Duties And Functions
Duties and functions
The degree of power actually conferred upon the president by the Basic Law is ambiguous.[6] However, in practice, holders of the office treat it as a largely ceremonial one and act with the advice of the Federal Government. Unlike many constitutions, the Basic Law does not designate the head of state as the commander-in-chief of the military (ceremonially or otherwise). This role is vested in times of peace in the Minister of Defense, going to the Chancellor rather than the president in times of war, by Article 65a. Nevertheless Germany cannot declare a state of war without the approval of the president.[7] The president carries out the following duties:
Appointment of the Federal Government
The president proposes an individual as Federal Chancellor and then, provided he or she is subsequently elected by the Bundestag, appoints him or her to the office. However, the Bundestag is free to disregard the president's proposal and elect another individual to the post, whom the president is then obliged to appoint. The president appoints and dismisses the remaining members of the Federal Government "upon the proposal of the Chancellor." The president can dismiss the Chancellor, but only in the event that the Bundestag passes a Constructive Vote of No Confidence.[8] If this occurs, the president must dismiss the chancellor and appoint the successor requested by the Bundestag.[8]
Other appointments
The president appoints federal judges, federal civil servants and military officers. All such appointments require the counter-signature of either the chancellor or the relevant cabinet minister.[9]
Dissolution of the Bundestag
In the event that the Bundestag elects an individual for the office of chancellor by a plurality of votes, rather than a majority, the president can, at his or her discretion, either appoint that individual as chancellor or dissolve the Bundestag, triggering a new election. In the event that a vote of confidence is defeated in the Bundestag, and the incumbent chancellor proposes a dissolution, the president may, at his discretion, dissolve the body within 21 days. As of 2010, this power has only been applied three times in the history of the Federal Republic. In all three occurrences it is doubtful whether the motives for that dissolution were in accordance with the constitution's intentions. Each time the incumbent chancellor called for the vote of confidence with the stated intention of being defeated, in order to be able to call for new elections before the end of their regular term, as the Basic Law does not give the Bundestag a right to dissolve itself. The most recent occurrence was on 1 July 2005, when Chancellor Gerhard Schröder asked for a vote of confidence, which was defeated.[10]
Promulgation of the law
All federal laws must, after counter-signature, be signed by the president before they can come into effect.[11] Upon signing, the president has to check if the law was passed according to the order mandated by the constitution and/or if the content of the law is constitutional. If not, he or she has the right (and, some argue, the duty) to refuse to sign the law. This has happened rather rarely. In Art. 82 the constitution does not explicitly rule out that the president can even refuse to sign a law merely because he disagrees with its content, i.e. that he has a power of veto, but no president since World War II has ever used this theoretically given veto power. In any case, the presidents have only refused to sign laws that they believed to violate the constitution.
Foreign relations
The president represents Germany in the World (Art. 59 Basic Law), holds foreign visits and receives foreign dignitaries. He or she also concludes treaties with foreign nations (which do not come into effect until affirmed by the Bundestag), accredits German diplomats and receives the letters of accreditation of foreign diplomats.
Pardons and honours
The president may grant pardons if the person concerned had been convicted under federal jurisdiction and also confers decorations and honours.
State of legislational emergency
In the event of a national crisis, the emergency law reforms of 1968 designate the president as a mediator. If the Bundestag rejects a motion of confidence, but neither a new chancellor is elected nor the Bundestag is dissolved, the president may, by request of the cabinet, declare a "legislative state of emergency", which is quite different from a conventional state of emergency: If it is declared, during a limited period of time, bills proposed by the cabinet and designated as "urgent", but rejected by the Bundestag, become law nonetheless, if the Bundesrat does pass them. But the legislative state of emergency does not suspend basic human rights nor does it grant the executive branch any exceptional power. Such an emergency has never been declared.
