The Basic Law devotes an entire chapter to the role of the Federal
President but the duties of the "first man of the state" both
at home and abroad go far beyond those bestowed upon him by the
constitution. The titles "supreme federal notary",
"first representative of the State" and "figure of
integration" all describe aspects of the role of the Federal
President.
The Federal President as head of state occupies the leading position. He
is the constitutional organ, which represents the Federal Republic of
Germany both at home and abroad. He does so by making the state - its
existence, legitimacy, legality and unity - perceptible in all he does
and in every public appearance. This highlights his role as a figure of
integration and his monitoring function in his capacity as guardian of
the law and the constitution. Furthermore the Federal President has
fall-back powers which he can use if the parliamentary system of
government is in a crisis situation. The tasks and powers of the Federal
President are considerably less than the powers, which the President of
the Reich enjoyed under the Weimar constitution.
Towards
the end of the Weimar Republic President von Hindenburg used his powers
to disastrous effect. The Parliamentary Council thus drew the conclusion
that the political powers of the Federal President should be strictly
limited. Thus he cannot appoint the Chancellor single-handedly, nor
deliver "emergency decrees", nor does he have command of the
armed forces.
There
is more to the powers of the Federal President than a mere comparison
with those of the President of the Reich highlights.
Rather
the role itself has been remodeled by the Basic Law and is defined first
and foremost with regard to the other constitutional organs (German
Bundestag, Bundesrat, Federal Government and the Federal Constitutional
Court)
The
classic functions, which the Federal President as head of state
performs, include:
- representing
the Federal Republic of Germany at home and abroad (public
appearances at state, social and cultural events, speeches, visits
to the Länder and communities, state visits abroad, receiving
foreign state visitors),
- representing
the Federal Republic of Germany in terms of international law ,
concluding treaties with foreign states, accrediting (appointing)
German diplomatic envoys and receiving (accepting the letter of
accreditation of) foreign diplomats.
His
other important tasks include:
- proposing
the Federal Chancellor for election
- appointing
and dismissing the Federal Chancellor and the Federal
Ministers, - dissolving the Bundestag
- promulgating
(signing) and publicizing laws
- appointing
and dismissing federal judges, federal civil servants, commissioned
and non-commissioned officers, exercising the power to pardon on
behalf of the Federation.
-
The Federal
President is the only constitutional organ, which is made up of just
one person.
-
It
is normal practice for the head of state to refrain from making
public statements on current political issues, which are the subject
of dispute between the parties.
-
His
non-partisanship and detachment from day-to-day politics enables him
to help resolve differences, break down prejudices, voice the
interests of the citizens, influence the public debate, express
criticism and make suggestions and proposals.
How
the Federal President is elected:
-
The Federal
President is elected by the Federal Convention, which consists of the
members of the Bundestag and an equal number of members from the Land
parliaments who are elected on the basis of proportional
representation that is in relation to the strength of the parties
represented in the Land parliaments. The election of the Federal
President is the sole function of this body.
-
The
Federal President has to be German, be entitled to vote in Bundestag
elections and have attained the age of forty.
-
The
term of office is five years.
-
Re-election
for a consecutive term is permitted only once.
-
The
Federal President may not be a member of the government or of a
legislative body of the Federation or of a Land.
-
His
role is incompatible with the exercising of any other salaried office,
or the engaging in any trade or profession, but not with the holding
of such an office.
-
He
may not belong to the management or supervisory board of any
enterprise conducted for profit
-
On
assuming his office, the Federal President takes an oath before the
assembled members of the Bundestag and the Bundesrat.
-
During
his term of office, he enjoys immunity although the state is entitled
to impose punishment.
-
He
is during this time exempt from any criminal proceedings and other
restriction of the personal freedom and from the initiation of any
proceedings. The reason for this is not the personal interest of the
officeholder but his ability to exercise his role freely.
The mandate of
the Federal President draws to a close with the expiry of his term of
office, in case of death or premature ending by renunciation, loss of
eligibility or a loss of office in accordance with the procedure laid down
in Article 61 of the Basic Law.
This
provision governs the impeachment by the Federal Constitutional Court at
the request of the Bundestag or the Bundesrat, if it is established that
the Federal President is guilty of a willful violation of the Basic Law or
any other federal law. There is no provision for a voting out procedure.
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