Germany - Implementation of EU policies

**In Germany, the transposition and  implementation of EU policy follows the ordinary legislative process that also applies to the transposition and implementation of national policies into nation law. Therefore it is necessary to describe this process in order to understand which actors are involved in the EU policy transpostion and implementation process in Germany:**

1. First it is important to define the actual field of the policy (e.g. clean air policy, railway transportation, refugee issues ...). This is necessary as in Germany, according to Art. 70 et seq. of the consitution (*Grundgesetz* or GG, for an English version, see here: https://www.gesetze-im-internet.de/englisch\_gg/englisch\_gg.html#p0325 ) in general the 16 federal states of Germany have all legislative power. Only in certain fields, defined by the constitution (Art. 72, 73 GG), the federal parliament has legislative powers. In other fields (Art. 74 GG) the states have the legislative powers only if the federal parliament has not exercised its power.
2. This may seem as that the federal parliament only plays a very limited role in the legislative process. However, the federal parliament can also claim legislative power when, according to Art. 72 par. 2 GG this is necessary for "the establishment of equivalent living conditions throughout the federal territory or the maintenance of legal or economic unity renders federal regulation necessary in the national interest." This means that essentially for almost any issue, the federal parliament can claim legislative power if it sees a necessity for it.
3. Nevertheless, also in cases in which the federal parliament carries the legislative power, the states' interests are still considered, as a law also must pass the chamber of states, the *Bundesrat*. This chamber consists out of representatives from all state governments and can both initiate a legislative process and also vote and thus veto on legislation issued and voted upon by the federal parliament. This concept seeks to ensure state participation and therefore a broader acceptance of federal legislation. This of course may help to successfully implement policies issued on a federal level.

**I think that understanding this complex legislative process is important to comprehend that in Germany the involvement of regional and local actors in the transposition and implementation depends largely on the field of policy. However, in any case European policy depends on the acceptance of a majority of state legislators in order to be successfully implemented as the 16 German states play an important role in the national legislative process.**

### **Germany’s Permanent Representation to the EU**

The Permanent Representation of the Federal Republic of Germany to the European Union in Brussels plays an important role in the legislative process of the EU. It informs the federal ministries about the upcoming activities of the EU Commission at an early stage and maintain contact between Berlin and Brussels.

The Permanent Representation also has an active part in the decision and legislation processes of the EU and represent the interests of Germany.