Rules of Procedure of the Bundesrat

Unofficial table of contents

BRGO 1966

Date of completion: 01.07.1966

Full quote:

" Rules of Procedure of the Federal Council in the version of the Notice of 26 November 1993 (BGBl. 2007), as last amended by the Notice of 8 June 2007 (BGBl. 1057).

Status:	New by Bek. v. 26.11.1993 I 2007;
	last modified by Bek. v. 8.6.2007 I 1057

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.10.1966 + + +) 

  

Unofficial table of contents

Content Summary

I. General provisions
			Members	§ 1
			Incompatibility	§ 2
			Fiscal year	§ 3
			Cards, tickets	§ 4
II. Institutions and bodies of the Federal Council
			Election of the President and Vice-Presidents	§ 5
			Position of President	§ 6
			Position of Vice-Presidents	§ 7
			Bureau	§ 8
			Permanent Advisory Council	§ 9
			Guide	§ 10
			Committees	§ 11
			Election of the chairmen of the committees	§ 12
			Representatives of the Federal Council in other institutions	§ 13
			Secretariat	§ 14
III. The meetings of the Federal Council
	1.	Preparation of meetings
			Convening and announcement	§ 15
			Attendance List	§ 16
	2.	General procedural principles
			Exclusion of the public	§ 17
			Participation in the negotiations	§ 18
			Cargo	§ 19
			Management of the sitting	§ 20
			Participation of the President in the negotiations	Section 21
			Authority of the President	Section 22
	3.	The business cycle in the Bundesrat
			Identification and implementation of the agenda	Section 23
			Negotiations	§ 24
			Reporting	Section 25
			Applications and recommendations	Section 26
			Number of votes	§ 27
			Quorum	§ 28
			Voting	§ 29
			Voting Rules	§ 30
			Procedure for decisions taken pursuant to Article 77 (2) sentence 1 of the Basic Law	Section 31
			Making the decisions more effective	Section 32
			Participation in the negotiations of the Bundestag	§ 33
			Session Report	Section 34
			Simplified procedure	§ 35
IV. The procedure in committees
			Template assignment	§ 36
			Conference venue, public, attendance register	Section 37
			Convening, management, agenda	§ 38
			Advice	§ 39
			Participation and Fracting	§ 40
			Reporting in committee	Section 41
			Decisions	§ 42
			Survey Procedures	Section 43
			Session Header	Section 44
			Communication of the recommendations of the committees	§ 45
IVa. The procedure in European Union affairs
			Allocation of suborientations for projects within the framework of the European Union to the committees	§ 45a
			European Chamber	§ 45b
			Chairman of the European Chamber	§ 45c
			Competence of the European Chamber	§ 45d
			Preparation of meetings of the European Chamber	§ 45e
			Public	§ 45f
			Participation in the negotiations	§ 45g
			Number of votes, quorum, decision-making	§ 45h
			Representatives of the countries	§ 45i
			Session Report	§ 45j
			Application of procedural rules	§ 45k
V. Final provisions
			Delegate	Section 46
			Interpretation of Rules of Procedure	§ 47
			Derogation from the Rules of Procedure	§ 48
			entry into force	§ 49

I.
General provisions

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Article 50 GG

Through the Federal Council, the Länder are involved in the legislation and administration of the Federal Government and in the affairs of the European Union.

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Article 51 GG

The Federal Council is made up of members of the governments of the countries which appoint them and convene them. They can be represented by other members of their governments.
Each country has at least three votes, countries with more than two million inhabitants have four, countries with more than six million inhabitants five, countries with more than seven million inhabitants six votes.
Each country can send as many members as it has votes. The votes of a country may only be cast in a uniform manner and only by members present or their representatives. Unofficial table of contents

§ 1 Members

The governments of the Länder shall inform the President of the Federal Council of the names of the members of the Federal Council, the date of their appointment as members of the Federal Council and of the State Governments and the date of the extinguishing of their membership. Unofficial table of contents

§ 2 Incompatibility

The members of the Federal Council may not belong to the Bundestag at the same time. If a member of the Federal Council is elected to the Bundestag, it must inform the President of the Federal Council within a reasonable period of time, which of the two offices will lay down the bill. Unofficial table of contents

§ 3 fiscal year

The fiscal year of the Federal Council begins on 1 November of each year and ends on 31 December. October of the following year. Unofficial table of contents

§ 4 ID cards, tickets

(1) Each member receives a certificate from the Federal Council on his status as a member of the Federal Council. The members of the Federal Council also receive tickets for the Bundesbahn and the Bundespost. (2) Passes and tickets are to be returned one week after the membership has been extinguisher.

II.
Institutions and bodies of the Federal Council

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Article 52 (1) GG

The Federal Council elects its President for one year. Unofficial table of contents

Section 5 Election of the President and Vice-Presidents

(1) The Federal Council shall elect a President and two Vice-Presidents without debate for one year from its members. (2) If the Office of the President or a Vice-President ends prematurely, a re-election shall take place within four weeks. Unofficial table of contents

Section 6 Position of the President

(1) The President shall represent the Federal Republic of Germany in all matters of the Federal Council. He is the supreme service authority for the officials of the Federal Council. (2) Officials of the higher service shall be appointed with the prior consent of the Permanent Advisory Council, the Director and Deputy Director with the prior approval of the Federal Council by the President set, promoted, dismissed and retired; the same shall apply to the hiring, courting and dismissal of the employees of the remuneration group BAT II a. (3) The President shall exercise the right of house for the administration of the The Federal Council of the Federal Republic of Germany, buildings, buildings and land. Unofficial table of contents

Section 7 Position of Vice-Presidents

1. The Vice-Presidents shall represent the President, in the event of his prevention or premature termination of his duties, in accordance with their order. A case of prevention is also present as long as the President of the Federal Council, under Article 57 of the Basic Law, exercises the powers of the Federal President. (2) The Vice-Presidents shall advise and assist the President in the execution of his Tasks. Unofficial table of contents

Section 8 Presidium

(1) The President and the Vice-Presidents shall form the Bureau. (2) The Bureau shall, after deliberation in the Permanent Advisory Council, draw up the draft budget for the Federal Council. It decides on the internal affairs of the Bundesrat, insofar as the power to decide is not reserved to the Federal Council or to the President. The Federal Council may instruate the Bureau to carry out its decisions. (3) The President shall convene the Bureau and shall chair its meetings. (4) In urgent cases, the President may bring about decisions of the Bureau by means of a survey. (5) A minutes shall be made at each meeting of the Bureau. It must contain at least the names of the participants, the applications, the outcome of the deliberations and the votes in the case of decisions. Unofficial table of contents

Section 9 Permanent Advisory Council

(1) The Bureau shall be a Permanent Advisory Council. It shall include the plenipotentiaries of the countries. As a rule, he meets once a week. (2) The Permanent Advisory Council advises and assists the President and the Bureau in preparing the meetings and managing the administrative affairs of the Federal Council. It shall decide in the personnel matters referred to in section 6 (2). Its decisions will be taken up in a minutes. (3) The Permanent Advisory Council shall have an effect on the maintenance of the ongoing connection between the Federal Council and the Federal Government. The Federal Minister responsible for the affairs of the Federal Council and the Länder may take part in the meetings of the Permanent Advisory Council and must be heard at any time. (4) The Director of the Federal Council shall attend the meetings of the Permanent Advisory Council. (5) The Presidency of the Permanent Advisory Council is to be held in the following order:

1.

a member of the Bureau,

2.

the Plenipotentiary, who is also a member of the Federal Council,

3.

Any other authorised representative.

(6) If several persons are considered to be chairpersons in accordance with paragraph 5 (2) or (3), the member of the Standing Advisory Council shall preside over the longest period of time without interruption. Unofficial table of contents

§ 10 Secretary

(1) The Federal Council shall elect two written records from its members for each financial year. (2) A written guide shall assist the President in the meeting. If both written records have not been published to a meeting of the Federal Council, the President shall appoint another member of the Federal Council for this sitting to the Secretary of the Secretary.

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Article 52 (4) GG

The committees of the Federal Council may belong to other members or representatives of the governments of the Länder. Unofficial table of contents

Section 11 Committees

(1) The Federal Council shall form standing committees. (2) The Länder are represented in each committee by a member of the Federal Council, another member or a representative of their government. (3) The governments of the Länder shall share the Presidents the date of the appointment and dismission of the members of the Committee in writing. These communications will be announced to the committees. (4) Paragraph 3, first sentence, shall also apply to the secondment of the members of the Conciliation Committee. The President or on his behalf the Director of the Federal Council shall communicate the names of the members and of the alternates to the chairman of the Conciliation Committee. Unofficial table of contents

Section 12 Election of committee chairmen

(1) The Federal Council shall elect the chairpersons of the committees of their members for each financial year. The committees are to be heard before the election. (2) The committees shall elect from their members vice-chairmen. (3) Ending prematurely to the office of a chairman or vice-chairman shall be elected for the remainder of his term of office a successor is elected. Unofficial table of contents

§ 13 Representatives of the Federal Council in other institutions

If the Federal Council appoints members of organs of a legal person of public or private law, of advisory councils of a department of the Federal Government, of administrative councils or similar bodies, the Federal Council or its Committees shall require these members to report on their activities. Unofficial table of contents

§ 14 Secretariat

(1) The Federal Council consists of a secretariat to which all staff members of the Federal Council belong. (2) The Director of the Federal Council shall head the Secretariat on behalf of the President with the support of the Deputy Director. The Director shall assist the President in the management of his or her duties.

III.
The meetings of the Federal Council

1.
Preparation of meetings

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Article 52 (2) GG

The President shall convene the Federal Council. He has to convene him if the representatives of at least two countries or the federal government demand it. Unofficial table of contents

Section 15 convening and announcement

(1) The President shall immediately convene the Federal Council if a country or the Federal Government requires it. (2) The President shall prepare the meetings. In order to prepare the meetings, the submissions to be discussed are compiled in provisional agendas. (3) The provisional agenda, the documents and the minutes and recommendations of the committees are to be drawn up by the representatives of the countries concerned. (4) If delivery cannot take place at the latest on the sixth day before the meeting, the provisional agenda, the templates and the reports of the committees involved shall be the representations of the countries, and at the same time as the members of the Federal Council. (5) Place, time and the provisional agenda of each meeting shall be communicated to the Federal Government. The meetings of the Federal Council are announced by the attack in the meeting building. Unofficial table of contents

Section 16 attendance register

An attendance register will be laid out for each meeting of the Federal Council, in which the participants of the meeting will register.

2.
General procedural principles

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Article 52 (3), third sentence, and 4 GG

He (the Federal Council) negotiates publicly. The public can be excluded. Unofficial table of contents

Section 17 Exclusion of the public

(1) The exclusion of the public for an item of advice shall be discussed and decided in a non-public meeting. The restoration of the public shall be disclosed. (2) The negotiations in a non-public meeting shall be confidential unless the Bundesrat decides otherwise.

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Article 53, Sentence 1 and 2 GG

The members of the Federal Government have the right and, on request, the duty to participate in the negotiations of the Federal Council and its committees. You have to be heard at any time. Unofficial table of contents

Section 18 Participation in the negotiations

(1) In the negotiations of the Bundesrat, the rapporteurs of the Conciliation Committee and the State Secretaries of the Federation may also participate; other persons only if the President permits this. (2) In support of the members of the Federal Council and the Federal Government as well as the other participants in the negotiations can be assigned representatives of the Länder and the Federal Government.

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Article 53, sentence 3 of the GG

The Federal Council is to be kept informed by the Federal Government of the conduct of the business. Unofficial table of contents

§ 19 Fraequitable

(1) Each member of the Federal Council may, at the meeting on the items on the agenda, address questions to the Federal Government or its members. (2) Each country may also ask the Federal Government to ask questions which are not related to shall be the subject of the agenda. These questions shall be communicated in writing to the President at the latest two weeks before the meeting in which they are to be answered. The President shall forward them to the Federal Government and shall put them on the agenda. (3) The questions referred to in paragraph 2 shall be dealt with at the beginning of the sitting for this purpose. The country in question can justify its question orally. At the request of the country in question, the President shall determine whether the question shall be taken by the majority of the Bundesrat. (4) If the question relates to an object in respect of which the Federal Government is responsible under Article 53, sentence 3 of the The Basic Law is obliged to keep the Federal Council on the running, so at the request of the Federal Government, the public shall be excluded for the duration of the consideration of the question. § 17 shall apply accordingly. (5) The consideration of a question at the meeting shall not be considered if the country in question has agreed to reply in writing. The answer of the Federal Government is to be communicated to all countries. Unofficial table of contents

Section 20 Management of the sitting

(1) The President shall head the meetings of the Bundesrat. (2) If the President and Vice-Presidents are at the same time prevented from chairing a meeting, the oldest Head of Government shall be responsible for the management of the meeting. Unofficial table of contents

Section 21 Participation of the President in the negotiations

If the President intends to take part in the negotiations as a speaker, he shall be responsible for the management of the meeting for that period. Unofficial table of contents

Section 22 Administrative power of the President

(1) Participants who are not members of the Bundesrat, and listeners are subject to the authority of the President. (2) Anyone who expresses applause or disaplions in the grandstand or violates order and decency may be ordered by the President. are removed immediately. The President can leave the tribune clear because of disturbing unrest.

3.
The business cycle in the Bundesrat

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Section 23 Determination and implementation of the agenda

(1) The President shall announce changes in the composition of the Bundesrat at the beginning of the meeting. (2) Before entering into the negotiations, the Federal Council shall determine the agenda by decision. Article 19 (2) sentence 3 shall remain unaffected. (3) If a country has requested that an item of advice be placed on the agenda at the latest two weeks before the meeting, on the basis of its rights under Article 15 (1), it must comply with that request. (4) If the submission, the provisional agenda or the recommendations of the committees relating to an item are not at the latest on the sixth day before the meeting, pursuant to § 15 paragraph 3, the subject-matter may not be placed on the agenda when a It is contrary to the law unless a statutory period for the decision-making of the Federal Council expires in less than seven days or that it is an Eilfall EG-template pursuant to Section 45d (1). (5) On items not on the The agenda must not be negotiated and decided if a country contradicts it. Unofficial table of contents

Section 24 Negotiations

The President shall ensure that, irrespective of the reporting of committees of general interest advisory bodies or of particular importance, the reasons for the decision on the Committee recommendations or applications are of importance. Unofficial table of contents

§ 25 Reporting

(1) In the meeting of the Bundesrat, the committees are to report on matters of essential importance orally. (2) The reports must reflect the deliberations in the committees objectively, but should be based on the political agenda. significant results. A written report may, with the consent of the President, be given by means of technical or legal deliberations and the outcome thereof, without giving his presentation on the report on the meeting. Unofficial table of contents

Section 26 Requests and recommendations

(1) Each country has the right to submit applications in the Bundesrat. (2) The Bureau may submit requests for the internal affairs of the Bundesrat. (3) The committees shall submit recommendations to the Bundesrat on the deliberations referred to them. If a committee recommends that the Federal Council amend or reject a proposal, it shall submit a statement of reasons.

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Article 51 (2) GG

(2) Each country has at least three votes, countries with more than two million inhabitants have four, countries with more than six million inhabitants five, countries with more than seven million inhabitants six votes. Unofficial table of contents

Section 27 Number of votes

The number of votes accorded to the country under Article 51 (2) of the Basic Law shall be based on the results of the official population update, unless the results of an official census are available.

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Article 52 (3), first sentence, GG

The Federal Council shall take its decisions by at least the majority of its votes. Unofficial table of contents

Section 28 Decision-making capacity

(1) The Federal Council is able to take decisions if the majority of its votes are represented. (2) In the event of a quorum, the President shall repeal the sitting and announce the date of the next sitting. (3) In the case of the decision of the Federal Council pursuant to Article 37, Article 84 (3) and (4) and Article 91 (2) of the Basic Law, the country concerned is entitled to vote.

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Article 51 (3) sentence 2 GG

The votes of a country may only be cast in a uniform manner and only by members present or their representatives. Unofficial table of contents

Section 29 Voting

(1) The vote shall be cancelled by hand. At the request of a country, the countries will be called upon to vote. Countries are called in alphabetical order. (2) In so far as a vote on the recommendations of the committees is not requested and there are no conflicting recommendations, no requests or requests to speak, the The President noted that the Federal Council had decided, in accordance with the recommendations of the committees, to summarise the vote on a number of advisory items. Sentence 1 shall apply to the determination of the agenda in accordance with section 23 (2). (3) The President may depart the vote on an item on the agenda or requests submitted for this purpose by the end of the sitting at the latest. The vote must be put back if at least two countries demand it. Unofficial table of contents

Section 30 Voting rules

(1) In the legislative procedure provided for in Articles 76 to 78 of the Basic Law, the voting questions shall be taken in such a way that the vote shall be without any doubt as to whether the Bundesrat, by a majority of its votes, has decided to vote,
to submit a bill to the Bundestag
(Article 76 (1) of the Basic Law),
on a bill of law of the Federal Government, and the content of this opinion (Article 76 (2) of the Basic Law),
to agree to a law passed by the Bundestag (Article 78 of the Basic Law),
require that the Conciliation Committee be convened on account of a law adopted by the Bundestag (Article 77 (2) sentence 1 of the Basic Law),
objection to a law adopted by the Bundestag or to withdraw it (Article 77 (3) sentence 1 and Article 78 of the Basic Law).
Even in all other cases in which the approval of the Bundesrat is required, the vote must clearly indicate whether the Bundesrat, by a majority of its votes, gives its consent. The vote on the granting of consent shall take part in the decision to refuse consent. (2) If several applications have been submitted on the same subject, the most extensive request shall be put to the vote first. The decisive factor is the degree of deviation from the original. In case of doubt, the Federal Council decides. In the case of laws in need of consent, an application shall be voted on in accordance with the first sentence of Article 77 (2) of the Basic Law before the decision is taken. (3) Paragraph 1, third sentence, and paragraph 2 shall apply mutatily to the recommendations of the committees. Unofficial table of contents

Section 31 Procedure for decisions pursuant to Article 77 (2) sentence 1 of the Basic Law

In the procedure provided for in the first sentence of Article 77 (2) of the Basic Law, the President shall first determine in general whether there is a majority in favour of the referral to the Conciliation Committee, provided that there are more than one call for a law to be voted on. If this is the case, it shall be consulted and put to the vote on the individual requests. It will then be able to vote after renewed deliberation on whether to call the Conciliation Committee on the basis of all the individual decisions taken; it has to be put to the vote if a country requires it. Unofficial table of contents

Section 32-Effective date of decisions

The decisions of the Federal Council shall take effect with the end of the meeting. Items whose treatment has been completed must not be discussed and voted on again if a country opposes it.

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Article 43 (2) GG

The members of the Federal Council and the Federal Government, as well as their representatives, have access to all the meetings of the Bundestag and its committees. You have to be heard at any time. Unofficial table of contents

§ 33 Participation in the negotiations of the Bundestag

The Federal Council may commission its members to represent its decisions in the Bundestag and in its committees. The committees may make proposals on this. Unofficial table of contents

Section 34 Session report

(1) A verbatim report shall be recorded on the meetings of the Federal Council. (2) The report shall be confidential in so far as the negotiations are confidential (Section 17 (2)). The Federal Council may decide that a non-public meeting will not be included in a report. (3) The report shall be deemed to be approved unless an objection has been lodged with the President within two weeks of the date of its issue. If the President does not give the objection, the Federal Council shall decide. Unofficial table of contents

Section 35 Simplified procedure

In the case of originals which are only forwarded to the Federal Council for information, the recommendations of the relevant committees, the Bundesrat may take note of the submission or raise no objections to the submission, shall be considered as an opinion of the Federal Council, unless a country makes a request for the treatment of this document until the next meeting of the Bundesrat.

IV.
The procedure in committees

Unofficial table of contents

§ 36 Assignment of Templates

(1) The President shall assign the documents to the competent committees and shall determine the committee responsible. The participation of a number of committees in the consultation of a template should be limited as far as possible. The President may instruate the Director of the Federal Council to assign the templates and determine the committee responsible. (2) The President shall have a country's originals, at the request of which, directly on the provisional agenda of the Federal Council to set up. Unofficial table of contents

§ 37 Conference venue, public, attendance register

(1) The committees meet at the seat of the Federal Council. Exceptions shall be subject to the prior consent of the President. Section 15 (5) shall apply to the announcement of the meetings. (2) The meetings of the committees shall not be public. The negotiations shall be confidential unless the committee decides otherwise. (3) An attendance register shall be laid down for each meeting of the committee in which the participants in the meeting shall register. Unofficial table of contents

Section 38 convening, management, agenda

(1) The Chairman shall convene the Committee. He shall convene him without delay if a member of the committee is required to do so. The Chairman shall prepare the meetings of the Committee and shall forward it. (2) The agenda shall be delivered to the representations of the countries as early as possible, at the latest on the sixth day before the meeting. If this deadline cannot be met, the agenda shall be communicated to the representations of the countries and, at the same time, to the members of the Committee by telex. (3) Where the committee is not responsible, the agenda shall be the purpose of: the consultation of the individual items. Unofficial table of contents

Section 39 Consultation

(1) The committees prepare the decision-making of the Bundesrat. (2) The President may instructs the committees to draw up opinions on opinions. (3) Several committees can consult jointly. Where an item of advice is of equal importance to the subject areas of several committees, the President may arrange joint deliberations. (4) Committees may set up subcommittees. (5) Committees shall be responsible for their deliberations on the eighth day. the next meeting of the Federal Council.

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Article 53, Sentence 1 and 2 GG

The members of the Federal Government have the right and, on request, the duty to participate in the negotiations of the Federal Council and its committees. You have to be heard at any time. Unofficial table of contents

§ 40 Participation and Frasatisfy

(1) Members of the Federal Council and representatives of the national governments who are not members of the committees, as well as representatives of the Federal Government, may participate in the negotiations of the committees and subcommittees without voting rights. (2) In the Meetings may ask the members of the committees as well as the representatives of the state governments to the members of the Federal Government and their representatives. (3) The committees may include experts or other persons whose participation they are responsible for need to be heard. Unofficial table of contents

Section 41 Reporting in committee

The Committee shall, in so far as it is necessary for its deliberations, appoint rapporteurs for the individual deliberations. The reports shall be reimbursed orally, unless the committee decides otherwise. Unofficial table of contents

Section 42 Decisions

(1) Committees shall be quorum if more than half of the countries are represented. (2) Each country shall have one vote in the committees. (3) The committees shall take their decisions by a simple majority. Unofficial table of contents

Section 43 Survey procedures

If the chairman considers that the oral deliberation of a proposal is not necessary, the opinion of the members of the committee may be obtained by means of the survey. The survey is to be carried out at an early stage so that a meeting can be convened in time at the request of a country. Unofficial table of contents

Section 44 minutes of proceedings

(1) For each meeting of a committee, the Secretary shall produce a record. It must contain at least the names of the participants, the applications, the outcome of the deliberations and, in the case of decisions, the proportion of votes and the result of votes by country. The breakdown of the result of the vote by country in a minutes on a meeting of a sub-committee may be suspended if the subcommittee decides on a case-by-case basis. (2) The minutes shall be confidential, to the extent that: (3) The texts of the decisions taken by a committee and the justifications formulated for this purpose may be made available to the public, to the extent that: the Committee shall decide nothing else. Unofficial table of contents

Section 45 Communication of the recommendations of the committees

The Secretary of the committee responsible shall put together the recommendations of the committees on each submission and shall forward them to the representations of the countries.

IVa.
The procedure in European Union affairs

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Article 23 (2), 4 to 6 GG

(2) In the affairs of the European Union, the Bundestag and the Bundesrat act with the Länder. The Federal Government has to inform the Bundestag and the Bundesrat comprehensively and at the earliest possible date. (4) The Federal Council must be involved in the formation of the federal government's will, insofar as it is in accordance with a corresponding national measure. (5) As far as the exclusive competence of the Federal Republic of Germany is concerned with the interests of the Länder, or insofar as the Federal Government has the right to legislation, account must be taken of the fact that the Federal Republic of Germany has the right to legislating in the country. the Federal Government's opinion of the Federal Council. If the focus on legislative powers of the Länder, the establishment of their authorities or their administrative procedures is concerned, the Federal Council's opinion must be taken into account in the decision-making process of the Federal Republic of Germany in so far as it is concerned; to uphold the national responsibility of the Federal Government. In matters which could lead to expenditure increases or revenue reductions for the federal government, the consent of the federal government is required. (6) When the focus is on exclusive legislative powers of the Länder, the Exercise of the rights conferred by the Federal Republic of Germany as a Member State of the European Union shall be transferred from the Federal Government to a representative of the Länder designated by the Federal Council. The exercise of the rights is carried out with the participation and in coordination with the Federal Government, in which the Federal Government's overall responsibility is to be uphold.

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§ 2 EUZBLG

(1) The Federal Government shall inform the Federal Council, without prejudice to Article 2 of the Law on the Treaties of 25 March 1957 establishing the European Economic Community and the European Atomic Energy Community of 27 July 1957 (BGBl I). 753) and at the earliest possible date on all projects within the framework of the European Union which could be of interest to the countries. Unofficial table of contents

Section 45a Allocation of suborientations on projects within the framework of the European Union to the committees

(1) The President shall select from the subdirections on projects within the framework of the European Union those eligible for advice in the Bundesrat, and shall assign them to the committees. The President may appoint the Director with the selection and assignment of the sub-directions. Each country and each committee may require further suborientations to be assigned to the committees. (2) The participation of several committees in advising a briefing should be limited as far as possible. This applies in particular to sub-directions, whose urgent need (§ 45d paragraph 2) is already foreseeable at the time of the allocation. (3) The allocation is effective until the project is completed in the European Union. If several committees are involved, they shall conduct their deliberations on recommendations to the Federal Council or the European Chamber, as far as possible. (4) During the decision-making procedure, the committees involved shall have the right to vote. In the bodies of the European Union, the task of accompanying the representatives of the Länder to the opinions of the Federal Council is to carry out the monitoring of success and to propose, for example, necessary follow-up decisions to the Federal Council.

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Article 52 (3a) GG

In the case of European Union affairs, the Federal Council may form a European Chamber, the decisions of which shall be deemed to be decisions of the Bundesrat; Article 51 (2) and (3) sentence 2 shall apply accordingly. Unofficial table of contents

Section 45b Europakammer

(1) The Federal Council shall form a European Chamber, the decisions of which shall be deemed to be decisions of the Bundesrat. (2) Each country shall send a member or a deputy member of the Bundesrat as a member to the European Chamber. Its other members and deputy members of the Federal Council are deputy members of the European Chamber. (3) The governments of the countries share the date of the appointment and dismisses of the member of the European Chamber in writing. The communication will be announced to the European Chamber. Unofficial table of contents

§ 45c Chairman of the European Chamber

(1) The Federal Council shall elect the Chairperson, the first and the second Vice-Chairperson of the European Chamber for one year from the centre of the members of the European Chamber without debate. (2) Ends the Office of a Chairman or a Vice-chairmen prematurely, a successor shall be elected for the remainder of his term of office.

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§ 3 EUZBLG

Before determining the negotiating position on a project of the European Union, the Federal Government shall give the Federal Council the opportunity to deliver an opinion within a reasonable period of time, insofar as the interests of the countries concerned are affected.

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§ 4 para. 1 EUZBLG

To the extent that the Federal Council would have to participate in a corresponding national measure, or as far as the Länder would be within the competence of the Federal Government, the Federal Government shall involve representatives of the Länder appointed by the Federal Council in consultation on the determination of Negotiating position on the project.

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§ 5 EUZBLG

(1) To the extent that the federal government has exclusive competence in the area of exclusive competence, or insofar as the Federal Government has the right to legislation, the Federal Government shall take into account the opinion of the Federal Council in the case of the Federal Government. Definition of the negotiating position on the project. (2) If a project focuses on the legislative powers of the Länder and the Federation does not have the right to legislature, or if a project focuses on the establishment of the authorities of the The Member States or their administrative procedures shall, in so far as they are defined, Negotiating position by the Federal Government to take a decisive account of the opinion of the Federal Council; paragraph 1 shall also apply. The federal state responsibility of the Federal Republic of Germany, including foreign, defence and integration policy, is to be uphold. If the opinion of the Federal Government does not agree with the opinion of the Bundesrat, an agreement is to be sought. In order to achieve this agreement, the Federal Government will be re-advising the Federal Government with representatives of the Länder. If an agreement is not reached and the Federal Council then confirms its view with a decision taken by two-thirds of its votes, the opinion of the Federal Council is decisive. The consent of the Federal Government is necessary if decisions can lead to increases in expenditure or to the Federal Government's changes in revenue. (3) Prior to approval of projects based on Article 235 of the EEC Treaty, the Federal Government, the agreement with the Federal Council, to the extent that its consent would be required under national law or if the countries were competent.

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§ 6 Abs 1 S 1 and Abs 2 S 1 and 2 EUZBLG

(1) In the case of a project in which the Federal Council would have to participate in a corresponding national measure or in which the Länder would be in charge of the internal government or in which the other essential interests of the Länder are affected, the Federal Government shall draw up: at the request of representatives of the countries concerned, to the negotiations in the advisory bodies of the Commission and the Council, as far as it is possible to do so. (2) In the case of a project focusing on the exclusive legislative powers of the countries, the aim of the project is to: the Federal Government to conduct the negotiations in the advisory bodies of the Commission and of the Council and Council meetings in the composition of the Ministers, to a representative of the countries. For these Council meetings, only one member of a provincial government can be appointed by the Federal Council in the ministerial rank.

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§ 7 EUZBLG

(1) The Federal Government shall, at the request of the Federal Council, make use of the legal remedies provided for in the Treaty on European Union, without prejudice to its own right of appeal, to the extent that the countries of the Federal Republic of Germany shall act or do so by acting or ominating Union institutions are affected in areas of their legislative powers and the Federation has no right to legislating. In doing so, the Federal Government's general government responsibility, including the foreign, defence and integration policy, must be uphold. (2) Paragraph 1 shall apply mutatis-ly if the Federal Government is to act before the European Union in proceedings before the European Parliament. (3) As regards the conduct of the proceedings before the Court of Justice of the European Communities, the Federal Government shall, in the cases referred to in paragraphs 1 and 2, and in the case of infringement proceedings, provide for the following: Federal Republic of Germany is party to the Federal Council, to the extent that: The legislative powers of the Länder are affected and the federal government has no right to legislature. Unofficial table of contents

§ 45d Responsibility of the European Chamber

(1) The European Chamber shall be responsible for the exercise of the participation rights of the Federal Council in matters of European Union affairs, in urgent cases or in the event of a confidential nature of confidentiality following the assignment of a counseling item. (2) A case of urgent procedure shall be , if the decision-making by the Bundesrat, with regard to the advice level in the bodies of the European Union, does not tolerate a postponing until the next meeting of the Bundesrat. (3) A case in which the confidentiality is to be uphold. may, in particular, be available if:

1.

this is provided for in relevant European Union rules;

2.

The Federal Government declares the confidential treatment of the counseling subject to be necessary;

3.

A country or a committee shall encourage the confidential treatment of a counseling subject.

(4) If the President finds that the competence of the European Chamber is given, he shall assign the matter to the relevant advisory body if it does not convene the Federal Council. The President may ask the Director, in agreement with the chairman of the Committee on European Union questions, to assign advising items to the European Chamber.

(5) The assignment of a counseling subject to the European Chamber is not contrary to the deliberations of the committees and the negotiation and decision-making by the Federal Council until the decision is taken.

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Section 45e Preparation of the meetings of the European Chamber

(1) The meetings of the European Chamber shall be prepared by the committees to the extent that this is possible in time. (2) The Chair shall convene the European Chamber if it is to be met. Each country may require the European Chamber to be convened for a submission to be submitted to it. (3) The time limit for appeal is one week. It can be shortened in case of a case, as the counseling level requires. The convening shall be made by forwarding the provisional agenda. Unofficial table of contents

Section 45f Public opinion

(1) The European Chamber negotiates publicly. The public can be excluded. To the extent that the competence of the European Chamber is based on the maintenance of confidentiality, it shall decide on the exclusion of the public. In addition, § 17 shall apply mutatis merly. (2) The decisions of the European Chamber and its justifications shall be made public, unless the European Chamber decides otherwise. Unofficial table of contents

§ 45g

Members and representatives of the Federal Government and representatives of the State Governments may also participate in the negotiations of the Europakammer; other persons only, if the Chairman allows this. Unofficial table of contents

Section 45h Decision-making

(1) Members and alternates of the European Chamber shall be entitled to vote in the European Chamber. (2) The European Chamber shall be able to take decisions if the majority of the votes cast are represented. In the event of a quorum, the Chair shall waive the sitting. (3) The European Chamber shall take its decisions by at least the majority of its votes. Unofficial table of contents

§ 45i Survey procedure

(1) If the chairman considers the oral consultation of an EU template to be redundant, the decision-making can be brought about by means of the survey. A report is to be produced on the survey. (2) If the meeting of the European Chamber is cancelled due to quorum, the Chairman shall initiate a survey procedure. (3) Except in the case referred to in paragraph 2, any country of decision-making may be taken in the Survey procedures contradict. Unofficial table of contents

Section 45j Session report

The sittings of the European Chamber shall be subject to a minutes of publication. It must contain at least the names of the participants, the applications and the outcome of the deliberations. The report shall be confidential in so far as the negotiations are confidential (Section 45f (1) sentences 2 to 4). Unofficial table of contents

Section 45k Application of procedural rules

§ 15 para. 3 and 5, § § 16, 18 para. 2, § 19 para. 1, § § 22, 23 para. 2 sentence 1 and para. 5, § 26 para. 3, § § 29, 30 and 32 are to be applied accordingly. Unofficial table of contents

§ 45l Representatives of the Länder

(1) The Federal Council shall appoint representatives for negotiations on projects within the framework of the European Union, these representatives shall be bound by decisions of the Bundesrat. The country representing the representative shall act on further decisions, provided that there is reason to do so in view of the progress of the negotiations. Any other country can also request further decisions. The same may be recommended by a committee to which the relevant subject-matter is assigned. (2) The representatives shall report immediately after a meeting of the relevant body on the countries of particular interest. Aspects. The reports will usually be reimbursed in writing. The representatives shall also report if there is a renewed need for consultation with a view to the negotiations, or if a country or a part of the committee involved so requests.

V.
Final provisions

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Article 51 (1) GG

The Federal Council is made up of members of the governments of the countries which appoint them and convene them. They can be represented by other members of their governments.

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Article 52 (4) GG

The committees of the Federal Council may belong to other members or representatives of the governments of the Länder. Unofficial table of contents

Section 46 Substitute

Members of the Federal Council and of its committees within the meaning of these Rules of Procedure shall also be the alternates. Unofficial table of contents

Section 47 Interpretation of the Rules of Procedure

(1) During a meeting, the President shall decide on the interpretation of the Rules of Procedure for this sitting. (2) Otherwise, at the request of the President or of a country, the Bundesrat shall decide. Unofficial table of contents

§ 48 derogation from the Rules of Procedure

If, in the individual case, the Federal Council wishes to depart from the Rules of Procedure, a unanimous decision shall be required. Unofficial table of contents

Section 49 Entry into force *)

These Rules shall enter into force on 1 January October 1966, in force. At the same time, the Rules of Procedure of the Federal Council of 31 July 1953 (Bundesgesetzbl. 527).
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*)

This provision concerns the entry into force of the Rules of Procedure in the version which was then valid.