FAQ
As of: 09/27/2021 8:19 a.m.
The coalition negotiations will likely take a while, as will the election of the new Federal Chancellor. The Basic Law states which rules apply for the transition period. An overview.
When does the electoral term of the “old” Bundestag end exactly?
The Bundestag is elected for four years. In Article 39, Paragraph 1, Clause 2 of the Basic Law it says: “His electoral term ends with the convening of a new Bundestag.” Decisive for the transition from the “old” to the “new” Bundestag is not the election day, but the constituent session of the new Bundestag. Until then, the previous MPs have their mandate, and Angela Merkel is the elected Chancellor.
By when does the new Bundestag have to meet for the first time?
“The Bundestag meets no later than the 30th day after the election,” says Article 39, Paragraph 2 of the Basic Law.
What are the consequences of the “constituent session” of the Bundestag?
The previous MPs lose their mandate, the new ones take up their mandate. Merkel’s term of office as Chancellor and that of her ministers will then formally come to an end. Because Article 69 paragraph 2 of the Basic Law regulates: “The office of the Federal Chancellor ends in each case with the meeting of a new Bundestag, the office of a Federal Minister also with every other execution of the office of the Federal Chancellor.”
Who is in charge of government until the new Federal Chancellor is elected?
This is what the “old” government does after the first session of the new Bundestag. She remains executive in office. Article 69 paragraph 3 of the Basic Law reads: “At the request of the Federal President, the Federal Chancellor, or at the request of the Federal Chancellor or the Federal President, a Federal Minister is obliged to continue business until his successor is appointed.” The fact that the Federal President makes this request to continue business is a pure formality.
Is there a deadline for the election of Chancellor?
No, there is nothing about that in the Basic Law. There is therefore no absolute “deadline” for the election of a head of government by the Bundestag. Article 63 (1) of the Basic Law simply states: “The Federal Chancellor is elected without debate on the proposal of the Federal President.”
The Federal President therefore has the formal right to propose the candidate. In doing so, he will orient himself on the results of the coalition negotiations. In the comments on the Basic Law it can be read that the Federal President should make his proposal within a “reasonable” period. The more difficult the coalition negotiations, the longer the deadline should be considered “reasonable”.