene. This serves to ensure that the conflicts
between the Federal Government and the Länder, which are an
inherent aspect of federalist structure, are resolved by way of
compromise and that legislation which is binding throughout the
Federal Republic can be passed.
- Finally, it is possible for a law to be referred to the Federal
Constitutional Court for judicial review, although this is not a
common or compulsory step. This review ensures that each of the
previous stages has been carried out in keeping with the law, as
otherwise the item of legislation in question would be declared
invalid. There are thus legal safeguards in place to ensure that
the legislative procedure is conducted in keeping with the rule of
law and in accordance with the Basic Law.
All this makes for a complex procedure, both for those who make
the laws and for those who have to comply with them. Of course,
everyone wishes from time to time that there were fewer laws, that
they were less complicated and that the legislative process were
quicker and more flexible. But the society for which these laws are
made is not simple; it is complex, multifaceted, technically
advanced and pluralist in terms of its goals, values and interests.
Parliament, as the law-making body, has to reflect this. The demand
for legislation - to eliminate unequal treatment, to meet justified
demands, to avert possible dangers and to promote matters of
importance - comes from society itself and not from the Bundestag.
Parliament cannot refuse to adopt laws for which there is a demand
and it cannot speed up the legislative process if a bill happens to
be particularly controversial or concerns a complex subject.
The passage of legislation in Germany is ultimately a condition
and integral element of the rule of law, democracy and freedom.
Anyone who wishes to put the legislative process into practice, to
participate in it or understand how it functions must be prepared
for the substantial effort this involves.