In practice, most bills are introduced by the Federal Government or drawn up as drafting guidance for the majority parliamentary groups.

Federal Government bills are first submitted to the Bundesrat for its comments. The bills are then introduced in the Bundestag together with the Bundesrat’s comments and the Federal Government’s response to the comments. Bundesrat bills are submitted to the Bundestag by the Federal Government, which has this opportunity to state its own views (Article 76 (3) of the Basic Law).

According to Article 77 (1) of the Basic Law, federal laws are adopted by the Bundestag and then submitted to the Bundesrat. The Bundestag discusses bills thoroughly in three sessions (readings). Between readings, the bills are discussed in the relevant Bundestag committees.

Involvement of the Bundesrat

The role of the Bundesrat depends on whether the bill in question requires the consent of the Bundesrat to become law (Article 77 (2) and (2a) of the Basic Law) or not (Article 77 (2), (3) and (4) of the Basic Law). If the bill requires the Bundesrat’s consent, the Bundesrat can prevent the bill from becoming law by denying its consent. If the bill does not require its consent, the Bundesrat can only prevent it from becoming law if its objection is not overruled by the Bundestag with the necessary majority (see Article 77 (3) and (4) of the Basic Law). The Basic Law enumerates which bills require the Bundesrat’s consent.

If the Bundesrat does not agree to bills which require its consent, the Bundesrat, the Bundestag or the Federal Government may demand that the Mediation Committee be convened. The Mediation Committee is made up of 16 representatives from the Bundestag and 16 from the Bundesrat. If the Bundesrat wishes to object to a bill which does not require its consent, the Mediation Committee must be convened before the Bundesrat can lodge its objection. The Committee’s task is to find a compromise which both the Bundestag and the Bundesrat can agree on. If both the Bundesrat and Bundestag agree to the Committee’s proposals, the law is considered adopted in the version proposed by the Mediation Committee.

Signing by the Federal President

After it has been countersigned by the Federal Government, a federal law passed in accordance with Article 78 of the Basic Law is signed by the Federal President and published in the Federal Law Gazette. The Federal President has the right to examine whether the law in question was adopted in conformity with the Basic Law and whether it complies with the constitution.