Bulletin n. 3/2006
December 2006
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Oeter S., Wolff j.
    La posición del Bundesrat tras la reforma del federalism
    in Revista de Derecho Constitucionál Europeo , n. 6 anno 3 ,  2006
    The 1 of September of 2006 has come into force the fiftieth second and until now more important reform of the Fundamental Law of Bonn. The so called “reform of the federalism” pretends, on the one hand, to clarify the system of distribution of competitions between the Federation and the Länder, and, on the other hand, to accelerate the legislative procedure at federal level reducing the number of federal laws that need the favorable vote from the Bundesrat to be approved (the so called “Zustimmungsgesetze”). This reduction of the quota of “Zustimmungsgesetze”, that, according to the most optimistic calculations, could reach to the forty percent, could make suppose that the position of the Bundesrat in the constitutional structure of the federal State has been clearly weaked for this reform. The object of the present work its to solve two questions, if the constitutional reform has really affected substantially the position of the Bundesrat like central agency of participation of the Länder in the federal policy and to what extent. The reached conclusion, after a detailed analysis of the most important changes and the rules that have not been modified, is that, in fact, it is not possible to appreciate any outstanding change in the position of the Bundesrat within the organic and functional structure of the German federal State.
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