The Hamburg City Parliament (Hamburgische Bürgerschaft) was established in 1859.
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 (Articles 66, 67 and 70 of the Constitution of Hamburg).
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: Pursuant to the Constitution of Hamburg, the Parliament is responsible for electing the Lord Mayor (Article 34), confirming the Senators (Members of the State Government) appointed by the Mayor (Article 34) and controlling the Senate (State Government - Articles 25-28 and 30). 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:
- European Affairs;
- Family, Children and Youth;
- Health;
- Budget;
- Internal Affairs;
- Culture, Creative Industries and Tourism;
- Legal Affairs;
- Education;
- Social & Equal Opportunities for Women and Men;
- Sports;
- Urban Development;
- Environment;
- Economic Affairs;
- Science.
For further information, see
here (EN).
Committees in charge of scrutinising subsidiarity
The Committee on European Affairs is responsible and takes the final decision in the EWS on behalf of the Hamburg City Parliament. It consists of 13 Members of the Parliament, depending on the number of members of the parliamentary political group. It is supported by the parliamentary administration, which analyses the legal effects of EU draft legislation.
Staff in charge of subsidiarity scrutiny
One legal advisor and one clerk.
Subsidiarity check
Nature (selective/systematic): Systematic.
Procedure: : In Germany, the 16 state governments participate through the Federal Council (Bundesrat) in the legislation and administration of the Federal State. The Bundesrat submits the European draft legislation both to the state governments and to the state parliaments. The Senate of Hamburg (State Government) and the administration of the Parliament analyse the legal effects and impact within 14 days and inform the Committee on European Affairs of the results. During the debate, the Senate of Hamburg answers detailed questions. Afterwards, the Committee on European Affairs - which is responsible within the Parliament for analysing all European draft legislation - takes the final decision on behalf of the Parliament. The decision of the Committee on European Affairs is communicated to the Senate of Hamburg, which defends the interests of Hamburg at the Bundesrat. However, the decisions of the Committee on European Affairs are not binding for the Senate. The whole procedure takes approximately 2-6 weeks. The legal basis for this is a binding directive between the Parliament and the Senate of Hamburg.
Cooperation/coordination at the regional level
See answer to the previous point.
Cooperation/coordination at the central level
There is no direct link between the Hamburg 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 Hamburg 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
Cooperation with other German and with Dutch regional parliaments: as of October 2012, there are regular meetings (once or twice a year) of Members of the Regional Parliaments of Niedersachsen, Bremen, Hamburg, Groningen, Friesland and Drenthe. The aim is to exchange information and to discuss topics of regional interest. Yet, there is no specific cooperation on subsidiarity issues.
Moreover, the Hamburg City Parliament cooperates with regional parliaments of the Baltic Sea Region concerning the European Union's Baltic Sea Region Strategy. For example, Hamburg is a member of the Baltic Sea Parliamentary Conference (BSPC) and the Southern Baltic Sea Parliamentary Forum.
Furthermore, the Hamburg City Parliament has contacts with the Committee of the Regions and the European Parliament. It also participates in CALRE (Conference of European Regional Legislative Assemblies).