REGPEX Profile
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Germany - Bavaria


The Bavarian State Parliament (Bayerischer Landtag) finds its origin in the 14th century. The first democratically elected parliament was convened in 1919. For further information, see here (DE).

Number of Members of Parliament
187.

Length of the parliamentary mandate
Five years.

Mode of selection of the Members of Parliament
The representatives of the Bayerischer Landtag are elected in a general, equal, direct and secret ballot, in accordance with an improved proportional representation by citizens who are eligible to vote, in constituencies and wards (see here (EN)). Approximately half of the Members are elected in wards (Stimmkreise - each political party determines one candidate per ward). The other half are elected from lists established by the political parties in the constituencies (Wahlkreise). Moreover, as in other German state elections, a 5% electoral threshold applies. For further information, see here (DE).

Population included in the constituency of the regional parliament
12.638.000 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 Berlin City 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:The State Parliament is responsible for the election of the Minister President, the political control of the State Government and the administration, and the election of members of the Bavarian Constitutional Court. For further information, see the Bavarian Constitution, available in English here (EN).


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

  • Budget and Finance;
  • Constitutional, Legal and Parliamentary Affairs and Consumer Protection;
  • Local Affairs and Internal Security;
  • Economy, Infrastructure, Traffic and Technology;
  • Food, Agriculture and Forestry;
  • Social Affairs, Family and Labour;
  • High School, Research and Culture;
  • Education, Youth and Sport;
  • Public Administration;
  • Petitions and Complaints;
  • Federal and European Affairs;
  • Environment and Health.

For further information, see here (DE).

Committees in charge of scrutinising subsidiarity   
The Committee for Federal and European Affairs.

Staff in charge of subsidiarity scrutiny  
Within the Liaison Office in Brussels, one staff member is in charge of sending to the State Government all information on EU draft legislation and specifically on subsidiarity issues. Moreover, the Head of the Office of the Committee on Federal and European Affairs examines whether other, particularly German or Austrian, state parliaments have started a subsidiarity check. There is, however, no subsidiarity check performed by the administration of the Bavarian State Parliament itself.

Subsidiarity check  
Nature (selective/systematic): Systematic.
Procedure:All EU draft legislation that is discussed within the Federal Council (Bundesrat) is immediately transferred by the State Government to the State Parliament. Within two weeks after receipt of the EU draft legislation, the State Government sends the State Parliament a summary of the proposal and a first assessment as to its conformity with the subsidiarity principle. It also informs the State Parliament of the probable date on which the proposal will be discussed in a plenary assembly of the Bundesrat. If the State Government considers that there is no breach of the subsidiarity principle, it is not obliged to justify its decision.
On this basis, the political groups of the State Parliament may decide to launch a motion for deliberation, which obliges the State Government to raise the subsidiarity concern within the Bundesrat. Such motion is first discussed within the parliament by the Committee on Federal and European Affairs. In principle, EU draft legislation is added to the agenda of the next possible session of the Committee. During this session, the Members of the State Parliament may ask questions to the staff members of the competent ministries (even when there is no subsidiarity breach according to the State Government's first assessment).
The final decision to launch a motion denouncing a subsidiarity breach lies with the plenary assembly of the Parliament. Nonetheless, if urgency so requires, the Committee on Federal and European Affairs may take the decision on behalf of the State Parliament so as to ensure that the issue may be discussed within the next plenary assembly of the Bundesrat. For further information, see the Act on the participation of the State Parliament with the State Government (Parlamentsbeteiligungsgesetz, available here (DE) as well as the agreement on the participation of the Parliament with the State Government (Vereinbarung zum Parlamentsbeteiligungsgesetz, available here (DE)).
Cooperation/coordination at the regional level 
 

See the answer to the previous question.
Cooperation/coordination at the central level 
There is no direct link between the Bavarian 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 Federal Council submits the European draft legislation to the State Governments, which transfer it to their respective State Parliament.
The position of the Bavarian State Parliament is transferred to the State Government, which considers it in its voting in the Federal Council.


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  
In addition to the abovementioned collaboration with other state parliaments in Germany and Austria, the Bavarian State Parliament has regular contacts with the representatives of the National Assembly for Wales in Brussels. Moreover, it has contacts with the Committee of the Regions and takes part in exchanges within the Committee's Interregional Group of Regions with legislative powers. Furthermore, the State Parliament participates in CALRE (Conference of European Regional Legislative Assemblies).

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.