President of Germany
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The President of Germany (German: Bundespräsident) is Germany's head of state. The president is elected by a specially convened body called the Federal Convention (Bundesversammlung) to serve a five year term. In accordance with Germany's parliamentary system of government the presidency is limited by a mixture of law and convention to being a ceremonial position. The office of Federal President, as it currently exists, was first established with the creation of West Germany in 1949, and is the successor to the office of Reichspräsident ("President of the Reich") that existed during the Weimar Republic (1919-1933).
The Federal President is, by tradition, a unifying presence and usually takes great care to steer clear of day to day politics. For that very reason, on rare occasions when the Federal President does take a stand on a contemporary issue, he can expect to generate great attention and, if carefully crafted, his expressed viewpoint can carry great moral weight.
The first official residence of the Federal President is the Bellevue Palace in Berlin. The president's second official residence is the Hammerschmidt Villa, in Bonn. The current office-holder is Horst Köhler, elected in 2004.
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Weimar period
- Main article: Reichspräsident
During the Weimar Republic of 1919-1933 the president had the German title Reichspräsident. This literally means 'President of the Reich' (reich is an ambiguous German word that roughly means 'country' or 'realm'). However in English he was usually simply referred to, like the modern president, as the President of Germany. The Weimar constitution created a semi-presidential system in which power was divided between the president, a cabinet and a parliament. The president enjoyed far great power than the current president and had active political role, rather than a largely ceremonial one. The influence of the president also increased greatly as a result of the instability of the Weimar period.
The president had authority to appoint any Chancellor he wished and could dismiss the entire cabinet at any time. However it was also necessary for the cabinet to enjoy the confidence of the Reichstag (parliament) because it could be removed by a vote of no confidence. All bills had to receive the signature of the president to become law and, although he did not have an absolute veto on legislation, he could insist that a law be submitted for the approval of voters in a referendum. The president also had authority to dissolve the Reichstag, conduct foreign affairs, and command the armed forces. Article 38 of the constitution also provided the president sweeping powers in the event of a crisis. If there was a threat to "public order and security" he could legislate by decree and suspend civil rights.
Unlike the current President of Germany, the Weimar constitution provided that the president was directly elected and served a seven year term. The election involved a form of the two round system. However the first president was elected by the National Assembly and subsequently only two direct presidential elections actually occurred. These were the election of Paul von Hindenburg in 1925 and his re-election in 1932.
The system created by the Weimar constitution led to a number of problems. In particular, the fact that the president could appoint the cabinet, while the Reichstag had only a power of dismissal, created a high cabinet turn-over as ministers were appointed by the president only to be dismissed by the Reichstag shortly afterwards. Eventually Hindenburg stopped trying to appoint cabinets that enjoyed the confidence of the Reichstag and ruled by means of three "presidential cabinets" (Präsidialkabinetten). Hindenburg was also able to use his power of dissolution to by-pass the Reichstag. If the Reichstag threatened to censure his ministers or revoke one of his decrees he could simply dissolve the body and be left able to govern without its interference until elections had been held.
The Weimar presidency effectively came to an end in 1934 when Hindenburg died and Hitler became sole ruler of Germany. However the title of Reichspräsident was briefly revived in the dying days of the Nazi regime when Karl Dönitz became Reichspräsident in 1945.
List of Presidents (Reichspräsident)
| No. | Name | Took office | Left office | Party |
|---|---|---|---|---|
| 1. | Friedrich Ebert | 11th February 1919 | 28th February, 1925 | SPD |
| 2. | Paul von Hindenburg | 12th May, 1925 | 2nd August 1934 | (None) |
| 3. | Karl Dönitz | 1st May, 1945 | 23rd May, 1945 | (None) |
Selection
Federal Convention
- Main article: German Federal Convention
The modern Federal President is elected by secret ballot, without debate, by the Federal Convention, a body established solely for that purpose. The convention consists of all Bundestag members as well as an equal number of delegates chosen by the legislatures of the Länder (states). The delegates of each Land to the Federal Convention are elected by the members of the legislature of that jurisdiction under a form of proportional representation. However it is not required that Land delegates themselves be members of a legislature; often esteemed local citizens are chosen.
In total, the Federal Convention numbers more than one thousand people. The German constitution, the Basic Law, requires that it be convened no later than thirty days before the expiration of the term of office of the president. In practice it is convened every five years (in all years with year numbers ending in "4" or "9") on 23 May, the date of the foundation of the Federal Republic in 1949. The body is convened and chaired by the President of the German Bundestag.
The Federal Convention attempts to elect a president by an absolute majority of votes cast. If, after two votes, no single candidate has received this level of support, in the third and final vote the candidate endorsed by a plurality of votes cast is deemed elected. The process of electing the Federal President is usually determined by party politics, the office being in the gift of whichever party, or group of allied parties, can muster a majority in the convention. The authors of the Basic Law chose an indirect form of presidential election because they believed it would produce a head of state who was widely acceptable and yet at the same time insulated from public pressure and lacking in sufficient popular legitimacy to undermine other institutions of government.
Qualifications
The office of Federal President is open to all Germans who are entitled to vote in Bundestag elections and have reached the age of forty, but no one may serve more than two five year terms. The president receives an annual payment of approximately €213,000 that continues when he or she leaves office.
The president may not be a member of the government or of a legislature at either the federal or Land level. On taking office the president must take the following oath, stipulated by Article 56 of the Basic Law, before the assembled members of the Bundestag and Bundesrat (however he or she is permitted to omit the religious references if so desired):
- I swear that I will dedicate my efforts to the well-being of the German people, enhance their benefits, avert harm from them, uphold and defend the Constitution and the statutes of the Federation, fulfil my duties conscientiously, and do justice to all. So help me God.
Duties and functions
Image:Berlin-Schloss Bellevue-Frontalansicht.jpg The degree of power actually conferred upon the Federal President by the Basic Law is ambiguous. However, in practice, holders of the office treat it as a ceremonial, non-political one, and act in accordance with the advice and directives of the Federal Government. Unlike many constitutions the Basic Law does not designate the head of state as the commander-in-chief of the military (ceremonially or otherwise). This role is vested in the Minister of Defence by Article 65a. The Federal President carries out the following duties:
- Appointment of the Federal Government: The Federal President proposes an individual as Federal Chancellor and then, provided they are subsequently elected by the Bundestag, appoints him or her to the office. However the Bundestag is free to disregard the president's proposal and elect another individual to the post, who the president is then obliged to appoint. The president appoints and dismisses the remaining members of the Federal Government "upon the proposal of the Chancellor". The President can dismiss the chancellor but only in the event that the Bundestag passes a Constructive Vote of No Confidence. If this occurs the president must dismiss the chancellor and appoint the successor requested by the Bundestag.
- Other appointments: The president appoints federal judges, federal civil servants and military officers. All such appointments require the counter-signature of either the chancellor or the relevant cabinet minister.
- Dissolution of the Bundestag: In the event that the Bundestag elects an individual for the office of chancellor by a plurality of votes, rather than a majority, the Federal President can, at his discretion, either appoint that individual as chancellor or dissolve the Bundestag. In the event that a vote of confidence is defeated in the Bundestag the Federal President may dissolve the body within 21 days, but only on a proposal from the incumbent chancellor. So far, this power has only been applied three times in the history of the Federal Republic. In all three occurrences it is doubtful whether the motives for that dissolution were in accordance with the constitution's intentions. Each time the incumbent chancellor called for the vote of confidence with the stated intention of being defeated, in order to be able to call for new elections before the end of their regular term. The most recent occurrence was on 1 July 2005, when Chancellor Gerhard Schröder asked for a vote of confidence, which was defeated.
- Promulgation of the law: All federal laws must, after counter-signature, be signed by the president before they can come into effect. Ordinances must be signed by the agency which issues them, and then by the president.
- Foreign relations: The Federal President takes part in foreign visits and receives foreign dignitaries. He or she also concludes treaties with foreign nations, accredits German diplomats and receives the letters of accreditation of foreign diplomats.
- Pardons and honours: The president grants pardons if the person concerned had been convicted under federal jurisdiction (which is rare) and confers decorations and honours.
- State of emergency: In the event of a national crisis, the emergency law reforms of 1968 designate the president as a mediator. If the Bundestag rejects a motion of confidence, but neither the chancellor is dismissed nor the Bundestag is dissolved, the president may, by request of the cabinet, declare a "legislative state of emergency", which is quite different from a conventional state of emergency: If it is declared, during a limited period of time, bills proposed by the cabinet and designated as "urgent", but rejected by the Bundestag, become (with the consent of the Bundesrat) law nonetheless. But it does not suspend basic human rights nor does it grant the executive branch any exceptional power.
Impartiality and influence
Though usually chosen as the candidate of a political party or parties, the president nonetheless is expected to be non-partisan after assuming office. Every president to date has let his or her party membership rest dormant during his or her term of office. Although the formal powers of the president are limited, the president's role can be quite significant depending on his or her own activities. The very fact that the president usually doesn't interfere with day-to-day politics means that if he or she does choose to speak out on an issue, the event is perceived as one to take note of. There have been a number of occasions when certain presidential speeches have dominated German political debate for a year or more.
The role of Federal President is similar in some ways to that of a constitutional monarch found in other European states, with the important difference being that the Federal President is elected, and selected based on his distinguished reputation. Other apt comparisons would be to a court philosopher, or even a national conscience. The Federal President is called on to develop, interpret and communicate a long-term view of trends affecting Germany and its role in the world. Formulating such vision calls for reflection about Germany's past. Recent Federal Presidents have been instrumental in getting Germans to constructively confront their history during the Nazi period, for instance.
Reserve powers
There is disagreement about whether Federal Presidents have, in fact, greater constitutional powers than they customarily choose to exercise. Some argue that the Basic Law does not require that the president must follow government directives in all circumstances. It is suggested, for instance, that the president could refuse to sign legislation, thus vetoing it, or refuse to approve a cabinet appointment. Because no Federal President has ever attempted to take either of these actions the constitutionality of these points has never been tested.
In the few cases in which a bill was not signed all presidents claimed that the bill in question was manifestly unconstitutional. Also, in some cases, a president has signed a law whilst asking that the political parties refer the case to the Federal Constitutional Court in order to test the law's constitutionality. The most recent case of such an occurrence was the controversial 'passing' of an immigration law in the Bundesrat in 2003. This law was ultimately declared invalid by the court for reasons of procedure.
Succession
The Basic Law did not create an office of vice president. If the president is outside of the country, or the position is vacant, the President of the Bundesrat (this position is rotated among the state premiers on a yearly basis) fills in as temporary, acting Federal President. While doing so he or she does not continue to exercise the role of chair of the Bundesrat. If the president dies, or is removed from office, a successor is elected within thirty days. However since the establishment of the office this has never occurred.
While the president is abroad on a state visit the President of the Bundesrat does not assume all of his responsibilities but may "deputise" for the Federal President, performing on the president's behalf merely those tasks that require his or her physical presence, such as the signing of documents.
As with many other provisions of the Basic Law, the mechanism for presidential succession was introduced in response to a perceived weakness in the Weimar constitution, under which the chancellor would act as head of state in the president's absence. This made it easier for Adolf Hitler to combine the two offices of president and chancellor and make himself dictator.
List of Presidents (Bundespräsident)
- See also: List of German presidents since 1919
| No. | Name | Took office | Left office | Party¹ |
|---|---|---|---|---|
| 1. | Theodor Heuss | 13 September, 1949 | 12 September, 1959 | FDP |
| 2. | Heinrich Lübke | 13 September,1959 | 30 June,1969 | CDU |
| 3. | Gustav Heinemann | 1 July,1969 | 30 June, 1974 | SPD |
| 4. | Walter Scheel | 1 July,1974 | 30 June, 1979 | FDP |
| 5. | Karl Carstens | 1 July, 1979 | 30 June, 1984 | CDU |
| 6. | Richard von Weizsäcker | 1 July, 1984 | 30 June, 1994 | CDU |
| 7. | Roman Herzog | 1 July, 1994 | 30 June, 1999 | CDU |
| 8. | Johannes Rau | 1 July, 1999 | 30 June, 2004 | SPD |
| 9. | Horst Köhler | 1 July, 2004 | (Incumbent) | CDU |
¹ Note that even though the President usually has been member of a party prior to his term of office, he is not allowed to be member of a party during his term of office.
Impeachment and removal
While in office the Federal President enjoys immunity from prosecution and cannot be voted out of office or recalled. The only mechanism for removing the president is impeachment by the Bundestag for willfully violating German law. Once the Bundestag impeaches the president the Federal Constitutional Court is charged with determining if he or she is guilty of the offence. If the charge is sustained the court has authority to remove the president from office. To date no Federal President has ever been impeached.
History
Image:Villa Hammerschmidt 1 ph.jpg
As noted above, the office of Federal President was preceded by the office of Reichspräsident ("Reich President") that existed during the 1919-1933 Weimar Republic and was briefly revived in 1945. After the death of Hindenburg, Adolf Hitler, who had previously been appointed Chancellor by Hindenburg in 1933, solidified his hold on power by merging the offices of Chancellor and Federal President to form a new office of Führer und Reichskanzler ("Leader and Chancellor"), as part of the process of Gleichschaltung. After Hitler committed suicide on 30 April, 1945, days before World War II formally ended in Germany, the title of Reichspräsident was revived and held by Karl Dönitz, until the end of World War II in Europe.
During the first four years of Allied occupation of Germany there was no active German president or head of state (de jure, Dönitz however may be considered the President). When the Federal Republic of Germany (West Germany) was created from the western occupied territory in 1949 Theodor Heuss was chosen as the first holder of a new position called the Bundespräsident or "Federal President". With this event the presidency once again assumed the largely figurehead status that had existed during the Weimar Republic until about 1929. However the presidency now had clarified and in some cases more limited constitutional powers. Most Federal Presidents have been people perceived to be of moral authority. For example most have been active Christians.
When the territory of the East Germany was reunited with West Germany in 1990, the whole country began to operate under what had previously been the West German constitution of 1949, and since then the Federal President has been the president of all of Germany. In 1994, as part of the movement of Germany's seat of government from Bonn to Berlin, the president's official residence was moved from the Hammerschmidt Villa, in Bonn, to its current location at the Bellevue Palace in Berlin.
See also
External links
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