The Thuringia State Parliament (Thüringer Landtag) was established on 25 October 1990.
Number of Members of Parliament
88.
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. Each voter has two separate votes that can be cast independently. The first vote is cast for a candidate in one of the 44 constituencies while the second vote is cast for a list of a political party. 44 Members of Parliament are elected by direct vote in the constituencies (i.e., on a first-past-the-post basis) and the remaining 44 Members of Parliament are elected via the lists of candidates set up by the parties (proportional representation). Moreover, as in other German state elections, a 5% electoral threshold applies. For further information, see
here (DE) and here (EN).
Population included in the constituency of the regional parliament
2.213.000 inhabitants (as of July 2012 - here (EN)).
- Competences (legislative and non-legislative), legal bases and policy areas where the regional parliament is active
- List of committees/sub-committees or working groups in the regional parliament
- Committees in charge of scrutinising subsidiarity
- Staff in charge of subsidiarity scrutiny
- Subsidiarity check
- Cooperation/coordination at the regional level
- Cooperation/coordination at the central level
- Cooperation/coordination at the cross-regional level
- 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.
- he 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 at
here (DE) and in English at here (the English version does not reflect the amendments of Article 93 adopted on 11 July 2012).
Non-legislative: Pursuant to Article 48 of the Constitution of the Free State of Thuringia, the Parliament is responsible inter alia for electing the Minister President and for controlling the State Government. For further information, see
here (DE) and here (EN).
List of committees/sub-committees or working groups in the regional parliament
The Parliament includes Standing Committees inter alia on:
- Economy, Technology and Labour;
- Budget and Finance;
- Internal Affairs;
- Education, Science and Culture;
- Housing, State Development and Traffic;
- Agriculture, Forestry, Environment and Protection of Nature;
- Social Affairs, Family and Health;
- Justice and Constitutional Affairs;
- European Affairs.
For further information, see
here (DE)
Committees in charge of scrutinising subsidiarity
The Committee for European Affairs.
Staff in charge of subsidiarity scrutiny
Two legal advisors.
Subsidiarity check
Nature (selective/systematic): Systematic
Procedure: Pursuant to Article 54(b) of the rules of procedure of the State Parliament, the subsidiarity check is performed by the Committee for European Affairs - and exceptionally by the plenary assembly. The Committee for European Affairs may consult other Committees that are competent in the area of the EU draft legislation. The Committee for European Affairs takes its final decision, which is communicated to the State Government by the President of the Parliament. For further information, see the rules of procedure of the Parliament, available
here (DE).
Cooperation/coordination at the regional level
There is an agreement between the State Government and the State Parliament on the information by the State government and the participation of the Parliament in European affairs (available here, pages 28-39 (DE)). The State Government shall transfer all EU draft legislation to the Parliament. Moreover, it shall conduct a preliminary analysis with regard to subsidiarity and inform the Parliament of its conclusions. Once the Parliament has taken its decision, the Government shall consider the position of the Parliament in its voting in the Federal Council (Bundesrat). See also the Constitution of the Free State of Thuringia, Article 67, para. 4 (see link above).
Cooperation/coordination at the central level
There is no direct link between the Thuringia 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 Thuringia 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).
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 cooperates with both Austrian regional parliaments and the German-speaking Community of Belgium on an informal basis. Moreover, it has contacts with the European Commission and with Members of the European Parliament. Furthermore, the Parliament participates in CALRE (Conference of European Regional Legislative Assemblies).