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{{Short description|Head of state of Germany}}
{{Infobox Political Post
{{Use dmy dates|date=September 2023}}
| post = President
{{About|the position of president of Germany in the current Federal Republic of Germany|the position of president of Germany in the Weimar Republic|President of Germany (1919–1945)}}
| body = <br />German Federal Republic
{{More citations needed|date=February 2022}}
| insignia = Standarte des Bundespräsidenten.svg
{{Infobox official post
| insigniasize = 100px
| post = Federal President
| insigniacaption = Presidential Standard
| body = the Federal Republic of Germany
| image = Horst Köhler.jpg
| native_name = {{lang|de|Bundespräsident der Bundesrepublik Deutschland}}
| incumbent = [[Horst Köhler]] <br> took office: [[July 1]], [[2004]]
| flag = Flag of the President of Germany.svg
| termlength = [[5]] [[years]]
| flagsize = 125px
| formation = [[September 13]], [[1949]]
| flagcaption = [[#Presidential standard|Standard of the German President]]
| inaugural = [[Theodor Heuss]]
| flagborder = yes
| website = [http://www.bundespraesident.de www.bundespraesident.de]
| insignia = Bundespräsident (Deutschland) Logo.svg
| insigniasize = 250px
| insigniacaption = Logo of the German President
| image = Bundespräsident Frank-Walter Steinmeier auf den Stufen der Villa Hammerschmidt in Bonn.jpg
| incumbent = [[Frank-Walter Steinmeier]]
| incumbentsince = 19 March 2017
| style = Herr Bundespräsident<br/>{{small|(informal)}}<br/>[[Excellency|His Excellency]]<br/>{{small|(diplomatic)}}
| status = [[Head of state]]
| deputy = [[President of the German Bundesrat]]<br /> ''(Ex officio)''
| residence = [[Bellevue Palace (Germany)|Schloss Bellevue]] ([[Berlin]])<br />[[Villa Hammerschmidt]] ([[Bonn]])
| appointer = [[Federal Convention (Germany)|Federal Convention]]
| termlength = 5 years, renewable once consecutively
| termlength_qualified =
| constituting_instrument = [[Basic Law for the Federal Republic of Germany]]
| salary = €254,000 annually<ref name="bundespraesident">{{cite web|url=http://www.bundespraesident.de/DE/Service/Fragen-und-Antworten/fragen-und-antworten-node.html#doc1894320bodyText5|title=Wie wird der Bundespräsident bezahlt?|website=bundespraesident.de}}</ref>
| precursor = The [[President of Germany (1919–1945)|Reichspräsident]]
| formation = {{Start date and age|df=yes|1949|5|24}}
| inaugural = [[Theodor Heuss]]
| website = {{URL|https://www.bundespraesident.de/EN/|bundespraesident.de}}
}}
}}
{{Politics of Germany}}
{{PoliticsGermany}}
The '''president of Germany''', officially titled the '''Federal President of the Federal Republic of Germany''' ({{langx|de|link=no|Bundespräsident der Bundesrepublik Deutschland}}),<ref name="FO Official title of President">The official title within Germany is ''{{lang|de|Bundespräsident}}'', with ''{{lang|de|der Bundesrepublik Deutschland}}'' being added in international correspondence; the official English title is President of the Federal Republic of Germany<br />{{cite book |author = Foreign Office of the Federal Republic of Germany |author-link = Foreign Office (Germany) |title = German Institutions |series = Terminological Series issued by the Foreign Office of the Federal Republic of Germany |volume = 3 |year = 1990 |publisher = de Gruyter |isbn = 978-0-89925-584-2 |page = 28 }}</ref> is the [[head of state]] of [[Germany]].
The '''President of Germany''' is [[Germany]]'s [[head of state]].


The current officeholder is [[Frank-Walter Steinmeier]] who was [[2017 German presidential election|elected]] on 12 February 2017 and [[2022 German presidential election|re-elected]] on 13 February 2022. He is currently serving his second five-year-term, which began on 19 March 2022.
After the abdication of the [[German Emperor]] in 1918 and the promulgation of the [[Weimar Constitution]], the [[President of Germany (Weimar Republic)|President of Germany]] ([[German Language|German]]: [[Reichspräsident]], President of the Realm) was Head of State in Germany. The office was abolished in 1934 with the death of President [[Paul von Hindenburg]]. Its powers were merged with those of [[Reichskanzler]]. [[Adolf Hitler]], whose official title was changed to "[[Führer]] und Reichskanzler". The office was briefly revived at the end of the [[Second World War]] when Hitler appointed Grand Admiral [[Karl Dönitz]] as his successor.


Under the [[Basic Law for the Federal Republic of Germany|1949 constitution (Basic Law)]] Germany has a [[parliamentary system]] of government in which the [[Chancellor of Germany|chancellor]] (similar to a prime minister or [[minister-president]] in other parliamentary democracies) is the head of government. The president has a ceremonial role as [[figurehead]], but also has the right and duty to act politically.<ref>Court ruling of the German Supreme Court: BVerfG, Urteil des Zweiten Senats vom 10. Juni 2014
The German Reich ceased to exist in 1945. After four years of Allied occupation, two German states were created in 1949: the [[Federal Republic of Germany]] (West Germany) in the former U.S., British and French zones of occupation, and the [[German Democratic Republic]] (East Germany) in the former Soviet Zone. Each German republic had its own heads of state with the title of President, although East Germany abandoned the title with the death of the first president, [[Wilhelm Pieck]], in 1960. There continued to be two heads of state on German soil until the [[Reunification of Germany]] in 1991. At that point the President of the Federal Republic became the president of the whole of Germany.
– 2 BvE 4/13 – Rn. (1–33) [Link https://www.bundesverfassungsgericht.de/e/es20140610_2bve000413.html], retrieved 30 May 2019</ref> They can give direction to general political and societal debates and have some important "[[Reserve power#Germany|reserve powers]]" in case of political instability (such as those provided for by Article 81 of the Basic Law).<ref>{{cite web|url=http://www.gesetze-im-internet.de/englisch_gg/englisch_gg.html#GGengl_000P81 |title=Basic Law for the Federal Republic of Germany |publisher=Gesetze-im-internet.de |access-date=22 November 2012}}</ref> The president also holds the prerogative to grant pardons on behalf of the federation. The German presidents, who can be elected to two consecutive five-year terms, have wide discretion about how they exercise their official duties.<ref>German constitutional court: BVerfG, – 2 BvE 4/13–10 June 2014, No. 28</ref>


Under Article 59 (1) of the Basic Law (German Constitution), the president represents the Federal Republic of Germany in matters of international law, concludes treaties with foreign states on its behalf and accredits diplomats.<ref>{{Cite web|title=Article: Role in the international arena|url=https://www.bundespraesident.de/EN/Role-and-Functions/RoleInTheInternationalArena/roleintheinternationalarena-node.html|access-date=21 February 2023|website=Der Bundespräsident|language=en}}</ref> Furthermore, all federal laws must be signed by the president before they can come into effect; presidents may veto a law if they believe it to violate the constitution.
==Weimar Republic presidency==
{{main|President of Germany (Weimar Republic)}}
During the [[Weimar Republic]] of [[1919]]-[[1933]] the head of state had the German title ''Reichspräsident''. This literally means 'President of the Reich' (''[[reich]]'' is an ambiguous German word that roughly means 'dominion', 'empire' or 'realm'). However in English he was usually simply referred to, like the modern president, as the President of Germany. The [[Weimar constitution]] created a [[semi-presidential system]] in which power was divided between the President, a cabinet and a parliament. The President enjoyed far greater power than the current president and had active political role, rather than a largely ceremonial one. The influence of the President also increased greatly as a result of the instability of the Weimar period.


The president's actions and public appearances represent the state itself, its existence, legitimacy, and unity. The president enjoys a higher ranking at official functions than the chancellor. The president's role is integrative and includes the control function of upholding the law and the constitution. It is a matter of political tradition – not legal restrictions – that the president generally does not comment routinely on issues in the news, particularly when there is some controversy among the political parties.<ref name="Constitutional basis">{{Cite web|title=Article: Constitutional basis|url=https://www.bundespraesident.de/EN/Role-and-Functions/ConstitutionalBasis/ConstitutionalBasis-node.html|access-date=21 February 2023|website=Der Bundespräsident|language=en}}</ref> This distance from day-to-day politics and daily governmental issues allows the president to be a source of clarification, to influence public debate, voice criticism, offer suggestions, and make proposals. In order to exercise this power, they traditionally act above party politics.<ref name="Constitutional basis"/>
The President had authority to appoint any Chancellor he wished and could dismiss the entire cabinet at any time. However it was also necessary for the cabinet to enjoy the confidence of the [[Reichstag (institution)|Reichstag]] (parliament) because it could be removed by a [[vote of no confidence]].<ref>{{cite web
| last =
| first =
| authorlink =
| coauthors =
| title = The Constitution of the German Federation of August 11, 1919
| work =
| publisher =
| date =
| url = http://www.zum.de/psm/weimar/weimar_vve.php
| format =
| doi =
| accessdate =2007-07-16}} </ref> All bills had to receive the signature of the president to become law and, although he did not have an absolute veto on legislation, he could insist that a law be submitted for the approval of voters in a [[referendum]]. The president also had authority to dissolve the Reichstag, conduct foreign affairs, and command the armed forces. Article 48 of the constitution also provided the president sweeping powers in the event of a crisis. If there was a threat to "public order and security" he could legislate by decree and suspend civil rights.


==Election==
Unlike the current President of Germany, the Weimar constitution provided that the president was directly elected and served a seven year term. The election involved a form of the [[Two-round system|two round system]]. However the first President was elected by the National Assembly and subsequently only two direct presidential elections actually occurred. These were the election of [[Paul von Hindenburg]] in [[1925]] and his re-election in [[1932]].
{{Main|Federal Convention (Germany)}}
The president is elected for a term of five years by secret ballot, without debate, by a specially convened [[Federal Convention (Germany)|Federal Convention]] which mirrors the aggregated majority position in the [[Bundestag]] (the federal parliament) and in the [[State Parliament (Germany)|parliaments]] of the 16 German [[States of Germany|states]]. The convention consists of all Bundestag members, as well as an equal number of electors elected by the state legislatures in proportion to their respective populations. Since reunification, all Federal Conventions have had more than 1200 members, as the Bundestag has always had more than 600 parliamentarians since then. It is not required that state electors are chosen from the members of the state legislature; often some prominent citizens are chosen.


The German constitution, the Basic Law, requires that the convention be convened no later than 30 days before the scheduled expiry of the sitting president's term or 30 days after a premature expiry of a president's term. The body is convened and chaired by the [[President of the Bundestag]]. From 1979 to 2009, all these conventions were held on 23 May, the anniversary of the foundation of the Federal Republic in 1949. The resignation of [[Horst Köhler]] in 2010, which necessitated an early meeting of the Federal Convention, brought this tradition to an end.
The system created by the Weimar constitution led to a number of problems. In particular, the fact that the President could appoint the cabinet, while the Reichstag had only a power of dismissal, created a high cabinet turn-over as ministers were appointed by the President only to be dismissed by the Reichstag shortly afterwards. Eventually Hindenburg stopped trying to appoint cabinets that enjoyed the confidence of the Reichstag and ruled by means of three "presidential cabinets" (''Präsidialkabinette''). Hindenburg was also able to use his power of dissolution to by-pass the Reichstag. If the Reichstag threatened to censure his ministers or revoke one of his decrees he could simply dissolve the body and be left able to govern without its interference until elections had been held.


In the first two rounds of the election, the candidate who achieves an absolute majority is elected. If, after two votes, no single candidate has received this level of support, in the third and final vote the candidate who wins a [[Plurality (voting)|plurality]] of votes cast is elected.
The Weimar presidency effectively came to an end in 1934 when Hindenburg died and Hitler became sole ruler of Germany. The office of president was not abolished, but combined with that of Reich Chancellor and [[Nazi Party]] Leader (''Führer'').<ref>{{cite book
| first = Reich Government
| title = Reichgesetzblatt part I
| publisher =Reich Government
| date =1 August 1934
| location =Berlin
| pages =p. 747
| url = http://de.wikipedia.org/wiki/Bild:RGBL_I_1934_S_0747.png
| accessdate =2007-07-16
| isbn = }}</ref>


The result of the election is often determined by party politics. In most cases, the candidate of the majority party or coalition in the Bundestag is considered to be the likely winner. However, as the members of the Federal Convention vote by secret ballot and are free to vote against their party's candidate, some presidential elections were considered open or too close to call beforehand because of relatively balanced majority positions or because the governing coalition's parties could not agree on one candidate and endorsed different people, as they did in 1969, when [[Gustav Heinemann]] won by only six votes on the third ballot. In other cases, elections have turned out to be much closer than expected. For example, in 2010, Wulff was expected to win on the first ballot, as the parties supporting him (CDU, CSU and FDP) had a stable absolute majority in the Federal Convention. Nevertheless, he failed to win a majority in the first and second ballots, while his main opponent [[Joachim Gauck]] had an unexpectedly strong showing. In the end, Wulff obtained a majority in the third ballot. If the opposition has turned in a strong showing in state elections, it can potentially have enough support to defeat the chancellor's party's candidate; this happened in the elections in 1979 and 2004. For this reason, presidential elections can indicate the result of an upcoming general election. According to a long-standing adage in German politics, "if you can create a President, you can form a government."{{citation needed|date=October 2017}}
However the title of ''Reichspräsident'' was briefly revived in the dying days of the Nazi regime when Admiral [[Karl Dönitz]] was appointed in Hitler's will as ''Reichspräsident'' in 1945. The legality of this appointment is highly questionable, but Dönitz acted as ''de facto'' Reichspräsident by signing the capitulation to the Allies. He was arrested for war crimes a few days later.


===Past elections===
===List of Presidents (''Reichspräsident'')===
{|class="wikitable" style="width: 90%;"
{| class="wikitable"
|-
|-
! Election !! Date !! Site !! Ballots !! Winner
!No.
(endorsing parties){{efn|governing parties in bold}}
!Name
! Electoral votes
!Took office
(percentage)
!Left office
! Runner-up
!Party
(endorsing parties){{efn|governing parties in bold}}
|-style="background:#FFE8E8;"
! Electoral votes
|1.||[[Friedrich Ebert]]||[[11 February]] [[1919]]||[[28 February]], [[1925]]||[[Social Democratic Party of Germany|SPD]]
(percentage)
|-style="background:#EDEDED;"
|-
|||[[Hans Luther]] (acting)||[[28 February]], [[1925]]||[[12 March]] [[1925]]||''None''
| [[1949 West German presidential election|1st Federal Convention]] || 12 September 1949 || [[Bonn]] || 2 || [[Theodor Heuss]]
|-style="background:#EDEDED;"
('''[[Free Democratic Party (Germany)|FDP]]''', '''[[Christian Democratic Union of Germany|CDU]]''', '''[[Christian Social Union in Bavaria|CSU]])'''
|||[[Walter Simons]] (acting)||[[12 March]], [[1925]]||[[12 May]] [[1925]]||''None''
| 416 (51.7%) || [[Kurt Schumacher]] <br /> ([[Social Democratic Party of Germany|SPD]]) || 312 (38.8%)
|-style="background:#EDEDED;"
|-
|2.||[[Paul von Hindenburg]]||[[12 May]], [[1925]]||[[2 August]] [[1934]]||''None''
| [[1954 West German presidential election|2nd Federal Convention]] || 17 July 1954 || [[West Berlin]] || 1 || Theodor Heuss <br />('''FDP''', '''CDU''', '''CSU''', SPD) || 871 (85.6%) || [[Alfred Weber]] <br />([[Communist Party of Germany|KPD]]) || 12 (1.2%)
|-style="background:#FFFFFF;"
|-
|3.||[[Adolf Hitler]] was head of state but used the titles ''Leader and Chancellor of the Reich'' [Führer und Reichskanzler]||[[2 August]], [[1934]]||[[30 April]], [[1945]]||[[NSDAP]]
| [[1959 West German presidential election|3rd Federal Convention]] || 1 July 1959 || West Berlin || 2 || [[Heinrich Lübke]] <br />('''CDU''', '''CSU''') || 526 (50.7%) || [[Carlo Schmid (German politician)|Carlo Schmid]] <br />(SPD) || 386 (37.2%)
|-style="background:#EDEDED;"
|-
|4.||[[Grand Admiral]] [[Karl Dönitz]]||[[1 May]], [[1945]]||[[23 May]], [[1945]]||''None (military)''
| [[1964 West German presidential election|4th Federal Convention]] || 1 July 1964 || West Berlin || 1 || Heinrich Lübke <br />('''CDU''', '''CSU''', SPD) || 710 (68.1%) || [[Ewald Bucher]] <br />('''FDP''') || 123 (11.8%)
|-
| [[1969 West German presidential election|5th Federal Convention]] || 5 March 1969 || West Berlin || 3 || [[Gustav Heinemann]] <br />('''SPD''', FDP) || 512 (49.4%) || [[Gerhard Schröder (CDU)|Gerhard Schröder]] <br />('''CDU''', '''CSU''', [[National Democratic Party of Germany|NPD]]) || 506 (48.8%)
|-
| [[1974 West German presidential election|6th Federal Convention]] || 15 May 1974 || Bonn || 1 || [[Walter Scheel]] <br />('''FDP''', '''SPD''') || 530 (51.2%) || [[Richard von Weizsäcker]] <br />(CDU, CSU) || 498 (48.1%)
|-
| [[1979 West German presidential election|7th Federal Convention]] || 23 May 1979 || Bonn || 1 || [[Karl Carstens]] <br />(CDU, CSU) || 528 (51%) || [[Annemarie Renger]] <br />('''SPD''') || 431 (41.6%)
|-
| [[1984 West German presidential election|8th Federal Convention]] || 23 May 1984 || Bonn || 1 || Richard von Weizsäcker <br />('''CDU''', '''CSU''', '''FDP''', SPD) || 832 (80%) || [[Luise Rinser]] <br />([[Alliance 90/The Greens|Greens]]) || 68 (6.5%)
|-
| [[1989 West German presidential election|9th Federal Convention]] || 23 May 1989 || Bonn || 1 || Richard von Weizsäcker <br />('''CDU''', '''CSU''', '''FDP''', SPD) || 881 (84.9%) || None || 108 (10.4%) no-votes
|-
| [[1994 German presidential election|10th Federal Convention]] || 23 May 1994 || [[Berlin]] || 3 || [[Roman Herzog]] <br />('''CDU''', '''CSU''') || 696 (52.6%) || [[Johannes Rau]] <br />(SPD) || 605 (45.7%)
|-
| [[1999 German presidential election|11th Federal Convention]] || 23 May 1999 || Berlin || 2 || Johannes Rau <br />('''SPD''', '''Greens''') || 690 (51.6%) || [[Dagmar Schipanski]] <br />(CDU, CSU) || 572 (42.8%)
|-
| [[2004 German presidential election|12th Federal Convention]] || 23 May 2004 || Berlin || 1 || [[Horst Köhler]] <br />(CDU, CSU, FDP) || 604 (50.1%) || [[Gesine Schwan]] <br />('''SPD''', '''Greens''') || 589 (48.9%)
|-
| [[2009 German presidential election|13th Federal Convention]] || 23 May 2009 || Berlin || 1 || Horst Köhler <br />('''CDU''', '''CSU''', FDP, [[Free Voters|FW]]) || 613 (50.1%) || Gesine Schwan <br />('''SPD''', Greens) || 503 (41.1%)
|-
| [[2010 German presidential election|14th Federal Convention]] || 30 June 2010 || Berlin || 3 || [[Christian Wulff]] <br />('''CDU''', '''CSU''', '''FDP''') || 625 (50.2%) || [[Joachim Gauck]] <br />(SPD, Greens) || 494 (39.7%)
|-
| [[2012 German presidential election|15th Federal Convention]] || 18 March 2012 || Berlin || 1 || Joachim Gauck <br />('''CDU''', '''CSU''', '''FDP''', SPD, Greens, Free Voters, [[South Schleswig Voters' Association|SSW]]) || 991 (79.9%) || [[Beate Klarsfeld]] <br />([[The Left (Germany)|The Left]]) || 126 (10.2%)
|-
| [[2017 German presidential election|16th Federal Convention]] || 12 February 2017 || Berlin || 1 || [[Frank-Walter Steinmeier]] <br />('''SPD''', '''CDU''', '''CSU''', Greens, FDP, SSW) || 931 (74.3%) || [[Christoph Butterwegge]] <br />(The Left) || 128 (10.2%)
|-
| [[2022 German presidential election|17th Federal Convention]] || 13 February 2022 || Berlin || 1 || Frank-Walter Steinmeier <br />('''SPD''', '''Greens''', ''' FDP''', CDU, CSU, SSW)|| 1045 (72.7%)|| [[Max Otte]] <br/>(AfD)|| 140 (9.74%)
|}
|}


{{Notelist}}
ŐŌŮčĐ==East Germany==


===Qualifications===
The German Democratic Republic had an office of President from 1949 to 1960, when the first and only President, the veteran Communist leader [[Wilhelm Pieck]], died. The ruling Socialist Unity Party then abolished the position. Thereafter the Chairman of the Council of State was the East German head of state until 1990. In the last months of East Germany's existence, this post was also abolished, and the President of the People's Chamber (Volkskammer) acted as head of state until East Germany ceased to exist. See [[Leaders of East Germany]] for a list of office-holders
The office of president is open to all Germans who are entitled to vote in Bundestag elections and have reached the age of 40, but no one may serve more than two consecutive five-year terms. As yet (2022), only five presidents (Heuss, Lübke, von Weizsäcker, Köhler and Steinmeier (in office)) have been elected for a second term and only two of them (Heuss and von Weizsäcker) completed those terms, while Lübke and Köhler resigned during their second term. The president must not be a member of the federal government or of a legislature at either the federal or state level.


===Oath===
===President of the GDR ''({{lang|de|Präsident der DDR}})'' (1949-1960)===
After taking office the president must take the following oath, stipulated by Article 56 of the Basic Law, in a joint session of the Bundestag and the [[German Bundesrat|Bundesrat]] (it is the only event that demands such a joint session constitutionally). The religious references may optionally be omitted.
*[[Wilhelm Pieck]] ([[Socialist Unity Party of Germany|SED]]) [[11 October]] [[1949]] to [[7 ṂṆ


<blockquote>I swear that I will dedicate my efforts to the well-being of the German people, promote their welfare, protect them from harm, uphold and defend the Basic Law and the laws of the Federation, perform my duties conscientiously and do justice to all. (So help me God.)<ref>{{cite book|title=Grundgesetz für die Bundesrepublik Deutschland|pages=Article 56|no-pp=true }}</ref></blockquote>
==West Germany==


German constitutional law does not consider oaths of office as ''constitutive'' but only as ''affirmative''. This means that the president does not have to take the oath at the moment of entering office in order to be able to exercise its constitutional powers. In practice, the oath is usually administered during the first days or weeks of a president's term on a date convenient for a joint session of the Bundestag and the Bundesrat. Nevertheless, in theory a persistent refusal to take the oath is considered to be an impeachable offence by legal scholars.<ref>{{Cite journal|title=Amtseid à la Obama – Verfassungsrechtliche Grundfragen und Probleme des Amtseids nach dem Grundgesetz |journal = JURA – Juristische Ausbildung |issn=0170-1452 |last= Haensle |first=Walter|date=2009|volume=31|issue=9|pages=670–676|doi=10.1515/JURA.2009.670|s2cid = 15442740 |url=https://epub.ub.uni-muenchen.de/25798/1/Haensle_Amtseid.pdf}}</ref> If a president is re-elected for a second consecutive term, he does not take the oath again.
With the promulgation of the [[Grundgesetz]] (the new German Constitution) in 1949, the office of President (in German: ''Bundespräsident'', i.e. President of the Federation or Federal President) was recreated in the Federal Republic of (West) Germany. The Federal President was to elected by a specially convened body called the [[Bundesversammlung (Germany)|Federal Assembly]] (''Bundesversammlung'') to serve a five-year term.<ref name=GG>{{cite book
| authorlink = www.bundestag.de
| title = Grundgesetz für die Bundesrepublik Deutschland
| publisher = Deutscher Bundestag - Verwaltung
| date = 2005
| location = Berlin
| pages = Article 54.1}}</ref><ref>{{cite book
| title = Grundgesetz für die Bundesrepublik Deutschland
| pages = Article 54.2}}</ref> In accordance with Germany's [[parliamentary system]] of government, the presidency has been limited by a mixture of law and [[constitutional convention (political custom)|convention]] to being a ceremonial position.


==Duties and functions==
==The Presidency today==
[[File:Schloss Bellevue 2023.jpg|thumb|[[Bellevue Palace, Germany|Bellevue Palace]], Berlin (primary seat)]]
[[File:Villa Hammerschmidt - Frontansicht.jpg|thumb|[[Hammerschmidt Villa]], Bonn (secondary seat)]]
The president is involved in the formation of the Federal Government and remains in close cooperation with it. Basically, the president is free to act on his own discretion. However, according to Article 58 of the German constitution, the decrees, and directives of the president require the [[Countersign (legal)|countersignature]] of the chancellor or the corresponding federal minister in charge of the respective field of politics. This rule ensures the coherence of government action, similar to the system of checks and balances in the United States. There is no need for a countersignature if the president proposes, appoints, or dismisses the chancellor; convenes or dissolves the Bundestag according to Article 63; declares a legislative state of emergency; calls on a chancellor and ministers to remain in office after the end of a chancellor's term until a successor is elected; or exercises his right to pardon on behalf of the federation - as these are exclusive powers of the president.


Therefore, the president also receives the chancellor regularly for talks on current policy issues. German presidents also hold talks with individual federal ministers and other senior officials at their own discretion. The "Head of the Office of the President" represents the will and views of the president in the [[Cabinet of Germany|meetings of the Federal Cabinet]] and reports back to the president.<ref name="bundespraesident.de">{{Cite web|title=Article: Interaction between constitutional organs|url=https://www.bundespraesident.de/EN/Role-and-Functions/ConstitutionalBasis/InteractionBetweenConstitutionalOrgans/interactionbetweenconstitutionalorgans-node.html|access-date=21 February 2023|website=Der Bundespräsident|language=en}}</ref>
===Selection===


The president's most prominent powers and duties include:<ref name="bundespraesident.de" />
{{main|Bundesversammlung (Germany)}}


* Proposing the chancellor to the Bundestag
The President is elected by secret ballot, without debate, by the Federal Convention, a body established solely for that purpose. The convention consists of all [[Bundestag]] members as well as an equal number of delegates chosen by the legislatures of the [[States of Germany|''Länder'']] (states). The delegates of each ''Land'' to the Federal Convention are elected by the members of the [[legislature]] of that jurisdiction under a form of [[proportional representation]]. However it is not required that ''Land'' delegates themselves be members of a legislature; often esteemed local citizens are chosen.
* Appointing and dismissing the chancellor and their cabinet ministers
* Dissolving the Bundestag under certain circumstances
* Declaring the legislative state of emergency under certain circumstances
* Convening the Bundestag
* Signing and promulgating laws or vetoing them under certain circumstances
* Appointing and dismissing federal judges, federal civil servants, and commissioned and non-commissioned officers of the Armed Forces
* Exercising the power to pardon individual offenders on behalf of the Federation
* Awarding honors on behalf of the Federation
* Representing Germany at home and abroad


===Appointment of the Federal Government===
In total, the Federal Convention numbers more than one thousand people. The German constitution, the [[Basic Law of the Federal Republic of Germany|Basic Law]], requires that it be convened no later than thirty days before the expiration of the term of office of the President. In practice it is convened every five years (in all years with year numbers ending in "4" or "9") on [[23 May]], the date of the foundation of the Federal Republic in [[1949]]. The body is convened and chaired by the [[President of the Bundestag]].
After an election or other vacancy in the chancellor's office, the president must propose an individual to the Bundestag to be elected chancellor. The Bundestag is required to vote on this proposed candidate. If this vote fails, the right of nomination falls to the Bundestag, which is then given 14 days to elect another person. In either case, the President is obliged to appoint the person if a majority of the entire elected Bundestag, not just those present, votes for them (the so-called ''Kanzlermehrheit'', "Chancellor majority").


If the Bundestag cannot elect anyone with a majority in the 14-day period, it is required to hold one final ballot. If a person is elected with a majority on this ballot, the President is once again obliged to appoint them. If there is no majority, the President has seven days to either appoint the person who received a plurality of votes on the final ballot or dissolve the Bundestag.
The Federal Convention attempts to elect a president by an absolute majority of votes cast. If, after two votes, no single candidate has received this level of support, in the third and final vote the candidate endorsed by a [[plurality]] of votes cast is deemed elected. The process of electing the President is usually determined by party politics, the office being in the gift of whichever party, or group of allied parties, can muster a majority in the convention. The authors of the Basic Law chose an indirect form of presidential election because they believed it would produce a head of state who was widely acceptable and yet at the same time insulated from public pressure and lacking in sufficient popular legitimacy to undermine other institutions of government.


The chancellor may only be removed if the Bundestag passes a [[constructive vote of no confidence]], indicating that a prospective new chancellor has the support of a majority. The President is then required to dismiss the chancellor and appoint the new candidate.<ref name="ReferenceA">{{cite book
===Qualifications===
|title=Grundgesetz für die Bundesrepublik Deutschland
|at=Article 67
|language=de }}</ref>


The president also appoints and dismisses the remaining members of the federal government upon proposal of the chancellor. This theoretically means that the president can appoint only those candidates presented by the chancellor. It is unclear whether the president could refuse to dismiss or appoint a proposed federal minister, as no president has ever done so.
The office of President is open to all Germans who are entitled to vote in Bundestag elections and have reached the age of forty, but no one may serve more than two five year terms. The president receives an annual payment of approximately €213,000 that continues when he or she leaves office.


The constitution places no restrictions on who may be chancellor. In practice, the president only proposes a person as chancellor who has previously garnered a majority support in prior coalition talks and traditionally does not interfere in those talks. However, after the "[[Jamaica coalition (politics)|Jamaica coalition]]" talks failed in the wake of the [[2017 German federal election|2017 election]], President Steinmeier invited several Bundestag party leaders to try to bring them together to form a working government.
The President may not be a member of the government or of a legislature at either the federal or ''Land'' level. On taking office the president must take the following oath, stipulated by Article 56 of the Basic Law, before the assembled members of the Bundestag and [[Bundesrat (Germany)|Bundesrat]] (however he or she is permitted to omit the religious references if so desired):


===Other appointments===
I swear that I will dedicate my efforts to the well-being of the German people, enhance their benefits, avert harm from them, uphold and defend the Constitution and the statutes of the Federation, fulfil my duties conscientiously, and do justice to all. (So help me God.)*
The president appoints federal judges, federal civil servants, and military officers.


===Dissolution of the Bundestag===
Last sentence is optional*
Unlike the head of state in [[Westminster system]] parliamentary democracies, the President does not have the [[reserve power]] to unilaterally dissolve the Bundestag. The Bundestag also does not have the power to dissolve itself. Dissolution by the President can only occur in two scenarios caused by action of the Bundestag:
<ref>{{cite book
| title = Grundgesetz für die Bundesrepublik Deutschland
| pages = Article 56 }}</ref>


* The Bundestag fails to elect a chancellor within 14 days of an election or vacancy. The Bundestag is then required to hold one final ballot. If the vote still fails to obtain a majority for anyone, the President has seven days to either dissolve the Bundestag, or appoint the person receiving the plurality of votes as chancellor.
===Duties and functions===
* The chancellor proposes a [[vote of confidence]] which fails. The chancellor may then advise the President to dissolve the Bundestag, which he may do within the shorter of 21 days or until a [[constructive vote of no confidence]] passes to replace the chancellor. The chancellor is not obliged to ask for a dissolution, nor is the President is obliged to grant one.<ref>{{cite book
The degree of power actually conferred upon the President by the Basic Law is ambiguous. However, in practice, holders of the office treat it as a ceremonial, non-political one, and act in accordance with the advice and directives of the Federal Government. Unlike many constitutions the Basic Law does not designate the head of state as the commander-in-chief of the military (ceremonially or otherwise). This role is vested in times of peace in the Minister of Defence, going to the Chancellor rather than the President in times of war, by Article 65a.<ref>{{cite book
| title = Grundgesetz für die Bundesrepublik Deutschland
|title=Grundgesetz für die Bundesrepublik Deutschland
|at=Articles 67 and 68
| pages = Article 65a inserted by 7th Amendment (19.3.56), changed by 17th Amendment
|language=de }}</ref>
(24.6.68)}}</ref> The President carries out the following duties:


The first scenario has never happened. The second has been used to call [[snap elections]] in [[1972 West German federal election|1972]], [[1983 West German federal election|1983]], and [[2005 German federal election|2005]], in all three cases with the incumbent chancellor asking his own party to vote down the confidence motion and obtaining a dissolution. Though the use of this strategy is controversial and the latter two cases resulted in complaints to the [[Federal Constitutional Court]], it has been upheld as lawful.
*'''Appointment of the Federal Government:''' The President proposes an individual as [[Chancellor of Germany|Chancellor]] and then, provided they are subsequently elected by the Bundestag, appoints him or her to the office. However the Bundestag is free to disregard the President's proposal and elect another individual to the post, who the President is then obliged to appoint. The President appoints and dismisses the remaining members of the [[Cabinet of Germany|Federal Government]] "upon the proposal of the Chancellor". The President can dismiss the Chancellor but only in the event that the Bundestag passes a [[Constructive Vote of No Confidence]].<ref>{{cite book
| title = Grundgesetz für die Bundesrepublik Deutschland
| pages = Article 67 }}</ref>. If this occurs the President must dismiss the chancellor and appoint the successor requested by the Bundestag.<ref>{{cite book
| title = Grundgesetz für die Bundesrepublik Deutschland
| pages = Article 67 }}</ref>


===Promulgation of the law===
*'''Other appointments:''' The President appoints federal judges, federal civil servants and military officers. All such appointments require the counter-signature of either the chancellor or the relevant cabinet minister.<ref>{{cite book
All federal laws must be signed by the president before they can come into effect.<ref>{{cite book
| title = Grundgesetz für die Bundesrepublik Deutschland
|title=Grundgesetz für die Bundesrepublik Deutschland
| pages = Article 60.1 }}</ref>
|at=Article 82
|language=de }}</ref> The president may refuse to sign the law, thus effectively vetoing it. In principle, the president has the full veto authority on any bill, but this, however, is not how past presidents handled their power.<ref>{{Cite web | url=http://www.bpb.de/apuz/31307/das-amt-des-bundespraesidenten-und-sein-pruefungsrecht?p=all | title=Das Amt des Bundespräsidenten und sein Prüfungsrecht &#124; bpb| date=3 April 2008}}</ref> Usually, the president checks if the law was passed according to the order mandated by the Constitution and/or if the content of the law is constitutional. Only in cases in which the incumbent president had serious doubts about the constitutionality of a bill laid before them, they have refused to sign it. It also has to be stated that the president may at their own discretion sign such a "vetoed" bill at any later time, if for example the Basic Law has been changed in the relevant aspect or if the bill in question has been amended according to his concerns, because their initial refusal to sign a bill is not technically a final veto.


As of 2023, this has happened only nine times and no president has done it more often than two times during their term:
*'''Dissolution of the Bundestag:''' In the event that the Bundestag elects an individual for the office of chancellor by a plurality of votes, rather than a majority, the President can, at his discretion, either appoint that individual as chancellor or dissolve the Bundestag. In the event that a vote of confidence is defeated in the Bundestag, and the incumbent chancellor proposes a dissolution, the President may, at his discretion, dissolve the body within 21 days. So far, this power has only been applied three times in the history of the Federal Republic. In all three occurrences it is doubtful whether the motives for that dissolution were in accordance with the constitution's intentions. Each time the incumbent chancellor called for the vote of confidence with the stated intention of being defeated, in order to be able to call for new elections before the end of their regular term. The most recent occurrence was on [[1 July]] [[2005]], when Chancellor [[Gerhard Schröder]] asked for a vote of confidence, which was defeated.<ref>{{cite book
* In 1951, [[Theodor Heuss]] vetoed a bill concerning income and corporation taxes, because it lacked the consent of the Bundesrat (in Germany some bills at the federal level need the consent of the Bundesrat, and some do not, which can be controversial at times).
| title = Grundgesetz für die Bundesrepublik Deutschland
* In 1961, [[Heinrich Lübke]] refused to sign a bill concerning business and workforce trades he believed to be unconstitutional, because of a violation of the free choice of job.
| pages = Articles 67 and 68 }}</ref>
* In 1969, [[Gustav Heinemann]] vetoed the "Engineer Act", because he believed this legislative area to be under the authority of the states.
* In 1970, Gustav Heinemann refused to sign the "Architects Act" for the same reason.
* In 1976, [[Walter Scheel]] vetoed a bill about simplification measures regarding the conscientious objection of conscription, because it lacked the – in his opinion necessary – consent of the Bundesrat.
* In 1991, [[Richard von Weizsäcker]] refused to sign an amendment to the "Air Traffic Act" allowing the privatisation of the air traffic administration, which he believed to be unconstitutional. He signed the bill later after the Basic Law was changed in this aspect.
* In 2006, [[Horst Köhler]] vetoed a bill concerning flight control, because he believed it to be unconstitutional.
* Later the same year, Horst Köhler vetoed the "Consumer Information Act" for the same reason.
* In 2020, [[Frank-Walter Steinmeier]] refused to sign the "Hate Speech Act" because of concerns about its constitutionality. In a letter sent to the Bundesrat, he stated his intent to sign the bill, if accordingly amended in a reasonable time.<ref>{{Cite web|url=https://www.sueddeutsche.de/politik/hate-speech-gesetz-das-koennt-ihr-besser-1.5059141|title = Das könnt ihr besser| date=8 October 2020 }}</ref> He did so in April 2021.<ref>{{Cite news|url=https://www.spiegel.de/netzwelt/netzpolitik/hasskriminalitaet-gesetz-gegen-online-hetze-tritt-ostern-in-kraft-a-30ed56dc-5a72-4bef-bd77-84eb66994da7|title = Hasskriminalität: Gesetz gegen Onlinehetze tritt Ostern in Kraft|newspaper = Der Spiegel|date = April 2021}}</ref>
[[Karl Carstens]], [[Roman Herzog]], [[Johannes Rau]], [[Christian Wulff]], and [[Joachim Gauck]] have signed and promulgated all bills during their respective terms.<ref>{{Cite news | url=http://www.spiegel.de/politik/deutschland/bundespraesidenten-das-achte-nein-a-453425.html | title=Bundespräsidenten: Das achte Nein| newspaper=Spiegel Online| date=8 December 2006}}</ref> <!-- somebody who understands German better needs to read to ref and summarize it with more information, right now it seems very vague (example, first mention of Koehler) -->


===Foreign relations===
*'''Promulgation of the law:''' All federal laws must, after counter-signature, be signed by the president before they can come into effect. Ordinances must be signed by the agency which issues them, and then by the President.<ref>{{cite book
The president represents Germany in the world (Art. 59 Basic Law), undertakes foreign visits, and receives foreign dignitaries. They also conclude treaties with foreign nations (which do not come into effect until affirmed by the Bundestag), accredit German diplomats, and receive the letters of accreditation of foreign diplomats.
| title = Grundgesetz für die Bundesrepublik Deutschland
| pages = Article 82}}</ref> Upon signing, the President has to check if the law was passed according to the order mandated by the constitution and/or if the content of the law is constitutional. If not, he has the right (and, some argue, the duty) to refuse to sign the law. This has happened only eight times. The constitution is not explicit on whether the President can refuse to sign a law merely because he disagrees with its content, i.e. if he has a power of [[veto]], but it is generally held that he does not have such a power. In any case, [[as of 2007]] no President has yet refused to sign a law unless he believed the constitution was being violated.


===Pardons and honours===
*'''Foreign relations:''' The President takes part in foreign visits and receives foreign dignitaries. He or she also concludes treaties with foreign nations, accredits German diplomats and receives the letters of accreditation of foreign diplomats.
According to Article 60 (2) of the German Constitution, the president has the power to pardon. This means the president "has the authority to revoke or commute penal or disciplinary sentences in individual cases. The federal president cannot, however, issue an amnesty waiving or commuting sentences for a whole category of offenses. That requires a law enacted by the Bundestag in conjunction with the Bundesrat. Due to the federal structure of Germany the federal president is only responsible for dealing with certain criminal matters (e.g. espionage and terrorism) and disciplinary proceedings against federal civil servants, federal judges, and soldiers".<ref>{{Cite web|title=Article: Official functions|url=http://www.bundespraesident.de/EN/Role-and-Functions/WorkInGermany/OfficialFunctions/officialfunctions-node.html|access-date=21 February 2023|website=Der Bundespräsident|language=en-EN}}</ref>


It is customary that the federal president becomes the honorary godparent of the seventh child in a family if the parents wish it. They also send letters of congratulations to centenarians and long-time married couples.<ref>{{Cite web|title=Article: Anniversaries and honorary godparenthood |url=https://www.bundespraesident.de/EN/Role-and-Functions/WorkInGermany/AnniversariesAndHonoraryGodparenthood/anniversariesandhonorarygodparenthood-node.html|access-date=21 August 2023|website=Der Bundespräsident}}</ref>
*'''Pardons and honours:''' The President grants pardons if the person concerned had been convicted under federal jurisdiction (which is rare) and confers decorations and honours.


===Legislative state of emergency===
*'''State of emergency:''' In the event of a national crisis, the emergency law reforms of [[1968]] designate the President as a mediator. If the Bundestag rejects a motion of confidence, but neither the chancellor is dismissed nor the Bundestag is dissolved, the President may, by request of the cabinet, declare a "legislative state of emergency", which is quite different from a conventional [[state of emergency]]: If it is declared, during a limited period of time, bills proposed by the cabinet and designated as "urgent", but rejected by the Bundestag, become law nonetheless, if the Bundesrat does pass them. But the legislative state of emergency does not suspend basic human rights nor does it grant the executive branch any exceptional power. [[As of 2007]], such an emergency has never been declared.
Article 81 makes it possible to enact a law without the approval of the Bundestag: if the Bundestag rejects a motion of confidence, but a new chancellor is not elected nor is the Bundestag dissolved, the chancellor can declare a draft law to be "urgent". If the Bundestag refuses to approve the draft, the cabinet can ask the federal president to declare a "legislative state of emergency" (''Gesetzgebungsnotstand'') with regard to that specific law proposal.


After the declaration of the president, the Bundestag has four weeks to discuss the draft law. If it does not approve it the cabinet can ask the [[German Bundesrat|Federal Council]] for approval. After the consent of the Federal Council is secured, the draft law becomes law.
===Impartiality and influence===
Though usually chosen as the candidate of a political party or parties, the president nonetheless is expected to be non-partisan after assuming office. Every President to date has let his or her party membership rest dormant during his or her term of office. Although the formal powers of the President are limited, the President's role can be quite significant depending on his or her own activities. The very fact that the President usually doesn't interfere with day-to-day politics means that if he or she does choose to speak out on an issue, the event is perceived as one to take note of. There have been a number of occasions when certain presidential speeches have dominated German political debate for a year or more.
[[Image:Standarte des Bundespräsidenten.svg|thumb|right|200px|Standard of the President of Germany]]


There are some constraints on the "legislative state of emergency". After a president has declared the state of emergency for the first time, the government has only six months to use the procedure for other law proposals. Given the terms provided by the constitution, it is unlikely that the government can enact more than one other draft law in this way.
The role of President is similar in some ways to that of a [[constitutional monarch]] found in other European states, with the important difference being that the President is elected, and selected based on his or her distinguished reputation. Other comparisons might be to a court philosopher, or a 'national conscience'. The President is called on to develop, interpret and communicate a long-term view of trends affecting Germany and its role in the world. Formulating such vision calls for reflection about Germany's past. Recent Presidents have been instrumental in getting Germans to constructively confront their history during the Nazi period, for instance. Well Germany is Awsome no one can deny.


Also, the emergency has to be declared afresh for every proposal. This means that the six months are not a period in which the government together with the president and the Federal Council simply replaces the Bundestag as lawgiver. The Bundestag remains fully competent to pass laws during these six months. The state of emergency also ends if the office of the chancellor ends. During the same term and after the six months, the chancellor cannot use the procedure of Article 81 again.
===Reserve powers===


A "legislative state of emergency" has never been declared. In case of serious disagreement between the chancellor and the Bundestag, the chancellor resigns or the Bundestag faces new elections. The provision of Article 81 is intended to assist the government for a short time, but not to use it in crisis for a longer period. According to constitutional commentator Bryde, Article 81 provides the executive (government) with the power to "enable decrees in a state of emergency" (''exekutives Notverordnungsrecht''), but for historical reasons the constitution avoided this expression.<ref>Bryde, in: von Münch/Kunig, GGK III, 5. Aufl. 2003, Rn. 7 zu Art. 81.</ref>
Some argue that the Basic Law does not require that the President must follow government directives in all circumstances. It is suggested, for instance, that the President could refuse to sign legislation merely because he disagrees with its content, thus vetoing it, or refuse to approve a cabinet appointment. Because no President has ever attempted to take either of these actions the constitutionality of these points has never been tested.


==Politics and influence==
In the few cases in which a bill was not signed, all presidents have claimed that the bill in question was manifestly unconstitutional. In the autumn of 2006, incumbent President [[Horst Köhler|Köhler]] did so twice within three months. Also, in some cases, a president has signed a law whilst asking that the political parties refer the case to the Federal Constitutional Court in order to test the law's constitutionality. The most recent case of such an occurrence was the controversial 'passing' of an [[immigration law]] in the Bundesrat in [[2002]]. This law was ultimately declared invalid by the court for reasons of procedure.
[[File:Daniela-schadt-joachim-gauck-29-06-2013.jpg|thumb|Former President [[Joachim Gauck]] and his partner [[Daniela Schadt]]]]
Though candidates are usually selected by a political party or parties, the president nonetheless is traditionally expected to refrain from being an active member of any party after assuming office. Every president to date, except [[Joachim Gauck]] (who was an [[Independent politician|independent]]), has suspended their party membership for the duration of their term. Presidents have, however, spoken publicly about their personal views on political matters. The very fact that a president is expected to remain above politics usually means that when they do speak out on an issue, it is considered to be of great importance. In some cases, a presidential speech has dominated German political debate for a year or more.<ref>{{cite web|url=http://www.bpb.de/publikationen/FTTV7M,3,0,Das_Amt_des_Bundespr%E4sidenten_und_sein_Pr%FCfungsrecht.html#art3 |title=''Das Amt des Bundespräsidenten und sein Prüfungsrecht'' |date=3 April 2008 |language=de |publisher=Bpb.de |access-date=22 November 2012}}</ref>


===Succession===
==Reserve powers==
According to article 81 of the German constitution, the president can declare a "Legislation Emergency" and allow the federal government and the Bundesrat to enact laws without the approval of the Bundestag. They also have important decisive power regarding the appointment of a chancellor who was elected by plurality only, or the dissolution of the Bundestag under certain circumstances.
{{Order of Succession (Presidencies)}}
The Basic Law did not create an office of [[vice president]]. If the President is outside of the country, or the position is vacant, the [[President of the Bundesrat]] (this position is rotated among the state premiers on a yearly basis) fills in as temporary, acting president. While doing so he or she does not continue to exercise the role of chair of the Bundesrat. If the President dies, or is removed from office, a successor is elected within thirty days. However since the establishment of the office this has never occurred.


It is also theoretically possible, albeit a drastic step which has not happened since 1949, that the president refuses to sign legislation merely because they disagree with its content, thus vetoing it, or refuse to approve a cabinet appointment.<ref>Heinrich Wilms: Staatsrecht I: Staatsorganisationsrecht unter Berücksichtigung der Föderalismusreform. Stuttgart 2007. pp. 201 ff. (German)</ref> In all cases in which a bill was not signed by the federal president, all presidents have claimed that the bill in question was manifestly unconstitutional. For example, in the autumn of 2006, President Horst Köhler did so twice within three months. Also, in some cases, a president has signed a law while asking that the political parties refer the case to the [[Federal Constitutional Court]] in order to test the law's constitutionality.
While the President is abroad on a state visit the President of the Bundesrat does not assume all of his responsibilities but may "deputise" for the President, performing on the President's behalf merely those tasks that require his or her physical presence, such as the signing of documents.


==Succession==
===List of Presidents (''Bundespräsident'')===
[[File:2022-03-27 Wahlabend Saarland by Sandro Halank–061 (cropped).jpg|left|thumb|225x225px|[[Anke Rehlinger]], the current President of the Bundesrat and Deputy of the President of Germany]]
:''See also: [[List of German presidents since 1919]]''
{{Presidential orders of succession}}
The Basic Law did not create an office of Vice President, but designated the [[President of the German Bundesrat|President of the Bundesrat]] (by constitutional custom the [[Minister president (Germany)|head of government of one of the sixteen German states]], elected by the Bundesrat in a predetermined order of annual alternation) as deputy of the president of Germany (Basic Law, Article 57). If the office of president falls vacant, they assume the powers of the president on an acting basis until a successor is elected. While doing so, they do not continue to exercise the role of chair of the Bundesrat.<ref>{{Cite web|url=https://www.gesetze-im-internet.de/bundesrecht/brgo_1966/gesamt.pdf |title= Geschäftsordnung des Bundesrates|trans-title= Rules of Procedure of the Bundesrat|access-date=7 November 2016|at =§7 (1)|quote= Die Vizepräsidenten vertreten den Präsidenten im Falle seiner Verhinderung oder bei vorzeitiger Beendigung seines Amtes nach Maßgabe ihrer Reihenfolge. Ein Fall der Verhinderung liegt auch vor, solange der Präsident des Bundesrates nach Artikel 57 des Grundgesetzes die Befugnisse des Bundespräsidenten wahrnimmt.}}</ref> If the president is temporarily unable to perform their duties (this happens frequently, for example if the president is abroad on a state visit), he can at his own discretion delegate his powers or parts of them to the president of the Bundesrat.<ref>{{Cite web | url=http://www.bundesrat.de/SharedDocs/termine/DE/praesident/2015-10-10_15.html | title=Bouffier und Tillich vertreten Bundespräsidenten}}</ref> For example, in early November 2022, then President of the Bundesrat [[Peter Tschentscher]] deputised President Steinmeier when the latter was on a trip to Asia.<ref>{{Cite news | url=https://www.ndr.de/nachrichten/hamburg/Hamburgs-Buergermeister-Tschentscher-zum-Bundesratspraesidenten-gewaehlt,bundesrat174.html | title=Hamburgs Bürgermeister Tschentscher zum Bundesratspräsidenten gewählt |publisher=ndr.de |access-date=3 November 2022}}</ref>


If the president dies in office, resigns, or is otherwise removed from office, a successor is to be elected within thirty days. Horst Köhler, upon his resignation on 31 May 2010, became the first president to trigger this re-election process. [[Jens Böhrnsen]], [[List of mayors of Bremen|President of the Senate and Mayor of the Free Hanseatic City of Bremen]] and at the time President of the Bundesrat, became Acting President.<ref>{{cite web|url=https://www.tagesschau.de/inland/koehlerruecktritt102.html |title=Interview zum Köhler-Rücktritt: "Das hat es noch nicht gegeben" |publisher=tagesschau.de |access-date=22 November 2012}}</ref> Similarly, when [[Christian Wulff]] resigned in 2012, it was [[Horst Seehofer]], Minister-President of [[Bavaria]], as President of the Bundesrat, who became Acting President. When Heinrich Lübke, on the other hand, announced his resignation in 1968, it only came into effect the following year, a mere three months before the scheduled end of his term and after the expedited election of his successor. Back in 1949, [[Karl Arnold]], at the time Minister-President of [[North Rhine-Westphalia]] and President of the Bundesrat, also acted as head of state for a few days: after the Basic Law had come into effect and he himself was elected as President of the Bundesrat, the first President of Germany was not yet elected and the office therefore vacant.
{|class="wikitable sortable" style="width: 80%;"

None of these three presidents of the Bundesrat acting as President, has used any of the more important powers of the president, as for example vetoing a law or dissolving the Bundestag, although they would have been entitled to do so under the same conditions as the president.

==Impeachment and removal==
While in office, the president enjoys immunity from prosecution and cannot be voted out of office or recalled. The only mechanism for removing the president is impeachment by the Bundestag or Bundesrat for willfully violating German law. In either of the two bodies a two-thirds majority is required. Once the Bundestag or the Bundesrat impeaches the president, the Federal Constitutional Court is charged with determining if they are guilty of the offence. If the charge is sustained, the court has the authority to remove the president from office.

==Presidential office and symbols==
===Residences and office===
[[File:Schloss Bellevue DSC8405.jpg|thumb|Ceremonial office in Bellevue Palace]]
The official residence of the president is [[Bellevue Palace, Germany|Bellevue Palace]] in Berlin. The president's second official residence is the [[Hammerschmidt Villa]] in Bonn, the former capital city of [[West Germany]].

Although these are the president's official residences, they do not live in Bellevue palace. Instead, it is only used as a ceremonial office. The president and their spouse live in a villa in [[Dahlem (Berlin)|Dahlem]] which is part of the Berlin borough of [[Steglitz-Zehlendorf]].

The Office of the President (''[[Bundespräsidialamt]]'') is a supreme federal authority. It organises the president's work, supports the president in the performance of their duties as head of state, and coordinate their working relationships with other parts of the German government and administration. Its top official, who takes precedence over all other [[Secretary of state|German state secretaries]], is the Head of the Office of the President (''Chef des Bundespräsidialamts'').

The office and its staff advise the president, inform them of all developments in domestic and foreign affairs and carry out the instructions of the president or forward these to the corresponding ministry or authority.<ref name="Constitutional basis"/>

===Transportation===
[[File:German Air Force A340-300(16+02) (6272414834).jpg|thumb|left|Airbus A340 aircraft used by the president]]
The president's car is usually black, made in Germany and has the numberplate "0 – 1" with the presidential standard on the right wing of the car. The president also uses a VIP helicopter operated by the Federal Police and VIP aircraft ([[Bombardier Global Express|Bombardier Global 5000]], [[Airbus A319|Airbus A319CJ]], [[Airbus A310]], or [[Airbus A340|A340]]) operated by the [[Executive Transport Wing (German Air Force)|Executive Transport Wing]] of the [[German Air Force]]. When the president is on board, the flight's callsign is "German Airforce 001".

===Presidential standard===
{{Main|Presidential standard of Germany}}

==History==
The modern-day position of German president is significantly different from the [[President of Germany (1919–1945)|Reich President]] of the Weimar Republic – a position which held considerable power and was regarded as an important figure in political life.<ref>{{cite book |author=Zentner, Christian ''Ed''|author2=Bedürftig, Friedemann ''Ed''|title=Das große Lexikon des Dritten Reiches |publisher=Südwest Verlag |location=München |year=1985 |page=686 |language=de |isbn=978-3-517-00834-9 }}</ref>

===Weimar Republic===
{{Main|President of Germany (1919–1945)}}
The position of president of Germany was first established by the [[Weimar Constitution]], which was drafted in the aftermath of [[World War I]] and the abdication of Emperor [[Wilhelm II]] in 1918. In Germany the new head of state was called the {{Lang|de|Reichspräsident}}.

[[Friedrich Ebert]] served as Germany's first president, followed by [[Paul von Hindenburg]]. The office effectively came to an end upon Hindenburg's death in 1934 when its powers were merged with those of the chancellor. [[Adolf Hitler]] ruled Germany as "[[Führer|''Führer und Reichskanzler'']]", combining his previous positions in the party and government. However, he did officially become president;<ref>{{Cite web |title=documentArchiv.de – Gesetz über das Staatsoberhaupt des Deutschen Reichs (01.08.1934) |url=http://www.documentarchiv.de/ns/stobrhpt.html |website=www.documentarchiv.de}}</ref> the office was not abolished (though the constitutionally mandated presidential elections every seven years did not take place in the Nazi era) and briefly revived at the end of [[World War II]] when Hitler appointed Grand Admiral [[Karl Dönitz]] as his successor as "President of Germany". Dönitz agreed to the surrender to the Allies and was arrested a few days later.<ref>{{cite periodical
|title=Gesetz über das Staatsoberhaupt des Deutschen Reiches |title-link=:de:Bild:RGBL I 1934 S 0747.png
|periodical=Reichgesetzblatt
|date=2 August 1934
|number=89
|page=747
}}</ref>

The Weimar Constitution created a [[Semi-presidential republic|semi-presidential system]] in which power was divided between the president, a cabinet, and a parliament. The president enjoyed far greater power than the current president and had an active political role rather than a largely ceremonial one. The influence of the president increased greatly as a result of the instability of the Weimar period. The president appointed the chancellor and, at his recommendation, appointed and dismissed members of the cabinet as well. It was also necessary for the cabinet to have the confidence of the [[Reichstag (Weimar Republic)|Reichstag]] (parliament) because it could be removed by a [[Motion of no confidence|vote of no confidence]].<ref>{{Cite web |last=Poll |first=Robert |date=May 2020 |title=The Weimar Constitution |url=https://www.kas.de/documents/265308/265357/The+Weimar+Constitution.pdf/a6021d8d-82d2-47cf-7e37-0a314be02d9e?version=1.1&t=1590565540705 |access-date=6 November 2024 |website=Konrad Adenauer Stiftung}}</ref> All bills had to receive the signature of the president to become law and, although he did not have an absolute veto on legislation, he could insist that a law be submitted for the approval of voters in a [[referendum]]. The president had the authority to dissolve the Reichstag, conduct foreign affairs, and had command the armed forces. [[Article 48 (Weimar Constitution)|Article 48]] of the constitution provided the president sweeping powers in the event of a crisis. If there was a threat to "public order and security", he could, with the co-signature of the chancellor (per article 50), suspend civil rights and legislate by decree.<ref>{{Cite web |title=Article 48 |url=https://encyclopedia.ushmm.org/content/en/article/article-48 |access-date=6 November 2024 |website=Holocaust Encyclopedia}}</ref>

The Weimar constitution provided that the president be directly elected and serve a seven-year term. The election involved a form of the [[two-round system]]. The first president was elected by the [[National Assembly]] and subsequently only two direct presidential elections took place. They were the election of Paul von Hindenburg in [[1925 German presidential election|1925]] and his re-election in [[1932 German presidential election|1932.]]

The system created by the Weimar Constitution led to a number of problems. The use of a [[Proportional representation|proportional electoral system]] without [[Election threshold|thresholds]] allowed the rise of a multitude of political parties which made it difficult for any of them to establish stable coalitions. This factionalism contributed to frequent changes in government.<ref>{{Cite web |title=The Weimar Republic |url=https://encyclopedia.ushmm.org/content/en/article/the-weimar-republic |access-date=24 October 2024 |website=Holocaust Encyclopedia}}</ref> In March 1930, when no workable majority could be formed after the resignation of the [[second Müller cabinet]], President Hindenburg appointed [[Heinrich Brüning]] chancellor "with the note that his cabinet was to be put together without regard to coalition ties".<ref>{{Cite book |last=Mann |first=Golo |title=Deutsche Geschichte des 19. und 20. Jahrhunderts |publisher=Fischer Taschenbuch |year=2001 |isbn=9783596113309 |location=Berlin |pages=755 |language=de |trans-title=19th and 20th Century German History}}</ref> Brüning's term in office was the beginning of the rule by decree which marked the three [[Presidential cabinets of the Weimar Republic|presidential cabinets]] that preceded [[Hitler cabinet|Adolf Hitler's chancellorship]].<ref>{{Cite web |last=Scriba |first=Arnulf |date=6 September 2014 |title=The Weimar Republic. Radicalization and the End of the Weimar Republic |url=https://www.dhm.de/lemo/en/kapitel/weimar-republic |access-date=6 November 2024 |website=Deutsches Historisches Museum}}</ref>

===German Democratic Republic ("East Germany")===
{{main|President of East Germany}}
The [[East Germany|German Democratic Republic]] established the office of a head of state with the title of President of the Republic (German: ''Präsident der Republik'') in 1949, but abandoned the office with the death of the first president, [[Wilhelm Pieck]], in 1960 in favour of a [[State Council of East Germany|collective head of state]] closely [[Sovietization|modelled]] on [[Presidium of the Supreme Soviet|its Soviet counterpart]]. All government positions of the country, including the presidency, were appointed by the ruling [[Socialist Unity Party of Germany]] on the approval of the [[Communist Party of the Soviet Union]]. Following the end of communist rule due to the [[Peaceful Revolution]], the head of state became the [[Volkskammer|parliamentary speaker]] with [[1990 East German general election|new, fair elections]]. Later that year, a draft constitution was written that would have restored the presidency, but ultimately this never materialised.

===Federal Republic of Germany ("West Germany", 1949–1990)===
With the promulgation of the [[Basic Law for the Federal Republic of Germany|''Grundgesetz'']] in 1949, the office of President of the Federal Republic (in German: ''Bundespräsident'') was created in [[West Germany]]. Partly due to the misuse of presidential powers in the Weimar Republic, the office's powers were significantly reduced. Not only are they indirectly elected, but most of the real power was transferred to the chancellor.

Because the reunification of Germany in 1990 was accomplished by the five East German states joining the Federal Republic, the president became the president of all German states without the establishment of a new presidential office.

==List of presidents==
{{See also|List of presidents of Germany}}
Twelve persons have served as President of the Federal Republic of Germany. Six of them were members of the [[Christian Democratic Union of Germany|CDU]] (Lübke, Carstens, von Weizsäcker, Herzog, Köhler, Wulff), three were members of the [[Social Democratic Party of Germany|SPD]] (Heinemann, Rau, Steinmeier), two were members of the [[Free Democratic Party (Germany)|FDP]] (Heuss, Scheel) and one was an [[Independent politician|independent]] (Gauck). Four presidents were ministers in the federal government before entering office (Lübke ''Agriculture'', Heinemann ''Justice'', Scheel, Steinmeier ''Foreign Affairs''), two of them (Scheel, Steinmeier) having been [[Vice-Chancellor of Germany]]. Three were [[Minister president (Germany)|head of a state government]] (von Weizsäcker ''[[West Berlin]]'', Rau ''[[North Rhine-Westphalia]]'', Wulff ''[[Lower Saxony]]''), Rau having been [[President of the German Bundesrat|President of the Bundesrat]]. Two were members of the Bundestag (Heuss, Carstens), Carstens having been [[President of the Bundestag]]. One was president of the Federal Constitutional Court (Herzog), director of the [[International Monetary Fund|IMF]] (Köhler), and Federal Commissioner for the Stasi Records (Gauck). Only five presidents (Heuss, Lübke, von Weizsäcker, Köhler, Steinmeier) have been re-elected for a second five-year-term and only two of those (Heuss, von Weizsäcker) served the full ten years. Christian Wulff served the shortest tenure (1 year, 7 months and 18 days) of all presidents.

The president is (according to Art. 57 GG) deputised by the president of the Bundesrat who can perform any of the president's duties, if the president is temporarily unable to do so and delegates these duties to them (this frequently happens during state visits), or if the Presidency falls vacant, in which case they become acting President until a successor is elected, which has to happen within thirty days. This has happened three times:
* In 1949, [[Karl Arnold]] acted as President after the ''Grundgesetz'' came into effect on 7 September 1949 and before [[Theodor Heuss]] was elected by the [[1949 West German presidential election|1st Federal Convention]] on 12 September 1949.
* In 2010, [[Jens Böhrnsen]] acted as President after the resignation of [[Horst Köhler]] and before the election of Christian Wulff.
* In 2012, [[Horst Seehofer]] acted as President after the resignation of Christian Wulff and before the election of Joachim Gauck.

{| class="wikitable sortable" style="text-align:center;"
|+ {{sronly|List of presidents of Germany from 1949 – till date.}}
! scope="col" class="unsortable" | {{abbr|No.|Number}}
! scope="col" class="unsortable" | Portrait
! scope="col" | Name<br />{{Small|(Birth–Death)}}
! scope="col" class="unsortable" | Term
! scope="col" colspan=2 | Party
! scope="col" class="unsortable" | Election
! scope="col" | Deputies<br />{{Small|(Presidents of the Bundesrat)}}
|-
|-
| bgcolor=#EEEEEE colspan=10 | ''President of the Bundesrat [[Karl Arnold]] acted as President from 7 to 12 September 1949.''
!No.
!class=unsortable|Photo
!Name
!Took office
!Left office
!Party¹
|-style="background:#FFFFDD;"
|1.|| [[Image:Theodor Heuss.jpg|60px]] ||[[Theodor Heuss]]||[[13 September]], [[1949]]||[[12 September]], [[1959]]||[[Free Democratic Party (Germany)|FDP]]
|-style="background:#DDEEFF;"
|2.|| [[Image:Heinrich Lübke.jpeg|60px]] ||[[Heinrich Lübke]]||[[13 September]],[[1959]]||[[30 June]],[[1969]]||[[Christian Democratic Union|CDU]]
|-style="background:#FFE8E8;"
|3.|| [[Image:Gustav Heinemann.jpg|60px]] ||[[Gustav Heinemann]]||[[1 July]],[[1969]]||[[30 June]], [[1974]]||SPD
|-style="background:#FFFFDD;"
|4.|| [[Image:Walter Scheel BriefmarkeTeil.jpg|60px]] ||[[Walter Scheel]]||[[1 July]],[[1974]]||[[30 June]], [[1979]]||FDP
|-style="background:#DDEEFF;"
|5.|| [[Image:Karl-Carstens.jpg|60px]] || [[Karl Carstens]]||[[1 July]], [[1979]]||[[30 June]], [[1984]]||CDU
|-style="background:#DDEEFF;"
|6.|| [[Image:Richard von Weizsäcker.jpg|60px]] ||[[Richard von Weizsäcker]]||[[1 July]], [[1984]]||[[30 June]], [[1994]]||CDU
|-style="background:#DDEEFF;"
|7.|| [[Image:Roman Herzog.jpg|60px]] ||[[Roman Herzog]]||[[1 July]], [[1994]]||[[30 June]], [[1999]]||CDU
|-style="background:#FFE8E8;"
|8.|| [[Image:Johannes rau 2004-05-16 berlin-RZ.jpg|60px]] ||[[Johannes Rau]]||[[1 July]], [[1999]]||[[30 June]], [[2004]]||SPD
|-style="background:#DDEEFF;"
|9.|| [[Image:Horst Köhler.jpg|60px]] ||[[Horst Köhler]]||[[1 July]], [[2004]]||''(Incumbent)''||CDU
|-
|-
|- style="height:6em;"
|}
! scope="row" rowspan=2 | 1
| rowspan="2" | [[File:Bundesarchiv Bild 146-1983-098-20a, Heuss.jpg|160px]]
| rowspan="2" data-sort-value="Heuss" | '''[[Theodor Heuss]]'''<br />{{Small|(1884–1963)}}
| rowspan=2 | {{dts|12 September 1949}}<br/>–<br/>{{dts|12 September 1959}}
| rowspan=2 style="background-color:{{party color|Free Democratic Party (Germany)}}" |
| rowspan=2 | [[Free Democratic Party of Germany|FDP]]
| class=nowrap | [[1949 West German presidential election|1949]]
| rowspan=2 | {{small|Karl Arnold (1949–1950)<br />[[Hans Ehard]] (1950–1951)<br />[[Hinrich Wilhelm Kopf]] (1951–1952)<br />[[Reinhold Maier]] (1952–1953)<br />[[Georg August Zinn]] (1953–1954)<br />[[Peter Altmeier]] (1954–1955)<br />[[Kai-Uwe von Hassel]] (1955–1956)<br />[[Kurt Sieveking]] (1956–1957)<br />[[Willy Brandt]] (1957–1958)<br />[[Wilhelm Kaisen]] (1958–1959)}}


|- style="height:6em;"
<small>¹ Note that even though the President usually has been member of a party prior to his term of office, the German Basic Law requests in Article 55 that the Federal President does not hold another office, practice a profession or hold a membership of any corporation. Accordingly every Federal President has let his party membership rest dormant and does not participate in the proceedings of any political party during his term of office.</small>
| [[1954 West German presidential election|1954]]
|- style="height:6em;"
! scope="row" rowspan=2 | 2
| rowspan="2" | [[File:Bundesarchiv Bild 146-1994-034-22A, Heinrich Lübke.jpg|160px]]
| rowspan="2" data-sort-value="Lübke" | '''[[Heinrich Lübke]]'''<br />{{Small|(1894–1972)}}
| rowspan=2 | {{dts|13 September 1959}}<br/>–<br/>{{dts|30 June 1969}}{{efn|On 14 October 1968, Lübke announced his resignation with effect to 30 June 1969, to make possible the election of his successor before the federal election campaign in the fall of 1969.}}
| rowspan=2 style="background-color:{{party color|CDU}}" |
| rowspan=2 | [[Christian Democratic Union of Germany|CDU]]
| class=nowrap | [[1959 West German presidential election|1959]]
| rowspan=2 | {{small|Wilhelm Kaisen (1959)<br />[[Franz Josef Röder]] (1959–1960)<br />[[Franz Meyers]] (1960–1961)<br />[[Hans Ehard]] (1961–1962)<br />[[Kurt Georg Kiesinger]] (1962–1963)<br />[[Georg Diederichs]] (1963–1964)<br />[[Georg August Zinn]] (1964–1965)<br />[[Peter Altmeier]] (1965–1966)<br />[[Helmut Lemke]] (1966–1967)<br />[[Klaus Schütz]] (1967–1968)<br />[[Herbert Weichmann]] (1968–1969)}}


|- style="height:6em;"
===Impeachment and removal===
| [[1964 West German presidential election|1964]]


|- style="height:12em;"
While in office the President enjoys immunity from prosecution and cannot be voted out of office or recalled. The only mechanism for removing the President is impeachment by the Bundestag or [[Bundesrat of Germany|Bundesrat]] for willfully violating German law. Once the Bundestag impeaches the President the Federal Constitutional Court is charged with determining if he or she is guilty of the offence. If the charge is sustained the court has authority to remove the President from office. To date no President has ever been impeached.
! scope="row" | 3
| | [[File:Bundesarchiv B 145 Bild-F029021-0010, Gustav Heinemann.jpg|160px]]
| data-sort-value="Heinemann" | '''[[Gustav Heinemann]]'''<br />{{Small|(1899–1976)}}
| {{dts|1 July 1969}}<br/>–<br/>{{dts|30 June 1974}}
| style="background-color:{{party color|Social Democratic Party of Germany}}" |
| [[Social Democratic Party of Germany|SPD]]
| class=nowrap | [[1969 West German presidential election|1969]]
| {{small|Herbert Weichmann (1969)<br />[[Franz Josef Röder]] (1969–1970)<br />[[Hans Koschnick]] (1970–1971)<br />[[Heinz Kühn]] (1971–1972)<br />[[Alfons Goppel]] (1972–1973)<br />[[Hans Filbinger]] (1973–1974)}}


|- style="height:12em;"
The first official residence of the President is the [[Schloss Bellevue|Bellevue Palace]] in [[Berlin]]. The President's second official residence is the [[Hammerschmidt Villa]] in [[Bonn]]. The current office-holder is [[Horst Köhler]], elected in [[2004]].
! scope="row" | 4
| | [[File:Bundesarchiv Bild 146-1989-047-20, Walter Scheel.jpg|160px]]
| data-sort-value="Scheel" | '''[[Walter Scheel]]'''<br />{{Small|(1919–2016)}}
| {{dts|1 July 1974}}<br/>–<br/>{{dts|30 June 1979}}
| style="background-color:{{party color|Free Democratic Party (Germany)}}" |
| FDP
| class=nowrap | [[1974 West German presidential election|1974]]
| {{small|Hans Filbinger (1974)<br />[[Alfred Kubel]] (1974–1975)<br />[[Albert Osswald]] (1975–1976)<br />[[Bernhard Vogel (politician)|Bernhard Vogel]] (1976–1977)<br />[[Gerhard Stoltenberg]] (1977–1978)<br />[[Dietrich Stobbe]] (1978–1979)}}

|- style="height:12em;"
! scope="row" | 5
| | [[File:Bundesarchiv B 145 Bild-F054633-0020, Ludwigshafen, CDU-Bundesparteitag, Carstens (cropped).jpg|160px]]
| data-sort-value="Carstens" | '''[[Karl Carstens]]'''<br />{{Small|(1914–1992)}}
| {{dts|1 July 1979}}<br/>–<br/>{{dts|30 June 1984}}
| style="background-color:{{party color|CDU}}" |
| CDU
| class=nowrap | [[1979 West German presidential election|1979]]
| {{small|Dietrich Stobbe (1979)<br />[[Hans-Ulrich Klose]] (1979–1980)<br />[[Werner Zeyer]] (1980–1981)<br />[[Hans Koschnick]] (1981–1982)<br />[[Johannes Rau]] (1982–1983)<br />[[Franz Josef Strauß]] (1983–1984)}}

|- style="height:6em;"
! scope="row" rowspan=2 | 6
| rowspan="2" | [[File:Bundesarchiv Bild 146-1991-039-11, Richard v. Weizsäcker.jpg|160px]]
| rowspan="2" data-sort-value="Weizsäcker" | '''[[Richard von Weizsäcker]]'''<br />{{Small|(1920–2015)}}
| rowspan=2 | {{dts|1 July 1984}}<br/>–<br/>{{dts|30 June 1994}}
| rowspan=2 style="background-color:{{party color|CDU}}" |
| rowspan=2 | CDU
| class=nowrap | [[1984 West German presidential election|1984]]
| rowspan=2 | {{small|Franz Josef Strauß (1984)<br />[[Lothar Späth]] (1984–1985)<br />[[Ernst Albrecht (politician, born 1930)|Ernst Albrecht]] (1985–1986)<br />[[Holger Börner]] (1986–1987)<br />[[Walter Wallmann]] (1987)<br />[[Bernhard Vogel (politician)|Bernhard Vogel]] (1987–1988)<br />[[Björn Engholm]] (1988–1989)<br />[[Walter Momper]] (1989–1990)<br />[[Henning Voscherau]] (1990–1991)<br />[[Alfred Gomolka]] (1991–1992)<br />[[Berndt Seite]] (1992)<br />[[Oskar Lafontaine]] (1992–1993)<br />[[Klaus Wedemeier]] (1993–1994)}}

|- style="height:6em;"
| [[1989 West German presidential election|1989]]

|- style="height:12em;"
! scope="row" | 7
| | [[File:Roman Herzog 2012.JPG|160px]]
| data-sort-value="Herzog" | '''[[Roman Herzog]]'''<br />{{Small|(1934–2017)}}
| {{dts|1 July 1994}}<br/>–<br/>{{dts|30 June 1999}}
| style="background-color:{{party color|CDU}}" |
| CDU
| class=nowrap | [[1994 German presidential election|1994]]
| {{small|Klaus Wedemeier (1994)<br />[[Johannes Rau]] (1994–1995)<br />[[Edmund Stoiber]] (1995–1996)<br />[[Erwin Teufel]] (1996–1997)<br />[[Gerhard Schröder]] (1997–1998)<br />[[Hans Eichel]] (1998–1999)<br />[[Roland Koch]] (1999)}}

|- style="height:12em;"
! scope="row" | 8
| | [[File:Johannes rau 2004-05-16 berlin (1).jpg|160px]]
| data-sort-value="Rau" | '''[[Johannes Rau]]'''<br />{{Small|(1931–2006)}}
| {{dts|1 July 1999}}<br/>–<br/>{{dts|30 June 2004}}
| style="background-color:{{party color|Social Democratic Party of Germany}}" |
| SPD
| class=nowrap | [[1999 German presidential election|1999]]
| {{small|Roland Koch (1999)<br />[[Kurt Biedenkopf]] (1999–2000)<br />[[Kurt Beck]] (2000–2001)<br />[[Klaus Wowereit]] (2001–2002)<br />[[Wolfgang Böhmer]] (2002–2003)<br />[[Dieter Althaus]] (2003–2004)}}

|- style="height:6em;"
! scope="row" rowspan=2 | 9
| rowspan="2" | [[File:Horst Köhler.jpg|160px]]
| rowspan="2" data-sort-value="Köhler" | '''[[Horst Köhler]]'''<br />{{Small|(b. 1943)}}
| rowspan=2 | {{dts|1 July 2004}}<br/>–<br/>{{dts|31 May 2010}}{{efn|On 31 May 2010, Köhler declared his resignation with immediate effect.}}
| rowspan=2 style="background-color:{{party color|CDU}}" |
| rowspan=2 | CDU
| class=nowrap | [[2004 German presidential election|2004]]
| rowspan=2 | {{small|Dieter Althaus (2004)<br />[[Matthias Platzeck]] (2004–2005)<br />[[Peter Harry Carstensen]] (2005–2006)<br />[[Harald Ringstorff]] (2006–2007)<br />[[Ole von Beust]] (2007–2008)<br />[[Peter Müller (politician)|Peter Müller]] (2008–2009)<br />[[Jens Böhrnsen]] (2009–2010)}}

|- style="height:6em;"
| [[2009 German presidential election|2009]]

|--
| bgcolor=#EEEEEE colspan=10 | ''President of the Bundesrat [[Jens Böhrnsen]] acted as President from 31 May to 30 June 2010.''
|--

|- style="height:12em;"
! scope="row" | 10
| | [[File:Christian Wulff crop.jpg|160px]]
| data-sort-value="Wulff" | '''[[Christian Wulff]]'''<br />{{Small|(b. 1959)}}
| {{dts|30 June 2010}}<br/>–<br/>{{dts|17 February 2012}}{{efn|On 17 February 2012, Wulff declared his resignation with immediate effect.}}
| style="background-color:{{party color|CDU}}" |
| CDU
| class=nowrap | [[2010 German presidential election|2010]]
| {{small|Jens Böhrnsen (2010)<br />[[Hannelore Kraft]] (2010–2011)<br />[[Horst Seehofer]] (2011–2012)}}

|--
| bgcolor=#EEEEEE colspan=10 | ''President of the Bundesrat [[Horst Seehofer]] acted as President from 17 February to 18 March 2012.''
|--

|- style="height:12em;"
! scope="row" | 11
| | [[File:Joachim Gauck (2012 passport).jpg|160px]]
| data-sort-value="Gauck" | '''[[Joachim Gauck]]'''<br />{{Small|(b. 1940)}}
| {{dts|18 March 2012}}<br/>–<br/>{{dts|18 March 2017}}
| style="background-color:{{party color|Independent politician}}" |
| [[Independent politician|Independent]]
| class=nowrap | [[2012 German presidential election|2012]]
| {{small|Horst Seehofer (2012)<br />[[Winfried Kretschmann]] (2012–2013)<br />[[Stephan Weil]] (2013–2014)<br />[[Volker Bouffier]] (2014–2015)<br />[[Stanislaw Tillich]] (2015–2016)<br />[[Malu Dreyer]] (2016–2017)}}

|- style="height:6em;"
! rowspan="2" scope="row" | 12
| rowspan="2" | [[File:Bundespräsident Frank-Walter Steinmeier auf den Stufen der Villa Hammerschmidt in Bonn.jpg|160px]]
| rowspan="2" data-sort-value="Steinmeier" | '''[[Frank-Walter Steinmeier]]'''<br />{{Small|(b. 1956)}}
| rowspan=2 | {{dts|19 March 2017}}<br/>–<br/>''Incumbent''
| rowspan=2 style="background-color:{{party color|Social Democratic Party of Germany}}" |
| rowspan=2| SPD
| class=nowrap | [[2017 German presidential election|2017]]
| rowspan="2"| {{small|Malu Dreyer (2017)<br />[[Michael Müller (politician, born 1964)|Michael Müller]] (2017–2018)<br />[[Daniel Günther]] (2018–2019)<br />[[Dietmar Woidke]] (2019–2020)<br />[[Reiner Haseloff]] (2020–2021)<br />[[Bodo Ramelow]] (2021–2022)<br />[[Peter Tschentscher]] (2022–2023)<br />[[Manuela Schwesig]] (2023–2024)<br />[[Anke Rehlinger]] (''Incumbent'')}}

|- style="height:6em;"
| [[2022 German presidential election|2022]]

|-
|}


==See also==
==See also==
* [[President of Germany (1919–1945)]]
*[[German presidential election, 2004]]

*[[German reunification]]
==Notes==
*[[President]]
{{notelist}}
*[[President of Germany (Weimar Republic)]]
*[[Politics of Germany]]
*[[Heads of State timeline]]
*[[List of state leaders]]


==References==
==References==
{{Reflist}}
{{Reflist|30em}}


==External links==
==External links==
{{Commons|Bundespräsident (Deutschland)}}
*[http://www.bundespraesident.de/en Official website]
* {{Official website|http://www.bundespraesident.de/EN/Home/home_node.html}} {{in lang|de|en}}
*[http://www.archontology.org/nations/german/germ_state2/ Germany: Heads of State: 1949-2005]
* [http://www.archontology.org/nations/german/germ_1949a/ Germany: Heads of State: 1949–2022]

{{Heads of state of the European Union Member states}}
{{Europe heads of state}}

{{refimprove|date=November 2006}}


{{Germany topics}}
[[Category:Government of Germany]]
[[Category:Lists of presidents|Germany, President of]]
{{President of Germany}}
{{Heads of state of the European Union member states}}
{{List of Current Heads of State of G20}}
{{Heads of state and government of Europe}}
{{Authority control}}


{{DEFAULTSORT:President of the Federal Republic of Germany}}
{{Link FA|de}}
{{Link FA|vi}}


[[Category:Lists of political office-holders in Germany]]
[[ca:President d'Alemanya]]
[[Category:Presidents by country|Germany, President of]]
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[[Category:Presidents of Germany| ]]
[[da:Forbundspræsident (Tyskland)]]
[[Category:Ceremonial heads of state|Germany]]
[[de:Bundespräsident (Deutschland)]]
[[Category:1949 establishments in Germany]]
[[et:Saksamaa president]]
[[es:Presidente de Alemania]]
[[eo:Prezidento (Germanio)]]
[[fr:Président fédéral (Allemagne)]]
[[gl:Presidente de Alemaña]]
[[id:Presiden Jerman]]
[[it:Elenco di Capi di Stato tedeschi]]
[[ka:ბუნდესპრეზიდენტი (გერმანია)]]
[[la:Praeses Foederalis Germaniae]]
[[nl:Bondspresident van Duitsland]]
[[ja:連邦大統領 (ドイツ)]]
[[nds:Bunnspräsident (Düütschland)]]
[[pl:Prezydenci Niemiec]]
[[pt:Presidente da Alemanha]]
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[[simple:President of Germany]]
[[fi:Saksan liittopresidentti]]
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[[zh:德國聯邦總統]]

Latest revision as of 14:29, 15 December 2024

Federal President of the Federal Republic of Germany
Bundespräsident der Bundesrepublik Deutschland
Logo of the German President
since 19 March 2017
StyleHerr Bundespräsident
(informal)
His Excellency
(diplomatic)
StatusHead of state
ResidenceSchloss Bellevue (Berlin)
Villa Hammerschmidt (Bonn)
AppointerFederal Convention
Term length5 years, renewable once consecutively
Constituting instrumentBasic Law for the Federal Republic of Germany
PrecursorThe Reichspräsident
Inaugural holderTheodor Heuss
Formation24 May 1949; 75 years ago (1949-05-24)
DeputyPresident of the German Bundesrat
(Ex officio)
Salary€254,000 annually[1]
Websitebundespraesident.de

The president of Germany, officially titled the Federal President of the Federal Republic of Germany (German: Bundespräsident der Bundesrepublik Deutschland),[2] is the head of state of Germany.

The current officeholder is Frank-Walter Steinmeier who was elected on 12 February 2017 and re-elected on 13 February 2022. He is currently serving his second five-year-term, which began on 19 March 2022.

Under the 1949 constitution (Basic Law) Germany has a parliamentary system of government in which the chancellor (similar to a prime minister or minister-president in other parliamentary democracies) is the head of government. The president has a ceremonial role as figurehead, but also has the right and duty to act politically.[3] They can give direction to general political and societal debates and have some important "reserve powers" in case of political instability (such as those provided for by Article 81 of the Basic Law).[4] The president also holds the prerogative to grant pardons on behalf of the federation. The German presidents, who can be elected to two consecutive five-year terms, have wide discretion about how they exercise their official duties.[5]

Under Article 59 (1) of the Basic Law (German Constitution), the president represents the Federal Republic of Germany in matters of international law, concludes treaties with foreign states on its behalf and accredits diplomats.[6] Furthermore, all federal laws must be signed by the president before they can come into effect; presidents may veto a law if they believe it to violate the constitution.

The president's actions and public appearances represent the state itself, its existence, legitimacy, and unity. The president enjoys a higher ranking at official functions than the chancellor. The president's role is integrative and includes the control function of upholding the law and the constitution. It is a matter of political tradition – not legal restrictions – that the president generally does not comment routinely on issues in the news, particularly when there is some controversy among the political parties.[7] This distance from day-to-day politics and daily governmental issues allows the president to be a source of clarification, to influence public debate, voice criticism, offer suggestions, and make proposals. In order to exercise this power, they traditionally act above party politics.[7]

Election

[edit]

The president is elected for a term of five years by secret ballot, without debate, by a specially convened Federal Convention which mirrors the aggregated majority position in the Bundestag (the federal parliament) and in the parliaments of the 16 German states. The convention consists of all Bundestag members, as well as an equal number of electors elected by the state legislatures in proportion to their respective populations. Since reunification, all Federal Conventions have had more than 1200 members, as the Bundestag has always had more than 600 parliamentarians since then. It is not required that state electors are chosen from the members of the state legislature; often some prominent citizens are chosen.

The German constitution, the Basic Law, requires that the convention be convened no later than 30 days before the scheduled expiry of the sitting president's term or 30 days after a premature expiry of a president's term. The body is convened and chaired by the President of the Bundestag. From 1979 to 2009, all these conventions were held on 23 May, the anniversary of the foundation of the Federal Republic in 1949. The resignation of Horst Köhler in 2010, which necessitated an early meeting of the Federal Convention, brought this tradition to an end.

In the first two rounds of the election, the candidate who achieves an absolute majority is elected. If, after two votes, no single candidate has received this level of support, in the third and final vote the candidate who wins a plurality of votes cast is elected.

The result of the election is often determined by party politics. In most cases, the candidate of the majority party or coalition in the Bundestag is considered to be the likely winner. However, as the members of the Federal Convention vote by secret ballot and are free to vote against their party's candidate, some presidential elections were considered open or too close to call beforehand because of relatively balanced majority positions or because the governing coalition's parties could not agree on one candidate and endorsed different people, as they did in 1969, when Gustav Heinemann won by only six votes on the third ballot. In other cases, elections have turned out to be much closer than expected. For example, in 2010, Wulff was expected to win on the first ballot, as the parties supporting him (CDU, CSU and FDP) had a stable absolute majority in the Federal Convention. Nevertheless, he failed to win a majority in the first and second ballots, while his main opponent Joachim Gauck had an unexpectedly strong showing. In the end, Wulff obtained a majority in the third ballot. If the opposition has turned in a strong showing in state elections, it can potentially have enough support to defeat the chancellor's party's candidate; this happened in the elections in 1979 and 2004. For this reason, presidential elections can indicate the result of an upcoming general election. According to a long-standing adage in German politics, "if you can create a President, you can form a government."[citation needed]

Past elections

[edit]
Election Date Site Ballots Winner

(endorsing parties)[a]

Electoral votes

(percentage)

Runner-up

(endorsing parties)[b]

Electoral votes

(percentage)

1st Federal Convention 12 September 1949 Bonn 2 Theodor Heuss

(FDP, CDU, CSU)

416 (51.7%) Kurt Schumacher
(SPD)
312 (38.8%)
2nd Federal Convention 17 July 1954 West Berlin 1 Theodor Heuss
(FDP, CDU, CSU, SPD)
871 (85.6%) Alfred Weber
(KPD)
12 (1.2%)
3rd Federal Convention 1 July 1959 West Berlin 2 Heinrich Lübke
(CDU, CSU)
526 (50.7%) Carlo Schmid
(SPD)
386 (37.2%)
4th Federal Convention 1 July 1964 West Berlin 1 Heinrich Lübke
(CDU, CSU, SPD)
710 (68.1%) Ewald Bucher
(FDP)
123 (11.8%)
5th Federal Convention 5 March 1969 West Berlin 3 Gustav Heinemann
(SPD, FDP)
512 (49.4%) Gerhard Schröder
(CDU, CSU, NPD)
506 (48.8%)
6th Federal Convention 15 May 1974 Bonn 1 Walter Scheel
(FDP, SPD)
530 (51.2%) Richard von Weizsäcker
(CDU, CSU)
498 (48.1%)
7th Federal Convention 23 May 1979 Bonn 1 Karl Carstens
(CDU, CSU)
528 (51%) Annemarie Renger
(SPD)
431 (41.6%)
8th Federal Convention 23 May 1984 Bonn 1 Richard von Weizsäcker
(CDU, CSU, FDP, SPD)
832 (80%) Luise Rinser
(Greens)
68 (6.5%)
9th Federal Convention 23 May 1989 Bonn 1 Richard von Weizsäcker
(CDU, CSU, FDP, SPD)
881 (84.9%) None 108 (10.4%) no-votes
10th Federal Convention 23 May 1994 Berlin 3 Roman Herzog
(CDU, CSU)
696 (52.6%) Johannes Rau
(SPD)
605 (45.7%)
11th Federal Convention 23 May 1999 Berlin 2 Johannes Rau
(SPD, Greens)
690 (51.6%) Dagmar Schipanski
(CDU, CSU)
572 (42.8%)
12th Federal Convention 23 May 2004 Berlin 1 Horst Köhler
(CDU, CSU, FDP)
604 (50.1%) Gesine Schwan
(SPD, Greens)
589 (48.9%)
13th Federal Convention 23 May 2009 Berlin 1 Horst Köhler
(CDU, CSU, FDP, FW)
613 (50.1%) Gesine Schwan
(SPD, Greens)
503 (41.1%)
14th Federal Convention 30 June 2010 Berlin 3 Christian Wulff
(CDU, CSU, FDP)
625 (50.2%) Joachim Gauck
(SPD, Greens)
494 (39.7%)
15th Federal Convention 18 March 2012 Berlin 1 Joachim Gauck
(CDU, CSU, FDP, SPD, Greens, Free Voters, SSW)
991 (79.9%) Beate Klarsfeld
(The Left)
126 (10.2%)
16th Federal Convention 12 February 2017 Berlin 1 Frank-Walter Steinmeier
(SPD, CDU, CSU, Greens, FDP, SSW)
931 (74.3%) Christoph Butterwegge
(The Left)
128 (10.2%)
17th Federal Convention 13 February 2022 Berlin 1 Frank-Walter Steinmeier
(SPD, Greens, FDP, CDU, CSU, SSW)
1045 (72.7%) Max Otte
(AfD)
140 (9.74%)
  1. ^ governing parties in bold
  2. ^ governing parties in bold

Qualifications

[edit]

The office of president is open to all Germans who are entitled to vote in Bundestag elections and have reached the age of 40, but no one may serve more than two consecutive five-year terms. As yet (2022), only five presidents (Heuss, Lübke, von Weizsäcker, Köhler and Steinmeier (in office)) have been elected for a second term and only two of them (Heuss and von Weizsäcker) completed those terms, while Lübke and Köhler resigned during their second term. The president must not be a member of the federal government or of a legislature at either the federal or state level.

Oath

[edit]

After taking office the president must take the following oath, stipulated by Article 56 of the Basic Law, in a joint session of the Bundestag and the Bundesrat (it is the only event that demands such a joint session constitutionally). The religious references may optionally be omitted.

I swear that I will dedicate my efforts to the well-being of the German people, promote their welfare, protect them from harm, uphold and defend the Basic Law and the laws of the Federation, perform my duties conscientiously and do justice to all. (So help me God.)[8]

German constitutional law does not consider oaths of office as constitutive but only as affirmative. This means that the president does not have to take the oath at the moment of entering office in order to be able to exercise its constitutional powers. In practice, the oath is usually administered during the first days or weeks of a president's term on a date convenient for a joint session of the Bundestag and the Bundesrat. Nevertheless, in theory a persistent refusal to take the oath is considered to be an impeachable offence by legal scholars.[9] If a president is re-elected for a second consecutive term, he does not take the oath again.

Duties and functions

[edit]
Bellevue Palace, Berlin (primary seat)
Hammerschmidt Villa, Bonn (secondary seat)

The president is involved in the formation of the Federal Government and remains in close cooperation with it. Basically, the president is free to act on his own discretion. However, according to Article 58 of the German constitution, the decrees, and directives of the president require the countersignature of the chancellor or the corresponding federal minister in charge of the respective field of politics. This rule ensures the coherence of government action, similar to the system of checks and balances in the United States. There is no need for a countersignature if the president proposes, appoints, or dismisses the chancellor; convenes or dissolves the Bundestag according to Article 63; declares a legislative state of emergency; calls on a chancellor and ministers to remain in office after the end of a chancellor's term until a successor is elected; or exercises his right to pardon on behalf of the federation - as these are exclusive powers of the president.

Therefore, the president also receives the chancellor regularly for talks on current policy issues. German presidents also hold talks with individual federal ministers and other senior officials at their own discretion. The "Head of the Office of the President" represents the will and views of the president in the meetings of the Federal Cabinet and reports back to the president.[10]

The president's most prominent powers and duties include:[10]

  • Proposing the chancellor to the Bundestag
  • Appointing and dismissing the chancellor and their cabinet ministers
  • Dissolving the Bundestag under certain circumstances
  • Declaring the legislative state of emergency under certain circumstances
  • Convening the Bundestag
  • Signing and promulgating laws or vetoing them under certain circumstances
  • Appointing and dismissing federal judges, federal civil servants, and commissioned and non-commissioned officers of the Armed Forces
  • Exercising the power to pardon individual offenders on behalf of the Federation
  • Awarding honors on behalf of the Federation
  • Representing Germany at home and abroad

Appointment of the Federal Government

[edit]

After an election or other vacancy in the chancellor's office, the president must propose an individual to the Bundestag to be elected chancellor. The Bundestag is required to vote on this proposed candidate. If this vote fails, the right of nomination falls to the Bundestag, which is then given 14 days to elect another person. In either case, the President is obliged to appoint the person if a majority of the entire elected Bundestag, not just those present, votes for them (the so-called Kanzlermehrheit, "Chancellor majority").

If the Bundestag cannot elect anyone with a majority in the 14-day period, it is required to hold one final ballot. If a person is elected with a majority on this ballot, the President is once again obliged to appoint them. If there is no majority, the President has seven days to either appoint the person who received a plurality of votes on the final ballot or dissolve the Bundestag.

The chancellor may only be removed if the Bundestag passes a constructive vote of no confidence, indicating that a prospective new chancellor has the support of a majority. The President is then required to dismiss the chancellor and appoint the new candidate.[11]

The president also appoints and dismisses the remaining members of the federal government upon proposal of the chancellor. This theoretically means that the president can appoint only those candidates presented by the chancellor. It is unclear whether the president could refuse to dismiss or appoint a proposed federal minister, as no president has ever done so.

The constitution places no restrictions on who may be chancellor. In practice, the president only proposes a person as chancellor who has previously garnered a majority support in prior coalition talks and traditionally does not interfere in those talks. However, after the "Jamaica coalition" talks failed in the wake of the 2017 election, President Steinmeier invited several Bundestag party leaders to try to bring them together to form a working government.

Other appointments

[edit]

The president appoints federal judges, federal civil servants, and military officers.

Dissolution of the Bundestag

[edit]

Unlike the head of state in Westminster system parliamentary democracies, the President does not have the reserve power to unilaterally dissolve the Bundestag. The Bundestag also does not have the power to dissolve itself. Dissolution by the President can only occur in two scenarios caused by action of the Bundestag:

  • The Bundestag fails to elect a chancellor within 14 days of an election or vacancy. The Bundestag is then required to hold one final ballot. If the vote still fails to obtain a majority for anyone, the President has seven days to either dissolve the Bundestag, or appoint the person receiving the plurality of votes as chancellor.
  • The chancellor proposes a vote of confidence which fails. The chancellor may then advise the President to dissolve the Bundestag, which he may do within the shorter of 21 days or until a constructive vote of no confidence passes to replace the chancellor. The chancellor is not obliged to ask for a dissolution, nor is the President is obliged to grant one.[12]

The first scenario has never happened. The second has been used to call snap elections in 1972, 1983, and 2005, in all three cases with the incumbent chancellor asking his own party to vote down the confidence motion and obtaining a dissolution. Though the use of this strategy is controversial and the latter two cases resulted in complaints to the Federal Constitutional Court, it has been upheld as lawful.

Promulgation of the law

[edit]

All federal laws must be signed by the president before they can come into effect.[13] The president may refuse to sign the law, thus effectively vetoing it. In principle, the president has the full veto authority on any bill, but this, however, is not how past presidents handled their power.[14] Usually, the president checks if the law was passed according to the order mandated by the Constitution and/or if the content of the law is constitutional. Only in cases in which the incumbent president had serious doubts about the constitutionality of a bill laid before them, they have refused to sign it. It also has to be stated that the president may at their own discretion sign such a "vetoed" bill at any later time, if for example the Basic Law has been changed in the relevant aspect or if the bill in question has been amended according to his concerns, because their initial refusal to sign a bill is not technically a final veto.

As of 2023, this has happened only nine times and no president has done it more often than two times during their term:

  • In 1951, Theodor Heuss vetoed a bill concerning income and corporation taxes, because it lacked the consent of the Bundesrat (in Germany some bills at the federal level need the consent of the Bundesrat, and some do not, which can be controversial at times).
  • In 1961, Heinrich Lübke refused to sign a bill concerning business and workforce trades he believed to be unconstitutional, because of a violation of the free choice of job.
  • In 1969, Gustav Heinemann vetoed the "Engineer Act", because he believed this legislative area to be under the authority of the states.
  • In 1970, Gustav Heinemann refused to sign the "Architects Act" for the same reason.
  • In 1976, Walter Scheel vetoed a bill about simplification measures regarding the conscientious objection of conscription, because it lacked the – in his opinion necessary – consent of the Bundesrat.
  • In 1991, Richard von Weizsäcker refused to sign an amendment to the "Air Traffic Act" allowing the privatisation of the air traffic administration, which he believed to be unconstitutional. He signed the bill later after the Basic Law was changed in this aspect.
  • In 2006, Horst Köhler vetoed a bill concerning flight control, because he believed it to be unconstitutional.
  • Later the same year, Horst Köhler vetoed the "Consumer Information Act" for the same reason.
  • In 2020, Frank-Walter Steinmeier refused to sign the "Hate Speech Act" because of concerns about its constitutionality. In a letter sent to the Bundesrat, he stated his intent to sign the bill, if accordingly amended in a reasonable time.[15] He did so in April 2021.[16]

Karl Carstens, Roman Herzog, Johannes Rau, Christian Wulff, and Joachim Gauck have signed and promulgated all bills during their respective terms.[17]

Foreign relations

[edit]

The president represents Germany in the world (Art. 59 Basic Law), undertakes foreign visits, and receives foreign dignitaries. They also conclude treaties with foreign nations (which do not come into effect until affirmed by the Bundestag), accredit German diplomats, and receive the letters of accreditation of foreign diplomats.

Pardons and honours

[edit]

According to Article 60 (2) of the German Constitution, the president has the power to pardon. This means the president "has the authority to revoke or commute penal or disciplinary sentences in individual cases. The federal president cannot, however, issue an amnesty waiving or commuting sentences for a whole category of offenses. That requires a law enacted by the Bundestag in conjunction with the Bundesrat. Due to the federal structure of Germany the federal president is only responsible for dealing with certain criminal matters (e.g. espionage and terrorism) and disciplinary proceedings against federal civil servants, federal judges, and soldiers".[18]

It is customary that the federal president becomes the honorary godparent of the seventh child in a family if the parents wish it. They also send letters of congratulations to centenarians and long-time married couples.[19]

Legislative state of emergency

[edit]

Article 81 makes it possible to enact a law without the approval of the Bundestag: if the Bundestag rejects a motion of confidence, but a new chancellor is not elected nor is the Bundestag dissolved, the chancellor can declare a draft law to be "urgent". If the Bundestag refuses to approve the draft, the cabinet can ask the federal president to declare a "legislative state of emergency" (Gesetzgebungsnotstand) with regard to that specific law proposal.

After the declaration of the president, the Bundestag has four weeks to discuss the draft law. If it does not approve it the cabinet can ask the Federal Council for approval. After the consent of the Federal Council is secured, the draft law becomes law.

There are some constraints on the "legislative state of emergency". After a president has declared the state of emergency for the first time, the government has only six months to use the procedure for other law proposals. Given the terms provided by the constitution, it is unlikely that the government can enact more than one other draft law in this way.

Also, the emergency has to be declared afresh for every proposal. This means that the six months are not a period in which the government together with the president and the Federal Council simply replaces the Bundestag as lawgiver. The Bundestag remains fully competent to pass laws during these six months. The state of emergency also ends if the office of the chancellor ends. During the same term and after the six months, the chancellor cannot use the procedure of Article 81 again.

A "legislative state of emergency" has never been declared. In case of serious disagreement between the chancellor and the Bundestag, the chancellor resigns or the Bundestag faces new elections. The provision of Article 81 is intended to assist the government for a short time, but not to use it in crisis for a longer period. According to constitutional commentator Bryde, Article 81 provides the executive (government) with the power to "enable decrees in a state of emergency" (exekutives Notverordnungsrecht), but for historical reasons the constitution avoided this expression.[20]

Politics and influence

[edit]
Former President Joachim Gauck and his partner Daniela Schadt

Though candidates are usually selected by a political party or parties, the president nonetheless is traditionally expected to refrain from being an active member of any party after assuming office. Every president to date, except Joachim Gauck (who was an independent), has suspended their party membership for the duration of their term. Presidents have, however, spoken publicly about their personal views on political matters. The very fact that a president is expected to remain above politics usually means that when they do speak out on an issue, it is considered to be of great importance. In some cases, a presidential speech has dominated German political debate for a year or more.[21]

Reserve powers

[edit]

According to article 81 of the German constitution, the president can declare a "Legislation Emergency" and allow the federal government and the Bundesrat to enact laws without the approval of the Bundestag. They also have important decisive power regarding the appointment of a chancellor who was elected by plurality only, or the dissolution of the Bundestag under certain circumstances.

It is also theoretically possible, albeit a drastic step which has not happened since 1949, that the president refuses to sign legislation merely because they disagree with its content, thus vetoing it, or refuse to approve a cabinet appointment.[22] In all cases in which a bill was not signed by the federal president, all presidents have claimed that the bill in question was manifestly unconstitutional. For example, in the autumn of 2006, President Horst Köhler did so twice within three months. Also, in some cases, a president has signed a law while asking that the political parties refer the case to the Federal Constitutional Court in order to test the law's constitutionality.

Succession

[edit]
Anke Rehlinger, the current President of the Bundesrat and Deputy of the President of Germany

The Basic Law did not create an office of Vice President, but designated the President of the Bundesrat (by constitutional custom the head of government of one of the sixteen German states, elected by the Bundesrat in a predetermined order of annual alternation) as deputy of the president of Germany (Basic Law, Article 57). If the office of president falls vacant, they assume the powers of the president on an acting basis until a successor is elected. While doing so, they do not continue to exercise the role of chair of the Bundesrat.[23] If the president is temporarily unable to perform their duties (this happens frequently, for example if the president is abroad on a state visit), he can at his own discretion delegate his powers or parts of them to the president of the Bundesrat.[24] For example, in early November 2022, then President of the Bundesrat Peter Tschentscher deputised President Steinmeier when the latter was on a trip to Asia.[25]

If the president dies in office, resigns, or is otherwise removed from office, a successor is to be elected within thirty days. Horst Köhler, upon his resignation on 31 May 2010, became the first president to trigger this re-election process. Jens Böhrnsen, President of the Senate and Mayor of the Free Hanseatic City of Bremen and at the time President of the Bundesrat, became Acting President.[26] Similarly, when Christian Wulff resigned in 2012, it was Horst Seehofer, Minister-President of Bavaria, as President of the Bundesrat, who became Acting President. When Heinrich Lübke, on the other hand, announced his resignation in 1968, it only came into effect the following year, a mere three months before the scheduled end of his term and after the expedited election of his successor. Back in 1949, Karl Arnold, at the time Minister-President of North Rhine-Westphalia and President of the Bundesrat, also acted as head of state for a few days: after the Basic Law had come into effect and he himself was elected as President of the Bundesrat, the first President of Germany was not yet elected and the office therefore vacant.

None of these three presidents of the Bundesrat acting as President, has used any of the more important powers of the president, as for example vetoing a law or dissolving the Bundestag, although they would have been entitled to do so under the same conditions as the president.

Impeachment and removal

[edit]

While in office, the president enjoys immunity from prosecution and cannot be voted out of office or recalled. The only mechanism for removing the president is impeachment by the Bundestag or Bundesrat for willfully violating German law. In either of the two bodies a two-thirds majority is required. Once the Bundestag or the Bundesrat impeaches the president, the Federal Constitutional Court is charged with determining if they are guilty of the offence. If the charge is sustained, the court has the authority to remove the president from office.

Presidential office and symbols

[edit]

Residences and office

[edit]
Ceremonial office in Bellevue Palace

The official residence of the president is Bellevue Palace in Berlin. The president's second official residence is the Hammerschmidt Villa in Bonn, the former capital city of West Germany.

Although these are the president's official residences, they do not live in Bellevue palace. Instead, it is only used as a ceremonial office. The president and their spouse live in a villa in Dahlem which is part of the Berlin borough of Steglitz-Zehlendorf.

The Office of the President (Bundespräsidialamt) is a supreme federal authority. It organises the president's work, supports the president in the performance of their duties as head of state, and coordinate their working relationships with other parts of the German government and administration. Its top official, who takes precedence over all other German state secretaries, is the Head of the Office of the President (Chef des Bundespräsidialamts).

The office and its staff advise the president, inform them of all developments in domestic and foreign affairs and carry out the instructions of the president or forward these to the corresponding ministry or authority.[7]

Transportation

[edit]
Airbus A340 aircraft used by the president

The president's car is usually black, made in Germany and has the numberplate "0 – 1" with the presidential standard on the right wing of the car. The president also uses a VIP helicopter operated by the Federal Police and VIP aircraft (Bombardier Global 5000, Airbus A319CJ, Airbus A310, or A340) operated by the Executive Transport Wing of the German Air Force. When the president is on board, the flight's callsign is "German Airforce 001".

Presidential standard

[edit]

History

[edit]

The modern-day position of German president is significantly different from the Reich President of the Weimar Republic – a position which held considerable power and was regarded as an important figure in political life.[27]

Weimar Republic

[edit]

The position of president of Germany was first established by the Weimar Constitution, which was drafted in the aftermath of World War I and the abdication of Emperor Wilhelm II in 1918. In Germany the new head of state was called the Reichspräsident.

Friedrich Ebert served as Germany's first president, followed by Paul von Hindenburg. The office effectively came to an end upon Hindenburg's death in 1934 when its powers were merged with those of the chancellor. Adolf Hitler ruled Germany as "Führer und Reichskanzler", combining his previous positions in the party and government. However, he did officially become president;[28] the office was not abolished (though the constitutionally mandated presidential elections every seven years did not take place in the Nazi era) and briefly revived at the end of World War II when Hitler appointed Grand Admiral Karl Dönitz as his successor as "President of Germany". Dönitz agreed to the surrender to the Allies and was arrested a few days later.[29]

The Weimar Constitution created a semi-presidential system in which power was divided between the president, a cabinet, and a parliament. The president enjoyed far greater power than the current president and had an active political role rather than a largely ceremonial one. The influence of the president increased greatly as a result of the instability of the Weimar period. The president appointed the chancellor and, at his recommendation, appointed and dismissed members of the cabinet as well. It was also necessary for the cabinet to have the confidence of the Reichstag (parliament) because it could be removed by a vote of no confidence.[30] All bills had to receive the signature of the president to become law and, although he did not have an absolute veto on legislation, he could insist that a law be submitted for the approval of voters in a referendum. The president had the authority to dissolve the Reichstag, conduct foreign affairs, and had command the armed forces. Article 48 of the constitution provided the president sweeping powers in the event of a crisis. If there was a threat to "public order and security", he could, with the co-signature of the chancellor (per article 50), suspend civil rights and legislate by decree.[31]

The Weimar constitution provided that the president be directly elected and serve a seven-year term. The election involved a form of the two-round system. The first president was elected by the National Assembly and subsequently only two direct presidential elections took place. They were the election of Paul von Hindenburg in 1925 and his re-election in 1932.

The system created by the Weimar Constitution led to a number of problems. The use of a proportional electoral system without thresholds allowed the rise of a multitude of political parties which made it difficult for any of them to establish stable coalitions. This factionalism contributed to frequent changes in government.[32] In March 1930, when no workable majority could be formed after the resignation of the second Müller cabinet, President Hindenburg appointed Heinrich Brüning chancellor "with the note that his cabinet was to be put together without regard to coalition ties".[33] Brüning's term in office was the beginning of the rule by decree which marked the three presidential cabinets that preceded Adolf Hitler's chancellorship.[34]

German Democratic Republic ("East Germany")

[edit]

The German Democratic Republic established the office of a head of state with the title of President of the Republic (German: Präsident der Republik) in 1949, but abandoned the office with the death of the first president, Wilhelm Pieck, in 1960 in favour of a collective head of state closely modelled on its Soviet counterpart. All government positions of the country, including the presidency, were appointed by the ruling Socialist Unity Party of Germany on the approval of the Communist Party of the Soviet Union. Following the end of communist rule due to the Peaceful Revolution, the head of state became the parliamentary speaker with new, fair elections. Later that year, a draft constitution was written that would have restored the presidency, but ultimately this never materialised.

Federal Republic of Germany ("West Germany", 1949–1990)

[edit]

With the promulgation of the Grundgesetz in 1949, the office of President of the Federal Republic (in German: Bundespräsident) was created in West Germany. Partly due to the misuse of presidential powers in the Weimar Republic, the office's powers were significantly reduced. Not only are they indirectly elected, but most of the real power was transferred to the chancellor.

Because the reunification of Germany in 1990 was accomplished by the five East German states joining the Federal Republic, the president became the president of all German states without the establishment of a new presidential office.

List of presidents

[edit]

Twelve persons have served as President of the Federal Republic of Germany. Six of them were members of the CDU (Lübke, Carstens, von Weizsäcker, Herzog, Köhler, Wulff), three were members of the SPD (Heinemann, Rau, Steinmeier), two were members of the FDP (Heuss, Scheel) and one was an independent (Gauck). Four presidents were ministers in the federal government before entering office (Lübke Agriculture, Heinemann Justice, Scheel, Steinmeier Foreign Affairs), two of them (Scheel, Steinmeier) having been Vice-Chancellor of Germany. Three were head of a state government (von Weizsäcker West Berlin, Rau North Rhine-Westphalia, Wulff Lower Saxony), Rau having been President of the Bundesrat. Two were members of the Bundestag (Heuss, Carstens), Carstens having been President of the Bundestag. One was president of the Federal Constitutional Court (Herzog), director of the IMF (Köhler), and Federal Commissioner for the Stasi Records (Gauck). Only five presidents (Heuss, Lübke, von Weizsäcker, Köhler, Steinmeier) have been re-elected for a second five-year-term and only two of those (Heuss, von Weizsäcker) served the full ten years. Christian Wulff served the shortest tenure (1 year, 7 months and 18 days) of all presidents.

The president is (according to Art. 57 GG) deputised by the president of the Bundesrat who can perform any of the president's duties, if the president is temporarily unable to do so and delegates these duties to them (this frequently happens during state visits), or if the Presidency falls vacant, in which case they become acting President until a successor is elected, which has to happen within thirty days. This has happened three times:

  • In 1949, Karl Arnold acted as President after the Grundgesetz came into effect on 7 September 1949 and before Theodor Heuss was elected by the 1st Federal Convention on 12 September 1949.
  • In 2010, Jens Böhrnsen acted as President after the resignation of Horst Köhler and before the election of Christian Wulff.
  • In 2012, Horst Seehofer acted as President after the resignation of Christian Wulff and before the election of Joachim Gauck.
List of presidents of Germany from 1949 – till date.
No. Portrait Name
(Birth–Death)
Term Party Election Deputies
(Presidents of the Bundesrat)
President of the Bundesrat Karl Arnold acted as President from 7 to 12 September 1949.
1 Theodor Heuss
(1884–1963)
12 September 1949

12 September 1959
FDP 1949 Karl Arnold (1949–1950)
Hans Ehard (1950–1951)
Hinrich Wilhelm Kopf (1951–1952)
Reinhold Maier (1952–1953)
Georg August Zinn (1953–1954)
Peter Altmeier (1954–1955)
Kai-Uwe von Hassel (1955–1956)
Kurt Sieveking (1956–1957)
Willy Brandt (1957–1958)
Wilhelm Kaisen (1958–1959)
1954
2 Heinrich Lübke
(1894–1972)
13 September 1959

30 June 1969[a]
CDU 1959 Wilhelm Kaisen (1959)
Franz Josef Röder (1959–1960)
Franz Meyers (1960–1961)
Hans Ehard (1961–1962)
Kurt Georg Kiesinger (1962–1963)
Georg Diederichs (1963–1964)
Georg August Zinn (1964–1965)
Peter Altmeier (1965–1966)
Helmut Lemke (1966–1967)
Klaus Schütz (1967–1968)
Herbert Weichmann (1968–1969)
1964
3 Gustav Heinemann
(1899–1976)
1 July 1969

30 June 1974
SPD 1969 Herbert Weichmann (1969)
Franz Josef Röder (1969–1970)
Hans Koschnick (1970–1971)
Heinz Kühn (1971–1972)
Alfons Goppel (1972–1973)
Hans Filbinger (1973–1974)
4 Walter Scheel
(1919–2016)
1 July 1974

30 June 1979
FDP 1974 Hans Filbinger (1974)
Alfred Kubel (1974–1975)
Albert Osswald (1975–1976)
Bernhard Vogel (1976–1977)
Gerhard Stoltenberg (1977–1978)
Dietrich Stobbe (1978–1979)
5 Karl Carstens
(1914–1992)
1 July 1979

30 June 1984
CDU 1979 Dietrich Stobbe (1979)
Hans-Ulrich Klose (1979–1980)
Werner Zeyer (1980–1981)
Hans Koschnick (1981–1982)
Johannes Rau (1982–1983)
Franz Josef Strauß (1983–1984)
6 Richard von Weizsäcker
(1920–2015)
1 July 1984

30 June 1994
CDU 1984 Franz Josef Strauß (1984)
Lothar Späth (1984–1985)
Ernst Albrecht (1985–1986)
Holger Börner (1986–1987)
Walter Wallmann (1987)
Bernhard Vogel (1987–1988)
Björn Engholm (1988–1989)
Walter Momper (1989–1990)
Henning Voscherau (1990–1991)
Alfred Gomolka (1991–1992)
Berndt Seite (1992)
Oskar Lafontaine (1992–1993)
Klaus Wedemeier (1993–1994)
1989
7 Roman Herzog
(1934–2017)
1 July 1994

30 June 1999
CDU 1994 Klaus Wedemeier (1994)
Johannes Rau (1994–1995)
Edmund Stoiber (1995–1996)
Erwin Teufel (1996–1997)
Gerhard Schröder (1997–1998)
Hans Eichel (1998–1999)
Roland Koch (1999)
8 Johannes Rau
(1931–2006)
1 July 1999

30 June 2004
SPD 1999 Roland Koch (1999)
Kurt Biedenkopf (1999–2000)
Kurt Beck (2000–2001)
Klaus Wowereit (2001–2002)
Wolfgang Böhmer (2002–2003)
Dieter Althaus (2003–2004)
9 Horst Köhler
(b. 1943)
1 July 2004

31 May 2010[b]
CDU 2004 Dieter Althaus (2004)
Matthias Platzeck (2004–2005)
Peter Harry Carstensen (2005–2006)
Harald Ringstorff (2006–2007)
Ole von Beust (2007–2008)
Peter Müller (2008–2009)
Jens Böhrnsen (2009–2010)
2009
President of the Bundesrat Jens Böhrnsen acted as President from 31 May to 30 June 2010.
10 Christian Wulff
(b. 1959)
30 June 2010

17 February 2012[c]
CDU 2010 Jens Böhrnsen (2010)
Hannelore Kraft (2010–2011)
Horst Seehofer (2011–2012)
President of the Bundesrat Horst Seehofer acted as President from 17 February to 18 March 2012.
11 Joachim Gauck
(b. 1940)
18 March 2012

18 March 2017
Independent 2012 Horst Seehofer (2012)
Winfried Kretschmann (2012–2013)
Stephan Weil (2013–2014)
Volker Bouffier (2014–2015)
Stanislaw Tillich (2015–2016)
Malu Dreyer (2016–2017)
12 Frank-Walter Steinmeier
(b. 1956)
19 March 2017

Incumbent
SPD 2017 Malu Dreyer (2017)
Michael Müller (2017–2018)
Daniel Günther (2018–2019)
Dietmar Woidke (2019–2020)
Reiner Haseloff (2020–2021)
Bodo Ramelow (2021–2022)
Peter Tschentscher (2022–2023)
Manuela Schwesig (2023–2024)
Anke Rehlinger (Incumbent)
2022

See also

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Notes

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  1. ^ On 14 October 1968, Lübke announced his resignation with effect to 30 June 1969, to make possible the election of his successor before the federal election campaign in the fall of 1969.
  2. ^ On 31 May 2010, Köhler declared his resignation with immediate effect.
  3. ^ On 17 February 2012, Wulff declared his resignation with immediate effect.

References

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  1. ^ "Wie wird der Bundespräsident bezahlt?". bundespraesident.de.
  2. ^ The official title within Germany is Bundespräsident, with der Bundesrepublik Deutschland being added in international correspondence; the official English title is President of the Federal Republic of Germany
    Foreign Office of the Federal Republic of Germany (1990). German Institutions. Terminological Series issued by the Foreign Office of the Federal Republic of Germany. Vol. 3. de Gruyter. p. 28. ISBN 978-0-89925-584-2.
  3. ^ Court ruling of the German Supreme Court: BVerfG, Urteil des Zweiten Senats vom 10. Juni 2014 – 2 BvE 4/13 – Rn. (1–33) [Link https://www.bundesverfassungsgericht.de/e/es20140610_2bve000413.html], retrieved 30 May 2019
  4. ^ "Basic Law for the Federal Republic of Germany". Gesetze-im-internet.de. Retrieved 22 November 2012.
  5. ^ German constitutional court: BVerfG, – 2 BvE 4/13–10 June 2014, No. 28
  6. ^ "Article: Role in the international arena". Der Bundespräsident. Retrieved 21 February 2023.
  7. ^ a b c "Article: Constitutional basis". Der Bundespräsident. Retrieved 21 February 2023.
  8. ^ Grundgesetz für die Bundesrepublik Deutschland. Article 56.
  9. ^ Haensle, Walter (2009). "Amtseid à la Obama – Verfassungsrechtliche Grundfragen und Probleme des Amtseids nach dem Grundgesetz" (PDF). JURA – Juristische Ausbildung. 31 (9): 670–676. doi:10.1515/JURA.2009.670. ISSN 0170-1452. S2CID 15442740.
  10. ^ a b "Article: Interaction between constitutional organs". Der Bundespräsident. Retrieved 21 February 2023.
  11. ^ Grundgesetz für die Bundesrepublik Deutschland (in German). Article 67.
  12. ^ Grundgesetz für die Bundesrepublik Deutschland (in German). Articles 67 and 68.
  13. ^ Grundgesetz für die Bundesrepublik Deutschland (in German). Article 82.
  14. ^ "Das Amt des Bundespräsidenten und sein Prüfungsrecht | bpb". 3 April 2008.
  15. ^ "Das könnt ihr besser". 8 October 2020.
  16. ^ "Hasskriminalität: Gesetz gegen Onlinehetze tritt Ostern in Kraft". Der Spiegel. April 2021.
  17. ^ "Bundespräsidenten: Das achte Nein". Spiegel Online. 8 December 2006.
  18. ^ "Article: Official functions". Der Bundespräsident. Retrieved 21 February 2023.
  19. ^ "Article: Anniversaries and honorary godparenthood". Der Bundespräsident. Retrieved 21 August 2023.
  20. ^ Bryde, in: von Münch/Kunig, GGK III, 5. Aufl. 2003, Rn. 7 zu Art. 81.
  21. ^ "Das Amt des Bundespräsidenten und sein Prüfungsrecht" (in German). Bpb.de. 3 April 2008. Retrieved 22 November 2012.
  22. ^ Heinrich Wilms: Staatsrecht I: Staatsorganisationsrecht unter Berücksichtigung der Föderalismusreform. Stuttgart 2007. pp. 201 ff. (German)
  23. ^ "Geschäftsordnung des Bundesrates" [Rules of Procedure of the Bundesrat] (PDF). §7 (1). Retrieved 7 November 2016. Die Vizepräsidenten vertreten den Präsidenten im Falle seiner Verhinderung oder bei vorzeitiger Beendigung seines Amtes nach Maßgabe ihrer Reihenfolge. Ein Fall der Verhinderung liegt auch vor, solange der Präsident des Bundesrates nach Artikel 57 des Grundgesetzes die Befugnisse des Bundespräsidenten wahrnimmt.
  24. ^ "Bouffier und Tillich vertreten Bundespräsidenten".
  25. ^ "Hamburgs Bürgermeister Tschentscher zum Bundesratspräsidenten gewählt". ndr.de. Retrieved 3 November 2022.
  26. ^ "Interview zum Köhler-Rücktritt: "Das hat es noch nicht gegeben"". tagesschau.de. Retrieved 22 November 2012.
  27. ^ Zentner, Christian Ed; Bedürftig, Friedemann Ed (1985). Das große Lexikon des Dritten Reiches (in German). München: Südwest Verlag. p. 686. ISBN 978-3-517-00834-9.
  28. ^ "documentArchiv.de – Gesetz über das Staatsoberhaupt des Deutschen Reichs (01.08.1934)". www.documentarchiv.de.
  29. ^ "Gesetz über das Staatsoberhaupt des Deutschen Reiches". Reichgesetzblatt. No. 89. 2 August 1934. p. 747.
  30. ^ Poll, Robert (May 2020). "The Weimar Constitution". Konrad Adenauer Stiftung. Retrieved 6 November 2024.
  31. ^ "Article 48". Holocaust Encyclopedia. Retrieved 6 November 2024.
  32. ^ "The Weimar Republic". Holocaust Encyclopedia. Retrieved 24 October 2024.
  33. ^ Mann, Golo (2001). Deutsche Geschichte des 19. und 20. Jahrhunderts [19th and 20th Century German History] (in German). Berlin: Fischer Taschenbuch. p. 755. ISBN 9783596113309.
  34. ^ Scriba, Arnulf (6 September 2014). "The Weimar Republic. Radicalization and the End of the Weimar Republic". Deutsches Historisches Museum. Retrieved 6 November 2024.
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