Constitution for the state of North Rhine-Westphalia

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State constitution
Basic state structure
Basic data
Title: Constitution for the state of
North Rhine-Westphalia
Short title: State constitution of North Rhine-Westphalia (not official)
Abbreviation: Verf NRW, Verf NW (all not official)
Type: State Law
Scope: North Rhine-Westphalia
Legal matter: Constitutional law
References : SGV. NRW. 100
Issued on: June 28, 1950
( GV.NW.p. 127)
Entry into force on: July 11, 1950
Last change by: Art. 1 G of April 11, 2019
(GV. NRW. P. 202)
Effective date of the
last change: 		April 24, 2019
(Art. 2 G of April 11, 2019)
Please note the note on the applicable legal version.

The constitution for the state of North Rhine-Westphalia was adopted by referendum at the same time as the election of the second state parliament on June 18, 1950 , and came into force on July 11, 1950. The twenty or so constitutional amendments that have taken place since then have been adopted by the state parliament . The constitution can only be changed if at least two thirds of all members of the state parliament or two thirds of half of all eligible voters in North Rhine-Westphalia are in favor.

construction

The constitution for the state of North Rhine-Westphalia is divided into three parts. The first part lays down the foundations of the country. The second part ("Of the basic rights and the order of community life") declares in Article 4 Paragraph 1 the basic rights and civil rights laid down in the Basic Law in the version of May 23, 1949 as part of the constitution and directly applicable state law. In contrast to most other German state constitutions, there is no separate catalog of basic rights . The fundamental right to data protection was added as the only self-declared fundamental right in December 1978. The second part also contains regulations on family, school, culture and religion, work, economy and the environment. To this end, numerous state goals and guiding principles are laid down in Articles 5 to 29a . The third part contains provisions on the organs and tasks of the state, the state parliament, the state government and legislation as well as the regulations on the administration of justice, the constitutional court, administration and the financial system of the state.

Parliament

The Landtag is the central legislative body in the country's political system. Its tasks include passing laws and monitoring the actions of the state government. It forms a public forum for the formation of political will, which consists of members elected by the citizens of the country who are entitled to vote. The deputies vote according to their free conviction, determined only by the consideration of the welfare of the country. They are representatives of the entire population and are not bound by orders. As a rule, the members of parliament form a group.

Electoral term

The electoral period of the Landtag has been five years since 1969 (previously four) and begins with the constituent session of the Landtag. The new election takes place in the last quarter of the electoral term. The electoral period of the 14th state parliament elected on May 22, 2005 ran from June 8, 2005 to June 8, 2010.

The state parliament can be dissolved by resolution of the state parliament, which requires a majority of the statutory number of members. The state government can dissolve the state parliament if a bill of the state government that has been rejected by the state parliament is adopted by a referendum . In the event of dissolution, the new elections must take place within sixty days. Since the constitution came into force, only one term has ended early. On March 14, 2012, the 15th state parliament dissolved itself.

Suffrage

The Constitution defines the state election law to the in Germany generally accepted electoral principles universality , equality , immediacy , secrecy of and freedom , which are fixed in the basic law, firmly. A specific electoral process - such as proportional representation - is not prescribed. The right to vote is linked to the completion of the 18th year of life, the eligibility to the age of majority . The eligibility of civil servants and public employees may be restricted.

Meeting

The first session of the Landtag takes place no later than the 20th day after the election, if the electoral period of the previous Landtag is not running at this point in time. It is called to the constituent meeting by the Presidium of the old Landtag, which also chairs it until a new Presidium is elected. An interim bureau knows the North Rhine-Westphalian parliament not.

The state parliament must be convened by the state parliament president if a quarter of the members or the state government so request.

The meetings are generally open to the public, an application for exclusion of the public must be made by at least ten members and approved by a two-thirds majority of those present.

Membership rights

As in the other countries, MEPs enjoy immunity , indemnity , a comprehensive right to refuse to testify and a free mandate . They are also granted the right to use the railways freely in the country. They are also entitled to diets .

State government

The Prime Minister must - a specialty of the North Rhine-Westphalian constitution - belong to the state parliament. A majority of the members of the state parliament is required in the first ballot and more than half of the votes cast in the second and third ballot; in the fourth ballot there is a runoff between the two best-placed candidates. The election of the Prime Minister is secret and takes place without debate.

The Prime Minister has the authority to issue guidelines in the state government and has the decisive vote in the event of a tie in the government.

The Prime Minister himself appoints the ministers, one of whom he appoints as his deputy. In contrast to the prime minister, the ministers and the deputy prime minister do not have to have a state parliament mandate. After the resignation of Wolfgang Clement on October 21, 2002 until Peer Steinbrück's election on November 6, 2002, Minister for Urban Development Michael Vesper ran the business of the Prime Minister without being a member of the state parliament.

In contrast to some other countries, the appointment of ministers does not require confirmation from the state assembly. They are only sworn in at the Landtag session before the Landtag following their appointment.

The ministerial principle applies to the ministers ; in the event of differences of opinion, the state government decides as a college.

Representing the state externally is primarily the responsibility of the state government as a whole, which can delegate this to the prime minister, individual ministers or authorities.

The term of office of the prime minister ends with resignation, death, meeting of a newly elected state parliament or a constructive vote of no confidence , the term of office of ministers through dismissal, resignation, death or end of the office of the prime minister. As a rule, the offices are to be continued until a successor is elected or appointed. Furthermore, members of the state government can be removed from office by the Constitutional Court on the basis of ministerial charges for breach of the constitution or law. The ministerial indictment requires a decision of the state parliament with a two-thirds majority.

Simultaneous membership of the Prime Minister or a minister in the Federal Government or in the Bundestag is not permitted.

legislation

The legislature is incumbent on the state parliament and direct legislation through popular initiatives and referendums .

The right of initiative is available to the state parliament, the state government or a referendum.

A constitutional amendment in 2002 significantly lowered the hurdles for introducing a referendum. A referendum now requires the support of 8% of those eligible to vote (previously 20%). Petitions for a referendum on taxes, financial issues and pay are not permitted.

The Provincial Government may by Parliament rejected draft laws put forward a referendum. If the referendum is unsuccessful, the state government must resign; on the other hand, if the bill is passed in a referendum, the state government can dissolve the state parliament.

A referendum has the effects of a statutory resolution if the majority of the voters, but at least 15% of those entitled to vote, approve the proposal.

Laws amending the constitution require either a two-thirds majority of the members of the state parliament or a two-thirds majority in referendum, which must constitute the majority of those entitled to vote.

The state government has a suspensive veto against laws passed by the state parliament .

Unless otherwise stipulated, laws come into force fourteen days after the relevant gazette has been issued.

In the event of an emergency , which has to be determined by the Presidium of the State Parliament, the State Government has a comprehensive right to issue ordinances. Emergency ordinances require the consent of the main committee of the state parliament, if this cannot be consulted, the countersignature by the state parliament president. As soon as the state parliament can convene again, the emergency ordinances must be confirmed by it or become invalid. The determination of the state of emergency is only valid for one month.

Jurisprudence

The constitution contains only sparse rules on jurisdiction , as this essentially falls under the legislative competence of the federal government.

In this respect, Article 72, Paragraph 1 of the Constitution is noteworthy, according to which the courts judge in the name of the German people , whereas according to the federal procedural regulations the judgments are made in the name of the people . In addition, the constitution stipulates the stipulation of the participation of "men and women from the people in accordance with the law" (Art. 72, Paragraph 2), i.e. honorary judges , allows judicial indictments (Art. 73) and advertises the establishment of one at least two instances of existing administrative jurisdiction (Art. 74).

According to Art. 75 No. 5a LV NRW, constitutional complaints from citizens can also be brought before the Constitutional Court for the State of North Rhine-Westphalia .

Constitutional jurisdiction is exercised by the Constitutional Court for the State of North Rhine-Westphalia , which consists of seven constitutional judges elected by the state parliament for ten years.

literature

Web links

Footnotes

  1. ↑ We in NRW - The state portal. State constitution. In: land.nrw.de. Ministry of the Interior of North Rhine-Westphalia, accessed on July 31, 2019 .
  2. ↑ Applicable laws and ordinances (SGV. NRW.) As of July 5, 2019. Constitution for the state of North Rhine-Westphalia. In : recht.nrw.de. Ministry of the Interior of North Rhine-Westphalia, accessed on July 31, 2019 .
  3. ↑ State Parliament of North Rhine-Westphalia. MPs & parliamentary groups. In: landtag.nrw.de. Ministry of the Interior of North Rhine-Westphalia, accessed on July 31, 2019 .
  4. ↑ Art. 64 para. 4