Constitutional basis

Articles 54 to 61 of the Basic Law

The Basic Law, Germany’s constitution, devotes an entire chapter (Section V, Articles 54 to 61) to the Federal President. Besides the tasks and powers outlined in this section, others are described elsewhere in the constitution or in other laws, and still more have simply become established over time.

Function of the Federal President in terms of state theory

As head of state, the Federal President is for protocol purposes the most important man in Germany. He is the constitutional organ which represents the Federal Republic of Germany both at home and abroad. In his actions and public appearances, the Federal President makes the state itself – its existence, its legitimacy, its unity – visible. This at the same time involves an integrative role and the control function of upholding the law and the constitution. There is also a political reserve function for times of crisis in the parliamentary system of government.

Departure from Weimar

Traditionally, the Federal President’s tasks and powers are described in comparison with those of the Reich President under the Weimar constitution. The Reich President had a great number of powers which, in times of crisis in parliament, more or less enabled him to direct state affairs himself. Towards the end of the Weimar Republic, Reich President von Hindenburg made very unfortunate use of these possibilities. Consequently, the Parliamentary Council resolved to strictly limit the Federal President’s right to intervene in politics. As a result, the Federal President can now neither appoint the Chancellor independently nor issue emergency decrees; nor does he have supreme command over the Armed Forces.

After more than sixty years of constitutional tradition with the Basic Law, specific state practices shape the office of Federal President. This office assumes its contours in its interactions with the other constitutional organs (German Bundestag, Bundesrat, Federal Government, Federal Constitutional Court).

Tasks of the Federal President

The traditional functions of the Federal President as head of state include:

• representing the Federal Republic of Germany both at home and abroad (through public appearances at state, social and cultural events, speeches, visits to different Länder and communities in Germany, state visits abroad and as host to foreign dignitaries and state guests);
• representing the Federal Republic of Germany for the purposes of international law (Article 59 (1) sentence 1 of the Basic Law), concluding treaties with foreign states (Article 59 (1) sentence 2 of the Basic Law), accrediting (appointing) German envoys and receiving (receiving the letters of credence of) foreign envoys (Article 59 (1) sentence 3 of the Basic Law).

His other prime tasks include:

• proposing the Federal Chancellor (Article 63 of the Basic Law);
• appointing and dismissing the Federal Chancellor (Articles 63 and 67 of the Basic Law) and Federal Ministers (Article 64 of the Basic Law);
• dissolving the Bundestag (Article 63 (4) sentence 3 and Article 68 of the Basic Law);
• certifying (signing) and promulgating laws (Article 82 of the Basic Law);
• appointing and dismissing federal judges, federal civil servants, and commissioned and non-commissioned officers of the Armed Forces (Article 60 (1) of the Basic Law);
• exercising the power to pardon individual offenders on behalf of the Federation (Article 60 (2) of the Basic Law);
• awarding honours on behalf of the Federation.

How the incumbent can shape the office of President

The Federal President is the only constitutional organ to consist of only one person. As a result, the incumbent’s personality automatically plays a huge part in determining how he exercises the role. It is not least for this reason that state practice and tradition have exerted substantial influence on the Federal President’s constitutional position today.

Even if there is nothing in the Basic Law which actually bans the Federal President from making political statements, the head of state generally does not comment publicly on issues in the news, particularly when there is some controversy among the political parties. This party-political neutrality and distance from day-to-day party politics allow the Federal President to be a source of clarification, to dismantle prejudices, to articulate what is in the minds of the citizens, to influence public debate, to voice criticism, offer suggestions and make proposals. In order to remain above party politics, all Federal Presidents have suspended any party membership during their term of office.

Interaction between constitutional organs

Interdependence of constitutional organs

In a country like the Federal Republic of Germany, the constitutional organs cannot act in isolation. Given the complementary nature of their functions, they must consult and cooperate with each other if they are to exercise them properly. The Federal President has manifold contacts with the other constitutional organs.

Bundestag

There is necessarily interaction with the German Bundestag because under the Basic Law the Federal President has the right or duty

• to propose a person for election as Federal Chancellor (Article 63 (1) of the Basic Law),
• to dissolve the Bundestag if necessary, should a person standing for election as Federal Chancellor fail to obtain a majority of Bundestag members' votes (Article 63 (4) of the Basic Law) or should the incumbent Federal Chancellor fail to obtain a vote of confidence (Article 68 of the Basic Law),
• to demand the convening of the Bundestag (Article 39 (3), third sentence, of the Basic Law),
• at the request of the Federal Government and with the consent of the Bundesrat to declare a state of legislative emergency with respect to a bill (Article 81 (1), first sentence, of the Basic Law).

It is also standard practice for the Federal President to invite members, the Presidium and the committees of the Bundestag for talks. This gives him an opportunity both to obtain first-hand information and to influence political developments. Only in exceptional circumstances does the Federal President attend sessions of the Bundestag.

Bundesrat, "deputizing" for the Federal President

The Federal President has a special relationship with the Bundesrat in that under Article 57 of the Basic Law the President of the Bundesrat assumes the powers of the Federal President, should he be unable to perform his duties (state visit abroad, illness, holiday) or should the office fall prematurely vacant (resignation).

In such circumstances the President of the Bundesrat is acting Federal President and cannot therefore perform his normal duties of office. Particularly in the most frequent of these circumstances – when the Federal President is on a state visit abroad – the President of the Bundesrat does not assume all his duties, since the Federal President is after all absent in an official capacity. In such cases the President of the Bundesrat “deputizes” for the Federal President only in so far as a personal presence in Germany is required or if official documents have to be signed. However, the Federal President will send messages of congratulation or condolence even when abroad.

Federal Government, countersignature

The Federal President is involved in the formation of the Federal Government and thereafter remains in close contact with it. According to Article 58, first sentence, of the Basic Law, orders and directives of the Federal President require for their validity the countersignature of the Federal Chancellor or the competent Federal Minister.

This provision is intended to ensure the coherence of government action. Clearly, therefore, the Federal Chancellor should keep the Federal President informed on issues of government policy and the work of individual Ministers by providing him with relevant documents and written reports on particularly important issues as well as by briefing him in person where necessary.

The Federal President receives the Federal Chancellor regularly for talks on current policy issues. He also holds talks with individual Federal Ministers and senior officials. The Head of the Office of the Federal President or his deputy attend Cabinet meetings and report back to the Federal President. This is another way of ensuring that the Federal President has the information he needs to perform his duties.

Federal Constitutional Court

The Federal President also has many connections with the Federal Constitutional Court. When its judges are appointed, dismissed or retire, they are presented with the relevant official documents by the Federal President. On their investiture they take the oath required under Article 11 of the Federal Constitutional Court Act in the presence of the Federal President.

It is also customary for the Federal President to visit the Federal Constitutional Court in Karlsruhe and to maintain an exchange of views with the members of both senates.

The Federal President is elected by the Federal Convention, which is convened by the President of the German Bundestag. He is responsible for preparation and organization prior, during and after the Convention. The Federal Convention consists of the Members of the Bundestag and an equal number of members elected by the parliaments of the Länder.

Speeches and addresses

The written and spoken word is one of the most effective ways the Federal President has to act politically.
Through his speeches he can focus the attention of the public as well as government, party and community leaders on particular issues and problems in political life and society as a whole, he can generate debate and encourage new ideas.

Election of the Federal President

Electing the Federal President is the sole task of the Federal Convention. The details of the election are governed by the Presidential Election Act, which is based on Article 54 (7) of the Basic Law.

The Federal President must be a German national, be entitled to vote in Bundestag elections and have attained the age of forty. The term of office is five years. Re election for a consecutive term is permitted only once (Article 54 of the Basic Law).

The Federal President may not be a member of the government or of a legislative body of the Federation or of a Land (Article 55 (1) of the Basic Law). Nor may the Federal President hold any other salaried office, or engage in any trade or profession, or belong to the management or supervisory board of any enterprise conducted for profit (Article 55 (2) of the Basic Law).

On assuming office, the Federal President takes an oath before the assembled Members of the Bundestag and the Bundesrat (Article 56 of the Basic Law).

The Bundestag has sole responsibility for the election and the Federal Convention.