Under Article 59 (1) of the Basic Law, the Federal President represents the Federal Republic of Germany in matters of international law, concludes treaties with foreign states on its behalf, accredits German diplomats posted abroad and receives all foreign ambassadors to Germany.
Many challenges of the 21st century can only be mastered through international cooperation. The Federal President uses his contacts abroad and with international institutions to support the efforts to resolve global problems. These include the preservation of peace, the fight against terrorism, protection of the environment and the climate, financial and monetary issues, energy supply and international trade.
The Federal President’s activities in the foreign policy realm often give rise to projects and initiatives for which he assumes the patronage. Examples of this are German-Israeli youth exchange programmes and the Deutsche Welthungerhilfe.
The dialogue among cultures and religions is close to the Federal President’s heart. Particularly in the age of global communications, the exchange among cultures as well as different religious and ideological groups is especially vital for removing reservations and fostering mutual understanding.
The Federal President cultivates very close relations with European neighbours, as well as the unique relationship with Israel. He wants Europe to promote its values and convictions with one voice and boost global cooperation. To this end, he focuses on the common ground among countries at different stages of development and regards development policy as a long-term commitment.
Representing Germany in matters of international law
The first sentence of Article 59 (1) of the Basic Law grants the Federal President the authority to represent the Federal Republic of Germany in matters of international law. The Federal President thus has sole responsibility to act on behalf of the Federal Republic of Germany in the sphere of international law. A distinction has to be made here from the conduct of foreign policy, which is largely the task of the Federal Government. That the Federal President acts for the Federal Republic in matters of international law is in keeping with the German constitutional tradition and international state practice, under which, in most cases, heads of state have the authority to represent their state in this realm.
Representing Germany in matters of international law means acting on behalf of state organs or the state as a whole. Under the first sentence of Article 59 (1) of the Basic Law, therefore, the Federal President officially represents Germany in the international sphere. Although other constitutional organs can be active in the foreign policy field, their actions must either be authorized by the Federal President or relate to tasks formally anchored in the Basic Law.
Alongside the examples referred to in the second and third sentences of Article 59 (1) of the Basic Law, these include unilateral actions of relevance to international law – for instance, the termination of agreements, protests or renunciations, as well as speeches abroad, messages, receiving state guests and state visits to other countries.
The official recognition of foreign states is also granted by the Federal President. However, the political decision on recognition is made by the Federal Government.
International treaties
Pursuant to Article 59 (1), second sentence, of the Basic Law, the Federal President concludes treaties with foreign states on behalf of Germany.However, he usually grants the requisite full powers to the Minister for Foreign Affairs, a State Secretary or a German Ambassador so that they may act on his behalf.
Treaties by which the Federal Republic of Germany enters into a binding agreement with another state must be ratified by the head of state. Ratification denotes the formal declaration of approval by the head of state that makes a treaty binding on the Federal Republic of Germany. This is given in an ""instrument of ratification"" issued by the Federal President.
The Federal President is also responsible for declaring Germany’s recognition of foreign states. However, the political decision on whether to recognize a state or not is made by the Federal Government.
Treaties between states are concluded in the name of the President of the Federal Republic of Germany. In certain cases the Federal Government or federal ministries may conclude agreements that are binding under international law – intergovernmental or interministerial agreements, for example – but they do so on the basis of powers delegated by the Federal President. Where the Federal President does not act himself, the Federal Minister for Foreign Affairs is responsible for supervising and coordinating the conclusion of such agreements.
State visits
State visits by the Federal President abroad and incoming state visits by foreign Heads of State to Germany express the quality of bilateral relations and provide an opportunity to enhance cooperation. As a rule, such visits take place on an alternating schedule and at intervals of several years. Despite the permanent international presence of the Federal Republic of Germany through its embassies abroad and the numerous bilateral and multilateral conferences which the German Government takes part in, personal encounters between Heads of State continue to hold a special significance.
When he makes a state visit the Federal President is accompanied by representatives of the political and business spheres as well as prominent academic and cultural figures. A press delegation reports back to Germany.
The entire spectrum of the two countries’ relations features on the agenda of talks between Heads of State. The conversation might address coordinating policy, explaining German interests, or clearing up any issues clouding the bilateral relationship. Depending on the country in question, the visit might focus on political or economic topics or human rights.
Along with state visits the Federal President also makes official visits and working visits abroad, which entail less elaborate protocol arrangements.
Appointment of German Ambassadors
A German Ambassador is the personal representative of the Federal President to the head of state of the receiving country. There are several steps to be taken before an Ambassador can take up his or her duties:
- The initial decision on an ambassadorial appointment is taken by the Federal Cabinet following a recommendation by the Federal Foreign Office.
- The Federal Foreign Office asks the country in question whether it is willing to accept the proposed appointment, i.e. whether it will grant the "agrément".
- Once the agrément has been issued, the Federal President appoints the person Ambassador and signs a Letter of Credence to that effect.
- The Ambassador presents his or her Letter of Credence to the head of state of the receiving country. This act, known as accreditation, allows the new Ambassador to begin work in the receiving country.
Accreditation of foreign ambassadors
When a country wishes to appoint a person ambassador to the Federal Republic of Germany, the same procedure applies as when Germany appoints an ambassador abroad. To establish whether the Federal Republic approves the appointment, the country requests the Federal President’s agrément.
For the act of accreditation in Germany, the ambassador-designate is greeted in front of the Federal President’s official residence with military honours. He or she then signs the visitors book in the gallery and proceeds, accompanied by several high-ranking members of the embassy, to the Langhanssaal at Schloss Bellevue, where he or she presents his or her Letter of Credence to the Federal President and the outgoing ambassador’s Letter of Recall.
The new ambassador and the Federal President then withdraw for a first talk, which not only gives them the opportunity to get to know one another but often also to convey political messages. Leave is taken of the ambassador again with military honours, this time including the hoisting of his or her country’s national flag to show that the ambassador is now legally entitled to perform his or her duties. The ambassador is driven to and from the Federal President’s official residence in a presidential limousine with an escort of honour of 5 police motor-cycles.