Ministry for Domestic Affairs

The Legislative Process

Three state organs make up the legislative triangle—the two parliamentary bodies and the Chancellor. The Reichsrat (Council of the Realm) is the upper house of parliament. The lower house is the Assembly of the Republic.

Introducing Legislation

Any member of the legislative triangle may propose subjects for legislation. Proposed legislation must be considered for a bill. Only the Assembly can author bills. The Assembly can decline to write a bill by simple majority vote for legislation proposed by its members but must have two-thirds majority vote to decline to author legislation suggested by the Council. A bill must be drafted for subjects proposed by the Chancellor. If the Assembly fails to take action on a legislative proposal, the Chancellor must disolve the Assembly. In such a case, the Chancellor exercises universal rule until a new Assembly can be elected.

Neither the Chancellor or Council may influence the Assembly in the wording of a bill being written. Once written, the Assembly must approve the bill by simple majority vote. If the bill is not approved, it must be rewritten. This process continues until a bill is approved.

Once a bill is approved, it automatically passes to the Council unless the Assembly votes to withdraw it. Bills suggested by the Assembly may be withdrawn by simple majority vote. Two-thirds majority vote is required to withdraw bills suggested by the Council. TO withdraw a bill suggested by the Chancellor, the Assembly must achieve a five-sixths majority vote.

Reviewing Legislation

Within thirty days, the Council must review a bill it receives from the Assembly and accept it or reject it. In either case, the Council normally attaches recommendations and comments. If the Council accepts or fails to act on a bill, it passes to the Chancellor. The Council accepts bills by simple majority vote. Bills suggested by the Assembly may be rejected by simple majority vote of the Council. To reject a bill it suggested, the Council needs a two-thirds majority vote. The Council rejects a bill suggested by the Chancellor only with a five-sixths majority vote.

A bill rejected by the Council returns to the Assembly. The Assembly may pass the bill on to the Chancellor by a three-fourths majority vote. The wording of such a bill and any attached recommendations or comments must remain intact. Otherwise the Assembly may either rewrite the bill and resubmit it to the legislative process or it can let the bill die.

Chancellor's Actions

Bills reaching the Chancellor meet one of three fates within sixty days. If the Chancellor abstains from action (called the "pocket veto"), the bill is returned to the Assembly. The Assembly can, then, either let the bill die or make changes and resubmit it to the legislative process. In practice, the Chancellor may return a bill to the Assembly with or without recommendations and comments using the "expedited pocket veto." This has come about to offset the stipulation in the Basic Law that prohibits further legislative action on a bill that the Chancellor has explicitly vetoed.

When the Chancellor explicitly vetoes a bill, the second fate, the bill is dead and cannot be reintroduced for one year. This does not prevent the Assembly from introducing new legislation on the same subject, however.

In the third possibility, the Chancellor signs the bill into law. The Chancellor then promulgates the law and it takes effect in thirty days unless the legislation provides otherwise.

Related Content

> The Basic Law

> Elections in Schwerdt

> Parliament

Quick Links

> Chancellor and Marshall of the Realm

> Council of the Realm

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Updated 20 Dec 14 by
Schwerdt News Service

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