Systems of multilevel governance

Representation: The Länder are directly represented in the institutions at federal level through the Bundesrat. The Landkreise (rural districts) and the Kommunen (municipalities) are represented through their associations Deutscher Landkreistag (DLT) (Rural District Association), Deutscher Städte- und Gemeindebund (DStGB) (Municipality Association), and Deutscher Städtetag (DST) (Association of German Cities). These associations are the exclusive partners for consultation between the federal and Länder level on the one hand, and the intermediary and/or local levels on the other.

Information: At federal level, the Länder participate in law-making through the Bundesrat. New draft legislation, at federal and Länder level, will be sent to the local government associations if it affects the competences of the municipalities.

Consultation[1]: Municipalities are consulted by the Federation through their associations based on rule 69(5) of the Rules of Procedure of the Bundestag. The rule states that the associations will have the possibility to present their positions before a decision is taken, if it affects their respective level in a substantial manner.

For federal ministries, section 47 of the Federal Government's Rules of Procedure stipulates that draft legislative texts affecting the local and intermediate level will be forwarded to the associations. Occasionally, this results in meetings between the associations with federal ministers and even the chancellor. At Länder level, the legal framework for consultation varies between the Länder, with some including it in their constitutional framework and others limiting it to laws and the rules of procedure.

​Coordination: At the federal level, the Bundesrat has to give its consent in numerous areas. However, since the federal reforms of 2006, the areas for which consent is required have been reduced. Furthermore, the Länder acquired the possibility to represent the Federal level in the EU on matters of exclusive Länder competence. The delegate from the Länder representing the federal level in the EU will be appointed by the Bundesrat after consultation with the Federal Government.

[1] Council of European Municipalities and Regions, Study on 'Consultation procedures within European States', 2007.