1. Federal Structure
   1. Why maintain the Lander?
      1. Already in existence when the Parliamentary Council was meeting (the members of the Council had been appointed by the Lander) to draft a constitution for the West German state. The possibility that the Land governments, parliaments, constitutions, and parties would be swept aside would have been unthinkable for the general populace.
      2. The allies were in favour of it because power would be decentralised thus preventing the kind of control available to Hitler. Additionally institutions (bank, courts, etc.) were spread across the country to avoid the influence of a single point being manipulated. Federalism was a bulwark against dictatorship.
   2. Development
      1. In reality few of them were traditional Lander; Prussia was broken up after 1945.
      2. Varied considerably in terms of wealth, industrialisation, size and population
      3. The possibility that Lander might be rearranged was recognised in the Basic Law (29)
      4. Prior to reunification only one change was made; fusion of three Lands to form Baden-Wurrtemberg.
   3. Basic Law
      1. The state is a 'democratic and social federal state'
      2. In theory the Lander have legislative powers unless the Basic Law specifically states otherwise. There are joint and concurrent areas of responsibility.
      3. Article 23 ensures that the Lander participate in the process of EU policy-making.
      4. They can raise taxes
      5. There is are financial equalisation measures to ensure that standards of living are kept in balance
      6. Federal law overrides Land law where the two are in conflict, assuring a level of homogenity.
   4. Practice
      1. Few opportunites for Lander legislation but they do participate in federal legislation process through the Bundesrat.
      2. They implement and administer federal policy in their area, other than foreign and defence policy, or those areas specifically remitted to federal agencies.
      3. The Constitutional Court settles any misunderstandings
2. The Lander
   1. Description
      1. There are 16 Lander
      2. Each Land has its own parliament, elected by PR on a 4/5 year term.
      3. Responsible for - Education Policing Courts System Regional Economy Aspects of environmental protection Cultural matters Local system of government
      4. Shares some 'joint tasks' with the federal government; these are few and include coastal protection
      5. Distinctive element of German federalism is that with the exception of foreign affairs and a few other element, administrative responsibility for Land and Federal policy lies with the Lander. The Lander have the responsibility of executing federal laws within their Land; this is the origin of the term 'cooperative federalism'.
   2. Reunification
      1. Reunification brought 5 new and poor Lander. The system of financial equalisation was not applied to them until 1995, instead monies were drawn from the federal budget, rather than the Land budget to equalise their situation.
   3. Land Politics
      1. The politics of the Lander may appear homogeneous when examined at a national level, in the context of institutions and federalism. However, the situation is not uniform when one looks at the Lander individually. The political situtation nationally may not be the same as locally; there may be a variety of coalitions.
      2. Success at Land level, as a minister, may be a springboard to a career at national level.
      3. Conversely success at federal level often means success at Land level again later on.
      4. Land elections dictate the balance of power in the Land and in the Bundesrat.
      5. Land elections are also seen as signals to parties and the government at national levels,
      6. Terms vary; usually 5 years
   4. Reform
      1. The constitution of 1949 and West Germany were seen as only temporary measures. Little attention was paid to the variance between Land units; social, economic, size, population, etc.
      2. Two past reports, Euler and Luther, recommended amalgamations as made possible under the Basic Law, by means of referenda. No action ensued.
      3. Reunification presented the opportunity to look at the situation again but the complexity of reunification itself meant that the opportunity was missed.
      4. Reunification itself has led to centralisation because the new Lander would not have been economically viable; the subsequent engagement meant that the federal government encroached upon their activites, thus increasing its own power
      5. Recent legislation (2006) has served only to clarify areas of responsibility.
3. Federalism
   1. There are various political linkages to the federal political system
   2. The Bundesrat
      1. Can veto absolutely any legislation affecting Lander powers or financing.
      2. Has the right to a preliminary opinion on any legislation before it commences its route through the Bundestag and Bundesrat.
      3. Most government have found themselves with a minority in the Bundesrat, so they are at the mercy of a veto there. Compromise and consultation are important.
   3. Lander embassies
      1. Missions are headed by a minister of a Land government operate closely with Bundesrat delegations from the Land. The minister may act as a deputy to the minister-president of his Land in the Bundesrat and in the Mediation Committee.
   4. The committees
      1. There are committees linking the Lander to each other and also Lander - Federal committees
      2. There are many of them; there are regular meetings between minister-presidents of the Lander and the Chancellor, and between federal and Land departmental ministers. Leaders of Bundestag party groups also meet with their Land counterparts regularly.