Markus Söder have to wait a long time. Ten members are allowed to talk in front of him. In the Bundesrat, the principle of Seniority, years of service and age, when it comes to the order. The Bavarian Prime Minister is only since the middle of March in the office. Behind him the mayor of Hamburg, Germany Peter Tschentscher. First, it was said, Söder don’t want to talk at all. But Bavaria’s voice, when it goes into the chamber of the Federal States with the matter in hand, the Federal state, the Federal order? If all of the 16 countries do not call on the mediation Committee, because of the fundamental changes in the law, which the Bundestag connects with the digital Pact for the schools, please?

So talking Söder late, but in detail. But he praises the Speeches of the ten colleagues, he listened to one and a half hours: a Substantial, strong, fundamentally, the discussion had been. There he meets, in fact, the point is that The debate on agenda item 41, “act Amending the basic law”, is a Highlight in the recent history of the Federal Council.

No wonder: The Prime Minister will see by the accessories fitted in the Bundestag in the legislative process the original government draft, will be challenged. “The Federal core is taken,” says Söder. “A poisoned chalice of the worst kind of way” – this comes from Thuringia, the left Prime Minister Bodo Ramelow. Stephan Weil, the social-democratic country, chief, in lower Saxony, speaks of a “blatant interference in the fiscal sovereignty of countries”. The baden-württemberg government’s chief Winfried Kretschmann (Green) is the Slogan: “We will not leave to us the technical supervision of the Federal government.”

Two reasons for failure

fall is two, what countries do and why you are risking the delay of the Digitalpakts for the schools that would bring you in the coming years, EUR 5.5 billion from the Federal budget. The Bundestag wants to, that from 2020 onwards, financial assistance from the Federal government, at least half of the countries are co-financed. This should be in the new article 104b of the basic law.

so Far, agreed in Federal programs, the States ‘ share in the contract. Digital Pact it is ten percent, but it can also be 50 percent. The fixed rule would be to the basic law, that would be a determination on the duration – none of the heads of government can agree to that, because it would bind the legislators on the Budget, so the land day, in a way that is without example. Here the Prime Minister in the conciliation proceedings because 16 trying to keep zero your Position.

The second Annoyance is not so sure. Because the expansion of article 104c, which came about at the instigation of the FDP and the Greens in the Bundestag, because of their voices for a two-thirds majority were required, a rating in the group of Countries with different drama.

Instead of “General “”General government significant” investment in the “municipal educational infrastructure” (= schools) support, as envisaged in the government draft, should be allowed to hang up, the Federal government now grants expressly “to the position of the quality and efficiency of the education system”. And it’s not only investment in infrastructure should be possible, but also for “associated special direct cost of the Länder and municipalities”.

Five countries with Power

What is Not to understand lawyers hardly, means, at least according to a number of countries, a deep engagement in their educational sovereignty. In fact, these supplements are meant to be able to Personal Finance (which is a concern of the Greens in the Bundestag) and the education standards say (behind the liberals). North Rhine-Westphalia, Bavaria, Baden-Württemberg, Hessen and Sachsen want to prevent that. The five countries in the countries of the chamber, a good third of the votes and the blocking minority in the case of amendments to the Constitution. It is backed by 52 million inhabitants, two-thirds of the total population. This is an additional pounds.

The lower axis Because he holds the rephrase of the “104c” less problems, Federal-Länder co – operation- how many social Democrats – for a splendid thing, and the core of federalism. Kretschmann or NRW Minister Armin Laschet, however, to keep it more with a clearer separation of Tasks and do not want, that in the end, the countries are subordinates to the Federal “hierarchical”, such as Söder says. As Federal government due to the amendment of the basic law, extensive rights of control and reporting requirements. But the thing from the point of view of many of the Prime Minister is too bureaucratic.

Bouffier is reminiscent of the beginnings

the senior in the circle of the countries leaders Volker Bouffier. The old fighter from Hesse puts his experience in a speech, which should be a Wake-up call. He fears that the combination of digital Pact and amendment of the basic law, almost all of the Prime Minister not hold, will not result in Public unrest, if it goes fast now. The Federal government wants to use the pressure of time for its targets. “But it is not a question of trifles,” says the CDU-man who ruled in Wiesbaden, with the Green. Here is the “basic structure” of the Constitution should once more be moved towards more Power of the Federal government.

Bouffier quoted in the article 30 of the basic law. A standard from the anterior part of the Constitution that has not yet been butchered by the many Changes of the past few years: “The exercise of governmental powers and the discharge of state functions is a matter for the Länder insofar as this basic law does not otherwise prescribe or permit”. So it has started to change. The constitutional reality is now different.

But over the years, the growing supremacy of the Federal government to be getting stronger all the time? Bouffier calculates that the resources of the Federal government in the digital Pact for his country is ready to correspond to approximately one per cent of the expenditure on education in Hesse. In other countries it is similar. “For a percent, we make a circus?”, Bouffier asks with a view on the constitutional changes involved in the conciliation Committee, the countries of call. He warns all Parties, Federal as countries: “We are in a bad way to do everything wrong.”

A suggestion

so as not to allow a blockade accusation advent, agreed to the Federal Council for the Good-Kita-law of Federal Minister of family Affairs Franziska Giffey, despite significant concerns. The Strange thing is that the daycare program is nothing more than a financial help, without the amendment of the basic law. Why, however, it is not intended to be the digital Pact then?

Daniel Günther, Prime Minister of Schleswig-Holstein and currently the Federal Council, the President, therefore, proposes a way out of the constitutional conflict is the separation of the procedure for the digital Pact and the fundamental changes in the law:. A number of colleagues to vote. Then you can have the one that is the much-discussed school program, very quickly, because it is already negotiated. And the other, the amendment of the Constitution, you can discuss it in peace – because the Bundestag and the Bundesrat must anyway clarify how you want your relationship actually.

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Söder is of the opinion that the basic law will now “changed too often and too fast”. Bouffier and Kretschmann, also he fights a Veteran of the Federal, can remember at least, by the Federal government desired additions to the year 2018 are in principle nothing other than the deletions in the constitutional reform of 2006.