Questions and answers
The 21st legislative period began with the first sitting of the Bundestag on 25 March. At the same time, the term of office of the Federal Government officially came to an end – but it remains in office in an acting capacity, referred to as a caretaker government. What exactly does that mean? Here are the most important questions and answers at a glance.
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View of the entrance area of the Chancellery. Eduardo Chillida’s sculpture ‘Berlin’ adorns the so-called place of honour where state guests are received.
Photo: Federal Government/Kugler
The newly elected Bundestag met for the first time on 25 March. This constituent session marked the start of the 21st legislative period – and at same time, the term of office of Federal Chancellor Olaf Scholz and the federal ministers came to an end. From this point on, the government is considered to be acting in what is known as a “caretaker” role.
The 21st Bundestag convened on the 30th day after the federal elections – the latest possible date permitted under Article 39 of the Basic Law.
What is the legal basis for a caretaker government?
Article 69, paragraph 3 of the Basic Law allows the Federal President to request the Federal Chancellor to the government until a successor is elected, and the outgoing Federal Chancellor is obliged to comply with this request. The same applies to the federal ministers, who likewise remain in office at the Federal Chancellor’s request until a new government is formed.
Why does this arrangement exist?
The idea is to prevent a period in which there is no functioning government, thereby ensuring that Germany remains politically operational. This is an important safeguard: after all, political developments in Germany, Europe and the world at large are ongoing.
A caretaker government is still able to make key decisions, helping to avoid uncertainty and instability.
What powers does a caretaker government have?
A caretaker government has the same powers as a “normal” government in office. Its scope of action is not limited to day-to-day business: if necessary it can submit ordinances or draft legislation to the Bundestag for a vote.
However, it is common practice for a caretaker government to avoid making decisions that would place significant constraints on the incoming government or limit its freedom to shape policy. For this reason, caretaker governments tend to refrain from introducing new laws or measures.
For how long will the current government remain in its caretaker role?
The Basic Law does not set a time limit on how long the caretaker government can stay in office. The transitional period ends automatically once a new Federal Chancellor and federal ministers have been appointed.