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On 2024-11-06, German chancellor Olaf Scholz fired finance minister Christian Lindner, leader of the junior coalition party FDP, thereby ending the majority coalition between SPD, Bündnis 90/Die Grünen, and FDP. He announced asking the Bundestag (federal diet) for a vote of confidence (Vertrauensfrage) in January to prepare for elections in March. Opposition politicians have criticised this as too late, stating this question should be asked immediately to prepare for elections in January.

Couldn't the Bundestag take the initiative for such a vote, or do they need to wait for the chancellor to do so? Considering parliamentary sovereignty (bounded by the constitution / constitutional court), I would expect that a majority of parliament can "send home" a government (or individual ministers) at any time. It seems strange to me that a government that has lost its parliamentary majority could stay in power until the next regularly scheduled elections (despite having difficulties passing legislation as a minority government), as long as they don't ask parliament if they still trust the government.

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    "It seems strange to me that a government that has lost its parliamentary majority could stay in power until the next regularly scheduled elections..." Why is this strange? It would be a minority government. That exists in many countries. Commented Nov 7 at 7:39
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    @gerrit They don’t just have to fire the current government, they have to provide a better one. Even if not by law then in the eyes of the people. Just because a majority is against the current government doesn’t mean there is a majority for a hypothetical next government. Commented Nov 7 at 7:51
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    The newspaper Die Zeit had an article in German that explains the procedure that is going to happen now: zeit.de/politik/deutschland/2024-11/…
    – quarague
    Commented Nov 7 at 7:56
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    @gerrit It’s not an answer to what you asked in the question. Commented Nov 7 at 7:58
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    A note on parliamentary sovereignty: The Bundestag is not sovereign but part of a system of checks and balances which includes many different actors. In that sense, Germany is closer to the US than to the UK.
    – xyldke
    Commented Nov 7 at 15:05

2 Answers 2

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The aim of the German Basic Law is to ensure a viable and stable government. As such, it actively blocks the willfull deselection of the Chancellor, unless he is replaced with a successor, and the willfull dissolution of parliament, unless the viability of the government is demonstratably impaired. Only the Chancellor is given the right to make that call, and he has to prove it via loosing a vote of confidence, and the Federal President has the right to not dissolve it even then.

In a 2005 decision (German text), the Federal Constitutional Court had to decide whether a vote of confidence called by Chancellor Schröder was constitutional.

The decision recounts the historical insights that lead to this design, if you are interested. For this answer, the general remarks on the nature of a "political crisis", and the "escape routes" the constitution offers, may suffice:

The Basic Law seeks to create a viable government by means of Article 63, Article 67 and Article 68. Viability means not only that the Federal Chancellor exercises political will in order to determine the general guidelines of policy, and that he bears responsibility for this (Article 65.1 of the Basic Law), but is also aware of having a majority of Members of the German Bundestag behind him in so doing (1.). The Basic Law contains special provisions in order to keep a minority government viable in a political crisis if necessary. Primarily, however, it offers escape routes aiming to restore stable majorities in the German Bundestag (2.)...

(1.) The constitution aims to create a government anchored in Parliament. The Federal Chancellor is elected by the Bundestag (Article 63 of the Basic Law). In order to effectively implement his mandate to shape policy thereby allotted, he requires the continuous support of the majority of the German Bundestag...

The Federal Chancellor and his Government need in principle a reliable parliamentary majority. Reliable means in this context that the Chancellor may anticipate fundamental, adequate parliamentary support for the political concept he represents...

(2.) If the Federal Chancellor is not (any longer) able to assemble the majority of Members of the Bundestag around himself, his position is categorised by the Basic Law as a political crisis and is covered by special provisions which also involve other constitutional bodies in the responsibility for dealing with it (Article 63.4 sentence 3 and Article 81 of the Basic Law; see also Article 111 of the Basic Law)...

However, these are only security measures. In principle, the Basic Law has available such ways out of a parliamentary crisis aiming to restore the majorities in the German Bundestag . These escape routes are the resignation and re-election of a Chancellor in accordance with Article 63 of the Basic Law, the election of a new, different chancellor by means of a constructive vote of no confidence in accordance with Article 67 of the Basic Law, and the vote of confidence in the Chancellor in accordance with Article 68 of the Basic Law...By its systematic connection with Article 62 and Article 67 of the Basic Law, Article 68 of the Basic Law however does not afford the Federal Chancellor any means to set a re-election date seeming suitable to him in a manner not subject to preconditions, together with a parliamentary majority reliably supporting him (BVerfGE 62, 1 (42-43)).

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    To clarify for other readers: "The basic law" is the translation for "das Grundgesetz", the german constitution (some semantic discussions debate whether it can be called that, but it works as such)
    – Syndic
    Commented Nov 8 at 6:28
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    @Syndic This is the official translation published by the court on its own website.
    – ccprog
    Commented Nov 8 at 12:41
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    To emphasize the core here: (1) Neither the parliament nor the Chancellor nor the President can directly dissolve the parliament and/or initiate new elections. (2) The only procedure to initiate new elections is: The chancellor asks for a vote of confidence in parliament; only when that is denied can the Chancellor ask the President to dissolve the parliament; and the President can or cannot dissolve the parliament and thus initiate new elections. Commented Nov 8 at 16:07
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The tool for this is the "konstruktive Misstrauensvotum" (constructive vote of no confidence). The issue there is that Bundestag would need to elect a new chancellor (that's the "constructive" part). §67 of the Basic Law says that there is no other approach.

I believe, they could just elect someone, who then initiates new elections. But that would generally require an agreement by all opposition parties and sufficient trust. Since CDU/CSU doesn't cooperate with The Left or AFD, they don't have enough votes for this.

Reference (in German):

https://www.bundestag.de/services/glossar/glossar/K/konst_misstrau-245482

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    "they could just elect someone, who then initiates new elections": No. The only way to dissolve the parliament is through §68, by the chancellor asking for a vote of confidence, and loosing it. If your scenario is, first elect a new chancellor, then he immediately asks for a vote of confidence just to puposefully loose it, that is just absurd.
    – ccprog
    Commented Nov 7 at 11:53
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    @ccprog It being absurd doesn't mean it can't happen. There have been highjinx before, like having a vote of no confidence although the government had a clear and stable majority.
    – Roland
    Commented Nov 7 at 12:16
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    Absurdity just means: why elect a new chancellor for the sole purpose of a vote of confidence when the old one has already announced he will pose it himself?
    – ccprog
    Commented Nov 7 at 12:32
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    @ccprog The current controversy is that having it in january is too late. Also, the question is not specific to the current situation.
    – Roland
    Commented Nov 7 at 12:35
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    In this case, note the BerfG in its 2005 decision says: "Die auf Auflösung des Bundestages gerichtete Vertrauensfrage ist nur dann verfassungsgemäß, wenn sie nicht nur den formellen Anforderungen, sondern auch dem Zweck des Art. 68 GG entspricht...Die auf Auflösung gerichtete Vertrauensfrage ist als eine dem Zweck des Art. 68 GG entsprechende Maßnahme gerechtfertigt, wenn sie der Wiederherstellung einer ausreichend parlamentarisch verankerten Bundesregierung dient." It would be interesting to see what it would decide in in such a scenario.
    – ccprog
    Commented Nov 7 at 12:43

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