Saxon State Parliament

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Saxon State Parliament
Sakski krajny sejm
logo Exterior view of the Saxon State Parliament
logo Exterior view of the Saxon State Parliament
Basic data
Seat: Saxon State Parliament in Dresden
Legislative period : five years
First session: October 1990
MPs: 119 ( 7th legislative term )
Current legislative period
Last choice: 1st September 2019
Next choice: 2024
Chair: State Parliament President
Matthias Rößler (CDU)
     
Distribution of seats:
  • CDU 45
  • AfD 38
  • Left 14
  • Green 12
  • SPD 10
  • Website
    www.landtag.sachsen.de

    The Saxon State Parliament ( Upper Sorbian Sakski krajny sejm ) is the state parliament of the Free State of Saxony . It is based in the building of the same name in the center of the state capital Dresden . The deputies are elected for five years. The state parliament is responsible for state legislation, the parliamentary control of the state government and administration, the determination of the budget and various elections. The parliament elects, among other things, the prime minister, the state constitutional judge, the president of the Saxon Court of Auditors, the presidium as well as the Saxon immigration officer and the Saxon data protection officer. It is usually made up of 120 members.

    The predecessors of today's state parliament were the Saxon provincial estates , which met from the 15th century , and which replaced them from 1831 to 1918 during the time of the Kingdom of Saxony . After the November Revolution in 1919, the Saxon People's Chamber emerged, which in 1920 became a state parliament again (during the Weimar Republic) , which in turn was brought into line by the National Socialists in 1933. From 1946 until the districts were formed in the GDR in 1952, there was again a state parliament in Saxony . The Saxon State Parliament has existed in its current form since reunification in October 1990 and the reorganization of the Free State.

    Entrance of the state parliament building in Dresden

    history

    Coat of arms of the state parliament with a baroque escutcheon, as shown on the first
    Saxon constitution of 1831 negotiated between the king and the state parliament

    Predecessors in the historical sense are the Landtag ( Saxon Landtag ), which has been meeting since the 15th century , which was converted into a constitutional parliament with two chambers in 1831 (cf. Saxon Landtag (1831-1918) ), the People's Chamber that emerged from the November Revolution in 1919 , the In 1920 it was again part of the state parliament (during the Weimar Republic) and was brought into line in 1933, and between 1946 and 1952 the state parliament of Saxony under the growing influence of the SED. The latter was built in the Soviet occupation zone after World War II . Until it was dissolved by the administrative reform of 1952 , two legislative terms were elected. After reunification in 1990, a new state parliament was formed for Saxony.

    Election results (second votes or list votes in percent) and distribution of seats in the Saxon state parliament from the 1st to 7th electoral term (since 1990)
    Political party 1st WP (1990) 2nd WP (1994) 3rd WP (1999) 4th WP (2004) 5th WP (2009) 6th WP (2014) 7th WP (2019)
    % Seats % Seats % Seats % Seats % Seats % Seats % Seats
    CDU 53.8 92 58.1 77 56.9 76 41.1 55 40.2 58 39.4 59 32.1 45
    AfD - - - - - - - - - - 9.7 14th 27.5 38
    PDS / Left 10.2 17th 16.5 21st 22.2 30th 23.6 31 20.6 29 18.9 27 10.4 14th
    Green 5.6 10 4.1 - 2.6 - 5.1 6th 6.4 9 5.7 8th 8.6 12
    SPD 19.1 32 16.6 22nd 10.7 14th 9.8 13 10.4 14th 12.4 18th 7.7 10
    FDP 5.3 9 1.7 - 1.1 - 5.9 7th 10.0 14th 3.8 - 4.5 -
    NPD 0.7 - - - 1.4 - 9.2 12 5.6 8th 4.9 - 0.6 -
    Rest 5.3 - 3.0 - 5.1 - 5.3 - 6.8 - 5.1 - 8.7 -

    Assignment of mandates, constitution and dissolution of parliament

    Elections to the Saxon State Parliament

    Since the beginning of the second electoral term in October 1994, the state parliament has generally consisted of 120 members who are elected to parliament for a period of five years by general, direct, free, equal and secret elections. The first electoral term was four years. The Saxon Landtag is entitled to vote for all citizens who have been registered with their main residence in Saxony for at least three months on election day, who have reached the age of 18 and who are German citizens. All eligible voters who have registered their main residence in Saxony for at least twelve months are eligible. The mandates are determined by a personalized proportional representation . With the first vote, referred to as the direct vote, the direct candidates competing against each other in the 60 Saxon state electoral districts are elected by majority vote. As with the list voice designated second vote , the percentage composition of the Diet is determined. The number of direct seats won by a party in the constituencies is deducted from the number of seats awarded on the basis of the second vote. The remaining mandates for the respective parties are assigned according to the order of the candidates on the state lists drawn up by the parties before the election. When awarding mandates, however, only parties that have received at least 5% of the list votes or have won at least two direct mandates in the constituencies are considered.

    If, however, a party has won more direct mandates than it would be entitled to based on the number of list votes, then this party receives overhang mandates . Compensation mandates are awarded to the other parties in accordance with the ratio of second votes . With these overhang and compensatory mandates, the state parliament can be composed of more than 120 members.

    The elections for the current 7th Saxon State Parliament took place on September 1, 2019.

    Constitution and dissolution of the state parliament, emergency parliament

    The constitution of the Landtag in the first session after the election must take place no later than the 30th day after the election. The senior president of the new state parliament, i.e. the oldest member of parliament, calls the session and chairs it until the new state parliament president is elected . This is traditionally provided by the strongest parliamentary group. In addition, the vice-presidents, the other members of the state parliament presidium and the secretaries are elected in the first meeting. In Saxony, the new prime minister is usually elected and the new state parliament's rules of procedure are also adopted at the constituent meeting. The conclusion is the election of the election review committee, which is supposed to investigate irregularities during the election and objections to the validity of the election.

    If the state parliament cannot elect a new head of government within four months of its constitution or after the resignation of a prime minister, the state parliament will be dissolved. In addition, two thirds of the members of parliament can dissolve the state parliament themselves by resolution. After such a decision, new elections must take place within 60 days.

    In times of crisis , a committee formed from all parliamentary groups in the state parliament can act as an emergency parliament and take over the rights of the state parliament (Article 113 paragraph 1). This happens when there is an imminent threat to the existence or to the free democratic basic order of the country or to the vital supplies of the population as well as if the state parliament is prevented from meeting immediately in the event of an emergency as a result of a natural disaster or a particularly serious accident. The constitution may not be changed by a law passed by this committee and the Prime Minister's confidence may not be withdrawn.

    Functions

    Legislative function

    The Saxon State Parliament is the legislative body in the Free State of Saxony (legislature). It passes all laws that fall within the competence of the Free State of Saxony. Like any other of the 16 state parliaments, the Landtag is only responsible for some of the laws in the federal Federal Republic , such as B. the school law or the police law. In addition, the Saxon state parliament approves the double budget every two years, which includes all income and expenditure of the Free State. The budget is the most important law that the state parliament passes. The members of parliament and parliamentary groups - in addition to the state government and the people - can introduce laws as drafts into the state parliament. Before a law is passed, it has to go through various stages of the legislative process.

    The legislative process always begins with the submission of a draft law that is justified in writing. This must be submitted either from the center of the state parliament, by the state government or by means of a popular motion to the state parliament for a resolution. Bills from the state government are formally introduced to the state parliament by the prime minister. Bills from the state parliament can only be introduced by one parliamentary group or by at least seven members, the minimum size of a parliamentary group. In order to introduce a bill to the state parliament through a popular motion, at least 40,000 citizens entitled to vote must support the motion by signing it. The parliamentary president receives the popular motion and decides on the constitutionality of the motion after obtaining an opinion from the state government. If the President of Parliament's assessment is negative, the Saxon Constitutional Court decides whether to continue the legislative process. If the draft law is admissible, the state parliament is responsible for the further procedure.

    Suggestions for laws or changes to the law mostly come from affected citizens, citizens' initiatives, interest groups or government authorities that implement laws and recognize the need for improvements. In addition, the parties and parliamentary groups or individual members of the state parliament endeavor to implement their election programs and election promises through laws. However, the state government brings most of the legislative initiatives to the state parliament. Since the government is dependent on the majority of the members of parliament in the state parliament, these members rely on the competence in the respective ministries with their respective administrative apparatus when drafting the law and only call on the government to initiate legislation. Bills from parliament are mostly presented by the opposition.

    Every draft law has to be discussed in at least one deliberation in the plenary session of the state parliament. All bills are submitted to the President of the State Parliament. The President arranges for all MPs to be informed about the draft law and immediately refers it to a committee. An initial consultation in the plenary and thus a public justification for the draft is not required. If the consignor does not agree, he can object and thus enforce an initial discussion of the bill. The author thus has the opportunity to briefly present his draft law in plenary session to the members of parliament and the public. If the bill has been introduced to the state parliament by means of a referendum, the ombudsman of the citizens' initiative who organized the proposal is publicly heard in a committee. The president or the plenary then refer the bill to one or more committees . Here, the specialist politicians advise intensively on the draft and proposed changes. In addition to the committee members of the political groups, the responsible ministers and their officials are also involved in the committee deliberations. The committee can also seek advice from external experts (public hearing). Finally, the committee recommends (by majority vote) to the state parliament whether it should adopt the law unchanged or in a modified form or reject it. In the second discussion, the draft law or the recommendation of the committee are discussed in detail in the plenary and in a way that is comprehensible to the public. After this debate, the MPs vote individually on each paragraph of the bill, followed by the final vote. If the majority of MPs votes in favor, the President of the State Parliament forwards the legislative resolution to the Prime Minister and the responsible Minister of State for countersignature. Then the President of the State Parliament drafts the law and forwards it to the state government for promulgation in the Saxon Law and Ordinance Gazette. The law is passed. In the case of bills introduced into the state parliament through referendums, the draft must be passed without changes within six months of being submitted to the state parliament president. Constitutionally passed laws must be announced within one month in the Law and Ordinance Gazette of the Free State of Saxony. Referendums rejected in the state parliament can be enforced against the will of the majority of parliamentarians , supported by a referendum with at least 450,000 signatures of Saxon citizens entitled to vote and a subsequent referendum .

    Control function

    The members of the state parliament monitor the actions of the government and its subordinate administration. A characteristic of parliamentary democracy is the division of parliament into a majority supporting the government and an opposition . Public control is usually exercised by the opposition. The parliamentary groups that run the government, on the other hand, criticize and control the executive as a rule internally within the parliamentary groups and outside the public. In addition to the Saxon executive, parliament controls legal entities under public law such as Landesbanken and broadcasting corporations while respecting their independence. In individual cases, private matters can also be affected, such as the relationship between commercial enterprises and the government and its administration.

    Control rights for the minority in parliament

    Formal instruments of the state parliament for control are the small , the large and the oral inquiry , the current hour to obtain information from the government and the establishment of investigative committees to publicly investigate closed issues, usually suspected misconduct by the government.

    With a small request, which can contain up to five individual questions to the government, individual MPs can obtain information from the state government. Since small questions often only concern matters in the constituency of a politician and are not of general political interest, they are usually only answered in writing. A major request can be submitted by a parliamentary group or by at least 5% of the members of the state parliament. They contain several sub-questions to force the government to comment on an important political issue. Major questions are therefore not only answered in writing, but also debated in plenary.

    During Question Time, which regularly takes place on Fridays in the plenary hall, each member of the government can ask two short questions orally and respond to the answer with up to two short questions. With this oral question, the MP tries to bring a current topic to the public at short notice. The questions must be submitted one week before Question Time to the President of the State Parliament, who will forward them to the government after a review. Current hours, during which two current debates are held in plenary, take place on Thursdays and Fridays in the mornings. The political groups have the right, in order of their strength, to nominate a topic for one of the maximum four debates per month. The topic that is mentioned first comes first. The topics may not be exchanged after registration. The speaking time per speaker is limited to five minutes during the current hour.

    These instruments for obtaining information are more important for the opposition groups than for the government groups, as the latter can also obtain information through informal channels to the government. Therefore, public inquiries and motions for Current Debates in the plenary are much more often made by the opposition.

    The minority in parliament has several options to react to mistakes in the government: They have the right to pass initiatives and motions even against the will of the parliamentary majority. The most important instrument, however, is the establishment of a parliamentary committee of inquiry. This requires a fifth of all members of the state parliament. However, the committee of inquiry can only investigate closed, past issues. To this end, the committee collects evidence through testimony during public meetings. The witnesses can also be sworn in. At the end of the taking of evidence, the committee will present a final report. If there are divergent assessments, the minority can add their own conclusions to the report in addition to the majority opinion. In the first and second electoral periods of the Saxon state parliament, three committees of inquiry were forced by the opposition. In the third electoral period, there were two committees of inquiry: The so-called Paunsdorf Committee, convened by the PDS , dealt with the behavior of the government around Prime Minister Kurt Biedenkopf when renting an administrative and shopping center in Leipzig . The second committee of inquiry, convened by the PDS and SPD, dealt with the connection between subsidies for companies and the financial support of an advertising campaign for the state of Saxony by these subsidized companies. In the fourth electoral term a committee of inquiry was convened by the PDS, which dealt with the control of Sachsen LB by the government.

    Another possibility for the opposition factions to control the government is an abstract judicial review suit , in which the Saxon Constitutional Court reviews laws that have already been passed by the parliamentary majority for their constitutionality.

    Control of the government by the parliamentary majority that supports it

    The government factions in the state parliament control the actions of the executive power primarily through participation, in particular through budget control within the framework of the legislative process. The parliamentary majority also controls the government through resolutions in which, for example, the government is requested to submit bills or initiatives. In addition, the election of the prime minister, including the constructive vote of no confidence, is one of the tools used by the parliamentary majority to control the government. The majority parliamentary groups can summon ministers and pass binding parliamentary resolutions and laws, even against the will of the government. The formal possibilities of the parliamentary majority to control the government, however, have a rather anticipatory effect: Knowing about these possibilities, the government will avoid pursuing a policy other than that desired by the majority in parliament.

    The Parliamentary Control Commission

    The task of the five deputies elected by the state parliament and their five deputies is to control the activities of the state office for the protection of the constitution . Since these members of parliament advise in secret and are obliged to keep the information obtained in the control commission confidential, the commission only serves to a limited extent for government control by the opposition. In contrast to other committees of the Landtag, the Parliamentary Control Commission continues its work beyond the current electoral period until a new Landtag has re-elected the commission.

    Insertion function

    The members of the Saxon state parliament elect the Prime Minister of the Free State by secret ballot without prior discussion . If the absolute majority is not achieved in the first ballot, the election must be repeated in which the relative majority of the votes is sufficient. The elected Prime Minister appoints and dismisses the members of the government. The individual ministers of state and state secretaries , like the prime minister, are politically responsible to parliament and depend on the majority of members of parliament. The Prime Minister, and thus the entire state government, can have their confidence withdrawn through a constructive vote of no confidence by the State Parliament, in that the State Parliament members elect a successor to the office of Prime Minister with an absolute majority. Therefore, in the event that none of the parties represented in the state parliament was able to win an absolute majority of the seats, a coalition agreement or some other electoral agreement between several parties is necessary to form a stable government .

    Federal insurance: Saxon LT-Del.
    year Delegates
    1994 41
    1999 39
    2004 34
    2009 33
    2010 34
    2012 33
    2017 34

    In addition, the MPs elect the members of the Constitutional Court with a two-thirds majority . Five professional judges and four other members are elected to interpret the constitution of the Free State of Saxony for a period of nine years . Furthermore, the state parliament elects the Saxon data protection officer with a majority of its members for six years and a foreigners commissioner for the duration of one electoral period of the state parliament. The President of the Court of Auditors is elected on the proposal of the Prime Minister for a period of twelve years with a two-thirds majority of the valid votes cast. The Court of Auditors, the data protection officer and the commissioner for foreigners must report to the state parliament once a year on their activities. For the election of the Federal President , the Saxon State Parliament elects delegates to the Federal Assembly according to the proportion of the population of Saxony in the total population of the Federal Republic and according to the strengths of the parties in the Saxon State Parliament.

    Political work

    Result of the state elections in 2019 and the composition of the state parliament

    In the state election in Saxony in 2019 , five parties exceeded the five percent threshold . This resulted in the following distribution of seats in the state parliament: (As of September 28, 2019)

    Political party Election result
    in percent
    Seats
    CDU 32.1 45
    AfD 27.5 38
    left 10.4 14th
    Green 8.6 12
    SPD 7.7 10
    Others 13.8 -

    According to Art. 41, Paragraph 1 of the Saxon State Constitution, the size of the Saxon State Parliament is 120 members. The AfD could not occupy a place because of the deletion of the list places 31-61 by the state election committee.

    Landtag Presidium

    The President of the State Parliament is the highest representative of the Saxon State Parliament . It is responsible for the affairs of the state parliament, including the smooth running of parliamentary operations, and represents the state parliament externally. The president of the state parliament belongs to the strongest parliamentary group in the state parliament, but according to the rules of procedure he is required to exercise restraint in party politics and to conduct his office fairly and impartially. The state parliament administration is subordinate to him. Matthias Rößler , CDU, has been President of the State Parliament since September 2009 . He took over the office from his party colleague Erich Iltgen , who had been president of the state parliament since 1990.

    The Presidency of the State Parliament consists of 21 members as follows:

    • President of the Landtag
    • two vice presidents
    • Group chairmen of all parliamentary groups represented in the state parliament
    • 13 other members according to the strength of the parliamentary groups

    In the sixth legislative period , the Presidium of the Saxon State Parliament presided over:

    Factions

    Article 46 paragraph 2 of the Constitution of the Free State of Saxony formulates a constitutional mandate to the Landtag to make an express provision in the rules of procedure for the amalgamation of the members of parliament. In the 6th electoral period, the corresponding regulations can be found in §§ 14 and 15 of the rules of procedure.

    As independent and legally independent structures of the Saxon State Parliament, parliamentary groups are associations of parliamentary law with their own rights and obligations. Political groups have rights that a single non-attached MEP does not have: only political groups can submit independent motions, apply for current debates and direct major questions to the state government.

    Further regulations can be found in the parliamentary group law.

    fraction Chairman Parliamentary executive director
    CDU Christian Hartmann Stephan Meyer
    left Rico Gebhardt Sarah Buddeberg
    SPD Dirk Panter Sabine Friedel
    AfD Jörg Urban Jan-Oliver dwarf
    Green Franziska Schubert Valentin Lippmann

    MPs

    According to the rules of procedure, the members of the parliament commit themselves to the following: “The members of the Saxon state parliament testify to the state that they devote all their energy to the welfare of the people in the Free State of Saxony, to increase their benefit, to prevent damage to them, to respect the constitution and the laws who will fulfill the duty and responsibility they have assumed to the best of their knowledge and ability and will serve peace in justice against everyone. "

    government

    Michael Kretschmer (CDU) has been Prime Minister since December 13, 2017 . Before that, Stanislaw Tillich had headed the Tillich III cabinet since November 2014 in a coalition with the SPD.

    Parliament building

    Round window front of the plenary chamber

    After the reunification in the GDR, the Saxon state parliament had its seat from October 27, 1990 to September 17, 1993 in the Dreikönigskirche in Dresden. After various considerations, the construction of a plenary hall began on October 1, 1991. The former building of the state tax office in Dresden's Devrientstrasse, in which the SED's city ​​and district management had its seat from 1946 to 1990 and which was originally built between 1928 and 1931, was included was. The hall could be used for the first time on the Day of German Unity on October 3, 1993. Its first meeting took place on October 14, 1993 in this building.

    The official handover did not take place until February 14, 1994. After the renovation of the old buildings between 1995 and 1997, the complex on the Neue Terrasse on the Elbe has been fully and unrestrictedly used since May 1997. A special feature of the state parliament building is the citizens' foyer, in which exhibitions are regularly held. There is a restaurant in the roof above the main portal.

    Images of the Saxon State Parliament

    See also

    literature

    • Karlheinz Blaschke (Ed.): 700 years of political participation in Saxony . Saxon State Parliament, Dresden 1994, DNB  956056768 .
    • Ulrich H. Brümmer: Party system and elections in Saxony. Continuity and change from 1990 to 2005 with special consideration of the state elections . VS Verlag, Wiesbaden 2006, ISBN 3-531-14835-4 .
    • Christian Demuth, Jakob Lempp (Ed.): Parties in Saxony . Be.bra, Berlin 2006, ISBN 3-937233-35-0 .
    • Caroline Förster: Officials, Politicians, Journalists - Actors and Remembrance. The Saxon State Parliament 1990–1994 . Thorbecke, Ostfildern 2017, ISBN 3-7995-8460-9 .
    • Thomas Gey, Helmar Schöne : This is how the Saxon state parliament works. 5th electoral term . NDV, Rheinbreitbach 2011, ISBN 3-87576-676-8 .
    • Eckhard Jesse , Thomas Schubert , Tom Thieme : Politics in Saxony . Springer VS, Wiesbaden 2014, ISBN 3-531-18550-0 .
    • Susann Mende: Loss of competence of the state parliaments in the area of ​​legislation. An empirical analysis using the example of the Saxon state parliament . Nomos, Baden-Baden 2010, ISBN 3-8329-5688-3 .

    Individual evidence

    1. The coat of arms of the Saxon state parliament. Saxon State Parliament, accessed on September 10, 2019 .
    2. Source for results up to the 4th electoral term: Algasinger, Table 1 on p. 11
    3. Final official result of the 2009 state elections in the Free State of Saxony. In: Web presence of the State Statistical Office of the Free State of Saxony . Regional Returning Officer Irene Schneider-Böttcher, September 11, 2009, accessed on October 26, 2013 .
    4. On the award of mandates: Algasinger, pp. 11–12.
    5. On overhang and compensation mandates: Algasinger, p. 12 f.
    6. a b On the constitution and dissolution of the Landtag: Algasinger, p. 14.
    7. Ebooks online , accessed March 24, 2020
    8. At the start of the legislative process: Algasinger, p. 102 f. (in the state parliament) / S. 106 ff. (By popular motion).
    9. On the causes and initiators of draft legislation: Algasinger, p. 103.
    10. On the legislative procedure after submission to parliament: Algasinger, pp. 104-108.
    11. a b On the control function: Algasinger, p. 19 f.
    12. On the control instruments: Algasinger, pp. 19–20 u. Pp. 95-96.
    13. a b On the investigation committee: Algasinger, p. 98 f.
    14. On small and large inquiries: Algasinger, p. 95.
    15. On the current hour and oral question: Algasinger, pp. 64 f., 95 f.
    16. On the frequency of use of the control instruments: Algasinger, p. 96.
    17. On the legal action suit: Algasinger, p. 99.
    18. On the control options of the parliamentary majority: Algasinger, p. 99 f.
    19. On the Parliamentary Control Commission: Algasinger, p. 101 f.
    20. ^ On the formation of a government: Algasinger, p. 15.
    21. 10th Federal Assembly (May 23, 1994). In: Web presence of the German Bundestag. German Bundestag, accessed October 1, 2009 .
    22. ^ Members of the 11th Federal Assembly. In: Web presence of the German Bundestag. German Bundestag, accessed October 1, 2009 .
    23. ^ Members of the 12th Federal Assembly. In: Web presence of the German Bundestag. German Bundestag, accessed October 1, 2009 .
    24. Wilko Zicht, Martin Fehndrich, Matthias Cantow: composition of the 13 Federal Assembly on May 23, 2009. In: Wahlrecht.de. May 24, 2009. Retrieved October 1, 2009 .
    25. www.wahlrecht.de , accessed on September 16, 2010.
    26. www.wahlrecht.de , accessed on May 11, 2012.
    27. www.wahlrecht.de , accessed on March 18, 2020.
    28. On the election of constitutional judges, data protection and immigration officers, the election of the President of the Court of Auditors and the election of the delegates for the Federal Assembly: Algasinger, p. 16.
    29. a b On the President of the State Parliament: Algasinger, p. 41.
    30. Uwe Nösner: Dr. Matthias Rößler new President of the State Parliament. In: Sächsischer Landtag (Ed.): Landtag Courier Free State of Saxony. SDV - Die Medien AG, Dresden 2009, p. 3.
    31. Rules of Procedure of the Saxon State Parliament. Saxon State Parliament, accessed on September 10, 2019 .
    32. Text of the parliamentary group law
    33. Constituent meeting: Matthias Rößler is again President of the Saxon state parliament - MDR.DE ( Memento from November 13, 2014 in the Internet Archive )

    Web links

    Commons : Saxon State Parliament  - collection of images, videos and audio files

    Coordinates: 51 ° 3 '24 "  N , 13 ° 43' 59"  E