2.3 The State Level of the Political System80

In keeping with the federal principle of government, the states have their own constitutions and territories, as well as independent state power encompassing legislature, executive, and judiciary.81 The federal principle is among the inviolable constitutional principles in Germany. However, the number and boundaries of states can be modified. The national territory can be reorganised pursuant to the Basic Law.82 The creation of economically more efficient, larger states by restructuring the constitutive states of the Federation has therefore been a constant subject of discussion in Germany. The only measure so far taken in this direction has been to form the state of Baden-Württemberg from three smaller states (1952).83
The 16 states differ widely in population and size of territory. Whereas the three most populous states (North Rhine-Westphalia, Bavaria, and Baden-Württemberg) all have a population of well over 10 million, the city states of Bremen and Hamburg, as well as the non-city states of Mecklenburg-West Pomerania and Saarland have fewer than 2 million. The territory of the smallest non-city state, Saarland, is only 4% the size of the largest, Bavaria.
The states perform the governmental functions assigned to them by the Basic Law and the state constitution. The focus of their activities is in the administrative field84 and in their contribution to federal legislation, which they provide through the Bundesrat in respect of laws requiring the assent of the states.85
From the constitutional point of view, local authorities form part of the states. The local government level, which is extremely important with regard both to its constitutional status ("local self-government") and its actual significance, for instance in the field of spatial planning ("local planning autonomy"), is dealt with in chapter 3.4.

Landtag (State Diet)
The legislative body of a state is the state parliament (known as Landtag in non-city states, as Bürgerschaft in the city states of Bremen and Hamburg, and Abgeordnetenhaus in Berlin).86 The states have the right to legislate unless the Basic Law grants the Federation exclusive legislative powers or the Federation fails to exercise its right of concurrent legislation (cf. details in chapter 2.2.1).
The state parliament is the representative assembly in the state. It is the only government institution that has direct, democratic legitimacy, in that it is elected by the people. Apart from legislation, the Landtag has the task of electing the Minister President and supervising the exercise of executive power by the state government.

Landesregierung (State Government)
The governments of the states (termed Landesregierung, except in Bavaria, Saxony, and Thuringia, where they are called Staatsregierung and in the city states of Berlin, Bremen, and Hamburg where the name is Senat) consist of the Minister President (Ministerpräsident) and the ministers. The Minister President - or Governing Mayor (Regierender Bürgermeister) in the city states Bremen, Hamburg, and Berlin - is elected by the state parliament.87 The Minister President / Governing Mayor is responsible for appointing and dismissing ministers, in some states with the assent of state parliament. Every state has a minister whose portfolio includes spatial and state spatial planning.

State Courts and Tribunals
State court systems usually have several tiers: e.g., ordinary courts: local court, regional court, higher regional court; or administrative courts: administrative court, higher administrative court.



  


80 The common structure of the COMMIN Project provides for a description of the “regional level” of the political system in chapter 2.3. It should be noted that the states (Bundesländer, Länder) are regions for European purposes (e.g., as EFRE programme areas (NUTS 1)), but, unlike regions in other European countries, they possess statehood, so that in German linguistic usage they cannot be referred to as regions. However, the concept Region is used in Germany for the planning areas subject to regional planning. These planning regions are situated between states and counties. There are considerable differences in their territorial extent and definition between the states (see chapter 3.4).
81 Cf. Katz, Staatsrecht, Rn. 70, 28.
82 Cf. Badura, D Rn. 71, 339 f.
83 Cf. Badura, D Rn. 71, 339 f.
84 Cf. Stein/Götz, Staatsrecht, 109.
85 Cf. Badura, Staatsrecht, F Rn. 50, 566.
86 Cf. Stein/Götz, Staatsrecht, 142.
87 Cf. Stein/Götz, Staatsrecht, 142.