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German Bundesrat

The German Bundesrat (German: [ˈbʊndəsˌʁaːt] , lit.'Federal Council') is a legislative body[a] that represents the sixteen Länder (federated states) of Germany at the federal level (German: Bundesebene). The Bundesrat meets at the former Prussian House of Lords in Berlin. Its second seat is located in the former West German capital of Bonn.

German Federal Council

Deutscher Bundesrat
74th year of business
History
Founded23 May 1949; 74 years ago (1949-05-23)
Leadership
Manuela Schwesig, SPD
since 1 November 2023
First Vice President
Peter Tschentscher, SPD
since 1 November 2023
Second Vice President
Anke Rehlinger, SPD
since 1 November 2023
Structure
Seats69 seats
Elections
Appointment by State Governments
Meeting place
Former chamber of the Prussian House of Lords, Berlin
Website
bundesrat.de

The Bundesrat legislates alongside the Bundestag, which consists of representatives directly elected by the German people. Laws that affect state powers and all constitutional changes need the consent of both houses. For its somewhat similar function, the Bundesrat is sometimes (controversially) described as an upper house of parliament along the lines of the United States Senate, the Canadian Senate, and the British House of Lords.[a]

The name "Bundesrat" was used by similar bodies in the North German Confederation (1867) and the German Empire (1871). The predecessor of the Bundesrat in the Weimar Republic (1919–1933) was the Reichsrat.

The political makeup of the Bundesrat is affected by changes in power in the states of Germany, and thus by elections in each state. Each state delegation in the Bundesrat is essentially a representation of the state government and reflects the political makeup of the governing coalition in each state legislature. Thus, the Bundesrat is a continuous body and has no legislative periods. For organizational reasons, the Bundesrat structures its legislative calendar in years of business (Geschäftsjahre), beginning each year on 1 November. Each year of business is congruous with the one-year-term of the Presidium of the Bundesrat. The sessions have been counted continuously since the first session on 7 September 1949. The Bundesrat's 1000th session took place on 12 February 2021 and was opened with a speech by President of Germany Frank-Walter Steinmeier.

History edit

German Confederation edit

The historical predecessor of the Bundesrat was the Federal Convention (Confederate Diet) of the German Confederation (1815–1848, 1850/1851–1866). That Federal Convention consisted of the representatives of the member states. The first basic law (Bundesakte) of the German Confederation listed how many votes a member state had, for two different formations of the diet. The diet was the only organ – there was no division of powers. The diet was chaired by the Austrian representative.

In the revolution of 1848 the Bundestag transferred its powers to the Imperial Regent[1] and was reactivated only in 1850/1851. Several other attempts to reform the Confederation involved retaining the Bundestag and adding a parliament and a court. One of these attempts, the proposed Reform Act of 1863, had introduced the term Bundesrath. With the dissolution of the Confederation in August 1866,[2] the diet and the federal law ended.

Bundesrat 1867–1918 edit

On July 1, 1867, the North German Confederation was established as a confederal state. The Reichstag, elected by the North German men, was one legislative body. The other one was the Bundesrath (old spelling). This organ was expressly modelled after the old diet.[3] When the Confederation was transformed and renamed Deutsches Reich (German Empire) in 1871, the Bundesrat kept its name.

Whilst appointed by state governments just as today, the delegates of the original Bundesrat—as those of the Reichsrat—were usually high-ranking civil servants, not cabinet members. The original Bundesrat was very powerful; every bill needed its consent, equaling it to the popularly elected Reichstag. It could also, with the Emperor's agreement, dissolve the Reichstag.

Weimar Republic edit

In the revolution of 1918, the revolutionary organ Rat der Volksbeauftragten ("Council of People's Representatives") limited the power of the Bundesrat to its administrative functions. A Staatenausschuss (committee of states) accompanied the reform of Germany but had no official role in installing the new constitution. Under that Weimar Constitution, August 1, 1919, it was replaced by the Reichsrat (1919–1934).

The Reichsrat of the Weimar Republic (1919–1934) had considerably less influence, since it could only veto bills—and even then be overruled by the Reichstag. However, overruling the Reichsrat needed a majority of two-thirds in the Reichstag, which consisted of many parties differing in opinion. So, in most cases, bills vetoed by the Reichsrat failed due to the lack of unity among the Reichstag's constituent parties. The Reichsrat was abolished by the "Law on the Abolition of the Reichsrat" on 14 February 1934, roughly a year after Hitler had come to power.

Seat edit

 
Bundesrat building, Berlin in 2007

From 1894 to 1933, the Bundesrat/Reichsrat met in the same building as the Reichstag, today known as Reichstagsgebäude. After 1949, the Bundesrat gathered in the Bundeshaus in Bonn, along with the Bundestag, at least most of the time. A wing of the Bundeshaus was specially built for the Bundesrat.[citation needed]

In 2000, the Bundesrat moved to Berlin, as the Bundestag had done the year before. The Berlin seat of the Bundesrat is the former Prussian House of Lords building. The Bundesrat wing in Bonn is still used as a second seat.[citation needed]

Composition edit

Historically edit

For the Federal Diet of 1815, the basic law (Bundesakte) established two different formations. In the Plenary, for the most important decisions, every state had at least one vote. The larger states Austria, Prussia, Bavaria, Saxony, Hannover and Württemberg had each four votes, and the lesser states three or two. Of the 39 states, 25 had only one vote.

The North German Confederation was an different entity from the German Confederation, but it can also be regarded as the brainchild of a long lasting reform debate within the German Confederation. The new Bundesrat even referred to the old diet in Article 6, when it redistributed the votes for each states. Prussia, originally with four votes, gained the votes of the states it had annexed in 1866, i.e. Hanover, Hesse-Kassel, Holstein, Nassau, and Frankfurt, totaling 17 votes. The total number of votes in 1867 was 43 votes.

When the South German states joined in 1870/71, the revised federal constitutions allocated new votes for them. Bavaria had six votes, Württemberg four, Baden three, and (the whole of) Hesse-Darmstadt three. The total number went up to 58 votes, and in 1911, with three new votes for Alsace-Lorraine, to 61 votes. The Prussian votes remained 17.

To put the Prussian votes in context: 80% of North Germans lived in Prussia, and after 1871, Prussia made up two thirds of the German population and territory. Prussia was always underrepresented in the Bundesrat.

State Notes Votes
Prussia (including states annexed in 1866) 17
Bavaria 6
Saxony 4
Württemberg 4
Baden 3
Hesse 3
Mecklenburg-Schwerin 2
Brunswick 2
17 other small states each with 1 vote 17
Alsace-Lorraine after 1911 3
Total 61

Weimar Republic edit

The Reichsrat, as a first, had no fixed numbers of votes for the member states. Instead, it introduced the principle that the number depended on the actual number of inhabitants. Originally, states had one vote for every 1 million inhabitants. In 1921, this was reduced to 700,000 inhabitants per vote.

No state was allowed to have more than 40 percent of the votes. This was regarded as a clausula antiborussica, counterbalancing the dominant position of Prussia, which still contained roughly two-thirds of the German population. Also, since 1921, half of the Prussian votes were not cast by the Prussian state government but by the administrations of the Prussian provinces.

For example, of the 63 votes in 1919, Prussia had 25 votes, Bavaria seven, and Saxony five. 12 states had only one vote each.

Today edit

The composition of the Bundesrat is different from other similar legislative bodies representing states (such as the Russian Federation Council or the U.S. Senate). Bundesrat members are not elected—either by popular vote or by the state parliaments—but are delegated by the respective state government. They do not enjoy a free mandate (for example, most parliamentary privileges in the Bundesrat can be exercised only by a Land, not an individual member) and serve only as long as they are representing their state, not for a fixed period of time. Members of the Bundesrat (suffix "MdBR") do however enjoy the same immunity from prosecution that Members of the German Bundestag have. In addition, Members of the Bundesrat have unlimited access to sessions of the Bundestag (where they have their own benches to the left of the President of the Bundestag) and its committees and can address it at any time.[4] The latter right was most famously used in 2002 by then-Hamburg Senator Ronald Schill, who gave an inflammatory speech that was widely denounced.[5]

Normally, a state delegation consists of the Minister-President (called Governing Mayor in Berlin, President of the Senate in Bremen and First Mayor in Hamburg) and other cabinet ministers (called senators in Berlin, Bremen, and Hamburg). State cabinets may appoint as many delegates as the state has votes, and usually do, but may also send a single delegate to exercise all of the state's votes. All other ministers/senators are usually appointed as deputy delegates. In any case, the state has to cast its votes en bloc, i.e., without vote splitting. If Members of the Bundesrat from the same state vote differently, the entire votes of the state are counted as abstention. A famous example of this was a very close vote in 2002 on a new immigration law by the Schröder government, when Deputy Minister-President of Brandenburg Jörg Schönbohm (CDU) cast a no vote and State Minister Alwin Ziel (SPD) cast a yes vote.[6] As state elections are not coordinated across Germany and can occur at any time, the majority distributions in the Bundesrat can change after any such election. Even without a new state election, it is possible that the state parliament installs a new state government because a new state coalition has formed.

The number of votes a state is allocated is based on a form of degressive proportionality according to its population. This way, smaller states have more votes than a distribution proportional to the population would grant. The presence of the small city-states of Bremen, Hamburg, and Berlin prevents the Bundesrat from having the rural and conservative bias of other similar legislative bodies biased in favor of small states. The allocation of votes is regulated by the German constitution (Grundgesetz).[7] All of a state's votes are cast en bloc—either for, against, in abstention of a proposal. Each state is allocated at least three votes, and a maximum of six. States with more than

  • 2 million inhabitants have 4 votes,
  • 6 million inhabitants have 5 votes,
  • 7 million inhabitants have 6 votes.

By convention, SPD-led Länder are summarized as A-Länder, while those with governments led by CDU or CSU are called B-Länder.

Current distribution of votes
State Population[8] Votes Population per vote Governing parties Last election Presidency
Baden-Württemberg 10,879,618 6 1,813,270 Greens, CDU 2021 2028/29
Bavaria 12,843,514 6 2,140,586 CSU, FW 2023 2027/28
Berlin 3,520,031 4 880,008 CDU, SPD 2023 2033/34
Brandenburg 2,484,826 4 621,207 SPD, CDU, Greens 2019 2035/36
Bremen 671,489 3 223,830 SPD, Greens, The Left 2023 2025/26
Hamburg 1,787,408 3 595,803 SPD, Greens 2020 2038/39
Hesse 6,176,172 5 1,235,234 CDU, SPD 2023 2030/31
Lower Saxony 7,926,599 6 1,321,100 SPD, Greens 2022 2029/30
Mecklenburg-Vorpommern 1,612,362 3 537,454 SPD, The Left 2021 current
North Rhine-Westphalia 17,865,516 6 2,977,586 CDU, Greens 2022 2026/27
Rhineland-Palatinate 4,052,803 4 1,013,201 SPD, Greens, FDP 2021 2032/33
Saarland 995,597 3 331,866 SPD 2022 2024/25
Saxony 4,084,851 4 1,021,213 CDU, Greens, SPD 2019 2031/32
Saxony-Anhalt 2,245,470 4 561,368 CDU, SPD, FDP 2021 2036/37
Schleswig-Holstein 2,858,714 4 714,679 CDU, Greens 2022 2034/35
Thuringia 2,170,714 4 542,679 The Left, SPD, Greens 2019 2037/38
Total 82,175,684 69 1,190,952

Voting edit

In contrast to many other legislative bodies, the delegates to the Bundesrat from any one state are required to cast the votes of the state as a single bloc (since the votes are not those of the respective delegate). The delegates are not independent members of the Bundesrat but instructed representatives of the federated states' governments. If the members of a delegation cast different votes then the entire vote of the respective state is invalid. This tradition stems from the 1867 Bundesrat. It is a constitutional requirement.[9]

The delegates of a state are equal to each other in the Bundesrat, hence the minister president has no special rights compared to his ministers. But it is possible (and even customary) that one of the delegates (the Stimmführer, "leader of the votes"—normally the minister president) casts all votes of the respective state, even if the other members of the delegation are present.[citation needed]

Between 1949 and 1990, West Berlin was represented by four members, elected by its Senate, but owing to the city's ambiguous legal status, they did not have voting rights.[10]

Party vetoes for consent laws edit

Veto power over consent laws, Bundesrat as of 27 April 2023 (post-Berlin election)[11]
Party Participation in

Bundesrat seats

CDU/CSU 43 (veto)
SPD 42 (veto)
FDP 8
Greens 49 (veto)
Left 10
FW 6

Because coalition governments are common in the states, states frequently choose to abstain if their coalition cannot agree on a position. Abstaining has the same effect as voting against a proposal, as every Bundesrat decision requires an majority of seats (i.e., 35) in favour, not just a majority of votes cast or a majority of delegates present.

For laws which require explicit Bundesrat consent (Zustimmungsgesetze, consent laws) these abstentions mean that several political parties represented in the Bundesrat possess a de facto veto on legislation, as they can block the votes of 35 or more seats.[12]

During the 2021-2025 traffic light coalition, two of the three government parties held such a veto (SPD and Greens, not the FDP), as well as the opposition CDU/CSU, leading to a de facto four-way coalition.[13] For the 16 years prior under chancellor Angela Merkel, the Greens held such a veto, and used it to prop up the price of emissions certificates.[14]

Due to the opposition's veto threat, the government seeks prior approval of the opposition with veto power. If an agreement fails, the government tends to shelve laws to avoid appearing incapable of acting. This legislative self-restraint of the federal government shows up in empirical analysis of federal legislation.[13][15]

Consent laws constitute the majority of politically important laws, and one third overall.[16]

Presidency edit

Originally from 1867 to 1918, the Bundesrat was chaired by the chancellor, although he was not a member and had no vote. This tradition was kept to a degree when since 1919 the Reichsrat still had to be chaired by a member of the imperial government (often the minister of the interior).

Since 1949, the presidency rotates annually among the Minister-Presidents of each of the states. This is fixed by the Königsteiner Abkommen, starting with the federated state with the largest population going down. The President of the Bundesrat convenes and chairs plenary sessions of the body and is formally responsible for representing Germany in matters of the Bundesrat. The president is aided by two Vice Presidents who play an advisory role and deputise in the president's absence; the predecessor of the current President is first, his presumptive successor second Vice President. The three together make up the Bundesrat's executive committee.

The President of the Bundesrat ("Bundesratspräsident"), is fourth in the order of precedence after the Federal President, the President of the Bundestag, the Chancellor and before the President of the Federal Constitutional Court. The President of the Bundesrat becomes acting Federal President of Germany, in case that the office of the Federal President should be vacant.

Organizational structure edit

 
The House of Lords of Prussia on Leipziger Straße, seat of the Bundesrat.

Because the Bundesrat is so much smaller than the Bundestag, it does not require the extensive organizational structure of the Bundestag.[citation needed] The Bundesrat typically schedules plenary sessions once a month for the purpose of voting on legislation prepared in committee. In comparison, the Bundestag conducts about fifty plenary sessions a year.

The voting Bundesrat delegates themselves rarely attend committee sessions; instead, they delegate that responsibility to civil servants from their ministries, as allowed for in the Basic Law (art. 52,2). The delegates themselves tend to spend most of their time in their state capitals, rather than in the federal capital. The delegations are supported by the Landesvertretungen, which function basically as embassies of the states in the federal capital.

Tasks edit

 
The position of the Bundesrat (Federal Council) in the political system of Germany

The legislative authority of the Bundesrat is subordinate to that of the Bundestag, but it nonetheless plays a vital legislative role. The federal government must present all its legislative initiatives first to the Bundesrat; only thereafter can a proposal be passed to the Bundestag.

Further, the Bundesrat must approve all legislation affecting policy areas for which the Basic Law grants the Länder concurrent powers and for which the Länder must administer federal regulations. This approval (Zustimmung) requires a majority of actively used "yes" votes, so that a state coalition with a divided opinion on a bill votes—by its abstention—effectively against the bill. The Bundesrat has increased its legislative responsibilities over time by successfully arguing for a broad, rather than a narrow, interpretation of what constitutes the range of legislation affecting Land interests. In 1949, only 10% of all federal laws, namely, those directly affecting the Länder, required Bundesrat approval. In 1993 close to 60% of federal legislation required the Bundesrat's assent[citation needed]. The Basic Law also provides the Bundesrat with an absolute veto of such legislation.

Constitutional changes require an approval with majority of two thirds of all votes in Bundestag and Bundesrat, thus giving the Bundesrat an absolute veto against constitutional change.

Against all other legislation the Bundesrat has a suspensive veto (Einspruch), which can be overridden by passing the law again, but this time with 50% plus one vote of all Bundestag members, not just by majority of votes cast, which is frequent in daily parliamentary business. Because most legislation is passed by a coalition that has such an absolute majority in the Bundestag, this kind of suspensive veto rarely stops legislation. As an added provision, however, a law vetoed with a majority of two thirds must be passed again with a majority of two thirds in the Bundestag,[17] more generally a Bundesrat veto can be overridden by a Bundestag vote with a greater percentage than the veto.[18] The Einspruch has to be passed with active "no" votes, so that abstentions count as votes against the veto, i.e. to let the law pass.

If the absolute veto is used, the Bundesrat, the Bundestag, or the government can convene a joint committee to negotiate a compromise. That compromise cannot be amended and both chambers (Bundesrat and Bundestag) are required to hold a final vote on the compromise as is. The political power of the absolute veto is particularly evident when the opposition party or parties in the Bundestag have a majority in the Bundesrat, which was the case almost constantly between 1991 and 2005. Whenever this happens, the opposition can threaten the government's legislative program. Such a division of authority can complicate the process of governing when the major parties disagree, and, unlike the Bundestag, the Bundesrat cannot be dissolved. Such stalemates are not unlike those that may be experienced under cohabitation in other countries.

Criticism edit

Some observers claim that the opposing majorities lead to an increase in backroom politics, where small groups of high-tier leaders make all the important decisions and the Bundestag representatives have a choice only between agreeing with them or not getting anything done at all. The German "Federalism Commission" was looking into this issue, among others. There have been frequent suggestions of replacing the Bundesrat with a US-style elected Senate,[19] which would be elected at the same date as the Bundestag. This is hoped to increase the institution's popularity, reduce Land bureaucracy influence on legislation,[clarification needed] make opposing majorities less likely, make the legislative process more transparent, and generally set a new standard of democratic, rather than bureaucratic leadership.

Other observers emphasize that different majorities in the two legislative bodies ensure that all legislation, when approved, has the support of a broad political spectrum, a particularly valuable attribute in the aftermath of unification, when consensus on critical policy decisions is vital. The formal representation of the states in the federal government, through the Bundesrat, provides an obvious forum for the coordination of policy between the states and the federal government. The need for such coordination, particularly given the specific, crucial needs of the eastern states, has become only more important.

Supporters of the Bundesrat claim that the Bundesrat serves as a control mechanism on the Bundestag in the sense of a system of checks and balances. Since the executive and legislative functions are closely intertwined in any parliamentary system, the Bundesrat's ability to revisit and slow down legislative processes is often seen as making up for that loss of separation.

See also edit

Notes edit

  1. ^ a b The Bundesrat is sometimes referred to as the second chamber of the German legislature, but this designation is disputed by some.[20] The Federal Constitutional Court itself has used the term upper house in the English translations of its decisions,[21][22] and refers to the Bundesrat as a "second chamber existing beside the parliament".[23]

References edit

  1. ^ Ralf Heikaus: Die ersten Monate der provisorischen Zentralgewalt für Deutschland (Juli bis Dezember 1848). Diss. Frankfurt am Main, Peter Lang, Frankfurt am Main et al., 1997, p. 48.
  2. ^ Christopher Clark: Preußen. Aufstieg und Niedergang 1600–1947. DVA, München 2007, p. 624.
  3. ^ Ernst Rudolf Huber: Deutsche Verfassungsgeschichte seit 1789. Vol. III: Bismarck und das Reich. 3rd edition. W. Kohlhammer, Stuttgart et al. 1988, p. 651.
  4. ^ "Art 43 GG - Einzelnorm".
  5. ^ "Skandalrede im Bundestag: Schill-Partei ohne Schill?". Der Spiegel. 30 August 2002.
  6. ^ "Panorama: Eklat nach Drehbuch - Absurdes Theater im Bundesrat | ARD Mediathek".
  7. ^ "Artikel 51 GG". Basic Law for the Federal Republic of Germany (in German). Federal Ministry of Justice. 1949-05-23. Retrieved 2009-01-18.
  8. ^ . Archived from the original on 2008-12-01. Retrieved 2018-10-28.
  9. ^ "Die Stimmabgabe". Bundesrat (in German). Retrieved 2023-08-24.
  10. ^ West Germany Today (RLE: German Politics), Karl Koch, Routledge, 1989, page 3
  11. ^ "Zusammensetzung des Bundesrates". Bundesrat (in German). Retrieved 2023-11-12.
  12. ^ Regierungsforschung (2022-03-22). "Verhandlungspositionen im Bundesrat › Regierungsforschung". regierungsforschung.de (in German). Retrieved 2023-11-12.
  13. ^ a b Stecker, Christian (26 October 2021). "Blockierte Mehrheit: Warum die Vetomacht des Bundesrates ein Demokratieproblem ist". Verfassungsblog (in German). doi:10.17176/20211026-182916-0.
  14. ^ "Droht Blockade der Republik ?". Schwäbisches Tagblatt (in German). Retrieved 2023-11-24.
  15. ^ "ZPol Zeitschrift für Politikwissenschaft". ZPol Zeitschrift für Politikwissenschaft (in German). 16 (3). 2006-01-09. doi:10.5771/1430-6387-2006-3. ISSN 1430-6387.
  16. ^ Stecker, Christian (2016-10-19). "The effects of federalism reform on the legislative process in Germany". Regional & Federal Studies. 26 (5): 603–624. doi:10.1080/13597566.2016.1236334. ISSN 1359-7566.
  17. ^ "The Bundesrat and the Federal System" (PDF). The Bundesrat of the Federal Republic of Germany. (PDF) from the original on 2023-01-16. Retrieved 2023-01-16.
  18. ^ Lusztig, Michael (1995). "Federalism and Institutional Design: The Perils and Politics of a Triple-E Senate in Canada". Publius. 25 (1): 41. doi:10.1093/oxfordjournals.pubjof.a038180. ISSN 0048-5950. JSTOR 3330655.
  19. ^ Zur Reform des Bundesrates - Lehren eines internationalen Vergleiches der Zweiten Kammern - II. Reform des Bundesrates - welches Vorbild?, Roland Sturm, Federal Agency for Civic Education
  20. ^ Reuter, Konrad (2003). "Zweite Kammer?". (PDF) (in German) (12th ed.). Berlin: Direktor des Bundesrates. p. 50. ISBN 3-923706-22-7. Archived from the original (PDF) on 2007-06-28. Retrieved 2007-01-04. Im Ausland wird ein solches parlamentarisches System im Allgemeinen als Zweikammer- System bezeichnet. Für Bundestag und Bundesrat ist dagegen eine gemeinsame Bezeichnung nicht allgemein üblich, und es ist sogar umstritten, ob der Bundesrat eine Zweite Kammer ist. (English: Abroad, such a parliamentary system is in general called a bicameral one. For Bundestag and Bundesrat such a common designation is not usual and it is even contentious whether the Bundesrat is a second chamber at all.)
  21. ^ "BVerfG, Judgment of the First Senate of 17 July 2002 – 1 BvF 1/01". 17 July 2002. Para 2. ECLI:DE:BVerfG:2002:fs20020717.1bvf000101. Retrieved 19 November 2016. If the Federal Government or the Bundestag (lower house of the German parliament) divides a subject-matter between a number of statutes in order to prevent the Bundesrat (upper house of the German parliament) from preventing provisions that in themselves are not subject to its consent, this is constitutionally unobjectionable.
  22. ^ "BVerfG, Judgment of the First Senate of 24 April 1991 – 1 BvR 1341/90 1". 24 April 1991. Para 2. ECLI:DE:BVerfG:1991:rs19910424.1bvr134190. Retrieved 19 November 2016. The Unification Treaty was signed by the federal government and the government of the German Democratic Republic on 31 August 1990. The Bundestag (lower house of the German parliament) and the Bundesrat (upper house of the German parliament) approved this Treaty, the Protocol, the Annexes I to III and the agreement of 18 September 1990 by the Act of 23 September 1990 – the Unification Treaty Act (Federal Law Gazette II p. 885).
  23. ^ "BVerfG, Judgment of the Second Senate of 30 June 2009 – 2 BvE 2/08". 30 June 2009. Para 286. ECLI:DE:BVerfG:2009:es20090630.2bve000208. Retrieved 19 November 2016. In federal states, such marked imbalances are, as a general rule, only tolerated for the second chamber existing beside the parliament; in Germany and Austria, the second chamber is the Bundesrat, in Australia, Belgium and the United States, it is the Senate.

External links edit

  • Official website
  • Members of the Bundesrat (German Wikipedia)
  • A- und B-Länder (German Wikipedia)

52°30′33″N 13°22′53″E / 52.50917°N 13.38139°E / 52.50917; 13.38139

german, bundesrat, this, article, about, second, federal, legislative, chamber, germany, which, state, governments, represented, elected, german, parliament, bundestag, german, ˈbʊndəsˌʁaːt, federal, council, legislative, body, that, represents, sixteen, lände. This article is about the second federal legislative chamber in Germany in which the state governments are represented For the elected German parliament see Bundestag The German Bundesrat German ˈbʊndesˌʁaːt lit Federal Council is a legislative body a that represents the sixteen Lander federated states of Germany at the federal level German Bundesebene The Bundesrat meets at the former Prussian House of Lords in Berlin Its second seat is located in the former West German capital of Bonn German Federal Council Deutscher Bundesrat74th year of businessHistoryFounded23 May 1949 74 years ago 1949 05 23 LeadershipPresidentManuela Schwesig SPD since 1 November 2023First Vice PresidentPeter Tschentscher SPD since 1 November 2023Second Vice PresidentAnke Rehlinger SPD since 1 November 2023StructureSeats69 seatsElectionsVoting systemAppointment by State GovernmentsMeeting placeFormer chamber of the Prussian House of Lords BerlinWebsitebundesrat wbr de The Bundesrat legislates alongside the Bundestag which consists of representatives directly elected by the German people Laws that affect state powers and all constitutional changes need the consent of both houses For its somewhat similar function the Bundesrat is sometimes controversially described as an upper house of parliament along the lines of the United States Senate the Canadian Senate and the British House of Lords a The name Bundesrat was used by similar bodies in the North German Confederation 1867 and the German Empire 1871 The predecessor of the Bundesrat in the Weimar Republic 1919 1933 was the Reichsrat The political makeup of the Bundesrat is affected by changes in power in the states of Germany and thus by elections in each state Each state delegation in the Bundesrat is essentially a representation of the state government and reflects the political makeup of the governing coalition in each state legislature Thus the Bundesrat is a continuous body and has no legislative periods For organizational reasons the Bundesrat structures its legislative calendar in years of business Geschaftsjahre beginning each year on 1 November Each year of business is congruous with the one year term of the Presidium of the Bundesrat The sessions have been counted continuously since the first session on 7 September 1949 The Bundesrat s 1000th session took place on 12 February 2021 and was opened with a speech by President of Germany Frank Walter Steinmeier Contents 1 History 1 1 German Confederation 1 2 Bundesrat 1867 1918 1 3 Weimar Republic 2 Seat 3 Composition 3 1 Historically 3 2 Weimar Republic 3 3 Today 4 Voting 4 1 Party vetoes for consent laws 5 Presidency 6 Organizational structure 7 Tasks 8 Criticism 9 See also 10 Notes 11 References 12 External linksHistory editGerman Confederation edit The historical predecessor of the Bundesrat was the Federal Convention Confederate Diet of the German Confederation 1815 1848 1850 1851 1866 That Federal Convention consisted of the representatives of the member states The first basic law Bundesakte of the German Confederation listed how many votes a member state had for two different formations of the diet The diet was the only organ there was no division of powers The diet was chaired by the Austrian representative In the revolution of 1848 the Bundestag transferred its powers to the Imperial Regent 1 and was reactivated only in 1850 1851 Several other attempts to reform the Confederation involved retaining the Bundestag and adding a parliament and a court One of these attempts the proposed Reform Act of 1863 had introduced the term Bundesrath With the dissolution of the Confederation in August 1866 2 the diet and the federal law ended Bundesrat 1867 1918 edit Main article Bundesrat German Empire On July 1 1867 the North German Confederation was established as a confederal state The Reichstag elected by the North German men was one legislative body The other one was the Bundesrath old spelling This organ was expressly modelled after the old diet 3 When the Confederation was transformed and renamed Deutsches Reich German Empire in 1871 the Bundesrat kept its name Whilst appointed by state governments just as today the delegates of the original Bundesrat as those of the Reichsrat were usually high ranking civil servants not cabinet members The original Bundesrat was very powerful every bill needed its consent equaling it to the popularly elected Reichstag It could also with the Emperor s agreement dissolve the Reichstag Weimar Republic edit In the revolution of 1918 the revolutionary organ Rat der Volksbeauftragten Council of People s Representatives limited the power of the Bundesrat to its administrative functions A Staatenausschuss committee of states accompanied the reform of Germany but had no official role in installing the new constitution Under that Weimar Constitution August 1 1919 it was replaced by the Reichsrat 1919 1934 The Reichsrat of the Weimar Republic 1919 1934 had considerably less influence since it could only veto bills and even then be overruled by the Reichstag However overruling the Reichsrat needed a majority of two thirds in the Reichstag which consisted of many parties differing in opinion So in most cases bills vetoed by the Reichsrat failed due to the lack of unity among the Reichstag s constituent parties The Reichsrat was abolished by the Law on the Abolition of the Reichsrat on 14 February 1934 roughly a year after Hitler had come to power Seat edit nbsp Bundesrat building Berlin in 2007 From 1894 to 1933 the Bundesrat Reichsrat met in the same building as the Reichstag today known as Reichstagsgebaude After 1949 the Bundesrat gathered in the Bundeshaus in Bonn along with the Bundestag at least most of the time A wing of the Bundeshaus was specially built for the Bundesrat citation needed In 2000 the Bundesrat moved to Berlin as the Bundestag had done the year before The Berlin seat of the Bundesrat is the former Prussian House of Lords building The Bundesrat wing in Bonn is still used as a second seat citation needed Composition editHistorically edit For the Federal Diet of 1815 the basic law Bundesakte established two different formations In the Plenary for the most important decisions every state had at least one vote The larger states Austria Prussia Bavaria Saxony Hannover and Wurttemberg had each four votes and the lesser states three or two Of the 39 states 25 had only one vote The North German Confederation was an different entity from the German Confederation but it can also be regarded as the brainchild of a long lasting reform debate within the German Confederation The new Bundesrat even referred to the old diet in Article 6 when it redistributed the votes for each states Prussia originally with four votes gained the votes of the states it had annexed in 1866 i e Hanover Hesse Kassel Holstein Nassau and Frankfurt totaling 17 votes The total number of votes in 1867 was 43 votes When the South German states joined in 1870 71 the revised federal constitutions allocated new votes for them Bavaria had six votes Wurttemberg four Baden three and the whole of Hesse Darmstadt three The total number went up to 58 votes and in 1911 with three new votes for Alsace Lorraine to 61 votes The Prussian votes remained 17 To put the Prussian votes in context 80 of North Germans lived in Prussia and after 1871 Prussia made up two thirds of the German population and territory Prussia was always underrepresented in the Bundesrat State Notes Votes Prussia including states annexed in 1866 17 Bavaria 6 Saxony 4 Wurttemberg 4 Baden 3 Hesse 3 Mecklenburg Schwerin 2 Brunswick 2 17 other small states each with 1 vote 17 Alsace Lorraine after 1911 3 Total 61 Weimar Republic edit The Reichsrat as a first had no fixed numbers of votes for the member states Instead it introduced the principle that the number depended on the actual number of inhabitants Originally states had one vote for every 1 million inhabitants In 1921 this was reduced to 700 000 inhabitants per vote No state was allowed to have more than 40 percent of the votes This was regarded as a clausula antiborussica counterbalancing the dominant position of Prussia which still contained roughly two thirds of the German population Also since 1921 half of the Prussian votes were not cast by the Prussian state government but by the administrations of the Prussian provinces For example of the 63 votes in 1919 Prussia had 25 votes Bavaria seven and Saxony five 12 states had only one vote each Today edit The composition of the Bundesrat is different from other similar legislative bodies representing states such as the Russian Federation Council or the U S Senate Bundesrat members are not elected either by popular vote or by the state parliaments but are delegated by the respective state government They do not enjoy a free mandate for example most parliamentary privileges in the Bundesrat can be exercised only by a Land not an individual member and serve only as long as they are representing their state not for a fixed period of time Members of the Bundesrat suffix MdBR do however enjoy the same immunity from prosecution that Members of the German Bundestag have In addition Members of the Bundesrat have unlimited access to sessions of the Bundestag where they have their own benches to the left of the President of the Bundestag and its committees and can address it at any time 4 The latter right was most famously used in 2002 by then Hamburg Senator Ronald Schill who gave an inflammatory speech that was widely denounced 5 Normally a state delegation consists of the Minister President called Governing Mayor in Berlin President of the Senate in Bremen and First Mayor in Hamburg and other cabinet ministers called senators in Berlin Bremen and Hamburg State cabinets may appoint as many delegates as the state has votes and usually do but may also send a single delegate to exercise all of the state s votes All other ministers senators are usually appointed as deputy delegates In any case the state has to cast its votes en bloc i e without vote splitting If Members of the Bundesrat from the same state vote differently the entire votes of the state are counted as abstention A famous example of this was a very close vote in 2002 on a new immigration law by the Schroder government when Deputy Minister President of Brandenburg Jorg Schonbohm CDU cast a no vote and State Minister Alwin Ziel SPD cast a yes vote 6 As state elections are not coordinated across Germany and can occur at any time the majority distributions in the Bundesrat can change after any such election Even without a new state election it is possible that the state parliament installs a new state government because a new state coalition has formed The number of votes a state is allocated is based on a form of degressive proportionality according to its population This way smaller states have more votes than a distribution proportional to the population would grant The presence of the small city states of Bremen Hamburg and Berlin prevents the Bundesrat from having the rural and conservative bias of other similar legislative bodies biased in favor of small states The allocation of votes is regulated by the German constitution Grundgesetz 7 All of a state s votes are cast en bloc either for against in abstention of a proposal Each state is allocated at least three votes and a maximum of six States with more than 2 million inhabitants have 4 votes 6 million inhabitants have 5 votes 7 million inhabitants have 6 votes By convention SPD led Lander are summarized as A Lander while those with governments led by CDU or CSU are called B Lander Current distribution of votes State Population 8 Votes Population per vote Governing parties Last election Presidency Baden Wurttemberg 10 879 618 6 1 813 270 Greens CDU 2021 2028 29 Bavaria 12 843 514 6 2 140 586 CSU FW 2023 2027 28 Berlin 3 520 031 4 880 008 CDU SPD 2023 2033 34 Brandenburg 2 484 826 4 621 207 SPD CDU Greens 2019 2035 36 Bremen 671 489 3 223 830 SPD Greens The Left 2023 2025 26 Hamburg 1 787 408 3 595 803 SPD Greens 2020 2038 39 Hesse 6 176 172 5 1 235 234 CDU SPD 2023 2030 31 Lower Saxony 7 926 599 6 1 321 100 SPD Greens 2022 2029 30 Mecklenburg Vorpommern 1 612 362 3 537 454 SPD The Left 2021 current North Rhine Westphalia 17 865 516 6 2 977 586 CDU Greens 2022 2026 27 Rhineland Palatinate 4 052 803 4 1 013 201 SPD Greens FDP 2021 2032 33 Saarland 995 597 3 331 866 SPD 2022 2024 25 Saxony 4 084 851 4 1 021 213 CDU Greens SPD 2019 2031 32 Saxony Anhalt 2 245 470 4 561 368 CDU SPD FDP 2021 2036 37 Schleswig Holstein 2 858 714 4 714 679 CDU Greens 2022 2034 35 Thuringia 2 170 714 4 542 679 The Left SPD Greens 2019 2037 38 Total 82 175 684 69 1 190 952Voting editIn contrast to many other legislative bodies the delegates to the Bundesrat from any one state are required to cast the votes of the state as a single bloc since the votes are not those of the respective delegate The delegates are not independent members of the Bundesrat but instructed representatives of the federated states governments If the members of a delegation cast different votes then the entire vote of the respective state is invalid This tradition stems from the 1867 Bundesrat It is a constitutional requirement 9 The delegates of a state are equal to each other in the Bundesrat hence the minister president has no special rights compared to his ministers But it is possible and even customary that one of the delegates the Stimmfuhrer leader of the votes normally the minister president casts all votes of the respective state even if the other members of the delegation are present citation needed Between 1949 and 1990 West Berlin was represented by four members elected by its Senate but owing to the city s ambiguous legal status they did not have voting rights 10 Party vetoes for consent laws edit Veto power over consent laws Bundesrat as of 27 April 2023 post Berlin election 11 Party Participation in Bundesrat seats CDU CSU 43 veto SPD 42 veto FDP 8 Greens 49 veto Left 10 FW 6 Because coalition governments are common in the states states frequently choose to abstain if their coalition cannot agree on a position Abstaining has the same effect as voting against a proposal as every Bundesrat decision requires an majority of seats i e 35 in favour not just a majority of votes cast or a majority of delegates present For laws which require explicit Bundesrat consent Zustimmungsgesetze consent laws these abstentions mean that several political parties represented in the Bundesrat possess a de facto veto on legislation as they can block the votes of 35 or more seats 12 During the 2021 2025 traffic light coalition two of the three government parties held such a veto SPD and Greens not the FDP as well as the opposition CDU CSU leading to a de facto four way coalition 13 For the 16 years prior under chancellor Angela Merkel the Greens held such a veto and used it to prop up the price of emissions certificates 14 Due to the opposition s veto threat the government seeks prior approval of the opposition with veto power If an agreement fails the government tends to shelve laws to avoid appearing incapable of acting This legislative self restraint of the federal government shows up in empirical analysis of federal legislation 13 15 Consent laws constitute the majority of politically important laws and one third overall 16 Presidency editMain article President of the German Bundesrat Originally from 1867 to 1918 the Bundesrat was chaired by the chancellor although he was not a member and had no vote This tradition was kept to a degree when since 1919 the Reichsrat still had to be chaired by a member of the imperial government often the minister of the interior Since 1949 the presidency rotates annually among the Minister Presidents of each of the states This is fixed by the Konigsteiner Abkommen starting with the federated state with the largest population going down The President of the Bundesrat convenes and chairs plenary sessions of the body and is formally responsible for representing Germany in matters of the Bundesrat The president is aided by two Vice Presidents who play an advisory role and deputise in the president s absence the predecessor of the current President is first his presumptive successor second Vice President The three together make up the Bundesrat s executive committee The President of the Bundesrat Bundesratsprasident is fourth in the order of precedence after the Federal President the President of the Bundestag the Chancellor and before the President of the Federal Constitutional Court The President of the Bundesrat becomes acting Federal President of Germany in case that the office of the Federal President should be vacant Organizational structure editThis section does not cite any sources Please help improve this section by adding citations to reliable sources Unsourced material may be challenged and removed December 2015 Learn how and when to remove this message nbsp The House of Lords of Prussia on Leipziger Strasse seat of the Bundesrat Because the Bundesrat is so much smaller than the Bundestag it does not require the extensive organizational structure of the Bundestag citation needed The Bundesrat typically schedules plenary sessions once a month for the purpose of voting on legislation prepared in committee In comparison the Bundestag conducts about fifty plenary sessions a year The voting Bundesrat delegates themselves rarely attend committee sessions instead they delegate that responsibility to civil servants from their ministries as allowed for in the Basic Law art 52 2 The delegates themselves tend to spend most of their time in their state capitals rather than in the federal capital The delegations are supported by the Landesvertretungen which function basically as embassies of the states in the federal capital Tasks editThis section relies largely or entirely on a single source Relevant discussion may be found on the talk page Please help improve this article by introducing citations to additional sources Find sources German Bundesrat news newspapers books scholar JSTOR December 2015 nbsp The position of the Bundesrat Federal Council in the political system of Germany The legislative authority of the Bundesrat is subordinate to that of the Bundestag but it nonetheless plays a vital legislative role The federal government must present all its legislative initiatives first to the Bundesrat only thereafter can a proposal be passed to the Bundestag Further the Bundesrat must approve all legislation affecting policy areas for which the Basic Law grants the Lander concurrent powers and for which the Lander must administer federal regulations This approval Zustimmung requires a majority of actively used yes votes so that a state coalition with a divided opinion on a bill votes by its abstention effectively against the bill The Bundesrat has increased its legislative responsibilities over time by successfully arguing for a broad rather than a narrow interpretation of what constitutes the range of legislation affecting Land interests In 1949 only 10 of all federal laws namely those directly affecting the Lander required Bundesrat approval In 1993 close to 60 of federal legislation required the Bundesrat s assent citation needed The Basic Law also provides the Bundesrat with an absolute veto of such legislation Constitutional changes require an approval with majority of two thirds of all votes in Bundestag and Bundesrat thus giving the Bundesrat an absolute veto against constitutional change Against all other legislation the Bundesrat has a suspensive veto Einspruch which can be overridden by passing the law again but this time with 50 plus one vote of all Bundestag members not just by majority of votes cast which is frequent in daily parliamentary business Because most legislation is passed by a coalition that has such an absolute majority in the Bundestag this kind of suspensive veto rarely stops legislation As an added provision however a law vetoed with a majority of two thirds must be passed again with a majority of two thirds in the Bundestag 17 more generally a Bundesrat veto can be overridden by a Bundestag vote with a greater percentage than the veto 18 The Einspruch has to be passed with active no votes so that abstentions count as votes against the veto i e to let the law pass If the absolute veto is used the Bundesrat the Bundestag or the government can convene a joint committee to negotiate a compromise That compromise cannot be amended and both chambers Bundesrat and Bundestag are required to hold a final vote on the compromise as is The political power of the absolute veto is particularly evident when the opposition party or parties in the Bundestag have a majority in the Bundesrat which was the case almost constantly between 1991 and 2005 Whenever this happens the opposition can threaten the government s legislative program Such a division of authority can complicate the process of governing when the major parties disagree and unlike the Bundestag the Bundesrat cannot be dissolved Such stalemates are not unlike those that may be experienced under cohabitation in other countries Criticism editThis section does not cite any sources Please help improve this section by adding citations to reliable sources Unsourced material may be challenged and removed March 2019 Learn how and when to remove this message Some observers claim that the opposing majorities lead to an increase in backroom politics where small groups of high tier leaders make all the important decisions and the Bundestag representatives have a choice only between agreeing with them or not getting anything done at all The German Federalism Commission was looking into this issue among others There have been frequent suggestions of replacing the Bundesrat with a US style elected Senate 19 which would be elected at the same date as the Bundestag This is hoped to increase the institution s popularity reduce Land bureaucracy influence on legislation clarification needed make opposing majorities less likely make the legislative process more transparent and generally set a new standard of democratic rather than bureaucratic leadership Other observers emphasize that different majorities in the two legislative bodies ensure that all legislation when approved has the support of a broad political spectrum a particularly valuable attribute in the aftermath of unification when consensus on critical policy decisions is vital The formal representation of the states in the federal government through the Bundesrat provides an obvious forum for the coordination of policy between the states and the federal government The need for such coordination particularly given the specific crucial needs of the eastern states has become only more important Supporters of the Bundesrat claim that the Bundesrat serves as a control mechanism on the Bundestag in the sense of a system of checks and balances Since the executive and legislative functions are closely intertwined in any parliamentary system the Bundesrat s ability to revisit and slow down legislative processes is often seen as making up for that loss of separation See also editPresidium of the Bundesrat Federalism in Germany Politics of Germany Landerkammer Composition of the German State Parliaments Bundesrat Austria Notes edit a b The Bundesrat is sometimes referred to as the second chamber of the German legislature but this designation is disputed by some 20 The Federal Constitutional Court itself has used the term upper house in the English translations of its decisions 21 22 and refers to the Bundesrat as a second chamber existing beside the parliament 23 References edit Ralf Heikaus Die ersten Monate der provisorischen Zentralgewalt fur Deutschland Juli bis Dezember 1848 Diss Frankfurt am Main Peter Lang Frankfurt am Main et al 1997 p 48 Christopher Clark Preussen Aufstieg und Niedergang 1600 1947 DVA Munchen 2007 p 624 Ernst Rudolf Huber Deutsche Verfassungsgeschichte seit 1789 Vol III Bismarck und das Reich 3rd edition W Kohlhammer Stuttgart et al 1988 p 651 Art 43 GG Einzelnorm Skandalrede im Bundestag Schill Partei ohne Schill Der Spiegel 30 August 2002 Panorama Eklat nach Drehbuch Absurdes Theater im Bundesrat ARD Mediathek Artikel 51 GG Basic Law for the Federal Republic of Germany in German Federal Ministry of Justice 1949 05 23 Retrieved 2009 01 18 Amtlicher Bevolkerungsstand am 31 Dezember 2015 Archived from the original on 2008 12 01 Retrieved 2018 10 28 Die Stimmabgabe Bundesrat in German Retrieved 2023 08 24 West Germany Today RLE German Politics Karl Koch Routledge 1989 page 3 Zusammensetzung des Bundesrates Bundesrat in German Retrieved 2023 11 12 Regierungsforschung 2022 03 22 Verhandlungspositionen im Bundesrat Regierungsforschung regierungsforschung de in German Retrieved 2023 11 12 a b Stecker Christian 26 October 2021 Blockierte Mehrheit Warum die Vetomacht des Bundesrates ein Demokratieproblem ist Verfassungsblog in German doi 10 17176 20211026 182916 0 Droht Blockade der Republik Schwabisches Tagblatt in German Retrieved 2023 11 24 ZPol Zeitschrift fur Politikwissenschaft ZPol Zeitschrift fur Politikwissenschaft in German 16 3 2006 01 09 doi 10 5771 1430 6387 2006 3 ISSN 1430 6387 Stecker Christian 2016 10 19 The effects of federalism reform on the legislative process in Germany Regional amp Federal Studies 26 5 603 624 doi 10 1080 13597566 2016 1236334 ISSN 1359 7566 The Bundesrat and the Federal System PDF The Bundesrat of the Federal Republic of Germany Archived PDF from the original on 2023 01 16 Retrieved 2023 01 16 Lusztig Michael 1995 Federalism and Institutional Design The Perils and Politics of a Triple E Senate in Canada Publius 25 1 41 doi 10 1093 oxfordjournals pubjof a038180 ISSN 0048 5950 JSTOR 3330655 Zur Reform des Bundesrates Lehren eines internationalen Vergleiches der Zweiten Kammern II Reform des Bundesrates welches Vorbild Roland Sturm Federal Agency for Civic Education Reuter Konrad 2003 Zweite Kammer Bundesrat und Bundesstaat Der Bundesrat der Bundesrepublik Deutschland PDF in German 12th ed Berlin Direktor des Bundesrates p 50 ISBN 3 923706 22 7 Archived from the original PDF on 2007 06 28 Retrieved 2007 01 04 Im Ausland wird ein solches parlamentarisches System im Allgemeinen als Zweikammer System bezeichnet Fur Bundestag und Bundesrat ist dagegen eine gemeinsame Bezeichnung nicht allgemein ublich und es ist sogar umstritten ob der Bundesrat eine Zweite Kammer ist English Abroad such a parliamentary system is in general called a bicameral one For Bundestag and Bundesrat such a common designation is not usual and it is even contentious whether the Bundesrat is asecond chamberat all BVerfG Judgment of the First Senate of 17 July 2002 1 BvF 1 01 17 July 2002 Para 2 ECLI DE BVerfG 2002 fs20020717 1bvf000101 Retrieved 19 November 2016 If the Federal Government or the Bundestag lower house of the German parliament divides a subject matter between a number of statutes in order to prevent the Bundesrat upper house of the German parliament from preventing provisions that in themselves are not subject to its consent this is constitutionally unobjectionable BVerfG Judgment of the First Senate of 24 April 1991 1 BvR 1341 90 1 24 April 1991 Para 2 ECLI DE BVerfG 1991 rs19910424 1bvr134190 Retrieved 19 November 2016 The Unification Treaty was signed by the federal government and the government of the German Democratic Republic on 31 August 1990 The Bundestag lower house of the German parliament and the Bundesrat upper house of the German parliament approved this Treaty the Protocol the Annexes I to III and the agreement of 18 September 1990 by the Act of 23 September 1990 the Unification Treaty Act Federal Law Gazette II p 885 BVerfG Judgment of the Second Senate of 30 June 2009 2 BvE 2 08 30 June 2009 Para 286 ECLI DE BVerfG 2009 es20090630 2bve000208 Retrieved 19 November 2016 In federal states such marked imbalances are as a general rule only tolerated for the second chamber existing beside the parliament in Germany and Austria the second chamber is the Bundesrat in Australia Belgium and the United States it is the Senate External links edit nbsp Wikimedia Commons has media related to Bundesrat Germany Official website Members of the Bundesrat German Wikipedia A und B Lander German Wikipedia 52 30 33 N 13 22 53 E 52 50917 N 13 38139 E 52 50917 13 38139 Retrieved from https en wikipedia org w index php title German Bundesrat amp oldid 1214807254, wikipedia, wiki, book, books, library,

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