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Territorial reform is sometimes propagated by the richer states as a means to avoid or reduce fiscal transfers. To date, the only successful reform was the merger of the states of Baden, Württemberg-Baden, and Württemberg-Hohenzollern to form the new state of Baden-Württemberg in Article 29 reflects a debate on territorial reform in Germany that is much older than the Basic Law.
The Holy Roman Empire was a loose confederation of large and petty principalities under the nominal suzerainty of the emperor.
Approximately states existed at the eve of the French Revolution in Territorial boundaries were essentially redrawn as a result of military conflicts and interventions from the outside: from the Napoleonic Wars to the Congress of Vienna , the number of territories decreased from about to 39; in Prussia annexed the sovereign states of Hanover , Nassau , Hesse-Kassel , and the Free City of Frankfurt ; the last consolidation came about under Allied occupation after The debate on a new delimitation of the German territory started in as part of discussions about the new constitution.
Hugo Preuss , the father of the Weimar Constitution , drafted a plan to divide the German Reich into 14 roughly equal-sized states. His proposal was turned down due to opposition of the states and concerns of the government.
Article 18 of the constitution enabled a new delimitation of the German territory but set high hurdles: "Three fifth of the votes handed in, and at least the majority of the population are necessary to decide on the alteration of territory".
In fact, until there were only four changes in the configuration of the German states: The 7 Thuringian states were merged in , whereby Coburg opted for Bavaria , Pyrmont joined Prussia in , and Waldeck did so in Any later plans to break up the dominating Prussia into smaller states failed because political circumstances were not favourable to state reforms.
After the Nazi Party seized power in January , the Länder increasingly lost importance. They became administrative regions of a centralised country.
In , the military governors of the three Western Allies handed over the so-called Frankfurt Documents to the minister-presidents in the Western occupation zones.
Among other things, they recommended revising the boundaries of the West German states in a way that none of them should be too large or too small in comparison with the others.
As the premiers did not come to an agreement on this question, the Parliamentary Council was supposed to address this issue. Its provisions are reflected in Article There was a binding provision for a new delimitation of the federal territory: the Federal Territory must be revised paragraph 1.
Moreover, in territories or parts of territories whose affiliation with a Land had changed after 8 May without a referendum, people were allowed to petition for a revision of the current status within a year after the promulgation of the Basic Law paragraph 2.
If at least one tenth of those entitled to vote in Bundestag elections were in favour of a revision, the federal government had to include the proposal into its legislation.
Then a referendum was required in each territory or part of a territory whose affiliation was to be changed paragraph 3.
The proposal should not take effect if within any of the affected territories a majority rejected the change. In this case, the bill had to be introduced again and after passing had to be confirmed by referendum in the Federal Republic as a whole paragraph 4.
The reorganization should be completed within three years after the Basic Law had come into force paragraph 6. In their letter to Konrad Adenauer , the three western military governors approved the Basic Law but suspended Article 29 until such time as a peace treaty should be concluded.
Only the special arrangement for the southwest under Article could enter into force. In southwestern Germany, territorial revision seemed to be a top priority since the border between the French and American occupation zones was set along the Autobahn Karlsruhe-Stuttgart-Ulm today the A8.
Article stated "The division of the territory comprising Baden, Württemberg-Baden and Württemberg-Hohenzollern into Länder may be revised, without regard to the provisions of Article 29, by agreement between the Länder concerned.
If no agreement is reached, the revision shall be effected by a federal law, which shall provide for an advisory referendum. On 25 April , the three former states merged to form Baden-Württemberg.
With the Paris Agreements , West Germany regained limited sovereignty. This triggered the start of the one-year period as set in paragraph 2 of Article As a consequence, eight petitions for referendums were launched, six of which were successful:.
The last petition was originally rejected by the Federal Minister of the Interior in reference to the referendum of However, the Federal Constitutional Court of Germany ruled that the rejection was unlawful: the population of Baden had the right to a new referendum because the one of had taken place under different rules from the ones provided for by article In particular, the outcome of the referendum did not reflect the wishes of the majority of Baden's population.
The two Palatine petitions for a reintegration into Bavaria and integration into Baden-Württemberg failed with 7. Further requests for petitions Lübeck, Geesthacht, Lindau, Achberg, and 62 Hessian communities had already been rejected as inadmissible by the Federal Minister of the Interior or were withdrawn as in the case of Lindau.
The rejection was confirmed by the Federal Constitutional Court in the case of Lübeck. The rejection of the plan by the Saarlanders was interpreted as support for the Saar to join the Federal Republic of Germany.
On October 27, , the Saar Treaty established that Saarland should be allowed to join Germany, as provided by the Grundgesetz constitution art.
Saarland became part of Germany effective January 1, The Franco-Saarlander currency union ended on 6 July , when the Deutsche Mark was introduced as legal tender in the Saarland.
Paragraph 6 of Article 29 stated that, if a petition was successful, a referendum should be held within three years. Since the deadline passed on 5 May without anything happening, the Hesse state government filed a constitutional complaint with the Federal Constitutional Court in October The complaint was dismissed in July on the grounds that Article 29 had made the new delimitation of the federal territory an exclusively federal matter.
At the same time, the Court reaffirmed the requirement for a territorial revision as a binding order to the relevant constitutional bodies. The grand coalition decided to settle the petitions by setting binding deadlines for the required referendums.
The referendums in Lower Saxony and Rhineland-Palatinate were to be held by 31 March , and the referendum in Baden was to be held by 30 June The threshold for a successful vote was set at one-quarter of those entitled to vote in Bundestag elections.
Paragraph 4 stated that the vote should be disregarded if it contradicted the objectives of paragraph 1. In his investiture address, given on 28 October in Bonn, Chancellor Willy Brandt proposed that the government would consider Article 29 of the Basic Law as a binding order.
An expert commission was established, named after its chairman, the former Secretary of State Professor Werner Ernst. After two years of work, the experts delivered their report in It provided an alternative proposal for the two regions: the north and center-southwest.
In the north, either a single new state consisting of Schleswig-Holstein, Hamburg, Bremen and Lower Saxony should be created solution A or two new states, one in the northeast consisting of Schleswig-Holstein, Hamburg and the northern part of Lower Saxony from Cuxhaven to Lüchow-Dannenberg and one in the northwest consisting of Bremen and the rest of Lower Saxony solution B.
In the center and southwest, one alternative was that Rhineland-Palatinate with the exception of the Germersheim district but including the Rhine-Neckar region should be merged with Hesse and the Saarland solution C , the district of Germersheim would then become part of Baden-Württemberg.
The other alternative was that the Palatinate including the region of Worms could be merged with the Saarland and Baden-Württemberg, and the rest of Rhineland-Palatinate would then merge with Hesse solution D.
At the same time the commission developed criteria for classifying the terms of Article 29 Paragraph 1. The capacity to perform functions effectively was considered most important, whereas regional, historical, and cultural ties were considered as hardly verifiable.
To fulfill administrative duties adequately, a population of at least five million per state was considered as necessary.
After a relatively brief discussion and mostly negative responses from the affected states, the proposals were shelved.
Public interest was limited or nonexistent. The referendum in Baden was held on 7 June The referendums in Lower Saxony and Rhineland-Palatinate were held on 19 January the percentages given are the percentages of those eligible who voted in favour :.
The justification was that a reconstitution of the two former states would contradict the objectives of paragraph 1 of article 29 of the constitution.
An appeal against the decision was rejected as inadmissible by the Federal Constitutional Court. On 24 August , the binding provision for a new delimitation of the federal territory was altered into a mere discretionary one.
Paragraph 1 of Article 29 was rephrased, with the provision that any state had to be "of a size and capacity to perform its functions effectively" put first.
The debate on territorial revision restarted shortly before German reunification. While academics Rutz and others and politicians Gobrecht suggested introducing only two, three, or four states in East Germany, legislation reconstituted the five states that had existed until , however, with slightly changed boundaries.
Article a was introduced into the Basic Law and provided the possibility for Berlin and Brandenburg to merge "without regard to the provisions of Article 29, by agreement between the two Länder with the participation of their inhabitants who are entitled to vote".
Article 29 was again modified and provided an option for the states to "revise the division of their existing territory or parts of their territory by agreement without regard to the provisions of paragraphs 2 through 7 ".
Germany is a federal, parliamentary, representative democratic republic. The German political system operates under a framework laid out in the constitutional document known as the Grundgesetz Basic Law.
By calling the document the Grundgesetz , rather than Verfassung constitution , the authors expressed the intention that it would be replaced by a true constitution once Germany was reunited as one state.
Amendments to the Grundgesetz generally require a two-thirds majority of both chambers of the parliament; the fundamental principles of the constitution, as expressed in the articles guaranteeing human dignity, the separation of powers, the federal structure, and the rule of law are valid in perpetuity.
Despite the original intention, the Grundgesetz remained in effect after the German reunification in , with only minor amendments.
The Basic Law of the Federal Republic of Germany , the federal constitution , stipulates that the structure of each Federated State's government must "conform to the principles of republican, democratic, and social government, based on the rule of law" Article Most of the states are governed by a cabinet led by a Ministerpräsident minister-president , together with a unicameral legislative body known as the Landtag State Diet.
The minister-president is typically the head of the biggest party of a coalition. The minister-president appoints a cabinet to run the state's agencies and to carry out the executive duties of the state's government.
Like in other parliamentary systems, the legislature can dismiss or replace the minister-president after a successful no-confidence vote. The governments in Berlin , Bremen and Hamburg are the " senates ".
In the three free states of Bavaria , Saxony , and Thuringia , the government is the "state government" Staatsregierung ; and in the other ten states, the "Land government" Landesregierung.
Before January 1, , Bavaria had a bicameral parliament, with a popularly elected Landtag , and a Senate made up of representatives of the state's major social and economic groups.
The Senate was abolished following a referendum in The states of Berlin, Bremen, and Hamburg are governed slightly differently from the other states.
In each of those cities, the executive branch consists of a Senate of approximately eight, selected by the state's parliament; the senators carry out duties equivalent to those of the ministers in the larger states.
The equivalent of the minister-president is the Senatspräsident president of the senate in Bremen, the Erster Bürgermeister first mayor in Hamburg, and the Regierender Bürgermeister governing mayor in Berlin.
The parliaments in the remaining 13 states are referred to as Landtag State Parliament. The city-states of Berlin and Hamburg are subdivided into boroughs.
The City of Bremen consists of two urban districts : Bremen and Bremerhaven , which are not contiguous. In the other states there are the following subdivisions:.
The most populous state of North Rhine-Westphalia is uniquely divided into two area associations Landschaftsverbände , one for the Rhineland , and one for Westphalia - Lippe.
This arrangement was meant to ease the friction caused by uniting the two culturally different regions into a single state after World War II.
The Landschaftsverbände now have very little power. From until , Saxony was divided into three districts called Direktionsbezirke since The state Free Hanseatic City of Bremen consists of two urban districts, while Berlin and Hamburg are states and urban districts at the same time.
As of , there are Landkreise and Kreisfreie Städte , making districts altogether. Each consists of an elected council and an executive, which is chosen either by the council or by the people, depending on the state, the duties of which are comparable to those of a county executive in the United States , supervising local government administration.
The Landkreise have primary administrative functions in specific areas, such as highways, hospitals, and public utilities.
Local associations of a special kind are an amalgamation of one or more Landkreise with one or more Kreisfreie Städte to form a replacement of the aforementioned administrative entities at the district level.
They are intended to implement simplification of administration at that level. Typically, a district-free city or town and its urban hinterland are grouped into such an association, or Kommunalverband besonderer Art.
Such an organization requires the issuing of special laws by the governing state, since they are not covered by the normal administrative structure of the respective states.
Ämter "offices" or "bureaus" : In some states there is an administrative unit between the districts and the municipalities, called Ämter singular Amt , Amtsgemeinden , Gemeindeverwaltungsverbände , Landgemeinden , Verbandsgemeinden , Verwaltungsgemeinschaften , or Kirchspiellandgemeinden.
Municipalities Gemeinden : Every rural district and every Amt is subdivided into municipalities, while every urban district is a municipality in its own right.
Cities and towns are municipalities as well, also having city rights or town rights Stadtrechte. Nowadays, this is mostly just the right to be called a city or town.
However, in former times there were many other privileges, including the right to impose local taxes or to allow industry only within city limits.
The number of inhabitants of German municipalities differs greatly, the most populous municipality being Berlin with nearly 3. The municipalities are ruled by elected councils and by an executive, the mayor, who is chosen either by the council or directly by the people, depending on the state.
The "constitution" for the municipalities is created by the states and is uniform throughout a state except for Bremen, which allows Bremerhaven to have its own constitution.
The municipalities have two major policy responsibilities. First, they administer programs authorized by the federal or state government.
Such programs typically relate to youth, schools, public health, and social assistance. Second, Article 28 2 of the Basic Law guarantees the municipalities "the right to regulate on their own responsibility all the affairs of the local community within the limits set by law.
For instance, many municipalities develop and expand the economic infrastructure of their communities through the development of industrial trading estates.
Local authorities foster cultural activities by supporting local artists, building arts centres , and by holding fairs.
Local government also provides public utilities, such as gas and electricity, as well as public transportation.
The majority of the funding for municipalities is provided by higher levels of government rather than from taxes raised and collected directly by themselves.
In five of the German states, there are unincorporated areas , in many cases unpopulated forest and mountain areas, but also four Bavarian lakes that are not part of any municipality.
As of January 1, , there were such areas, with a total area of Only four unincorporated areas are populated, with a total population of about 2, The following table gives an overview.
In , the number of unincorporated areas was , with a total area of 4, However, the unincorporated areas are continually being incorporated into neighboring municipalities, wholly or partially, most frequently in Bavaria.
From Wikipedia, the free encyclopedia. First-level administrative subdivisions of the Federal Republic of Germany. This article is about the states of modern Germany.
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