Order to form a government

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In many countries there is a legal or tradition that the head of state after elections a politician with the mandate to form a government or government contract entrusted. In other countries, politicians from the strongest party (or party group) often claim an (informal) vote of this kind for themselves.

Formal government mandate

In European monarchies in particular, there is often the traditional constitutional rule that the monarch appoints and enacts the government. While this was an actual instrument of power of the monarch in the age of absolutism , it was reduced to a formal act with increasing parliamentarization. It is now the task of the head of state, after the election, to find the politician who has a chance to bring together a parliamentary majority for his government, to give the government mandate. If this does not succeed in achieving a majority, he gives the government mandate back to the monarch and the monarch names another politician with the government mandate.

Denmark

In Denmark, the constitution provides that the king appoints (and dismisses) the head of government and ministers. In state practice, the king receives the party leaders in order of parliamentary group strength and has their willingness to form a coalition reported. If there is a majority government, the designated Prime Minister receives the government mandate. If this is not the case, a politician who has the best chance of forming a minority government receives a formal inquiry from the monarch.

Netherlands

In the Netherlands it has been customary since 1918 for the king, who appoints prime ministers and ministers according to the constitution, to entrust the formateur (i.e. the politician who can bring a parliamentary majority behind him) with the government mandate after consulting the party representatives ( informators ) .

East Timor

In East Timor , it is up to the president to appoint a future prime minister to form a government. This then has to present its government program to the national parliament within 30 days. If this is rejected by the majority of MPs, the government can submit a second program. If this is also rejected, the government has failed. The president can then appoint someone else to form a government or dissolve parliament and call for new elections. The latter happened in 2018.

Spain

In Spain, the King holds talks with the parliamentary groups after the election and proposes the most promising candidate to the President of the Cortes . This then faces the vote of confidence in Parliament. If he does not get a majority, the procedure is repeated.

Sweden

Until the constitutional amendment in 1975, Sweden had a situation similar to that of Denmark. In the constitutional amendment of 1975, the participation of the crown in the formation of a government was removed from the constitution. Since then, the spokesman for the Reichstag has had the task of moderating the government-forming process that the king previously had.

Informal government mandate

Even in countries where there is no formal government mandate, politicians sometimes claim a government mandate from their party. If the majority situation is unclear, it is sometimes both sides who claim the government mandate for themselves. So took Gerhard Schröder for the lost 2005 election for the SPD claimed to have received the government order since the SPD had become the strongest party (if you take the result of the opposition parties only that the CDU considered). Even Angela Merkel said she suppose the government order and was able to win it.

literature

Individual evidence

  1. ↑ Art. 14, Constitution of Denmark
  2. ↑ Udo Kempf, Jürgen Hartmann: Heads of State in der Demokratie, 2011, ISBN 9783531933825 , pp. 55–56, online
  3. ^ Rui Graça Feijó: Timor-Leste: is Díli on (Political) Fire Again? , Presidental Power, December 11, 2017 , accessed December 11, 2017.
  4. ^ Udo Kempf, Jürgen Hartmann: Heads of State in der Demokratie, 2011, ISBN 9783531933825 , pp. 71–72, online
  5. ↑ Udo Kempf, Jürgen Hartmann: Heads of State in der Demokratie, 2011, ISBN 9783531933825 , pp. 61–62, online
  6. ^ SPON: Elefantenrunde 2005
  7. ↑ Focus: "Accept government mandate" from September 18, 2005