Senate of the Free and Hanseatic City of Hamburg
The Senate of the Free and Hanseatic City of Hamburg is in accordance with Article 33 paragraph 2 sentence 1 of the. Constitution of Hamburg on June 6, 1952 (short. HmbVerf), the state government of the Free and Hanseatic City of Hamburg ; he leads and supervises in accordance with Article 33 paragraph 2 sentence 2 HmbVerf. as a constitutional organ the (executive) administration . It represents and represents the city-state to the outside world and, as there is no separation of state and communal tasks, it is also the highest body for communal tasks.
Since the re-election of Peter Tschentscher ( SPD ) as First Mayor and President of the Senate by the Hamburg citizenship on June 10, 2020, the red-green Senate Tschentscher II has been in office . Formally, he replaced the Tschentscher I Senate .
Composition and choice
The Senate consists of the President of the Senate ( First Mayor ), the deputy appointed by him ( Second Mayor ) and the other members ( Senators ). The number of Senate members is limited to 12 in the Senate Act.
The senators can belong to a political party or be non-party . You are not allowed to exercise any further office or any other professional activity while you are in the Senate. If a member of the state parliament, the Hamburg citizenship , is elected senator himself, his mandate is suspended and a candidate from his party moves up to the citizenship.
After the meeting of a newly elected citizenry, the first mayor is elected by a majority of the legal members of the citizenry in a secret ballot . The Senate members appointed by him are then confirmed jointly (without individual votes for the respective person) by the citizenry without discussion and in secret ballot. Senators appointed later can also be confirmed individually.
Because of a constitutional amendment, the mayor was elected directly by the Hamburg citizenship for the first time after the 1997 general election. Previously, she elected the proposed Senate members individually (and could also vote them out individually by means of a vote of no confidence ). The elected members of the Senate then elected the president and the deputy from among their number in a secret ballot.
tasks
The Senate is the government of the State of Hamburg. As the highest management body, it leads and supervises the administration and is at the same time the highest body for municipal tasks, since the city-state of Hamburg does not provide for any separation of state and municipal tasks.
The Senate represents and represents Hamburg vis-à-vis other states and countries.
The Senate decides on matters of general importance. As a rule, the districts in Hamburg and the district assembly elected there themselves decide on decentralized administrative tasks , but the Senate can also take such decisions (right of evocation ) and decide on them. The Senate also has the right to pardon . He appoints and dismisses civil servants and takes oaths to be taken from the state, unless this has been transferred to other offices.
The First Mayor is in charge of Senate affairs and has been responsible for guidelines since 1997 . The Senate previously determined the guidelines for politics.
Each senator is regularly the head of a department ( president ) of a senate authority, this corresponds to a ministry in an area. The Senate itself performs important administrative tasks with the help of Senate offices that work across disciplines for the entire Senate. Senate offices are the Senate Chancellery and the Personnel Office.
The Senate can appoint permanent Senate syndici. These state councilors are the highest officials in the departments assigned to them (senate authorities and offices) and support and represent the senators as political officials.
The Senate meetings traditionally take place on Tuesdays in the Hamburg City Hall. The councils of state take part in an advisory capacity. To relieve or support its work, the Senate can set up Senate Commissions for certain matters in which the Councilors of State can also have voting rights.
Each senator is also assigned deputations (civil co-decision-making bodies) in his authority .
Senate Agencies and Senators
The office of President of the Senate of the Free and Hanseatic City of Hamburg, which is held by the First Mayor, has been held by Peter Tschentscher ( SPD ) since March 28, 2018 . He was elected on the same day by the Hamburg parliament , the state parliament, and continued a red-green senate coalition that was formed after the 2015 mayor election under the first mayor Olaf Scholz (SPD), who was in office until March 13, 2018 (Senate Senat Scholz II and Tschentscher I ) and who was confirmed in office in the 2020 general election. As a result, Tschentscher was re-elected as First Mayor on June 10, 2020. The appointment of the other Senate members by Tschentscher and their confirmation by the citizens also took place on June 10, 2020. The Senate Tschentscher II and the appointed State Councilors ( Senatssyndici ) in the 22nd electoral term are the following persons:
history
There has been a Senate in Hamburg since 1216. Until 1860 it was called Rat (or Rath) and supplemented itself. The up to 60 councilors, most of whom came from the leading merchant families, elected the “word-keeping” mayors from within their own ranks. The Senate has been elected by the citizens since 1860. Until 1918 the senators were elected for life.
Senate since 1945
See also
- Politics in Hamburg
- Hamburg Senate 1861–1919
- Hamburg Senate 1919–1933
- Hamburg Senate under National Socialism 1933–1945
Web links
- Website of the Senate of the Free and Hanseatic City of Hamburg
- Constitution of the Free and Hanseatic City of Hamburg: Section “III. The Senate"
- Senate Act
- Rules of Procedure of the Senate of the Free and Hanseatic City of Hamburg from November 4, 2008
Individual evidence
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↑ Hans Peter Ipsen: Hamburg State and Administrative Law. Introduction and resources for academic use. In: Hamburg treatises on public law. 5th edition. Volume 46. Gerold & Appel, Hamburg 1975, p. 8, 15.
Hans Peter Ipsen: Hamburg's constitution and administration. From Weimar to Bonn. Reprint of the Hamburg 1956 edition. Scientia, Aalen 1988, pp. 295 ff.
Günter Hoog: Hamburg's constitution. Outline, development, comparison. Nomos, Baden-Baden 2004, ISBN 3-8329-0931-1 , p. 91 f.
Klaus David: Constitution of the Free and Hanseatic City of Hamburg. Comment. 2nd Edition. Richard Boorberg, Stuttgart 2004, ISBN 3-415-03119-5 , Art. 34 Rn. 2.
Uwe Bernzen, Michael Sohnke: Constitution of the Free and Hanseatic City of Hamburg. Comment with decision register. Mauke, Hamburg 1977, Art. 43 Rn. 1.
Ulrich Karpen: Hamburg State and Administrative Law. Edited by Wolfgang Hoffmann-Riem, Hans-Joachim Koch. 3. Edition. Nomos, Baden-Baden 2006, ISBN 3-8329-1006-9 , p. 43.
Werner Thieme: Constitution of the Free and Hanseatic City of Hamburg. Commentary with an appendix of Hamburg constitutional laws. Harvestehuder Fachverlag, Hamburg 1198, ISBN 3-933375-00-2 , p. 110.
Wilhelm Drexelius, Renatus Weber: The constitution of the Free and Hanseatic City of Hamburg from June 6, 1952. Commentary. De Gruyter, Berlin 1972, ISBN 3-11-003781-5 , Art. 43 Rn. 1.
Otto Uhlitz: On the question of the head of state in the federal states. In: Public Administration. Volume 19, 1972, pp. 293, 295 (takes the view that the First Mayor is head of state). - ↑ see Article 33 (3) of the Hamburg Constitution .
- ↑ hamburg.de
- ↑ Application for confirmation of the second mayor appointed by the first mayor and the other senators (citizen's printed matter 22/445). Hamburg Citizenship, June 10, 2020, accessed on June 11, 2020 .
- ↑ Short minutes of the 6th session of the citizenship of the 22nd electoral period on Wednesday, June 10th, 2020. Hamburg citizenship, June 12th, 2020, accessed on June 12th, 2020 .
- ↑ State Councilors 16 State Councilors support the Hamburg government in its work. Hamburg Senate, accessed June 12, 2020 .
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