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The European Commission is headquartered in Brussels and is a politically independent supra-national body that represents and safeguards the interests of the entire EU. The EU Commission has the right to table proposals (right of initiative) for all common legal acts; as “guardian of the treaties” it ensures that common law is adhered to and in addition enjoys executive powers, for example with regard to the budget and monopolies laws. Finally it publicly represents the interests of the community. The Commission is headed by the Commission President, since 1 December 2019, Ursula von der Leyen of Germany. Each member state is represented by a Commission member.
In 1957, Germany was one of the six founding members of today’s EU, along with France, Italy, Belgium, the Netherlands and Luxembourg. The EU is currently made up of 27 states; the euro is the official currency in 20 of them. For Germany, European integration forms the basis for peace, security and prosperity. One of the key factors is the single European market. Germany also supports the integration of additional members in the EU..
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The Federal Government and cabinet is made up of the Federal Chancellor and the Federal Ministers. While the Chancellor holds the power to issue directives, the ministers have departmental powers, meaning that they independently run their respective ministries in the framework of those directives. Moreover, the cabinet abides by the collegial principle, in disputes the Federal Government decides by majority. The affairs of state are managed by the Chancellor.
The Basic Law determines that Germany is a constitutional state: All state authorities are subject to judicial control. Section 1 of the Basic Law is of particular relevance. It stipulates that respect for human dignity is the most important aspect of the constitution: “Human dignity shall be inviolable. To respect and protect it shall be the duty of all state authority.” Among other things, the other basic rights guarantee the freedom to act within the law, equality before the law, freedom of the press and media, freedom of association and protection of the family.
In determining that it is the people who exercise power through special bodies, the Basic Law lays down representative democracy as the form of rulership. Furthermore, it determines that Germany is a constitutional state: All state authorities are subject to judicial control. Another principle of the constitution is that Germany is a federal state, in other words the ruling authorities are divided up into a number of member states and the central state. In conclusion, the Basic Law defines Germany as a welfare state. The welfare state requires the political system to take precautions such that people are guaranteed a decent standard of material well-being in case of unemployment, disability, illness and in old age. One particular feature of the Basic Law is the so-called “eternal character” of these governing constitutional principles. Subsequent alterations to the Basic Law or a completely new constitution cannot encroach on the basic rights, the democratization of sovereignty, the federal state and the welfare state.
The Federal Constitutional Court is a characteristic institution of post-war German democracy. The Basic Law accorded it the right to repeal legislation passed as part of the legitimate democratic process should it come to the conclusion that such legislation contravenes the Basic Law. The Constitutional Court acts only when appealed to. Those entitled to lodge a complaint include the federal bodies Federal President, Bundestag, Bundesrat, Federal Government and their constituent parts – elected representatives or parliamentary parties – as well as federal state governments. In “constitution-related” disputes, the Constitutional Court acts to protect the division of powers guaranteed in the Basic Law and the federal state. In order to enable parliamentary minorities to be able to appeal to the Constitutional Court, one third of the elected representatives of the Bundestag is sufficient to submit a complaint against a valid law (“abstract judicial review”).
Furthermore, the Basic Law empowers individual citizens to launch a “constitutional complaint” should they feel that the state has infringed their basic rights. Year after year thousands of citizens register a complaint against the constitution. However, the Court reserves the right to select from the mass of petitions submitted only those that can be expected to result in verdicts that point the way ahead in terms of the validity of basic rights. Ultimately every German court is obliged to submit a petition for actual assessment of the normative basis to the Constitutional Court should it consider a law to be un-constitutional. The Federal Constitutional Court holds a monopoly on interpretation of the constitution with regard to all jurisdiction.