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Germany’s 16 states, called Länder, have substantial constitutional powers; the country is not governed entirely from the federal level. The Basic Law gives the Länder state powers and functions unless it assigns them elsewhere. In practice, federalism also depends on who administers a law and how Land governments take part in federal decisions.
How is power divided between Germany’s Federation and its states?
The Basic Law allocates authority between the Bund (the Federation, or national level) and the Länder. Article 30 states: “Except as otherwise provided or permitted by this Basic Law, the exercise of state powers and the discharge of state functions is a matter for the Länder.” For legislation, Article 70 applies that principle by giving the Länder the right to legislate where the Basic Law has not conferred legislative power on the Federation.
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That means the Federation needs a constitutional basis to legislate on a subject; it does not have a general authority to make laws on every policy area. The main categories are exclusive federal powers, concurrent powers, and powers left to the Länder.
Exclusive federal powers
In an exclusive federal field, the Federation has legislative authority. A Land may legislate only if, and to the extent that, federal law expressly authorizes it, as Article 71 provides. The Bundestag identifies foreign affairs, defence, citizenship, currency and customs as examples.
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Concurrent powers
In a concurrent field, Länder may legislate for as long as, and to the extent that, the Federation has not exercised its legislative competence. The Bundestag lists civil law, criminal law, road traffic, association and assembly, and business law as examples. For certain subjects specified in Article 72(2), the Federation may legislate only when federal rules are necessary to establish equivalent living conditions or preserve legal or economic unity.
So calling a subject “concurrent” does not mean both levels can freely make overlapping rules at all times. The applicable constitutional conditions and any federal legislation matter.
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Land powers where the Basic Law has not assigned federal competence
Where the Basic Law has not conferred legislative power on the Federation, legislative authority remains with the Länder. The exact boundary depends on the relevant constitutional provision and, in fields where federal lawmaking is permitted, whether and how the Federation has used that power.
Does federal law always override state law?
Article 31 says: “Federal law shall take precedence over Land law.” This resolves a conflict between applicable federal and Land law; it does not give the Federation power to legislate on every subject. First ask whether the Federation had constitutional competence to enact the federal rule. Only then does the priority rule answer which valid rule prevails in a conflict.
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Who carries out federal laws?
Legislating and administering are different functions. Under the Basic Law’s administrative provisions, Länder execute many federal laws in their own right, subject to constitutional exceptions, federal oversight rules and the terms of the particular statute. A federal rule can therefore be implemented by Land administrations rather than by a single federal agency.
When considering a policy, it helps to distinguish three questions: which level has constitutional authority to legislate, which administration carries out the law, and whether Land governments participate in the federal decision-making process.
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What do the Länder handle in practice?
Education, police, culture and media are commonly associated with Land responsibilities. The OECD’s 2024 discussion identifies these as areas entrusted to the Länder. These labels are useful orientation, not an absolute division for every task: a specific responsibility may depend on the constitutional provision, relevant federal law where permitted, and the function in question.
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For example, “education belongs to the states” is a broad description, not a substitute for checking the legal basis of a particular education policy. The same caution applies when describing police responsibilities.
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How do the Länder influence federal lawmaking?
Land governments are represented in the Bundesrat, which participates in federal decisions. Under the Basic Law, some federal bills require Bundesrat consent. This gives the Länder a role in federal lawmaking as well as authority over areas assigned to them; the extent of that role depends on the constitutional rules for the bill in question.
A practical way to assess who has authority
- Identify the specific function. A broad label such as “education” or “police” may cover several different responsibilities.
- Check the Basic Law’s allocation. Determine whether the subject falls under exclusive federal competence, concurrent competence, or Land authority.
- For a concurrent subject, check federal law. Establish whether the Federation has exercised its power and, for subjects covered by Article 72(2), whether the additional constitutional condition applies.
- Separate rulemaking from implementation. Find out which administration executes the law; many federal laws are carried out by the Länder.
- Check the Bundesrat’s role. Some federal bills require its consent, but that does not mean every bill follows the same procedure.
Where to read the rules
The most direct reference is the Basic Law for the Federal Republic of Germany, especially Articles 30, 31 and 70–72, along with its administrative provisions. The German Bundestag’s explainer on legislative competences provides examples of exclusive and concurrent fields; its indexed publication date is 15 May 2011. The OECD’s 2024 discussion offers context on responsibilities associated with the Länder. For a particular legal question, consult the applicable constitutional text and statute rather than relying only on a broad description of a policy area.
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