The Bundesrat
(upper house of parliament)

The Basic Law provides that the Bundesrat has the right of: 

• "First say" on these government bills. It is entitled to "state its views" on such draft legislation within six weeks, or in certain cases within three or nine weeks. 

• The Bundesrat always exercises this right to a first reading. It subjects the draft legislation to technical, financial and political analysis, as well as considering it in terms of constitutional law. 

• Amendments, additions or alternatives are often proposed, but only rarely is draft legislation rejected completely. 

• At this stage of the legislative process the view of the Bundesrat is not yet binding on the Federal Government, which responds by making its own counter-observations in writing. 

• The bill, the Bundesrat's view and the government's counter-observations then all go to the Bundestag, which decides whether it wishes to adopt the bill - with or without the amendments proposed by the Bundesrat - and pass it into law.

• The Bundesrat considers whether the bill passed to it by the Bundestag takes account of the view it expressed in the first passage or whether other amendments have been made.

•  If the Bundesrat is unable to accept a bill in the form in which it has been passed by the Bundestag, it may convoke the Mediation Committee by a majority vote to that effect within three weeks. The convocation resolution may relate either quite specifically to a few limited contentious points, or to a bill's entire political objective.

• Deciding on Bills Requiring Bundesrat Consent ("Consent Bills")

• Involvement in Objections to Laws Passed by the Bundestag ("Objection Bills")

• The Bundesrat has the right to introduce bills of its own.

• Legal ordinances; Rules with general validity (e.g. traffic regulations) which are enacted by the Federal Government rather than the Bundestag.

• Assent to General Administrative Regulations.

• To be involved in European Union affairs.

• Involvement in Foreign Affairs

• The Federal Government is obliged by the Basic Law to keep the Bundesrat constantly informed of all government business, its legislative and administrative plans, the general political situation and its foreign and defense policy.

• The Bundesrat elects half the members of the Federal Constitutional Court. It may state its views on proceedings before the Constitutional Court and indeed initiate such proceedings itself.
• The Bundesrat appoints representatives to the administrative board of the Federal Labour Office and to other public bodies.
• It has the right to propose and approve candidates for a number of offices (e.g. Federal Prosecutor and presidents of state central banks).
• If the Federal Chancellor no longer has the confidence of the Bundestag the Federal Government may enact laws with the consent of the Bundesrat.
• The Bundesrat also has supervisory responsibilities in the event of states of emergency and natural disasters.