From an issue to a law: how the federal government coordinates

An issue enters the government's agenda in many ways: a commitment in the coalition agreement, a priority set by the Chancellor, an EU directive that must be transposed, a Federal Constitutional Court ruling, a crisis or a request from the Länder. The ministry that is mainly responsible under the division of portfolios takes the lead.

Rule: as soon as a bill is to be drafted, the Chancellery must be notified and kept informed about progress and timetable (§ 40). Where the Länder or municipalities are affected, their views should be sought before drafting (§ 41).

The lead ministry (federführendes Ressort) writes a draft at working level, the Referentenentwurf. It must involve every ministry whose remit is affected early in the work (§ 45(1)); the Interior and Justice ministries check constitutional questions, and the Justice ministry conducts the legal and drafting review (§ 46). The National Regulatory Control Council examines compliance costs. The Länder, municipal associations and interest groups are consulted (§ 47).

Rule: the final review period for the participating ministries is normally four weeks, extendable to eight for complex drafts (§ 50). While disagreements persist, the lead ministry may not take binding decisions that require the others' agreement (§ 19(2)).

The cabinet, which usually meets on Wednesdays, adopts the draft as a government bill. Items that have been fully agreed are typically passed without discussion. The cover letter must state whether the Bundesrat's consent is required, confirm the legal review, set out costs for the federation, Länder and municipalities, and list any remaining dissenting views (§ 51).

Rule: once adopted, the government bill is represented uniformly by all ministries, including in parliament (§ 52).

Government bills go first to the Bundesrat, which normally has six weeks to comment (Art. 76(2) GG); the government can reply with a counter-statement (§ 53). The Bundestag then deliberates in three readings, with the detailed work done in committees. After the Bundestag's vote, the Bundesrat considers the law a second time (Art. 77 GG): for consent laws it must approve; for objection laws it can call the Mediation Committee and lodge an objection that the Bundestag may override.

Rule: a law is passed when the Bundestag and, where required, the Bundesrat have agreed (Art. 78 GG). The Federal President signs it and it is published in the Federal Law Gazette (Art. 82 GG).

Most federal laws are executed by the Länder as their own affair (Art. 83 GG), through state ministries, districts and municipalities; others by federal agencies. Implementation often requires ordinances (Art. 80 GG) and administrative rules, and is followed up by the lead ministry, by evaluation clauses and by parliamentary scrutiny.

Rule: where federal ordinances need Bundesrat consent, a further round of federal–state coordination follows.