Popular representation

from Wikipedia, the free encyclopedia

The people's representation is the political representation of the people in an organized and structured body . Representation of the people at the level of the nation state or a member state is usually referred to as parliament and is part of the legislature at this level .

Representation of the people in Germany

In Germany, according to Article 38.1 sentence 2, Article 28.1 sentence 2 of the Basic Law , the people must have a general, free, equal, directly and secretly elected representation in the federal government, in the states , in the districts and municipalities .

In addition to the popular representations prescribed by the Basic Law, there are also popular representations in the Free State of Bavaria at the level of the seven Bavarian districts .

The representative bodies are

  • in the federal government: the German Bundestag (as part of the federal legislature)
  • in a federal state: the state parliament (state parliament, house of representatives, citizenship) (as the state's legislature)
  • in a Bavarian district: the district assembly (as part of the executive)
  • in a district or district : the district council (as part of the executive)
  • in the municipality: the municipal council (with changing names, see municipal council ; as part of the executive, if not identical to the state parliament)
  • in parts of large communities: the district assembly (in Hamburg)

The EU Parliament is also the elected representative of all citizens of the EU member states.

Non-German EU citizens have the right to take part in local and European elections in Germany .

The Bundesrat, as the second legislative body at the federal level, is not a representative body. It is composed of members of the state governments ( executive ) who are bound by instructions and represents the interests of the individual states in legislation.

Representation of the people's assembly

The President of the Bundestag represents the parliament, the Bundestag, as the “symbolic and official personification of Parliament” in its “entirety”.

Representation of the people in Austria

The legal situation in Austria is comparable to that in Germany. The representative bodies of the regional authorities (federal, state and local authorities) are referred to as "general representative bodies".

At the federal level, the parliament is represented by the National Council , at the state level it is the nine state parliaments and at the community level the municipal councils. According to the established case law of the Constitutional Court , the district representatives in Vienna also belong to the "general representative bodies".

Non-Austrian EU citizens have the right to participate in municipal council elections in Austria and in district council elections in Vienna as well as in European elections.

Individual evidence

  1. BVerfG, judgment of February 15, 1952, Az. 2 BvE 1/51, BVerfGE 1, 115 f.
  2. BVerfG, judgment of October 7, 1969, Az. 2 BvQ 2/69, BVerfGE 27, 152, 157.
  3. electoral principles on www.oesterreich.gv.at