Germany citizenship test (Leben in Deutschland) · Curriculum chapter 2 · 7 min read
Chapter 2: Living in a democracy
The Basic Law and basic rights, elections and the two votes, parties, the Bundestag, Bundesrat, Chancellor and Federal President, the federal system, the rule of law and the defensive democracy. Study notes for the German naturalisation test.
Why this chapter matters
Living in a democracy (Leben in der Demokratie) is the core of the naturalisation curriculum and gives the largest share of the 30 general questions. It is also where the three Land questions belong. Learn the institutions, who elects whom, and what the main basic rights protect.
The Basic Law
- The Basic Law (Grundgesetz) is the constitution of the Federal Republic of Germany. It came into force on 23 May 1949, first in the west; since reunification on 3 October 1990 it applies to the whole of Germany.
- It is the highest law: every federal and Land law must be compatible with it.
- Article 1: human dignity (Menschenwuerde) is inviolable, and all state authority must respect and protect it.
- Article 20: Germany is a democratic and social federal state. All state authority comes from the people (Volkssouveraenitaet), who exercise it through elections and votes and through the separate bodies of legislation, executive power and the courts.
- Changing it needs a two-thirds majority in the Bundestag and two thirds of the votes in the Bundesrat. No referendum is required.
- The eternity clause (Ewigkeitsklausel, Article 79(3)) protects human dignity, the principles of Article 20 and the division of the federation into Laender against any amendment.
Basic rights
The basic rights (Grundrechte) come first in the Basic Law, in Articles 1 to 19. They bind all state power.
| Right | What it protects |
|---|---|
| Human dignity (Art. 1) | The worth of every person, whatever they have done |
| Equality (Art. 3) | Equal treatment before the law; men and women have equal rights; no one favoured or disadvantaged because of sex, origin, faith, language or disability |
| Freedom of faith (Art. 4) | Choosing, changing or having no religion; practising it freely |
| Freedom of opinion and the press (Art. 5) | Saying and publishing opinions; no censorship. Limits: the general laws, youth protection and personal honour |
| Marriage and family (Art. 6) | Parents' right and duty to raise their children, with the state watching over them |
| Assembly (Art. 8) | Meeting peacefully and without weapons |
| Association (Art. 9) | Forming clubs, societies and trade unions |
| Privacy of correspondence (Art. 10) | Letters, post and telecommunications |
| Free movement (Art. 11) and occupation (Art. 12) | Living anywhere in Germany; choosing a job and place of training |
| Home (Art. 13) | Protection of your home against searches without legal basis |
| Citizenship (Art. 16) | No one may be deprived of German citizenship or made stateless |
| Asylum (Art. 16a) | Protection for people persecuted on political grounds |
| Petition (Art. 17) | Turning to parliament with requests and complaints |
Some rights are for everyone; others, such as assembly and free movement, are worded as rights of Germans, though foreigners are protected by other rules. Article 102 abolishes the death penalty.
Elections
Bundestag elections are general, direct, free, equal and secret (Article 38).
- Voting age: 18 for the Bundestag. For European elections it is 16, and several Laender allow voting at 16 in local or Land elections.
- Voting is a right, not a duty: there is no compulsory voting.
- The Bundestag is elected for four years. Most Land parliaments sit for five.
- Each voter has two votes:
| Vote | For | Decides |
|---|---|---|
| First vote (Erststimme) | A candidate in the local constituency (Wahlkreis) | Who represents the constituency |
| Second vote (Zweitstimme) | A party list | How many seats each party gets |
- The five per cent threshold (Fuenf-Prozent-Huerde): a party normally needs at least 5% of the second votes to share in the seats. It was introduced to avoid the splintering of parliament seen in the Weimar Republic.
- EU citizens living in Germany may vote in local and European elections, but not in Bundestag or Landtag elections.
Parties and taking part
- Parties help form the political will of the people (Article 21) and must be organised democratically.
- Only the Federal Constitutional Court can ban a party as unconstitutional.
- Other ways to take part: citizens' initiatives (Buergerinitiativen), associations and clubs (Vereine), trade unions, demonstrations, petitions, and standing for office.
The federal bodies
| Body | Who is in it | Main tasks |
|---|---|---|
| Bundestag | Members elected by the people every four years; meets in the Reichstag building in Berlin | Passes federal laws, elects the Chancellor, controls the government, approves the budget and armed missions abroad |
| Bundesrat | Members of the Land governments (not elected by the people); 3 to 6 votes per Land by population | Lets the Laender take part in federal law-making |
| Federal government (Bundesregierung) | The Chancellor and the federal ministers | Runs the country; the Chancellor sets the guidelines of policy (Richtlinienkompetenz) |
| Federal President (Bundespraesident) | Head of state; five-year term, one re-election in a row | Signs laws, represents Germany abroad, appoints the Chancellor and ministers; official seat Bellevue Palace |
| Federal Convention (Bundesversammlung) | Bundestag members plus an equal number of Land delegates | Meets only to elect the Federal President |
| Federal Constitutional Court (Bundesverfassungsgericht) | Judges; sits in Karlsruhe | Guards the Basic Law; hears constitutional complaints; decides on party bans |
Key points:
- The Chancellor is elected by the Bundestag, on the Federal President's proposal, not by the voters directly.
- The ministers are proposed by the Chancellor and appointed by the Federal President.
- The Bundestag can remove a Chancellor only with a constructive vote of no confidence (konstruktives Misstrauensvotum): by electing a successor at the same time.
- When no party has a majority, parties form a coalition.
- The opposition scrutinises and criticises the government.
- Bills can be introduced by the federal government, the Bundesrat or members of the Bundestag. If Bundestag and Bundesrat disagree, the Mediation Committee (Vermittlungsausschuss) looks for a compromise.
- The Bundeswehr is a parliamentary army: armed missions abroad normally need the Bundestag's approval.
The federal system
Germany has 16 Laender, each with its own constitution, parliament (usually the Landtag) and government, led in most Laender by a Ministerpraesident. Berlin, Hamburg and Bremen are city-states.
| Mainly federal (Bund) | Mainly the Laender | Local (towns and districts) |
|---|---|---|
| Foreign policy, defence, citizenship, currency, most of criminal and civil law | Schools, universities, police, culture | Local roads, playgrounds, waste collection, nurseries |
Towns and municipalities have local self-government and elect their own councils (Gemeinderat, Stadtrat).
Separation of powers and the rule of law
| Power | Meaning | Who holds it |
|---|---|---|
| Legislative | Making laws | Bundestag and Bundesrat; Land parliaments |
| Executive | Carrying out laws | Governments and administration, including the police |
| Judicial | Deciding cases | Independent courts |
- Judges are independent and bound only by law.
- Anyone whose rights are affected by a public authority can challenge the decision in court (Article 19(4)).
- Everyone counts as innocent until a court convicts them.
- A constitutional complaint (Verfassungsbeschwerde) to the Federal Constitutional Court is open to anyone who says the state has violated their basic rights.
The defensive democracy and the state symbols
- Germany is a defensive democracy (wehrhafte Demokratie): learning from Weimar, the state may act against those who want to abolish the free democratic order, for example by banning unconstitutional parties.
- Flag: black, red and gold, the colours of the democratic movement of 1848.
- National anthem: the third verse of the Song of the Germans (Deutschlandlied), which begins "Einigkeit und Recht und Freiheit" (unity and justice and freedom).
- Capital: Berlin.
Common questions
Who elects the Federal President, and who elects the Chancellor? The Federal Convention elects the President; the Bundestag elects the Chancellor. Neither is chosen directly by the voters.
Which vote matters more for the seats? The second vote decides the share of seats for each party.
Is the Bundesrat a second elected chamber? No. Its members are sent by the Land governments.
Ready to practise? Start Germany citizenship practice test 1.
Based on the curriculum area "Leben in der Demokratie" named by the Federal Office for Migration and Refugees (bamf.de) and the Rahmencurriculum in the Einbuergerungstestverordnung, with facts from the Basic Law. Written in our own words; check the official pages before your test.