Germany’s 16 states, called Länder, have substantial constitutional authority; government is not run entirely from the federal level. The Basic Law makes the Länder responsible for exercising state powers unless it assigns or permits them elsewhere. In practice, the Federation makes laws in specified fields, Länder administer many federal laws, and Land governments help shape federal legislation through the Bundesrat.
How are powers divided between Germany and its states?
The Basic Law is Germany’s constitution and the starting point for determining which level of government may act. Article 30 states: “Except as otherwise provided or permitted by this Basic Law, the exercise of state powers and the discharge of state functions is a matter for the Länder.” For lawmaking, Article 70 applies that principle: Länder may legislate unless the Basic Law confers legislative power on the Federation.
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That means the Federation does not have a general authority to legislate on every subject. The relevant constitutional provisions determine whether a field is federal, shared, or left to the Länder. The answer can also depend on the specific function within a broad policy area.
What kinds of lawmaking power does each level have?
The Basic Law distinguishes exclusive federal powers, concurrent powers, and legislative authority that remains with the Länder. The categories answer who may make a law; they do not, by themselves, tell you which level will administer it.
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| Type of power | Who may legislate? | Examples or rule |
|---|---|---|
| Exclusive federal | The Federation. A Land may legislate only where and to the extent federal law expressly authorizes it. | Foreign affairs, defence, citizenship, currency and customs. |
| Concurrent | Länder may legislate only for as long as, and to the extent that, the Federation has not exercised its power in that field. | Civil law, criminal law, road traffic, association and assembly, and business law. In some fields, the Basic Law also sets conditions for federal legislation. |
| Residual Land authority | The Länder, where the Basic Law has not conferred legislative power on the Federation. | Article 70 establishes the general rule; a field’s precise boundaries still depend on the relevant constitutional provisions. |
Exclusive federal powers
Article 71 sets the rule for exclusive federal fields: a Land can legislate only if federal law expressly authorizes it, and only within the scope of that authorization. Foreign affairs and defence are examples of fields assigned exclusively to the Federation.
Concurrent powers
In a concurrent field, Article 72 allows Länder to legislate while the Federation has not exercised its competence. Once federal law covers a matter, Land lawmaking is limited to the extent that the federal power has been used. Some subjects listed in Article 72(2) have an additional constitutional condition: federal legislation must be necessary to establish equivalent living conditions or preserve legal or economic unity. This is not a blanket rule that every example of concurrent power is controlled in the same way.
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Federal law’s priority does not create federal power
Article 31 says, “Federal law shall take precedence over Land law.” This rule resolves a conflict between applicable federal and Land provisions; it does not give the Federation authority to legislate on every subject. First determine whether the Federation had constitutional competence to make the law. Priority matters only after that question.
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Who carries out the laws?
Lawmaking and administration are separate parts of the system. The Länder execute many federal laws in their own right, subject to constitutional exceptions, federal oversight rules, and the terms of the particular law. As a result, a federal rule may be implemented by Land administrations rather than by a federal office.
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When asking who is responsible for a policy, distinguish at least three things: who has constitutional authority to legislate, which administration applies the law, and whether Land governments participate in federal decisions. A single subject can involve more than one of these roles.
Which responsibilities are especially associated with the Länder?
Education, police, culture and media are commonly associated with Land responsibilities. These labels are useful orientation, not an absolute boundary for every related question. The precise allocation depends on the constitutional provision and, where federal lawmaking is permitted, the relevant federal and Land laws. For example, saying that education or policing “belongs to the states” should not be taken to settle every specific function within those areas.
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How do the Länder influence federal laws?
The Länder also participate in national decision-making through the Bundesrat, which represents the state governments. Some federal bills require Bundesrat consent under the Basic Law. This gives Land governments a role in federal lawmaking even when the subject is not simply a matter reserved to the states.
The Bundesrat’s role is distinct from a Land’s own legislative competence: participation in federal decisions does not turn every federal subject into a Land power, just as the Länder’s role in administration does not mean they wrote every law they carry out.
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How to work out who is responsible for a specific issue
- Identify the exact function. A broad label such as “education,” “police,” or “business law” may contain distinct tasks with different legal bases.
- Check the Basic Law’s allocation. Determine whether the Federation has exclusive or concurrent legislative competence, or whether the matter remains with the Länder.
- For a concurrent field, check whether and how far federal law has exercised the power. Also check whether an additional constitutional condition applies to that field.
- Separate the lawmaker from the administrator. A Land administration may execute federal law, so the office carrying out a rule is not necessarily the level that enacted it.
- Check the Bundesrat’s role. Some federal bills require its consent, giving the state governments a formal part in the decision.
The number of Länder—16—describes Germany’s federal structure, not the states’ overall share of public spending or policy power. Those questions require different evidence and cannot be inferred from the number of states.
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