The following is a guest post by Maximilian Spitzley, a foreign law intern working with Foreign Law Specialist Jenny Gesley at the Global Legal Research Directorate of the Law Library of Congress. It is part of our Frequently Asked Legal Questions series.
On November 6, 2024, the coalition of the Social Democratic Party (SPD), the Green Party (Die Grünen), and the liberal Free Democratic Party (FDP), which formed the German government, was dissolved when Chancellor Olaf Scholz (SPD) dismissed Finance Minister Christian Lindner (FDP) following an escalating dispute over the federal budget for 2025. Since then, Chancellor Scholz has announced his intention to present a vote of confidence to the German parliament (Bundestag) on December 16, 2024. With the governing coalition dissolved and now missing a majority in the Bundestag, Scholz’s actions are intended to lead to a vote of no confidence, triggering snap elections in early 2025. The involved parties have already agreed on February 23, 2025, as a possible election date.
- How is a government formed in Germany?
Germany is a parliamentary democratic republic. According to the German Basic Law (Grundgesetz, GG), the country’s constitution, the Federal President (Bundespräsident) is the head of state, though with a primarily ceremonial role, acting as a representative of Germany at home and abroad. The main political role is filled by the head of government, the German chancellor. Following national elections, the Bundestag elects the chancellor, which then selects members of the government. (Basic Law, art. 63.) Both the chancellor and the ministers must be formally appointed by the president. (Id. arts. 63, para. 2, sentence 2, 64, para. 1.)
In the Bundestag, an absolute majority is needed to elect a chancellor, a majority rarely held by a single party. (Id. art. 63, para. 2.) In the approximately 75-year history of the Federal Republic of Germany, this has happened only once, in the late 1950s. Usually, two or three parties, based on a shared legislative agenda (Koalitionsvertrag), form a coalition. The chancellor is selected from the coalition party with the most parliamentary seats, with other coalition parties assigned various ministerial positions.
- What is the general procedure to trigger snap elections?
From a constitutional standpoint, actions within the federal government do not directly affect parliament’s existence. The Basic Law establishes the Bundestag as a separate constitutional entity and does not grant it the right to dissolve itself.
Snap elections are only triggered when the president dissolves the Bundestag. This can occur if the Bundestag cannot elect a chancellor after an election or if an incumbent chancellor loses a vote of confidence in the Bundestag and requests dissolution from the president. (Id. art. 63, para. 4, art. 68, para. 1.) If the president announces the dissolution, a new election date will be set, which must occur within 60 days. (Id. art. 39, para. 1.) During this period, the federal government remains in a “caretaker role” until a new chancellor and ministers are appointed.
- Is there an alternative to triggering snap elections?
Under article 68 of the Basic Law, the chancellor is not required to request the dissolution of the Bundestag following a vote of no confidence. As an alternative to snap elections, a party or coalition lacking a majority in the Bundestag can attempt to form a minority government. In this scenario, it must seek to assemble issue-based majorities in parliament for each legislative proposal. Minority governments, which were historically common in the Weimar Republic and continue to be frequently formed in Northern Europe, have become exceedingly rare in contemporary Germany, where they typically endure for only a matter of weeks.
- Are there any requirements for a vote of confidence?
The Basic Law does not set additional conditions for a chancellor to bring a vote of confidence before the Bundestag. However, constitutionally, the procedure is intended to allow the chancellor to reinforce their mandate by securing a positive vote. In a 2005 ruling, the German Federal Constitutional Court (Bundesverfassungsgericht) affirmed that a dissolution-oriented vote of confidence is warranted only when a government with parliamentary support has lost its capacity to act effectively. According to the Court, effective governance requires that the chancellor sets the policy direction with political intent and enjoys the backing of a parliamentary majority. (Decision, para. 143.)
- Has this situation occurred before in Germany?
It has been rare for a chancellor to invoke article 68 of the Basic Law and call for a vote of confidence in the Bundestag; this has occurred only five times in the history of Germany. In both 2005, under Chancellor Schröder, and 1982, under Chancellor Kohl, the vote was brought with the aim of triggering snap elections.
The chancellor may submit a vote of confidence independently or link it to a specific policy decision. This combined approach has only been used once: in 2001, when the federal government requested the deployment of German armed forces to support the U.S.-led fight against international terrorism in Operation “Enduring Freedom” in Afghanistan.
- Is there a German government shutdown looming in 2025?
The collapse of the governing coalition was primarily driven by disagreements over the federal budget for 2025, making it highly unlikely that a federal budget will be passed before the upcoming elections. Article 111 of the Basic Law provides a solution for this scenario through provisional budget management, allowing the federal government to meet its legally mandated obligations and prevent major disruptions, particularly with regard to social services. While the initiation of new projects is restricted, article 111, paragraph 2 of the Basic Law provides a special borrowing authorization if available funds prove insufficient. Therefore, unlike in the United States, a delayed budget does not result in a government shutdown.
- Where can I find additional resources?
The Law Library of Congress has published several resources on Germany and its parliament online, including:
- Guide to Law Online: Germany
- Global Legal Monitor: Germany
- Jenny Gesley, National Parliaments: Germany (2016)
Further information can be found here:
If you have a question regarding German law, you can also submit it using the Ask a Librarian form on our website.
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