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.

Non-legislative: Pursuant to Article 7 of the Constitution of Lower Saxony, the Parliament is responsible for electing the Prime Minister of the State Government and for controlling the State Government. For further information, see the Constitution of Lower Saxony, available here (DE).

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

• Legal and Constitutional Affairs;
• Internal Affairs and Sports;
• Budget;
• Education;
• Science And Culture;
• Economic Affairs, Employment and Traffic;
• Food, Agriculture, Consumer Protection and Development Protection;
• Social Affairs, Women, Families, Health and Integration;
• Environment and Climate;
• Federal and European Affairs and Media.

For further information, see here (DE).

Committees in charge of scrutinising subsidiarity   
The Committee on Federal and European Affairs and Media is in charge of scrutinising subsidiarity. It is composed of 17 Members of the State Parliament, depending on the number of members of the parliamentary political group.

Staff in charge of subsidiarity scrutiny  
One legal advisor..

Subsidiarity check  
Nature (selective/systematic): Systematic.
Procedure: the Federal Council (Bundesrat) submits the European draft legislation both to the state governments and parliaments. Pursuant to an agreement between the Lower Saxony State Parliament and the State Government, the latter is due to check compliance with the subsidiarity principle in respect of all EU draft legislation and to inform the Parliament as soon as possible. Within the Parliament, the Committee on Federal and European Affairs and Media is responsible for analysing the European legislative proposals within the framework of the EWS.

• 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).