Rules of Procedure of the Federal Government

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Basic data
Title: Rules of Procedure of the
Federal Government
Abbreviation : GOBReg
Issued
on the basis of:		 Art. 65 GG
Announcement day: May 11, 1951 ( GMBl. P. 137)
Last change
by: 1) 		Amendment announcement of
Nov. 21, 2002 (GMBl. P. 848)
Weblink: GOBReg
1) Please note the note on the current version !

The Rules of Procedure of the Federal Government ( GOBReg ) are issued on the basis of Article 65 of the Basic Law for the Federal Republic of Germany and must be approved by the Federal President . It is published in the Joint Ministerial Gazette . The GOBReg has only rarely been changed since 1951, and then only in individual regulations. The essential rules according to which the federal government acts therefore also result from state practice and above all from the joint rules of procedure of the federal ministries (GGO).

content

The GOBReg is the code of procedure of the federal government as a collegiate body and contains regulations on the cooperation between the Federal Chancellor and Federal Ministers , on the cooperation between the Federal Ministers as well as some regulations regarding parliamentary state secretaries , (civil servant) state secretaries , other political officials and other senior officials in the Federal Chancellery and federal ministries . It is divided into four parts: Federal Chancellor (I.), Deputy Federal Chancellor (II.), Federal Minister (III.) And Federal Government (IV.). It reflects the balance of the basic principles of government activity laid down in the Basic Law. It explains the interaction between the Federal Chancellor's authority to issue guidelines, the responsibility of the Federal Ministers and the collegial principle for a large number of government decisions.

The regulations are partly of a purely declaratory nature, but sometimes also specify existing law or represent independent regulations. In addition to the Basic Law, there are overlaps, for example, with the provisions of the Civil Service Framework Act (BRRG) and the Federal Civil Service Act (BBG) or the law on the legal relationships of parliamentarians State Secretaries (ParlStG).

The GOBReg is in its legal nature according to rules of procedure and therefore, although it specifies the provisions of the Basic Law, does not have the status of constitutional law. It is purely internal law of the federal government and has no binding effect on the outside, neither with regard to other constitutional organs nor to the citizen. A violation of the rules of procedure cannot therefore be asserted in court.

The organizational power of the Federal Chancellor

The organizational power of the Federal Chancellor (for the creation, amalgamation and regulation of responsibilities of the federal ministries) results from Article 64.1 and Article 65 GG. This corresponds to § 9 GOBReg, which is also the basis for the organizational decrees of the Federal Chancellor (BKOrgErl).

The organizational decrees of the Federal Chancellor change the division of responsibilities of the predecessor. By comparing the respective organizational decrees, a complete history of the organizational development of the Federal Republic of Germany can be traced. The last organizational decrees were on November 22, 2005, September 19, 2007, December 19, 2008, October 28, 2009, December 17, 2013 and March 14, 2018.

Its organizational power is restricted by the establishment of the Federal Ministry of Defense ( Article 65a GG: Federal Minister of Defense ), the Federal Ministry of Justice ( Article 96, Paragraph 2, Sentence 4 of the Basic Law: Division of the Federal Minister of Justice ) and the Federal Ministry of Finance ( Art. 108 para. 3 sentence 2 GG: Federal Minister of Finance ).

See also

literature

  • Ernst-Wolfgang Böckenförde : The organizational power in the area of ​​government. An investigation into the constitutional law of the Federal Republic of Germany. 2nd edition, Duncker & Humblot GmbH, 1964, ISBN 3-428-02477-X .
  • Volker Busse, Hans Hofmann: Federal Chancellery and Federal Government. 5th edition, CF Müller, Heidelberg 2010, ISBN 978-3-8114-7734-6 .
  • Volker Busse: Commentary on the Federal Government's rules of procedure. In: The German Federal Law. Nomos Verlagsgesellschaft, Baden-Baden 2013.

Web links

Individual evidence

  1. ^ Organizational order of the Federal Chancellor of November 22, 2005
  2. ^ Organizational order of the Federal Chancellor of September 19, 2007
  3. ^ Organizational order of the Federal Chancellor of December 19, 2008
  4. ^ Organizational decree of the Federal Chancellor of October 28, 2009
  5. ^ Organizational order of the Federal Chancellor of December 17, 2013
  6. ^ Organizational order of the Federal Chancellor of March 14, 2018