REGPEX Profile
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Germany - Saarland


The Saarland State Parliament (Landtag des Saarlandes) was established in 1947.

Number of Members of Parliament
51.

Length of the parliamentary mandate
Five years.

Mode of selection of the Members of Parliament
The election is based on the principle of proportional representation. 41 Members are elected in three constituencies and the remaining Members are elected on one regional list. Moreover, as in other German state elections, a 5% electoral threshold applies. For further information, see here.

Population included in the constituency of the regional parliament
1.011.000 (as of July 2012 - 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 is responsible for controlling the State Government, electing the Minister President, and for electing the members of the Constitutional Court and of the Court of Audit of Saarland. For further information, see here.


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

  • Data Protection and Freedom of Information;
  • Science, Research and Technology;
  • Internal Affairs and Sport;
  • Finances and Budget;
  • European Affairs and Questions of the Inter-Regional Parliamentary Council;
  • Education, Culture and Media;
  • Social Affairs, Health, Women and Family;
  • Economy, Labour, Energy, Traffic and Mine Safety;
  • Environment and Consumer Protection;
  • Justice, Constitutional and Legal Affairs, Examination of the Elections.

For further information, see here.

Committees in charge of scrutinising subsidiarity   
Committee on European Affairs and Questions of the Inter-Regional Parliamentary Council.

Staff in charge of subsidiarity scrutiny  
Two staff members of the administration of the Parliament assist the Committee, namely:
(1) one member of the Unit information service (who summarises the EU draft legislation), and;
(2) one member of the Unit session service (who acts as Secretary for the Committee on European Affairs and Questions of the Inter-Regional Parliamentary Council).

Subsidiarity check  
Nature (selective/systematic): Systematic.
Procedure: The Committee on European Affairs and Questions of the Inter-Regional Parliamentary Council analyses all EU draft legislation transmitted by the State Government and decides which drafts shall be subject to a more in-depth examination. There is no prior selection by the State Government or the administration of the Parliament. The Committee closely analyses those drafts that have a significant impact on the Land of Saarland. The plenary assembly of the Parliament may also be involved in the process, depending on the importance and the urgency of the situation. The decision of the Parliament is transmitted to the State Government, which defends the position within the Federal Council (Bundesrat)  without, however, being bound by the Parliaments position.


Cooperation/coordination at the regional level 
 

The State Government transmits all EU draft legislation to the Parliament. It informs the Parliament of the date on which the matter will be discussed within the Bundesrat. The Committee on European Affairs and Questions of the Inter-Regional Parliamentary Council may request the State Government to engage in a subsidiarity analysis of EU draft legislation. This cooperation is based on an agreement on both the information and the participation of the Parliament by the State Government in European Union affairs and in the large region SaarLorLux of 6 May 2009, available here.


Cooperation/coordination at the central level There is no direct link between the Saarland 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 Saarland 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  
See the answer to the previous point. Moreover, the Parliament has contacts with several Members of the European Parliament and with certain Directors-General within the European Commission. Furthermore, 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.