Exclusive legislation

The exclusive legislation in Germany provides that only the federal government is entitled to regulate certain areas through legal norms ( legislation ). Only if the federal states are authorized to do so in a federal law, they may regulate sub-areas themselves according to the provisions of this federal law. Articles 71 and 73 of the Basic Law form the legal basis . - In addition, the federal states have exclusive legislative competence.

Exclusive legislative competence of the federal government

Exclusive legislative competence of the federal government according to Art. 73 GG

The legal areas of exclusive legislation according to Art. 73 GG include:

all foreign , de facto supranational matters too
Citizenship Regulations
Currency and money issues
Unit of the customs and trade area
Cooperation between the Federation and the Länder in the criminal police
Defense, including the protection of civilians
copyright

The following areas have been added as a result of the federalism reform:

Exclusive legislative competence of the federal government according to other norms of the Basic Law GG

In addition to the catalog of Article 73, further exclusive legislative powers are listed in the Basic Law, in particular:

Military service with weapons, Article 4, Paragraph 3 of the Basic Law

Federal and State:
- Parties, Article 21 (5) of the Basic Law
- Representation of the state as a whole, Art. 22 Para. 1 GG
- European Union, Art. 23 Para. 1, 3, 7 GG
- Transfer of sovereign rights, Article 24, Paragraph 1 of the Basic Law
- Weapons intended for warfare, Article 26 (2) of the Basic Law
- Reorganization of the federal territory, Art. 29 Abs. 2, 6, 7 GG

Bundestag:
- Federal Election Act, Article 38.3 of the Basic Law
- Federal Election Examination Act, Article 41, Paragraph 3 of the Basic Law
- Defense Commissioner, Art. 45b GG
- Federal Petitions Committee, Art. 45c para. 2 GG
- Diets for members of the Bundestag, Article 48.3 of the Basic Law

Federal President:
- Election and term of office of the Federal President, Article 54, Paragraph 7 of the Basic Law

Federal legislation:
- Exclusion of the legislative competence to create equivalent living conditions or the preservation of legal or economic unity in the national interest, Article 72, Paragraph 4 of the Basic Law (cf. also Article 93, Paragraph 2 of the Basic Law)
- Constitutional amendment, Art. 79 Para. 1, 2

Execution of federal laws, federal administration:
- Participation in state administration, federal supervision, Art. 84 Para. 1, 5 GG
- Participation in order management, Art. 85 para. 1 GG
- Subject areas at federal administration,
  - Facultative institution, Art. 87 Para. 1, 3 GG
  - Federal Armed Forces Administration , Article 87b, Paragraph 1 of the Basic Law

Joint tasks, administrative cooperation, Art. 91a para. 2 GG

Jurisprudence:
- Working method of the Federal Constitutional Court, Article 94, Paragraph 2 of the Basic Law
- Working method of joint senate of the highest courts, Art. 95 Abs. 3 GG
- Military criminal courts, transfer of jurisdiction to the federal states in certain cases, Article 96 (2) and (5) of the Basic Law
- Legal status of judges, Article 98, Paragraph 1 of the Basic Law

Finance
- Distribution of expenses; Federal financial aid, Art. 104a Para. 3, 4, 5 GG
- Customs duties and financial monopolies, Art. 105 Para. 1 GG
- Details distribution of taxes, Art. 106 Para. 3, 4, 5, 7 GG
- Federal and state finance administration; Financial jurisdiction, Art. 108 Abs. 1, 2, 4, 5, 6 GG
- Budgetary management in the federal and state levels, Art. 109 Para. 4 GG
- Extraordinary and unscheduled expenditure, Art. 112 GG
- Accounting, auditing, Article 114, Paragraph 2 of the Basic Law
- Borrowing, guarantees, Art. 115 Para. 1, 2 GG