The Berlin City Parliament (Abgeordnetenhaus von Berlin) was established in 1950 (initially only for Western Berlin - its jurisdiction was extended to the whole of Berlin in 1990).
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 Parliament elects the Mayor of Berlin (Article 56 of the Constitution of Berlin), controls the Senate (State Government) (Article 57), approves regional agreements among German Länder (Article 50), elects the presidents of the higher regional jurisdictions (Article 82) and elects the members of the Constitutional Court of Berlin (Article 84). For further information, see the Constitution of Berlin, available here (DE).
List of committees/sub-committees or working groups in the regional parliament
The Parliament includes Standing Committees inter alia on:
- Cultural Affairs;
- Economy, Research and Technology;
- Constitutional and Legal Affairs; Consumer Protection, Rules of Procedure;
- Construction, Housing and Traffic;
- Internal Affairs, Security and Order;
- City Development and Environment;
- Constitutional Protection;
- Education, Youth and Family;
- European and Federal Affairs and Media;
- Digital Administration, Data Protection and Freedom of Information;
- Labor, Integration, Professional Formation and Women;
- Health and Social Affairs;
- Science;
- Sports.
For further information, see
here (DE).
Committees in charge of scrutinising subsidiarity
The main committee in charge of subsidiarity monitoring is the Committee for European and Federal Affairs and Media. Other relevant committees may also be involved depending on the subject-matter of the EU draft legislation concerned.
Staff in charge of subsidiarity scrutiny
Two staff members are in charge of subsidiarity scrutiny: the Committee Officer and the Officer of the Committee for European and Federal Affairs and Media. Additional staff members will reinforce the team in the future.
Subsidiarity check
Nature (selective/systematic): Systematic.
Procedure: All EU draft legislation is sent to the parliamentarian directors and representatives of political parties in the Committee for European and Federal Affairs and Media by the State Government. The Office of the Committee informs the members of the Committee of the deadline by which the subsidiarity check has to be conducted. This deadline is aligned with the meeting schedule of the Federal Council (Bundesrat), which is in charge of collecting and transferring the subsidiarity objections issued by state parliaments. In principle, the plenary assembly of the Parliament takes the final decision as to the conformity of EU draft legislation with the principle of subsidiarity. In case of urgency, however, the Committee may take the final decision on behalf of the Parliament..
Cooperation/coordination at the regional level
The Senate (State Government) informs the Parliament without delay of all European affairs and EU draft legislation, to the extent that as they involve the City of Berlin (Article 50 of the Constitution of Berlin). A representative of the chancellery of the Senate participates in all meetings of the Committee for European and Federal Affairs and Media, and presents all EU affairs and draft legislation that may interest the region. The chancellery of the Senate has established an office in Brussels to represent the region at the EU. Its director reports on a regular basis to the Members of the State Parliament. For further information, see the Constitution (see link above) and the rules of procedure of the parliament, available
here (DE).
Cooperation/coordination at the central level
There is no direct link between the Berlin City Parliament and the German Bundestag or the Bundesrat (Federal Council). Yet, there is a direct link between the City Parliament and the City 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 Berlin City Parliament is transferred to the City 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 Berlin City Parliament has two representatives within the Committee of the Regions. The Parliament also has regular contacts and exchanges with the European Commission. Moreover, it participates in CALRE (Conference of European Regional Legislative Assemblies).
