Germany Law at State Level

As a federal republic, Germany places a distinction in its legislature between the federation and the state. The country is made up of 16 states, each with its own cabinet (led by the Minister-President) and legislative body known as the State Diet. The Diet members are elected via popular vote and, in turn, elect the Minister-President from among themselves.

Under the German Constitution known as the Basic Law, all legislative power remains with the state unless specifically stated otherwise by the Law. In some areas, the federal and state law have equal authority. In these instances, federal law takes precedence over state law if the case involves “the establishment of equal living conditions throughout the federal territory or the maintenance of legal or economic unity” (Art. 72 Basic Law) and federal intervention is necessary to uphold national interest.

Administrative law is mostly under the jurisdiction of the state. Most states adhere to the 1976 Administrative Proceedings Act as the basis for their own regulatory laws.

The Bundesrat or the Federal Council represents the 16 states at the federal level. Its members come from the state cabinets and a state delegation is usually headed by the respective minister-president. The Bundesrat is involved in legislations which concern the following: concurrent powers between state and federation, administration of federal regulations by the state, and mandate of the Basic Law.