30 Arts. 83 et seq. GG: The Execution of Federal Laws and the Federal Administration

Abstract

This chapter discusses the relevant provisions of Art. 83 et seq. of the Grundgesetz (GG) with regard to the execution of federal laws by the federal state and the states. In the Federal Republic of Germany, the federal state and the states are each assigned their own separate administrative powers by the Grundgesetz. The question that arises is how strict the separation of state administration vs federal administration of federal laws is required by the constitution, and whether it always makes sense. To answer this question, the chapter examines the Federal Constitutional Court's jurisprudence concerning the presumption of state responsibility and joint administration (joint execution of federal laws) between federal and state governments. It also considers the states' autonomous execution of federal laws as well as their execution of federal laws on federal commission before concluding with an analysis of the federal administration/execution of federal laws.