The Bavarian State Parliament and the Maximilianeum

The
Bavarian
State Parliament
and the
Maximilianeum
An overview of the
working method, bodies,
history and architecture
1
Contents
2
2
The Bavarian State Parliament
Its participants and bodies
12
The duties of the State Parliament
Five important functions of the parliament
20
Bavaria in the Federal Republic of Germany
Powers and finances
26
The Free State of Bavaria in the European Union
Securing diversity and prosperity in peaceful cooperation
30
The history of the Bavarian Parliament
From its origins to today
36
The Maximilianeum building
Elaborate seat of the Bavarian State Parliament
48
The Maximilianeum Foundation
Proprietor of the building
52
More information on the Bavarian State Parliament
A service for all interested parties
56
Imprint
Dear reader,
Bavaria is known and loved throughout the world.
Religious and cultural traditions, the diversity and beauty
of its landscapes, but no doubt also a cliché or two have
contributed and do contribute to this. Bavaria’s political
self-assuredness, which has grown since the Middle Ages,
is a reason for its special role within Germany.
This brochure invites you to give consideration to
the political Bavaria of today. It presents to you the
Parliament of the Free State, the Bavarian State
Parliament, one of the oldest parliaments in Europe,
whose origins stretch back to the 14th century.
You can expect insight into the history of the
Parliament and the architecture of its unique seat,
the Maximilianeum. And last but not least, you
can find out interesting information about the academic
foundation of the same name, which is the proprietor
of the building to this day.
We are pleased that you are interested in these topics!
1
The Bavarian State Parliament
Members of Parliament
Its participants and bodies
In the 17th electoral term (2013 – 2018), the State Parliament consists
of 180 parliamentarians of the Bavarian people. The members of
Parliament represent the people, not just a party or a group of voters.
Their responsibility is towards only their conscience and they are not
bound by assignments. The members of the Bavarian State Parliament
are elected in general, equal, direct and secret election by secret ballot
according to an improved proportional representation (PR) system by
citizens eligible to vote in constituencies and sub-constituencies. The
electoral term lasts five years.
2
3
President of the State Parliament
The President manages the business of the State Parliament and represents the State in all acts under the law and legal disputes of the State
Parliament. He or she exercises the householder’s rights and police
powers in the State Parliament building. The President conducts the
meetings of the plenary session of the State Parliament and exercises
supervision over the staff of the Office of the Bavarian State Parliament and the State Commissioner for Data Protection.
Vice Presidents of the State Parliament
The Vice Presidents support the President in discharging his/her
office.
The President of the
Bavarian State Parliament
with the Vice Presidents
(from left to right): Inge
Aures (SPD), Peter Meyer
(FREE VOTERS), Ulrike
Gote (ALLIANCE 90/THE
GREENS), Barbara Stamm
(CSU), Reinhold Bocklet
(CSU)
4
Barbara Stamm (CSU)
from Würzburg has been
President of the Bavarian
State Parliament since 2008.
5
The members of the
Presidium are (from left to
right): Reserl Sem (CSU),
Secretary; Hans Herold
(CSU), Secretary; Peter
Meyer (FREE VOTERS),
III. Vice President; Ulrike
Gote (ALLIANCE 90/THE
GREENS), IV. Vice President;
Barbara Stamm (CSU),
President of the Bavarian
State Parliament;
Reinhold Bocklet (CSU),
I. Vice President; Inge Aures
(SPD), II. Vice President;
Sylvia Stierstorfer (CSU),
Secretary; Angelika Schorer
(CSU), Secretary; Prof
Peter Paul Gantzer (SPD),
Secretary.
The members of the Council
of Elders (from left to right):
Top: Barbara Stamm (CSU),
President of the Bavarian
State Parliament; Reinhold
Bocklet (CSU), I. Vice
President; Inge Aures (SPD),
II. Vice President;
Peter Meyer (FREE VOTERS),
III. Vice President;
Ulrike Gote (ALLIANCE 90/
THE GREENS), IV. Vice
President
Centre: Thomas Gehring
(ALLIANCE 90/THE
GREENS); Dr Thomas
Goppel (CSU);
Petra Guttenberger (CSU);
Volkmar Halbleib (SPD);
Bernd Kränzle (CSU)
Bottom: Thomas Kreuzer
(CSU); Ludwig Freiherr von
Lerchenfeld (CSU); Helga
Schmitt-Bussinger (SPD);
Florian Streibl (FREE
VOTERS); Josef Zellmeier
(CSU)
Two important bodies: Presidium and Council of Elders
The Presidium consists of the President, the four Vice Presidents and
the Secretaries.
The latter are members of Parliament, not stenographers. They assist
the respective meeting conductor in the plenary session.
The Presidium is an advisory, supervisory and decision-making
body in administrative matters of the State Parliament. In particular, it prepares the budget plan of the State Parliament, decides on
construction measures and room allocation in the State Parliament
building and deals with personnel matters pertaining to the staff of
the Office of the Bavarian State Parliament.
The Council of Elders is an advisory and coordinating body in parliamentary matters. In particular, it resolves the meeting plan and sets
the time and agenda of the plenary sittings. The designation "Council
of Elders" has nothing to do with age.
6
7
Plenary session (plenary)
A newly elected State Parliament is constituted in its first meeting, in
which it elects the President and the Presidium.
The plenary session takes place in the plenary chamber. This is the
forum of the major debates. Here, bills as well as motions introduced
by the members of Parliament are conclusively discussed and decided
on. So when decisions of the State Parliament are spoken of in the
media, the decisions of the plenary session are always meant.
In addition, the State Parliament discusses important, current topics in Topical Debates, in Major Interpellations to the state government, in urgency motions directly introduced to the plenary sitting
and within the framework of government declarations.
As a rule, the plenary session meets on a public basis. The shorthand writers’ service of the Office of the Bavarian State Parliament writes verbatim meeting reports that are published as official
State Parliament minutes and can also be viewed on the internet at
www.bayern.landtag.de.
8
9
Parliamentary groups
Parliamentary groups are unions in the Bavarian State Parliament
with their own rights and obligations, which members of the Bavarian
State Parliament come together to form. The main task of the parliamentary groups is to form political will. They prepare comments, develop items for discussion and set out the stance of the parliamentary
group in the committees as well as in plenaries.
In the 17th Bavarian State Parliament (2013 – 2018), four parliamentary groups are represented: the Christian Social Union (CSU),
the Social Democratic Party of Germany (SPD), the FREE VOTERS
parliamentary group and the AllIAnCE 90/THE GREEnS parliamentary group. The government is formed by the CSU, which holds
an absolute majority. The SPD, FREE VOTERS and AllIAnCE 90/
THE GREEnS form the opposition.
Result of the State Parliament election on
15 September 2013 in Bavaria
CSU
SPD
FREE VOTERS
ALLIANCE 90/THE GREENS
FDP
Other
47.7%
20.6%
9.0%
8.6%
3.3% *
10.8% *
Distribution of seats 17th electoral term
CSU
101 seats
SPD
42 seats
FREE VOTERS
19 seats
ALLIANCE 90/THE GREENS 18 seats
* Parties not represented in the State
these matters (Art. 5 par. 1 Bavarian Petition Act, BayPetG). As a
rule, the meetings of the committees take place on a public basis. The
State Parliament specifies the number of members of a committee.
The make-up of the committees is determined by the strength of the
parliamentary groups. They are responsible for the appointment and
dismissal of their members. On request (motion) of a fifth of its members, the State Parliament is obliged to form committees of inquiry.
Other bodies
The State Parliament can set up study commissions to prepare decisions on extensive and significant matters pertaining to the Free State
of Bavaria and additional commissions for other tasks, such as the
study commission "Equal living conditions throughout Bavaria" and
the Children’s Commission in the 17th electoral term of the Bavarian
State Parliament.
To monitor the activity of the Bavarian Office for the Protection of
the Constitution, a Parliamentary Control Panel is also established.
The parliamentary
group chairpersons
of the 17th electoral
term: Hubert Aiwanger
(FREE VOTERS); Thomas
Kreuzer (CSU); Ludwig
Hartmann and Margarete
Bause (ALLIANCE 90/
THE GREENS); Markus
Rinderspacher (SPD)
Parliament because they received fewer
than 5% of the votes
Committees
Permanent committees are set up for the duration of the electoral
term that are responsible for specific domains (e. g. "State Budget
and Financial Matters", "Constitution, legal and Parliamentary
Affairs", "local Matters, Internal Security and Sport", "Business and
the Media, Infrastructure, Construction and Transport, Energy and
Technology" or "Environment and Consumer Protection"). The total
of thirteen committees have the task of preparing the negotiations
and decisions of the plenary session. Moreover, they discuss citizen
petitions and complaints and in general they decide conclusively on
10
Meeting of the Budget
Committee
11
The duties of the State Parliament
1. Formation of government
Five important functions of the Parliament
The Minister-President is elected within one week after the first meeting of the State Parliament at the latest (Art. 44 par. 1 Bavarian Constitution, BV). The election takes place with a simple majority of the
votes submitted. The members of the state government are appointed
and dismissed by the Minister-President. For this, as well as for the
number and demarcation of the competences of the ministries, he/she
requires the approval of the State Parliament.
The state government consists of the Minister-President and up to
17 ministers of state and state secretaries (Art. 43 par. 2 BV).
Swearing-in ceremony
of Minister-President
Horst Seehofer by
Barbara Stamm, President
of the State Parliament
Swearing-in ceremony of
the members of the cabinet
by Minister-President
Horst Seehofer
12
13
2. Legislation
Bills can be introduced from within the State Parliament (by individual members of Parliament or by parliamentary groups), by the
state government and by the people (in the form of popular petitions).
laws are resolved by the State Parliament, except in the case of
referendums. Here, it is bound by the Bavarian Constitution and the
Basic law for the Federal Republic of Germany. These set limits to the
legislation of the Bavarian State Parliament (see also p. 22 et seqq.).
Second Reading
In the Second Reading, a general debate normally takes place. An
individual consultation or an individual vote on individual provisions
of the bill takes place only if this is demanded by a member of the
State Parliament or a parliamentary group. Amendments can be made
until the conclusion of the Second Reading (or the Third Reading).
Third Reading
This takes place only upon special request. The basis for the Third
Reading are the decisions of the Second Reading.
Final vote
A law is resolved if it receives the majority of the votes cast (abstentions are not counted). laws that change the constitution require a
two-thirds majority as well as a referendum. A quorum requires the
majority of the members of the State Parliament. The presence of a
quorum is assumed as long as it is not doubted by a member of the
State Parliament.
The parliamentary route of legislation
Legislative initiative
Bills are introduced by the Minister-President in the name of the state
government or from within the State Parliament (Art. 71 BV). All
bills are submitted to the President of the Bavarian State Parliament
and are then placed on the agenda of the plenary session.
Signing, declaration and commencement
The laws that have come into existence in a constitutional manner are
signed by the Minister-President and are published in the Bavarian
law and Ordinance Gazette at the time of their entry into effect.
First Reading
In the First Reading in the plenary session, only the fundamental elements of a bill are discussed. Here, amendments cannot be made. If
the bill is not rejected, the plenary session assigns it to the committee
responsible to handle the matter further.
The committees
First, the bills are discussed in the committee responsible. Subsequently, other committees can give them attention (their opinion
is asked for). In the Committee on Constitution, legal and Parliamentary Affairs, the lawfulness of the bills is reviewed (so-called
final consultation). Once the committee deliberations have concluded, a recommendation for a resolution is produced with a report, in which the course of deliberations and results of votes in the
committee responsible and in the committees asked for their opinion
is reported on.
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15
3. The Parliament’s major legislative right:
the budgetary right
The budget law occupies an elevated position among the laws on
which the Bavarian State Parliament deliberates and decides. It
creates the financial basis for the work of the state government and the
administration for the duration of two years (biennial budget). The
Bavarian Constitution rules out a referendum on the state budget.
This too shows the special significance of the budgetary right for the
Bavarian Parliament.
Three quarters of the income of the Free State comes from taxes
and sources similar to taxes (see chart on the following page), which
in Germany are shared by the federal state, the states and the municipalities according to a complicated process. Besides these, sources
such as administrative fees or regular allocations (such as from the
EU) play only a subordinate role for state income. Avoiding new debt
is repeatedly a major financial-policy challenge in the budget deliberations. Bavaria achieved this objective for the first time in 2006.
new debt has been avoided each year since. In addition, the state has
successfully begun to repay past debt.
Income of the Free State of Bavaria
in budget year 2014
total
1
4
2
3
3
2
4
5
1
Segmentation according to income type
Taxes and parafiscal charges
a) Taxes
b) Parafiscal charges
total
Administrative income, income from
debt service and the like
Income for current purposes
(esp. from the federal government)
Income for investments,
especially financing
income (excluding borrowings
on the loan market)
Borrowings on the loan market, net
(= debt repayment)
Expenditure of the Free State of Bavaria
in budget year 2014
total
1
2
6
7
3
4
5
5
1
6
4
3
16
2
7
€m
50,474.1
38,415.0
51.7
38,466.7
3,448.9
5,823.0
3,275.5
− 540.0
€m
50,474.1
Segmentation according to areas of responsibility
HR expenses
a) Education
11,460.2
b) Police and legal protection
3,099.6
total
20,273.0
Expenditure on goods and services
made by administration
2,946.9
Debt service expenses
971.3
Expenses for current purposes
19,899.8
Construction measures
a) State-supported building
802.4
b) State-supported road and bridge-building
310.3
total
1,376.2
Other expenditure for investments
a) Own investments
395.5
b) Measures to promote investment
4,285.0
4,680.5
total
Special financing expenditure
(including spending freezes)
326.4
17
4. Supervisory function
5. Other elective functions and cooperation
in other bodies
A key task of the Bavarian State Parliament is to supervise the state
government and the administration subject to it. For this purpose,
in accordance with Art. 24 BV the Bavarian State Parliament and its
committees can demand the appearance of the Minister-President and
any member of the state government. On the other hand, the members of the state government and the commissioners appointed by it
have access to all meetings of the State Parliament and its committees.
They must be listened to during the consultation at any time, even if
the agenda does not plan for this. So that it can fulfil its supervisory
function effectively, the members of the State Parliament are entitled
to a comprehensive right to ask questions and to information towards
the state government. A further task of the State Parliament is the
discharge of the state government with regard to the budget execution
of the year expired regulated in Art. 80 BV.
The right of petition is also part of the supervisory function. Anyone can direct requests and complaints to the State Parliament. The
petitions give the Parliament an overview of current problems, especially of hardships and cases of doubt that exist with regard to law
enforcement.
The members of the Bavarian Constitutional Court are elected by the
State Parliament. The State Parliament elects the President of the Bavarian High Court of Auditors and the State Commissioner for Data
Protection upon the proposal of the state government. Due to special
legal regulations, members of the Bavarian State Parliament form part
of bodies including the Broadcasting Council, the Media Council,
the State Monument Council, the State Sport Advisory Council, the
State Health Council, the Advisory Council for Information and
Communication Technology, the Foundation Council of the "Bayerische landesstiftung" [Bavarian State Foundation] and the advisory
boards of the individual penal institutions.
Each citizen can now also
submit a petition online on
the website of the Bavarian
State Parliament.
11,311
14,082
14,466
15,788
16,065
15,424
14,301
Number of petitions in the
recent electoral terms
18,000
16,000
Meeting of the Committee
on Petitions and Complaints
("Petitions Committee")
14,000
12,000
10,000
8,000
6,000
4,000
2,000
0
18
10
11
12
13
14
15
16
electoral term
19
Bavaria in the
Federal Republic of Germany
Powers and finances
A political system run according to federal principles fulfils the requirements of regional diversity and caters to the efforts of the states
and regions towards the greatest possible scope for shaping their own
politics. The German federal system has proved its effectiveness. It
was the basis for the successful establishment of our political system
after 1945 and it also promotes the development of the Federal Republic of Germany within the framework of the European Union.
SchleswigHolstein
Hamburg
Mecklenburg-Western
Pomerania
Bremen
Brandenburg
Lower Saxony
Berlin
Saxony-Anhalt
North RhineWestphalia
Saxony
Hesse
Thuringia
RhinelandPalatinate
Saarland
Bavaria
BadenWürttemberg
20
21
Distribution of legislative powers between the federal state
and the Länder (federal states)
After the Second World War, the federal states formed first. These
have state character. The states approved the Basic law (Germany's
federal constitution), giving rise to the formation of the Federal
Republic of Germany. The federal constitution divides the legislative powers between the federal state and the länder (Art. 70 – 74
Basic law, German: Grundgesetz – GG). In 2006, the so-called
"Federalism Reform I" made these powers more transparent, among
other impacts, and made the legislation more efficient overall.
As a matter of principle, the länder have exclusive right of legislation if the Basic law does not allocate legislative power to the federal
state, i.e. in all the areas not mentioned in the Basic law. However,
in the past the state parliaments’ scope for legislative influence was
reduced further, partly due to the extensive practice of federal legislation and partly due to the directives and ordinances issued by the
European Union. However, the core powers of the federal states
remained unaffected.
The following powers apply:
Exclusive legislative power of the Federation (Art. 71 and 73 GG)
The Basic law established areas in which only the federal state may
become active, e.g.
•
•
•
•
•
•
•
•
•
22
Foreignaffairs
Defence,civilprotection
Citizenship
Passports,registrationandidentification
Currencyandmoney
Customsandforeigntrade
Federalrailwaysandairtraffic
Postalsystemandtelecommunications
Generationanduseofnuclearenergy
Concurrent legislative powers (Art. 72 and 74 GG)
The länder have legislative authority (only) if and as long as the federal state does not become active. Here, a distinction is to be made
between laws with and laws without the so-called "necessity clause".
The necessity clause is an additional requirement for the federal legislator becoming active. In the areas mentioned in Art. 72 par. 2 GG,
the federal legislator may become active only if and as long as a federal
law is required for the creation of equal living conditions in the federal territory or on the preservation of legal or economic unity in the
interests of the state as a whole. Concurrent legislative powers include,
for example,
without necessity clause
• Civillaw
• Criminallaw
• Registrationofbirths,
marriagesanddeaths
• Lawofassociations
• Labourlaw
with necessity clause
• Rightofresidence
forforeigncitizens
• Commerciallaw
• Roadtraffic
• Foodlaw
Alternative legislation (Art. 72 par. 3 GG)
In the framework of concurrent legislation, länder can become legislatively active themselves in certain areas if the federal state has already issued laws in these areas, e.g.
• hunting
• incertainareasofnatureprotectionandwaterlaw
• universityadmissionanddegrees
23
Exclusive legislative power of the federal states
In the areas not mentioned in Art. 70 – 74 GG, the Free State of
Bavaria has sole legislative power, e.g.
•
•
•
•
•
•
•
•
•
Distribution of funds between
the federal state and the Länder
A key requirement for the functioning of the federal system is that
the funds be divided appropriately between the federal state and the
länder. Both levels have their own sources of taxes. For example, the
federal state is entitled to important excise duties, in particular energy tax (previously mineral oil tax), insurance tax, tobacco tax and
recently also motor vehicle tax. The länder and their municipalities
receive, in particular, the revenue from property acquisition tax, inheritance tax and trade tax. On the other hand, the major taxes on
income (wage and income tax, corporation tax) and valued added tax,
which constitute combined federal and länder taxes, represent the
lion’s share of tax revenue. They are received – with legally stipulated
proportions in each case – by the federal state, the länder and their
municipalities.
A system of federal state financial balance is to ensure balanced
distribution of finances between the federal state and the länder.
This financial balance extends from the distribution of the share of
the länder in value added tax to the Financial Equalisation Scheme
between the German länder (see chart) to additional federal state
allocations to weakly performing länder.
culture
schoolingandeducation
municipalities
police
rightofassembly
servicelaw(withtheexceptionofstatusrightsandduties)
lawonsocialcarehomes
restaurantlaw
press,broadcastingandnewmedia
On 1 August 2009, the so-called "Federalism Reform II" entered into
effect. The most important agreements were a general new debt prohibition for the länder, a debt threshold for the federal state and an
early warning system in order to detect the drifting off of the public
budgets into a crisis situation at an early stage.
Financial Equalisation Scheme between the
German Länder 2013 (in € m)
Donor states
Recipient states
Bavaria
Baden-Württemberg
Hesse
− 4,319.9
− 2,428.6
− 1,710.5
87.1
Lower Saxony
137.9
Saarland
169.1
Schleswig-Holstein
242.9
Mecklenburg-Western
Pomerania
521.4
Brandenburg
547.0
Thuringia
562.9
Saxony-Anhalt
588.6
Bremen
692.6
North Rhine-Westphalia
1,001.6
24
3,337.5
Rhineland-Palatinate
464.2
8,459
Source: Bayerisches Staatsministerium der Finanzen,
für Landesentwicklung und Heimat [Bavarian State
Ministry of Finance, State Development and Regional
Affairs]
Hamburg
106.1
Saxony
Berlin
25
The Free State of Bavaria
in the European Union
Securing diversity and prosperity in peaceful cooperation
26
Subsidiarity and independence of the regions
as the fundamental concern of Bavarian Europe policy
The Free State of Bavaria is expressly committed to a united Europe.
With the Constitutional Reform Act of 20 February 1998, decided by
referendum, this state objective obtained constitutional status
in article 3a of the Bavarian Constitution.
From the beginning, peaceful cooperation between the European
states after two devastating world wars, cooperation in economic and
political areas, joint actions with respect to problems that could be
tackled only together and a strong, mutually supportive community
were the motive and guiding principle for the European unification
process. Global challenges of the 21st century such as climate change,
terrorism and financial crisis show that we need the community of
European states more than ever. located in the centre of the EU, Bavaria benefits from European unification to a particular degree. The
EU guarantees Bavaria and Germany peace, freedom and prosperity,
now and in the future. Therefore, Bavaria gives its firm support to
internal EU integration.
However, Bavaria opposes a "unitary European state" and insists
on the strict application of the subsidiarity principle. According to
this principle, the European Union may intervene and/or take legislative action only in such areas that cannot be regulated sufficiently at
local, regional or national level. Hence, standardisation and harmonisation may exist only where they are essential. The differences between the EU member states and regions as well as their independence
must be preserved at all costs. Only they guarantee the linguistic,
cultural, economic and political diversity in unity that makes Europe
strong and attractive.
27
Collaboration of the Bavarian State Parliament in Europe
The consequence of the increasing significance of European policy for the
federal states and the extension of EU regulations and provisions to many
areas of national law is that the Bavarian State Parliament too needs to
give increasing attention to plans of the European Union. For this purpose, an "information committee on federal affairs and European issues"
was set up by decision of the State Parliament as early as 1978. Today,
the "Committee on Federal and European Affairs and Interregional Relations" is one of the 13 permanent specialised committees of the State
Parliament. The areas of responsibility of the body – which currently consists of 18 members of Parliament – include all fundamental topics and
issues related to the European Union, e.g. changes to its contractual foundations, the expansion and financing of the EU, public services, crossborder and regional cooperation, etc. In the event of new EU plans, the
committee examines to what extent they are relevant to Bavaria and, if
appropriate, arranges for consultation on them in the State Parliament. In
particular, the committee examines all new EU legislation proposals as to
whether they comply with the subsidiarity principle and, if appropriate,
it urges the state government to assert concerns regarding subsidiarity in
the Bundesrat. In this way, citizen closeness to the EU is also promoted.
Since 1 January 2014, the State Parliament has had the opportunity in EU matters and according to the Bavarian Constitution – to bind the
state government by law in its constitutional duties if its right of legislation is affected by the transfer of sovereign rights to the EU. If the right
of legislation is affected by an EU plan, the state government must give
significant consideration to any stance of the State Parliament. Further
details on the state government’s involvement of the Bavarian State Parliament is regulated by the Parliament Involvement Act.
Since 2010, the Bavarian State Parliament has also maintained its own
State Parliament Office in Brussels. This office informs the Bavarian State
Parliament directly regarding the happenings in the European Union so
that it can make effective use of its opportunities to voice its opinions.
can take legal action against EU legal instruments that infringe upon
the subsidiarity principle. The Free State of Bavaria is represented in the
Committee of the Regions by the State Minister for European Affairs
and Regional Relations. Her deputy is a member of the Bavarian State
Parliament. Incidentally, the institution of the committee in 1994 was the
result of a Bavarian initiative.
The Bavarian members of the European Parliament
The 12 members of the European Parliament from Bavaria who were elected into the parliament in the 2014 European elections also act as representatives of Bavarian interests. At present, the CSU has five MEPs, the
SPD three, while AllIAnCE 90/THE GREEnS, the FREE VOTERS,
DIE lInKE and the ÖDP each have one.
More information at www.europarl.de
Meeting of the Committee
on Federal and European
Affairs and Interregional
Relations
Committee of the Regions (CoR)
An important EU body for introducing Bavarian interests to the European level is the Committee of the Regions (CoR). This advisory body,
which currently has 353 members (thereof 24 from Germany and thereof,
in turn, one from Bavaria) lends a voice to the particular concerns of the
regions (i.e. for example the German federal states) and municipalities
in the EU. It adopts a stance on EU plans with regional and municipal
significance and is given a hearing by the Council of Ministers, the Commission and the European Parliament. The Committee of the Regions
28
29
At the beginning of
the 16th century, the
duchies of Upper and
lower Bavaria were
reunited. In the "Declared State Freedom"
of 11 September 1508,
all rights of the Estates
granted in the subduchies until that point
were established for the
entire duchy. This document ("Declared State
Freedom") formed
the basis for Bavaria’s
Estate constitution for
300 years.
15
0
13
0
30
0
1508
"The Ottonian Handfast" of 15 June marked
the beginning of
Bavaria’s parliamentary history. Otto III,
Duke of lower Bavaria/
landshut, of the House
of Wittelsbach, urgently
required money. For
this, the lower Bavarian nobility approved a
new tax; however, at the
same time, it had its own
rights (e.g. summary
jurisdiction) confirmed. This document
became the basis for the
freedoms of the three
"landstände" (Estates)
of nobility, clergy and
cities. These Estates were
also called "landschaft"
(territorial assembly of
estates).
0
1311
0
From its origins to today
The Bavarian State Parliament is one of Germany’s oldest parliaments.
It is one of the most important contributors to the development of
European parliamentarianism. Its origins stretch back to the beginning of the 14th century. The first steps towards its creation took place
in lower Bavaria.
14
0
The history of the Bavarian
Parliament
31
Opening of the first
assembly of the estates
of the Kingdom of Bavaria
on 4 February 1819
Departure of King
Maximilian II from the
State Parliament building
in Prannerstraße after the
opening of the State Parliament on 22 March 1848
1669
1808
1818
1848
1881
1907
The time of princely
absolutism forced the
power of the Estates
back again. However,
this process had already
been introduced during
the long rule of Elector
Maximilian I (1573
to 1651).
When Bavaria was
near to entering state
bankruptcy during the
napoleonic Wars, only
a modern constitution
with a parliament now
seemed to guarantee the
unity of the state and
orderly finances. Hence
on 1 May, King Max I
Joseph issued a constitution that granted certain
basic civil rights. The
old "landschaft" was
dissolved. The planned
national representation
remained undone.
King Max I Joseph now
saw himself forced to
issued a new constitution. Based on the English
model, it stipulated an
assembly of the estates
with two chambers. The
1st chamber – that of the
"Reichsräte" (Imperial
Councils) – consisted of
members by virtue of birth, wealth, office or royal
appointment. The 2nd
chamber consisted of –
partly indirectly – elected
parliamentarians from
the nobility, the clergy,
the bourgeoisie and the
farming community.
A new election law led
to the introduction of
constituencies and the
disappearance of the
voter class division.
District clauses were
also cancelled. Every
taxpaying, male citizen
of 25 years of age or
older received the right
to vote.
Secret election by secret
ballot of the members of
the State Parliament was
introduced.
For the first time, the
complete Chamber of
Deputies was directly
elected. Only males of
25 years of age or older
had the right to vote.
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1849
The Bavarian Parliament
officially received the
name "landtag". From
1819 to 1934, the seat of
the State Parliament was
the building at Prannerstraße 20 (near Promenadeplatz) in Munich.
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On 4 February, the King
opened the first assembly
of the estates. The meeting
periods were called "landtag" [state parliament].
The main task of the
assembly of the estates was
to organise the state finances and to set the budget.
The end of the First
World War also brought
the end of the constitutional monarchy.
In the revolutionary
night between 7 and 8
november, Bavaria was
declared a republic. King
ludwig III fled. Kurt
Eisner, the leader of the
USPD (Independent
Social Democratic Party
of Germany), became
the first Minister-President of the new republic
(Free State).
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0
1819
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0
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0
0
In 1669, the Old Bavarian "state parliament"
met for the last time.
After that, it was never
convened again. Only a
"permanent committee"
continued to conduct
the business that the
Parliament had done
– until the beginning
of the 19th century.
nominally, the rights
and freedoms of the
Estates remained intact.
1918
33
The Constitution of the
Free State of Bavaria; publication in Bavarian Law and
Ordinance Gazette no. 23
of 8 December 1946
Meeting of the Constitutional State Assembly in the
assembly hall of Munich
University in 1946
1933
1946
On 12 January, the
Bavarian people elected
a State Parliament that
was a pillar of popular
sovereignty in the complete sense for the first
time. Women now also
had the right to vote.
When unrest broke out
in Munich following the
murder of Kurt Eisner,
the State Parliament and
the government withdrew to Bamberg. There,
a new Bavarian Constitution entered into
force. It provided for
only one chamber – the
State Parliament.
On 28 and 29 April,
the Bavarian State Parliament came together
for the last time. The
national Socialists had
already assumed power
in Berlin.
After the Second World
War, democratic parties
were allowed again by
the American military
government. On 26
February, an "Advisory
State Committee" met
in the assembly hall of
Munich University as
a pre-parliament. At
that time, Dr Wilhelm
Hoegner had been
installed as MinisterPresident by the military
government. Then, on
30 June, a Constitutional State Assembly was
elected for the first time
in Bavaria’s history. It
was made up of members of the CSU, SPD,
FDP and KPD parties.
With the creation of
the Bavarian Senate,
the Bavarian tradition
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An "imperial law" of
30 January abolished all
state parliaments.
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In January, the Bavarian
State Parliament and the
Bavarian Senate moved
into the renovated Maximilianeum. Since then,
"Maximilianeum" and
"Bavarian Parliament"
have become synonyms.
Celebration of the 60th
anniversary of the Bavarian
Constitution
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4
1934
1949
of the two-chamber
system was taken up
again. On 1 December,
the people approved
the new constitution
and elected a new State
Parliament at the same
time. Since the old State
Parliament building on
Prannerstraße had been
completely destroyed,
the newly elected Parliament initially met at
Munich University, at
the Brunnenhof Theatre
of the Munich Residenz
and in the Sophiensaal
hall of the Regional Tax
Office.
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1919
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The Maximilianeum building
Planning and construction history
Elaborate seat of the Bavarian State Parliament
In 1839, in his list of projects he wanted to carry out after his elevation to the throne (1848), Crown Prince Maximilian included an
expansion of the city towards the east by means of a new road. This
plan took on more concrete forms in 1851 when architect Friedrich
Bürklein presented King Max II’s plans "concerning the beautification of Munich". These plans defined this link between Munich’s
Old Town and Haidhausen as a succession of road, "forum", bridges
and "acropolis" for the first time. In 1853, construction began on the
approximately 1,200 metre long "neue Straße", which was officially
called "Maximilianstraße" from 1858. In 1858, city councillor for
building and construction Arnold Zenetti put bridges across the Isar
and Prater Island. In order to give Munich’s new boulevard a harmonious appearance, Max II mandated architects to design model
façades. Here, they were to adhere to a new style prescribed by the
king, the so-called Maximilian style: based on the English neoGothic style, modern construction technology was to be used to unite
the best from all historical art periods.
Planning of the Maximilianeum took place parallel to that of
Maximilianstraße. In 1850, Max II decided to set up an international
architectural competition "concerning the creation of a construction plan for a higher education and teaching institute". Friedrich
Bürklein (1813–1872) was commissioned, he having shown with the
city beauti fication plan how well he was able to cater to the king’s
ideas. On 5 October 1857, Max II laid the foundation stone. In February 1864, shortly before his surprising death, the king decreed a
change of plan due to growing criticism, even though the middle section of the west structure had already grown above the first floor.
The planned pointed arches had to make way for neo-Renaissance
arches (see image p. 39), while the pilaster strips had to make way for
an order of columns. The planning and construction history of the
Maximilianeum thus marks both the beginning and the end of the
Maximilian style. In 1874, construction was finally complete.
Until 1918, the Maximilianeum housed the royal paedagogium,
in addition to the academic foundation (see p. 48 et seqq.) and a historic gallery. Until shortly before the end of the Second World War,
the Munich art exhibition was shown in the gallery rooms, while in
the arcades "Munich’s highest café" invited guests to enjoy a splen-
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did panorama. However, parts of the building were then destroyed
in air attacks. So it was a piece of good fortune that the Bavarian
State Parlia ment made the Maximilianeum its seat in 1949, although
corresponding changes had to be made in the gallery rooms.
In 1958/59 and 1964/65, the so-called north and south new buildings with office rooms and meeting halls were added on the east
side to relieve the Parliament’s need for space. These north and south
buildings were expanded until October 1994. In 1993, the underground car park was commissioned and in 1998 the building providing access from the underground car park into the old building was
commissioned. In the process, the historic foundation stone of the
Maximilianeum was found. The contents of the foundation stone –
gold coins, portraits of the royal founder couple and the model of a
locomotive – are on display in the Stone Hall of the Maximilianeum.
In 2004/05, the plenary chamber was completely redesigned, while at
the same time a "Room of Silence" was installed.
The problem of limited space intensified with the State Parliament
elections in 2008, when five parliamentary groups moved into the
State Parliament for the first time. For this reason, the Maximilianeum was increased in size with the northern extension in 2012. It
is based on the passive house standard, thus fulfilling the expectations of a modern office building in exemplary fashion, especially with
respect to energy efficiency. With its façade made of terra-cotta and
glass, the building inserts itself precisely into the existing ensemble.
However, due to its cubic structure it simultaneously lays claim to its
architectural independence.
The arcades offer some of
the most beautiful views of
Munich.
Pen and ink drawing of the
Maximilianeum by Friedrich
Bürklein, here still with the
originally planned pointed
arches
Friedrich Bürklein had initially made his name as a train
station architect.
Finding of the foundation
stone: the model of the type
range Patentee, the oldest
locomotive model still existing in Germany
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The exterior and its works of art
The broad structure, made accessible in effective fashion by a wide entrance, lifts up dominantly like a gloriette above the east bank of the
Isar. The flat-covered front, which settles on a high base, is composed
of a slightly concave middle section and two straight lateral wings.
The equal series of round arches of the two floors are each bordered by
a three-storey, open tower at the side.
The works of art on the western façade, which can be seen from a
long distance, proclaim the programme of the original "higher education and teaching institute". For instance the mosaics on the median
risalit (see image below p. 41) show the foundation of Ettal Abbey
by Emperor ludwig IV as an example of the religiosity and charity
of the Bavarian dynasty, flanked by the opening of the university in
Ingolstadt and the victory of the poet Wolfram von Eschenbach in the
"Sängerkrieg" (minstrel contest) at the Wartburg castle as examples of
the science and art flourishing in Bavaria. The mosaics of the northern
risalit highlight the House of Wittelsbach’s Treaty of Pavia as an
exemplary statesmanlike achievement. The science tools depicted at
the side refer to the fresco cycle of the hall found below.
On the southern risalit, the liberation of Vienna from the Turks is
presented as a work of the art of war. In turn, the war trophies at the
side refer to the iconographic programme of the room located here.
The 22 busts over the lower row of arcades portrait "Benefactors,
inventors, wise men, literati, statesmen and generals" (to the north:
from Homer to Franz von Assisi; to the south: from Gustav II Adolf to
Pythagoras).
Bust of the Attic speaker
and politician Demosthenes
(384 – 322 BC)
Mosaics on the median
risalit of the western façade.
Above, goddesses of victory
Nike and Victoria with
festoons and palm branches
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41
The interior and its furnishings
Guests entering the Maximilianeum through the main portal on the
west side are received by a vestibule. A look up the stairs reveals a
monumental late Gothic crucifix from Chieming. There are several
marble busts on the landing and in the gallery.
At the halfway stage, the staircase divides into two flights, which
lead to the open arcades of the Stone Hall. Here in the so-called
cloister is historical documentation unique in its form. It contains
individually readable victim biographies of 316 members of Bavarian
parliaments who suffered at the hands of the nazi dictatorship. The
Commemorative plaque in
honour of the parliamentarians who resisted the Nazi
dictatorship
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documentation has been accessible at a computer terminal since January 2008 and complements a commemorative plaque installed in the
cloister in May 2007 (see below left). Both are to contribute to preserving the memory of the democratic resistance in Bavaria to the
national Socialist dictatorship.
Hanging on the side walls of the Stone Hall, in addition to the
portraits of the young King Max II by Julius Zimmermann and of
the first Bavarian king Max I Joseph by Moritz Kellerhoven, are two
huge paintings on canvas: to the south, "Coronation of Charlemagne"
by Friedrich Kaulbach (1861) and to the north, "The Imperial Coronation of ludwig of Bavaria" by August von Kreling (1859). They
Bust made of Carrara marble: Augustus, first Roman
emperor (63 BC – 14 AD)
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are remnants of a work commissioned by King Maximilian II – once
comprising 30 oil paintings – with important events of global history
(from the fall of man to the Battle of leipzig).
The Stone Hall has four portals, with the south-eastern portal
leading to the plenary chamber of the Bavarian State Parliament. The
north-eastern portal forms the access to the so-called Senate Hall.
This hall served as a meeting room for the Bavarian Senate (the former
"second chamber" of the Bavarian Parliament). As of 1 January 2000,
the Bavarian Senate was abolished by means of a referendum.
The north-western portal of the Stone Hall leads to the nor thern
colonnade, the so-called Presidents’ Corridor. Its name is taken from
the portraits of the State Presidents that have been in office since
1946. The corridor leads to what is now the conference room, which
is used for receptions and meetings of the Council of Elders of the
State Parlia ment (see image, right). Hanging on the eastern wall of
the middle room is a fresco created by Engelbert Seibertz, which
depicts the Maxi milianeum in neo-Gothic forms before the plan
change in 1864. It shows the imaginary introduction of Alexander
von Humboldt into a group of famous men from the fields of art and
science in Bavaria (see image on the following pages). The other wall
surfaces hold a series of pictures painted by Georg Hiltensperger,
of six benefactors and six inventors. These paintings were intended
to complement a bust cycle that once stretched along the northern
and southern colonnades like in a hall of fame. The reading room at
the end of the southern colonnade forms the counterpart to the conference room. The frescos on its eastern side were lost, these having
shown in the centre a meeting of important statesmen at the time of
the Congress of Vienna. Today, Karl Theodor von Piloty’s oil sketch
of the façade mosaic of the Sängerkrieg at the Wartburg castle can
be seen in their place. Friedrich Pecht’s paintings on the other walls
represent six European generals and six European statesmen.
Conference room of the
Bavarian State Parliament
with fresco
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1 Ignaz von Döllinger
2 Friedrich von Hermann
3 Leo von Klenze
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4 Joseph von Fraunhofer
5 Lorenz von Westenrieder
6 Johann Georg von Lori
7 Friedrich von Thiersch
8 Friedrich Wilhelm von
Schelling
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9 Justus von Liebig
10 Alexander von Humboldt
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11 Carl Ritter
12 Wilhelm von Kaulbach
13 Wilhelm von Doenniges
14 Leopold von Ranke
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15 Emanuel von Geibel
16 Ludwig von
Schwanthaler
17 August Graf von
Platen-Hallermünde
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18 Franz Lachner
19 Franz Xaver von Baader
20 Franz von Kobell
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The Maximilianeum Foundation
Proprietor of the building
48
The building is owned by the Maximilianeum Foundation. The Bavarian State Parliament is only the tenant.
When he was crown prince, Maximilian II of Bavaria (1811–1864)
already drew up the plan to construct "a large national building at the
high bank of the Isar near Munich" in order to "elevate the monarchical, national volksgeist". This was soon joined by the idea of an "athenaeum", an institute with the objective of "helping talented young
Bavarian men (of any social status) to achieve the level of academic
and intellectual education that is required in order to fulfil the higher
responsibilities of state service". Unfortunately, Max II did not live to
experience the completion of the institute building and the foundation did not even obtain legal form until his son and successor ludwig
II was ruling.
According to the document of 1876, the Maximilianeum building as
well as a gallery with historical paintings and marble busts belong to
the foundation to this day.
Following the end of the monarchy in 1918, the protectorate of the
Maximilianeum Foundation was transferred to ludwig-MaximiliansUniversität München. This has remained so to this day. The Maxi milianeum Foundation currently supports a total of 25 male secondary
school graduates. In addition, the "Wittelsbacher Jubiläums-Stiftung" foundation (established in 1980) is currently enabling 20 highly
ta lented female secondary school graduates to obtain a scholarship.
Since the institute was founded, approximately 800 students have
been supported by the two foundations. Famous beneficiaries of the
Maximilianeum Foundation have included Bavarian Minister-Presidents Eugen Ritter von Knilling (1865–1927) and Franz Josef Strauß
(1915–1988) as well as Werner Heisenberg, winner of the nobel Prize
in Physics (1901–1976).
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More information
on the Bavarian State Parliament
A service for all interested parties
Information material
The Bavarian State Parliament has a large amount of information
material for you that is provided free of charge. This material can be
ordered by post, by fax, by e-mail, by telephone or on our website.
You can find all the information you need under "Contact" on the
following page. You can also download many of the publications in
PDF format on our website.
Visit to the Maximilianeum
Individuals can participate in committee meetings or plenary sittings
without prior registration, as long as spaces are available (personal
identification or a passport must be presented). The building cannot
be visited without an invitation from the Office of the Bavarian State
Parliament. Groups can visit the Bavarian State Parliament after registering and upon invitation by the Office of the Bavarian State Parliament. Requests to visit the building must be presented in writing
and as far in advance as possible. Guests are attended to by the visitor
service of the Office of the Bavarian State Parliament.
A special programme is offered to Bavarian school classes as part of
the "educational support" scheme. Due to high demand, registration
in good time (in the first few weeks of the school year!) is required.
The "educational support" scheme would be happy to inform you regarding further conditions.
Contact
The Bavarian State Parliament online
The website of the Bavarian State Parliament offers you web TV,
offering live broadcasts of plenary sittings and recordings of past
meetings (video archive). The current plenary proceedings can be
followed under "Plenum Online". In addition, you can view meeting
plans and agendas, search for minutes of meetings, bills, motions and
decisions of the Parliament (Document Research), read information
about the history of the Parliament and the Maximilianeum building
and find biographies and addresses of all members of Parliament as
well as much more information.
last but not least, you can subscribe to our newsletter, which
offers you current reports from the plenary sittings and committee
meetings as well as pieces on events and further happenings in the
Maximilianeum.
Bayerischer Landtag
Landtagsamt
Referat P V
Öffentlichkeitsarbeit, Besucher
Maximilianeum
Max-Planck-Straße 1
81675 München
Postal address:
Maximilianeum
81627 München
Fax +49 89 4126-1767
[email protected]
Visitors’ Service
Telephone +49 89 4126-2705 or -2336
School class visits
[email protected]
Orders
Telephone +49 89 4126-2191 or -2602
For questions about the
Bavarian State Parliament
Central Information Point of the Office
of the Bavarian State Parliament
Telephone +49 89 4126-2268
[email protected]
www.bayern.landtag.de
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Publisher:
Bayerischer Landtag
Landtagsamt
Abteilung
Parlamentarische Dienste
Maximilianeum
Max-Planck-Straße 1
81675 München
Postal address:
Bayerischer Landtag
81627 München
Telephone +49 89 4126-0
Fax +49 89 4126-1392
[email protected]
www.bayern.landtag.de
As of: October 2014
1st version
17th electoral term (2013 – 2018)
Photos:
Image archive of the
Bavarian State Parliament
Rolf Poss
(unless otherwise
indicated)
Title photo: dpa
Page 16, 19 above, 23:
Fotolia
Design:
Büro für Gestaltung
Wangler & Abele,
München
Print:
Dimetria-VdK gGmbH,
Straubing
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www.bayern.landtag.de
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