REGPEX Profile
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Germany - Baden-Württemberg


The Baden-Württemberg State Parliament (Landtag von Baden-Württemberg) was established in 1952.

Number of Members of Parliament
138.

Length of the parliamentary mandate
Five years.

Mode of selection of the Members of Parliament
The electoral system combines the principles of proportional representation with a first-past-the-post system of votes for individual candidates: it constitutes a 'mixed member proportional representation' system. Voters have one vote to be cast for a candidate in their constituency. This vote counts twice: first, in determining the number of seats a political party gains in the parliament and second, in identifying the candidates who have won the parliamentary seat. Moreover, as in other German state elections, a 5% electoral threshold applies. For further information, see here (EN).

Population included in the constituency of the regional parliament
10.817.000 inhabitants (as of July 2012 - here (EN)).

  1. Competences (legislative and non-legislative), legal bases and policy areas where the regional parliament is active
  2. List of committees/sub-committees or working groups in the regional parliament 
  3. Committees in charge of scrutinising subsidiarity
  4. Staff in charge of subsidiarity scrutiny  
  5. Subsidiarity check
  6. Cooperation/coordination at the regional level  
  7. Cooperation/coordination at the central level  
  8. Cooperation/coordination at the cross-regional level 
  9. Cooperation/coordination at the EU level 


Competences (legislative and non-legislative), legal bases and policy areas where the regional parliament is active  

Legislative: The legislative competences of the Federation and the Regions (Länder) are regulated in detail by the Basic Law (Grundgesetz). Articles 70-74 govern the distribution of legislative powers between the Länder and the Federation.

  • In the fields subject to the exclusive legislative power of the Federation (Article 73 Basic Law), the Länder shall have power to legislate only when and to the extent that they are expressly authorised to do so by a federal law. The Federation holds exclusive legislative competence inter alia in the following fields: all foreign policy issues, defense, civil protection, citizenship, currency and monetary system, customs duties and foreign trade, and cooperation between the Federation and the Länder concerning criminal police work.
  • In fields subject to concurrent legislative powers (Articles 72 and 74 Basic Law), the Länder shall have power to legislate so long as and to the extent that the Federation has not exercised its legislative power by enacting a law (Article 72 (1) Basic Law). Yet, a difference has to be made between areas concerned by the necessity clause (Erforderlichkeitsklausel) or not. Indeed, Article 72 (2) Basic Law states that '[t]he Federation shall have the right to legislate on matters falling within clauses 4, 7, 11, 13, 15, 19a, 20, 22, 25 and 26 of paragraph (1) of Article 74, if and to the extent that the establishment of equivalent living conditions throughout the federal territory or the maintenance of legal or economic unity renders federal regulation necessary in the national interest.' These matters requiring necessity include inter alia the public welfare, the promotion of research and the transfer of land. Those that are not concerned by this necessity clause include inter alia civil law, criminal law, registration of birth, death and marriages, law of association, land distribution and labour law. Finally, Article 72 (3) Basic Law indicates that Länder may enact laws at variance with federal legislation for matters listed in this provision. Hunting, protection of nature and management of water resources are all among these fields.
  • The Länder shall have the right to legislate insofar as the Basic Law does not confer legislative powers on the Federation (Article 70 Basic Law). Therefore the State Parliament holds the sole right of legislation in the areas not addressed in Articles 70-74 of the Basic Law. These matters include inter alia culture, schools and education, local authorities, police, right of assembly, public service law, nursing home law, hotel and catering law, press, broadcasting and new media.
  • Furthermore, the State Parliament is responsible for adopting the regional budget.
For further information, see the German Basic Law, available here (DE) and in English here (the English version does not reflect the amendments of Article 93 adopted on 11 July 2012).

Non-legislative: Non-legislative competences include: controlling the State Government, electing the Minister President of the State Government among its members and electing the President and the members of the State Court of Justice. Moreover, the appointments of the President of the State Court of Audit and of the State Commissioner for Data Protection also require the approval of the Parliament. For further information, see here (EN) and here (EN).


List of committees/sub-committees or working groups in the regional parliament
The Parliament includes several Standing Committees inter alia on:

  • the Finance and Economics Affairs Committee;
  • the Schools, Youth and Sport Committee;
  • the Science, Research and Arts Committee;
  • the Internal Affairs Committee;
  • the Environment, Climate and Energy Policy Committee;
  • the Employment, Social Affairs, Families, Women and Senior Citizens Committee;
  • the Rural Development and Consumer Protection Committee;
  • the Transport and Infrastructure Committee;
  • the Integration Committee;
  • the European and International Committee.

For further information, see here (EN).

Committees in charge of scrutinising subsidiarity   
The European and International Committee.

Staff in charge of subsidiarity scrutiny  
Within the State Parliament in Stuttgart, EU affairs are generally followed up by the Head of the 'Legal and European Affairs' Unit. An additional Officer will soon start working for the European and International Committee, especially on subsidiarity issues.
In addition, within the Representation of Baden-Württemberg to the European Union in Brussels, a desk officer keeps track of the pre-legislative and legislative work of the European Commission and provides information to the members of the European and International Committee, also concerning subsidiarity aspects.

Subsidiarity check  
Nature (selective/systematic): Selective.
Procedure: The Parliament receives briefings from the State Government on important EU-matters (pre-legislative and legislative matters) pursuant to an agreement of 1995 and an understanding on subsidiarity and proportionality of 2007. On 7 February 2011, the State Constitution was revised and on 1 March 2011, a new Act entered into force in order to adapt the Parliament's involvement in European affairs to the Treaty of Lisbon. The Parliament only gets briefings from its government in EU-matters which are (1) of crucial political importance for the region and (2) which concern the region's legislative competences or its vital interests. Only these EU-proposals are treated in the competent Committee. The briefings in early-warning matters have to be provided within a deadline of three weeks. The deadline begins to run at the moment when the State Government itself receives the EU-documents from the Federal Council (Bundesrat). The Parliament adopts its decision and transfers it to the State Government. The latter will take it into consideration when voting in the Federal Council. Moreover, Article 34a of the State Constitution stipulates that the Parliament can issue a decision that is binding for the Government, including in its voting in the BR, if the transfer of Länder competences to the EU is concerned or if the EU proposal affects areas where the Länder have exclusive legislative competences. However, the Government can still deviate from the Parliament's decision, if this is 'in the interest of the region'.
Cooperation/coordination at the regional level 
 

See the answer to the previous point.
Cooperation/coordination at the central level 
There is no direct link between the Baden-Württemberg State Parliament and the German Bundestag or the Bundesrat (Federal Council). Yet, there is a direct link between the State Parliament and the State Government, which is part of the Federal Council.
In Germany, the 16 State Governments participate through the Federal Council in the legislation and administration of the Federation. The FedThe position of the Baden-Württemberg is transferred to the State Government, which considers it in its voting in the Federal Council. In specific cases, it may be bound in its voting by the position of the State Parliament (see supra).


Cooperation/coordination at the cross-regional level 
A collaboration mechanism has been established among the 16 state parliaments of Germany. It consists of:
  • a network between the Chairmen of the Committees on European Affairs of all 16 state parliaments in Germany and
  • a network between the legal officers of all 16 state parliaments in Germany and representatives of the administration of the nine Austrian regional parliaments (to exchange information and experiences, notably on subsidiarity issues).
Furthermore, regular meetings take place between the representatives of the Brussels offices of the state parliaments of Bavaria, Baden-Württemberg, North Rhine-Westphalia and Hesse. Moreover, 'best practices' on subsidiarity scrutiny are discussed once a year at the Conference of Presidents of German state parliaments.


Cooperation/coordination at the EU level  
The Parliament participates in CALRE (Conference of European Regional Legislative Assemblies). Moreover, it has entered into a 'political dialog' with the European Commission and the Members of the State Parliament have contacts with EU Institutions on a political level.

Important legal notice
The data and information contained in the profiles has been collected by an external contractor (University of Leuven - Leuven Centre for Global Governance Studies Center and University of Edinburgh - Edinburgh Research and Innovation ) and does not represent the official views of the Committee of the Regions (CoR). Furthermore, the CoR does not guarantee its accuracy and may not be held responsible for any errors which, despite careful preparation and checking, may appear, nor for the use that may be made of this data and information. Should you require further information or wish to notify us of any modification in relation to the data or information contained in the profiles, please contact the Subsidiarity Team within Unit E2 (subsidiarity@cor.europa.eu). The policy on data protection (as laid down in Regulation (EC) N° 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data), applies to the personal data included in the profiles. Should you require further information or wish to exercise your rights under Regulation (EC) 45/2001 (e.g. access to or rectification of data), please contact the data controller (Head of Unit E2). If required, you can also contact the CoR Data Protection Officer. You have the right to recourse to the European Data Protection Supervisor at any time.