Opposition Act

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In Germany , objection laws are federal laws that can come into force without the consent of the Bundesrat . After concluding the mediation procedure, the Federal Council can object to the law with a majority of the state votes (at least 35 votes). This objection can be overruled by the Bundestag with a majority.

In Germany, all federal laws are passed by the Bundestag . Laws that require approval also need a majority in the Federal Council. In principle, all federal laws are objection laws, consent laws are only those laws for which the Basic Law expressly prescribes (e.g. Art. 73 (2), 74 (2) GG)

With regard to objection laws, the Federal Council can first request that the mediation committee be called upon. This is occupied equally by the Bundestag and Bundesrat. At the end of the mediation process, the Federal Council can object to the law or allow it to pass. If an objection arises, the Bundestag can overrule the objection with a majority and still allow the law to come into force.

If the Bundesrat raises the objection by a majority, an absolute majority of its members is required in the Bundestag to pass the law ( Art. 77 GG ). If the Bundesrat supports its objection with a two-thirds majority, then a two-thirds majority of the members present is also necessary in the Bundestag (but at least more than half of the members of the Bundestag) in order to pass the law.

See also