Federal Minister Act

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Basic data
Title: Law on the Legal Relationships of Members of the Federal Government
Short title: Federal Minister Act
Abbreviation: BMinG
Type: Federal law
Scope: Federal Republic of Germany   
Legal matter: Constitutional law
References : 1103-1
Issued on: June 17, 1953
( BGBl. I p. 407 )
Entry into force on: September 20, 1949
(§ 24 BMinG)
Last change by: Art. 7 Regulation of June 19, 2020
( Federal Law Gazette I p. 1328, 1329 )
Effective date of the
last change:
June 27, 2020
(Art. 361 of June 19, 2020)
Please note the note on the applicable legal version.

The Federal Minister Act contains regulations on the legal status of the members of the German Federal Government . The forerunner was the Reich Ministerial Law of 1930.

The Federal Government consists of the Federal Chancellor and the Federal Ministers ( Art. 62 GG). The legal relationships of parliamentary state secretaries who can support the members of the federal government in fulfilling their governmental tasks are regulated separately in the law on the legal relationships of parliamentary state secretaries. However, numerous provisions of the Federal Ministers Act apply accordingly to parliamentary state secretaries (§§ 5 ff. ParlStG).

Section 1 of the law stipulates that the members of the federal government have a public-law office relationship with the federal government .

Partly the regulation of § 2 Paragraph 2 2nd Alt. BMinG regarded as unconstitutional, according to which the official relationship begins with the swearing-in even without the handing over of the certificate.

In § 4 it is stated that a Minister may not be a member of a state government simultaneously.

Section 11 regulates the remuneration of the Federal Ministers and the Chancellor. Federal ministers receive one and third of the salary according to B11 , the chancellor one two thirds.

The UN Convention against Corruption was implemented in July 2015 with the introduction of a waiting period of up to 18 months before starting work outside the public service for members of the Federal Government who are leaving the Federal Government and for Parliamentary State Secretaries in Sections 6a to 6d BMinG ( Federal Law Gazette I p. 1322 ).


  • Volker Busse: Commentary on the Federal Minister's Law , in: Das Deutsche Bundesrecht, Nomos Verlagsgesellschaft Baden-Baden, 2015

Web links

Individual evidence

  1. Law on the Legal Relationships of Parliamentary State Secretaries (ParlStG) of July 24, 1974 ( Federal Law Gazette I p. 1538 ), which was last amended by Article 2 of the law of July 17, 2015 ( Federal Law Gazette I, p. 1322 )
  2. Dreier , GG Komm, Art. 64, Rn 26 with further references
  3. Basic information on the law amending the Federal Ministers Act and the law on the legal relationships of parliamentary state secretaries in the DIP documentation and information system of the German Bundestag