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How is a Law passed in Germany? – Example: Environmental Protection

Edumaps Wissen

🚦 Law Initiative: How Does It Start?

  • A legislative process begins with a so-called law initiative. In Germany, the Bundestag (at least 5% of members or a parliamentary group), the Bundesrat or the Federal Government can propose a law.
  • Let’s say the government plans a Law to Promote Renewable Energy to strengthen environmental protection. At this stage, the government gathers facts, drafts a bill, and often sends it out for a hearing with associations and experts (called the draft stage).
  • The goal: A comprehensive and viable legislation.
  • ⚙ gesetzesinitiative

📦 First Reading: Presentation in the Bundestag

  • The finished draft bill is introduced in the Bundestag and presented in a public sitting. Usually, there is no detailed debate but a direct decision about which committees the bill will be referred to for further discussion.
  • For the environmental protection law, the Committee for Environment, Nature Conservation and Nuclear Safety would be particularly responsible. Here, central questions are collected for later, intensive discussions.
  • ⚙ erstelesung

🔍 Committee Phase: Detailed Work and Expert Opinions

  • In the committee, the details are discussed and the law is thoroughly examined. Hearings are held with experts, interest groups, and representatives of affected groups – for instance, with environmental organizations, energy companies and consumer groups, regarding the renewable energy law.
  • Amendments can be submitted and voted on. The goal is to achieve a balanced and practical regulation. Afterwards, the committee gives a recommendation on how the Bundestag should vote.
  • ⚙ ausschussphase

📄 Second & Third Reading: Debate and Voting in the Bundestag

  • Second Reading: The modified bill is discussed in the Plenum of the Bundestag. There are speeches, amendments, and voting on individual proposals.
  • Third Reading: If substantial changes are made at the last moment, the third reading takes place immediately afterwards. The final vote: The Bundestag votes on the entire law.
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  • Reading Content
    1st Reading Introduction & Referral to Committee
    2nd Reading Debate & Amendments
    3rd Reading Final Vote
  • ⚙ debatte

🏛️ Bundesrat: The Second Chamber Reviews the Law

  • After the law is passed in the Bundestag, it goes to the Bundesrat, which represents the federal states.
  • The Bundesrat checks whether the interests of the states and the constitution have been respected.
  • For laws affecting the states, the Bundesrat has a right of approval (approval laws). For others, it can only raise objections (objection laws).
  • In the case of the environmental protection law: If the Bundesrat has concerns, it can call for a mediation committee. After agreement, the law can be finally passed.
  • ⚙ bundesrat

👨⚖️ Federal President: Final Step Before Coming into Force

  • The law adopted by the Bundestag and Bundesrat is submitted to the Federal President for signature.
  • The Federal President checks if the law is constitutional. If there are serious doubts about legality, he can refuse to sign – but this is rare.
  • If everything is in order, the President signs the law. After signing, it is published in the Federal Law Gazette and then takes effect, either at a set date or immediately.
  • With this, the legislative process is completed – the new environmental protection law is now binding for all citizens in Germany.
  • ⚙ bundesprasident

🎬 Conclusion: Cooperation of Institutions

    • The Federal Government often introduces the initial drafts, but all three bodies – Bundestag, Bundesrat, government – can take the initiative.
    • The Bundestag debates, checks, amends and decides on the law.
    • The Bundesrat represents state interests and can delay or demand changes to laws.
    • The Federal President has a supervisory role before the law becomes valid.
  • This cooperation ensures democratic control, balance, and consideration of various interests – as shown with the example environmental law, many hurdles must be overcome before a law comes into force.
  • ⚙ fazit