State Parliament (Germany) Explained

In the federal system of the Federal Republic of Germany, the state parliaments embody the legislative power in the sixteen states. In thirteen of the sixteen German states, the state parliament is known as the Landtag (an old German term that roughly means state parliament). In the states Free Hanseatic City of Bremen and Free and Hanseatic City of Hamburg, the state parliament is called Bürgerschaft (Citizenry), in Berlin it is called Abgeordnetenhaus (House of Representatives).

Election process, constitutional functions and powers

As the German constitution (Basic Law) defines the Federal Republic of Germany as a federation, each German state has its own constitution. The Basic Law gives the states a broad discretion to determine their respective state structure, only stating that each German state has to be a social and democratic republic under the rule of law and that the people in every state must have an elected representation, without giving further details (Article 28.1). Theoretically, this allows for a considerable range of democratic forms of government like a parliamentary system, a directorial republican system, mixed forms such as a semi-presidential republic or a presidential system (only constitutional monarchies are excluded by the provision). In practice, all states are parliamentary republics in which the legislative branch of government is assigned to an elected parliament and the executive branch of government is subject to parliamentary confidence. Since the abolition of the Bavarian Senate in 1999, all sixteen state parliaments are unicameral.

Among the most important functions of the state parliaments are the election of the Minister-President, the control of the state government and the adoption of state laws. They have no influence on federal legislation, but indirectly participate in the election of the President of Germany by electing state electors to the Federal Convention.

In terms of these functions, the state parliaments work very similarly. However, there are also some significant differences between the states. This begins with the electoral system: Similar to federal elections, many states use a mixed-member proportional representation system in which each voter casts one vote for a constituency candidate and a second vote determines the proportional share of seats. However, this is not the case in all states, the main exception being Baden-Württemberg, which uses a complex first-past-the-post voting system in which seats are allocated to "lucky-loser" candidates in addition to the elected constituency candidates in order to establish proportionality. In all states there is a 5%-threshold which must be exceeded for a party to be considered in the proportional distribution of seats, although in Bremen it is sufficient to exceed the threshold in only one of the two cities that make up the state (Bremen City and Bremerhaven). The electoral system of some states also includes a basic mandate clause which allows parties to be taken into account in the proportional distribution of seats regardless of the 5%-threshold if they win a certain number of constituencies. As at the federal level, parties representing national minorities are excluded from both the 5%-threshold and the basic mandate clause. This provision is of particular importance in Schleswig-Holstein, where the SSW, a party which represents the minorities of Danes and Frisians, regularly participates in state elections.

In contrast to the Bundestag on federal level, most states have adopted legislative periods of five years, the only exception being Bremen, which still uses four-year-terms (a cross-party attempt to introduce five-year-terms was defeated in a referendum in 2017[1]). Another difference to the Bundestag are the conditions for early new elections: While the Bundestag does not have the right of self-dissolution and can only be dissolved by the President of Germany (and even this only under certain conditions which are precisely defined in the Basic Law), the state parliaments have the right of self-dissolution (even if the procedure differs according to the state constitutions). In addition to this, some state constitutions also provide for an automatic dissolution of the parliament in certain parliamentary deadlock-situations and in some states, the parliament can also be dissolved by a referendum. Neither an automatic dissolution nor a dissolution by referendum has ever happened in any state, though. In October 2021, an attempt to bring about a referendum about the dissolution of the Bavaria state parliamtent failed; the request was supported by 204,135 citizens eligible to vote, thus clearly failing to meet the threshold of one million signatures of support necessary to call a referendum.

State Name Election system Threshold conditions Seats Term Premature dissolution procedures
Baden-Württemberg[2] first-past-the-post in 70 constituencies with at least 50 "lucky loser"-seats (Zweitmandate) at the administrative district level, in order to achieve proportional representation 5% of votes statewide 120+ 5 years -self dissolution (motion must be tabled by at least one quarter and accepted by at least two-thirds of members)
-referendum (request must be made by at least one sixth of the state population eligible to vote and must be accepted by a majority of the population eligible to vote)
mixed-member proportional representation with two votes (both votes counting towards proportional representation) 5% of votes statewide 180+ 5 years -self dissolution (simple motion sufficient)
-referendum (request must be made by at least one million citizens eligible to vote and must be accepted by a simple majority)
-automatic dissolution (if the Landtag fails to elect a Minister-President within four weeks after a vacancy occurred)
Berlin[3] [4] mixed-member proportional representation with two votes 5% of second votes statewide
or
one constituency
130+ 5 years -self dissolution (motion must be accepted by two-thirds of members)
-referendum (state constitution does not specify details)
mixed-member proportional representation with two votes 5% of second votes statewide
or
one constituency
88+ (maximum of 110) 5 years -self dissolution (motion must be accepted by two-thirds of members)
Free Hanseatic City of Bremen[5] Personalized proportional representation with cumulative voting and panachage (five votes) in two separate voting areas (Bremen City and Bremerhaven) 5% of votes in one of the two voting areas 87 (72 for Bremen City and 15 for Bremerhaven) 4 years -self dissolution (motion must be tabled by at least one third and must be accepted by at least two-thirds of members)
-referendum (request must be made by at least one fifth of the state population eligible to vote and must be accepted by a majority of the population eligible to vote)
Personalized proportional representation with cumulative voting and panachage on state level and in multi member constituencies (10 votes: 5 for state lists, 5 for constituency candidates) 5% of state list-votes 121+ 5 years -self dissolution (motion must be tabled by at least one quarter and must be accepted by a majority of members)
mixed-member proportional representation with two votes 5% of second votes statewide 110+ 5 years -self dissolution (motion must be accepted by a majority of members)
mixed-member proportional representation with two votes 5% of second votes statewide 135+ 5 years -self dissolution (the state constitution defines two scenarios for a self dissolution: [A] one third of members may table a motion of self dissolution, which must be accepted by two-thirds of members present, who have to equal at least a majority of all members [Art. 10]. [B] Nonwithstanding variant A, the Landtag may dissolve itself with a majority of members, if it has failed to elect a Minister-President within 21 days after a vacancy occurred – alternatively it may elect a Minister-President with a plurality of votes [Art. 30])
mixed-member proportional representation with two votes 5% of second votes statewide 71+ 5 years -self dissolution (the state constitution defines two scenarios for a self dissolution: [A] one third of members may table a motion of self dissolution, which must be accepted by two-thirds of members [Art. 42.2]. [B] Nonwithstanding variant A, the Landtag may dissolve itself with a majority of members, if it has failed to elect a Minister-President within 28 days after a vacancy occurred – alternatively it may elect a Minister-President with a plurality of votes [Art. 30])
mixed-member proportional representation with two votes 5% of second votes statewide 181+ 5 years -self dissolution (motion must accepted by a majority of members)
mixed-member proportional representation with two votes 5% of second votes statewide 101+ 5 years -self dissolution (simple motion)
-automatic dissolution (if a motion of no confidence against the Minister-President has been successful and the Landtag fails to elect a new office-holder within four weeks)
proportional representation with one vote, which counts both for a list in a multi member constituency and a state list 5% of votes statewide 51(+?) 5 years -self dissolution (motion must be accepted by two-thirds of members)
-automatic dissolution (if a motion of no confidence against the Minister-President has been successful and the Landtag fails to elect a new office-holder within four weeks)
mixed-member proportional representation with two votes 5% of second votes statewide
or
two constituencies
120+ 5 years -self dissolution (motion must be accepted by two-thirds of members)
-automatic dissolution (if the Landtag fails to elect a Minister-President within four months after a vacancy occurred)
mixed-member proportional representation with two votes 5% of second votes statewide 83+ 5 years -self dissolution (the state constitution defines two scenarios for a self dissolution: [A] one fourth of members may table a self dissolution motion, which has to be accepted by two-thirds of members. This is however not possible during the first six months of a legislative period [Art. 60]. [B] Nonwithstanding variant A, the Landtag may dissolve itself with a majority of members, if it has failed to elect a Minister-President on the first two ballots – alternatively it may elect a Minister-President with a plurality of votes on the third ballot [Art. 65.2])
mixed-member proportional representation with two votes 5% of second votes statewide
or
one constituency
69+ 5 years -self dissolution (motion must be accepted by at least two-thirds of members)
mixed-member proportional representation with two votes 5% of second votes statewide 88+ 5 years -self dissolution (motion must be tabled by at least one third and must be accepted by at least two-thirds of members)
-automatic dissolution (if the Minister-President has lost a confidence motion and the Landtag fails to elect a new Minister-President within 21 days)

List of state parliaments

Plenar hall Name Legislative
period
Diagram President Last election Next election[6]

Baden-Württemberg
Landtag17thMuhterem Aras
Alliance 90/The Greens
since 11 May 2016
20212026
Government (100)
Alliance 90/The Greens (58)
CDU (42)
Opposition (54)
SPD (19)
FDP (18)
AfD (17)

Free State of Bavaria
Landtag19th100pxIlse Aigner
CSU
since 5 November 2018
20232028
Government (122)
CSU (85)
Free Voters (37)
Opposition (81)
AfD (32)
Alliance 90/The Greens (32)
SPD (17)

Berlin
Abgeordnetenhaus19thCornelia Seibeld
CDU
since 16 March 2023
(2021)
2023
2026
Government (86)
CDU (52)
SPD (34)
Opposition (73)
Alliance 90/The Greens (34)
The Left (21)
AfD (16)
Non-inscrits (2)

Brandenburg
Landtag7thUlrike Liedtke
SPD
since 25 September 2019
20192024
Government (50)
SPD (25)
CDU (15)
Alliance 90/The Greens (10)
Opposition (38)
AfD (24)
The Left (10)
Non-inscrits (4)

Free Hanseatic City of Bremen
Bürgerschaft21stAntje Grotheer
SPD
since 29 June 2023 (second term)
27 March 2019–3 July 2019 (first term)
20232027
Government (47)
SPD (27)
Alliance 90/The Greens (10)
The Left (10)
Opposition (40)
CDU (24)
Bündnis Deutschland (9)
FDP (5)
Non-inscrits (2)

Free Hanseatic City of Hamburg
Bürgerschaft22ndCarola Veit
SPD
since 23 March 2011
20202025
Government (86)
SPD (53)
Alliance 90/The Greens (33)
Opposition (37)
CDU (15)
The Left (12)
AfD (6)
Non-inscrits (4)

Hesse
Landtag21st100pxAstrid Wallmann
since 31 May 2022
20232028
Government (75)
CDU (52)
SPD (23)
Opposition (58)
AfD (28)
Alliance 90/The Greens (22)
FDP (8)

Lower Saxony
Landtag19thHanna Naber
SPD
since 8 November 2022
20222027
Government (81)
SPD (57)
Alliance 90/The Greens (24)
Opposition (65)
CDU (47)
AfD (18)

Mecklenburg-Vorpommern
Landtag8thBirgit Hesse
SPD
since 22 May 2019
20212026
Government (43)
SPD (34)
The Left (9)
Opposition (36)
AfD (14)
CDU (12)
Alliance 90/The Greens (5)
FDP (5)

North Rhine-Westphalia
Landtag18thAndré Kuper
CDU
since 1 June 2017
20222027
Government (115)
CDU (76)
Alliance 90/The Greens (39)
Opposition (80)
SPD (56)
FDP (12)
AfD (11)
Non-inscrits (1)

Rhineland-Palatinate
Landtag18thHendrik Hering
SPD
since 18 May 2016
20212026
Government (55)
SPD (39)
Alliance 90/The Greens (9)
FDP (6)
Opposition (46)
CDU (31)
AfD (6)
Free Voters (6)
Non-inscrits (4)

Saarland
Landtag17th100pxHeike Becker
SPD
since 25 April 2022
20222027
Government (29)
SPD (29)
Opposition (22)
CDU (19)
AfD (3)

Free State of Saxony
Landtag7thMatthias Rößler
CDU
since 29 September 2009
20192024
Government (67)
CDU (45)
Alliance 90/The Greens (12)
SPD (10)
Opposition (52)
AfD (35)
The Left (14)
Non-inscrits (3)

Empty seat (1)

Saxony-Anhalt
Landtag8thGunnar Schellenberger
CDU
since 6 July 2021
20212026
Government (56)
CDU (40)
SPD (9)
FDP (7)
Opposition (41)
AfD (23)
The Left (12)
Alliance 90/The Greens (6)

Schleswig-Holstein
Landtag20thKristina Herbst
CDU
since 07 May 2022
20222027
Government (48)
CDU (34)
Alliance 90/The Greens (14)
Opposition (21)
SPD (12)
FDP (5)
SSW (4)

Free State of Thuringia
Landtag7thBirgit Pommer
The Left
since 26 November 2019
20192024
Government (42)
The Left (29)
SPD (8)
Alliance 90/The Greens (5)
Opposition (48)
AfD (19)
CDU (21)
FDP (4)
Non-inscrits (4)

Groupings

See main article: Group status in German state parliaments.

Notes and References

  1. Web site: Volksentscheid und Bundestagwahl: So hat Bremen abgestimmt – WESER-KURIER. 25 September 2017.
  2. Web site: Verfassung des Landes Baden-Württemberg.
  3. Web site: Verfassung von Berlin – Abschnitt III: Die Volksvertretung. March 2016.
  4. Web site: Wahlsystem der Abgeordnetenhauswahl 2016 in Berlin.
  5. Web site: Wahlsystem der Bürgerschaftswahl 2019 in Bremen (#HBWahl).
  6. Web site: Wahltermine in Deutschland (2021, 2022 usw.).