Article 57 of the Basic Law for the Federal Republic of Germany

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Article 57 of the Basic Law for the Federal Republic of Germany regulates the deputy exercise of the function of the head of state of the Federal Republic of Germany .

text

The powers of the Federal President are exercised by the President of the Federal Council in the event that he is prevented from doing so or in the event of premature discharge. ( Art. 57 GG)

Explanations

According to the provision, the President of the Bundesrat exercises the functions of the Federal President as long as the Federal President is unable to exercise or the office is vacant.

Since according to the Königsteiner agreement the Office of the Federal President with the Prime Minister (mayors, First mayors, Senate President) of the countries rotated so exercises at deputy, a head of government at the state level at the same time the functions of head of state to the federal level off.

Article 57 was flanked by the (obsolete) Article 136 paragraph 2 of the Basic Law, according to which the President of the Federal Council exercised his powers (with the exception of the dissolution of the Bundestag) until the election of the first Federal President.

Legal comparison

In the Weimar Republic , the functions of the Reich President in the case of representation were initially exercised by the Reich Government , due to a constitutional amendment by the President of the Reich Court.