REGPEX Profile
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Germany - Brandenburg


The Brandenburg State Parliament (Landtag Brandenburg) was established in 1990 (before there was a state parliament in Brandenburg between 1946 and 1952, but this institution was abolished in 1952 as a result of the region's dissolution.)

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 are elected by direct vote in the constituencies (i.e., on a first-past-the-post basis) and the remaining 44 Members 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).

Population included in the constituency of the regional parliament
2.474.900 inhabitants (as of September 2015 - 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:The Parliament inter alia controls the State Government and elects the Minister President of the State Government (Article 83 of the State Constitution), a member of the State Court of Audit (Article 107, para. 2), and a member of the Constitutional Court of Brandenburg (Article 112, para. 4). For further information, see the Constitution of the Region Brandenburg, available here (DE).


List of committees/sub-committees or working groups in the regional parliament
The Standing Committees include inter alia:

  • Principal Committee:
  • Committee on Internal and Municipal Affairs;
  • Committee for Legal Affairs;
  • Committee for Education, Youth and Sport;
  • Committee for Science, Research and Culture;
  • Committee for Labour, Social Affairs, Health;
  • Committee for Family;
  • Committee for Economy and Energy;
  • Committee for Rural Development, Environment and Agriculture;
  • Committee for Budget and Finances;
  • Committee for Budgetary Control
  • Committee for European Affairs, Development Policy and Consumer Protection.

For further information, see here (DE).

Committees in charge of scrutinising subsidiarity   
The main committee in charge of subsidiarity monitoring is the Committee on European Affairs, Development Policy and Consumer Protection. Other relevant committees may also be involved depending on the subject-matter of the EU draft legislation concerned.

Staff in charge of subsidiarity scrutiny  
Head of Liaison Office Brussels is in charge of subsidiarity scrutiny and reports at regular intervals about EU draft legislation.

Subsidiarity check  
Nature (selective/systematic): Selective.
Procedure: Pursuant to Article 94 of the State Constitution, the State Government shall transfer all EU draft legislation to the parliament. Although a specific procedure is organised by Article 94, para. 5 of the rules of procedure of the Parliament, the latter does not currently carry out any subsidiarity check of EU draft legislation. The rules of procedure state that the Committee for European Affairs and Development Policy is responsible for the subsidiarity check. A member of the Committee may request the initiation of a subsidiarity check at the President of the Committee within one week after the transmission of the EU draft legislation. In this case, the Committee proposes a reasoned opinion to the Parliament, which takes the final decision. Yet, if a prompt decision is required to respect the strict deadlines, the Committee may take the final decision itself. For further information, see the rules of procedure, available here (DE).

Cooperation/coordination at the regional level  
See the answer to the previous point. Moreover, the Parliament and the State Government concluded an agreement on 7 October 2010 to implement the duty on the part of the State Government to inform the State Parliament as laid down in Article 94 of the Constitution of the Land Brandenburg, available here (DE).
Cooperation/coordination at the central level 
There is no direct link between the Brandenburg 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 Brandenburg 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 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.