German cabinet member
The
vice-chancellor of Germany
, officially the
deputy to the federal chancellor
(
German
:
Stellvertreter des Bundeskanzlers
), is the second highest ranking
German cabinet
member. The
chancellor
is the head of government and, according to the constitution, gives this title of deputy to one of the federal ministers. It is common that the title is given to the major minister provided by the (smaller) coalition partner.
In everyday politics, being a vice-chancellor is more an honorary title. The vice-chancellor may head cabinet meetings when the chancellor is abroad. The function of vice-chancellor is to use the specific constitutional powers of the chancellor in case that the chancellor is unable to perform their duties. This kind of substitution has never been made use of in the history of the Federal Republic.
Should a chancellor resign, die or be permanently unable to perform the duties of office, the vice-chancellor does not automatically become the next chancellor. In such a case the Federal President assigns a minister to serve as
acting
chancellor until the
Bundestag
(parliament) elects a new chancellor.
[1]
).
Although
Stellvertreter
is the constitutional term, most Germans know the deputy by the expression
Vice-Chancellor
(
Vizekanzler
). Chancellor (
Kanzler
) is the traditional term for the German head of government since 1867/71. A general deputy was introduced by law in 1878 (
Stellvertretungsgesetz
). In the
Weimar Republic
of 1919–1933, the office of
Vizekanzler
was mentioned in the internal reglement of the government. The current office or title has existed since the constitution of 1949.
Robert Habeck
(
Greens
) is the current officeholder since 8 December 2021.
History
[
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]
Such an office was initially established by the 1878
Stellvertretungsgesetz
(Deputation Act), which provided for the imperial chancellor appointing a deputy, officially known as
Allgemeiner Stellvertreter des Reichskanzlers
(General Deputy to the Imperial Chancellor). In addition to the general deputy, who could sign for all the affairs of the chancellor, the chancellor could appoint deputies with limited responsibilities. The act was revised on 28 October 1918, when the possibility of appointing deputies with limited responsibilities was removed and the vice-chancellor was given the right to appear before parliament.
[2]
In the Weimar Republic, the office was considered less important. It was not even mentioned in the constitution. Usually it was held by the minister of justice or the interior. The most known office holder is
Franz von Papen
, a former chancellor who formed a coalition government of national socialists and conservatives.
Adolf Hitler
became Chancellor, and Papen Vice-Chancellor. It became soon obvious that the position of Vice-Chancellor provided no powers and was unsuited to constrain Hitler. Papen was convinced that him being trusted by president Hindenburg made him an important political player; soon, Hindenburg's trust went from Papen to Hitler.
In the Federal Republic (since 1949), the Chancellors have had no interest in allowing the Deputy to use the title for self promotion.
[3]
Since 1966 it became customary that the coalition partner of the governing party received the ministry of the exterior who was also appointed Deputy. The ministry of the exterior was considered to be the most important cabinet post besides the Chancellorship. This tradition faded away in the time of Merkel's office, partially, because political heavyweights of the coalition partner chose a different ministry for personal preference.
Office and appointment mechanism
[
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]
The German cabinet consists of the Chancellor and the Federal Ministers. According to the
Basic Law
(Article 69.1), the Chancellor appoints one of the
ministers
as Vice-Chancellor. In contrast to the appointment of a cabinet minister, there is no need for a formal appointment by the President. The appointment is an exclusive power of the Chancellor.
The Chancellor is theoretically free to choose a deputy chancellor. In practice, a German government is usually based on a coalition of two or more parties and the Chancellor gives the title to a minister of the second largest coalition party upon recommendation of that party's leadership.
The German Vice-Chancellor can be regarded as the equivalent of a
deputy prime minister
in other parliamentary systems. Unlike the Vice President post in presidential systems of governments, the German Vice-Chancellor is not the automatic successor in the event that a sitting Chancellor suddenly leaves office.
A German cabinet exists only as long as the current Chancellor is in office. The end of a Chancellor's term in office (either by death or resignation or the first meeting of a newly elected Bundestag) automatically terminates the office of any minister. If this happens, the
President of Germany
appoints the former Chancellor or, if this is not possible, one of the former cabinet ministers (not necessarily, but most likely the former Vice-Chancellor) as Acting Chancellor, until the parliament elects a new Chancellor.
[4]
When in 1974 Chancellor
Willy Brandt
resigned and refused to remain in office until his successor's election, President
Gustav Heinemann
ensured a corresponding precedent and appointed former Vice-Chancellor
Walter Scheel
as Acting Chancellor.
The Basic Law does not state who shall perform the Chancellor's powers and duties, if both the Chancellor and the Vice-Chancellor are unable to do so. The German cabinet's rules of procedure state that in absence of both office-holders cabinet meetings shall be chaired by a cabinet member designated for this purpose by either the Chancellor or the Vice-Chancellor or, if such a designation has not taken place or if the designee is not able to do so, by the present cabinet member with the longest uninterrupted membership in the federal government (§22.1).
[5]
It is however unclear, whether this provision extends to other powers of the office of Chancellor. In an expertise issued by the Bundestag's scientific service in 2014, the legal opinion is that this is the case.
[6]
List of vice-chancellors
[
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]
German Reich (1871?1945)
[
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]
German Empire (1871?1918)
[
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]
Political party:
FKP
FVP
Weimar Republic (1918?1933)
[
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]
Political party:
DDP
Centre
DVP
SPD
DNVP
Nazi Germany (1933?1945)
[
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]
No.
|
Portrait
|
Name
|
Term start
|
Term end
|
Days
|
Party
|
Portfolio
|
Other positions
|
|
Cabinet
|
The Deputy to the Chancellor of the Reich
|
12
|
|
Franz von Papen
(1879?1969)
|
30 January 1933
|
7 August 1934
|
554
|
Non-partisan
|
|
Minister President of Prussia
(until 10 April 1933)
|
|
Hitler
|
From 7 August 1934 until 20 September 1949, the office of the Vice-Chancellor of Germany was abolished
.
|
Federal Republic of Germany (1949?present)
[
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]
Political party:
FDP
CDU
SPD
Green
References
[
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]
- ^
Ute Mager, in: von Munch/Kunig: Grundgesetz-Kommentar II, 5. Auflage 2001, Rn. 10/11 zu Art. 69.
- ^
"Gesetz, betreffend die Stellvertretung des Reichskanzlers ["Stellvertretungsgesetz"] (17.03.1878)"
.
www.documentarchiv.de
(in German)
. Retrieved
2019-08-26
.
- ^
Roman Herzog, in: Maunz/Durig: Kommentar zum Grundgesetz, 2008, Art. 69, Rn. 9.
- ^
Georg Hermes, in: Horst Dreier (Hrsg.) Grundgesetz-Kommentar, Band 2, 2. Auflage 2006, Art. 69, Rn. 7, 17-19.
- ^
"Geschaftsordnung der Bundesregierung"
.
- ^
Wissenschaftlicher Dienst des Bundestages. Sachstand. Vertretungsregelungen fur das Amt des Bundeskanzlers und des Bundesprasidenten (AZ: WD 3-3000-016/14), p. 3?4.