Kiepenkerl was originally a sandstone statue of a travelling merchant created by August Schmiemann in Münster , Germany , in 1896. Destroyed in World War II, it was re-created in cast metal by Albert Mazzotti Jr in 1953. The statue now stands in a small square in the Old Quarter of Münster. In 1987 American sculptor Jeff Koons created a replica of the design in polished cast stainless steel.
60-523: The original statue, like its successors, depicted a Kiepenkerl [ de ] (literally "pannier guy": a travelling merchant or pedlar [US: peddler]) with a carrying basket, whistle, knot stick and linen smock. It was carved from Baumberger sandstone by August Schmiemann and was inaugurated in Münster on 16 October 1896. The statue was destroyed by a US tank in World War II . A competition for
120-516: A President, you can form a government." (endorsing parties) (percentage) (endorsing parties) (percentage) ( FDP , CDU , CSU ) The office of president is open to all Germans who are entitled to vote in Bundestag elections and have reached the age of 40, but no one may serve more than two consecutive five-year terms. As yet (2022), only five presidents (Heuss, Lübke, von Weizsäcker, Köhler and Steinmeier (in office)) have been elected for
180-550: A bill is not technically a final veto. As of 2023, this has happened only nine times and no president has done it more often than two times during their term: Karl Carstens , Roman Herzog , Johannes Rau , Christian Wulff , and Joachim Gauck have signed and promulgated all bills during their respective terms. The president represents Germany in the world (Art. 59 Basic Law), undertakes foreign visits, and receives foreign dignitaries. They also conclude treaties with foreign nations (which do not come into effect until affirmed by
240-459: A chancellor and ministers to remain in office after the end of a chancellor's term until a successor is elected; or exercises his right to pardon on behalf of the federation - as these are exclusive powers of the president. Therefore, the president also receives the chancellor regularly for talks on current policy issues. German presidents also hold talks with individual federal ministers and other senior officials at their own discretion. The "Head of
300-533: A high mirror polish to create a "false front of luxury". Kiepenkerl Kiepenkerl was originally a sandstone statue of a travelling merchant created by August Schmiemann in Münster , Germany , in 1896. Destroyed in World War II, it was re-created in cast metal by Albert Mazzotti Jr in 1953. The statue now stands in a small square in the Old Quarter of Münster. In 1987 American sculptor Jeff Koons created
360-494: A new statue was held immediately after the war ended. However, the new designs were vetoed by the mayor of Münster , Karl Zuhorn [ de ] . Subsequently, Albert Mazzotti Jr was commissioned to create a statue in bronze. It was inaugurated on 20 September 1953 by Federal President Theodor Heuss . Its location is Kiepenkerl Square, in the Old Quarter of Münster ( 51°57′51″N 7°37′34″E / 51.9641°N 7.6262°E / 51.9641; 7.6262 ). For
420-471: A person is elected with a majority on this ballot, the President is once again obliged to appoint them. If there is no majority, the President has seven days to either appoint the person who received a plurality of votes on the final ballot or dissolve the Bundestag. The chancellor may only be removed if the Bundestag passes a constructive vote of no confidence , indicating that a prospective new chancellor has
480-515: A president is re-elected for a second consecutive term, he does not take the oath again. The president is involved in the formation of the Federal Government and remains in close cooperation with it. Basically, the president is free to act on his own discretion. However, according to Article 58 of the German constitution, the decrees, and directives of the president require the countersignature of
540-572: A president's term. The body is convened and chaired by the President of the Bundestag . From 1979 to 2009, all these conventions were held on 23 May, the anniversary of the foundation of the Federal Republic in 1949. The resignation of Horst Köhler in 2010, which necessitated an early meeting of the Federal Convention, brought this tradition to an end. In the first two rounds of the election,
600-508: A proposed federal minister, as no president has ever done so. The constitution places no restrictions on who may be chancellor. In practice, the president only proposes a person as chancellor who has previously garnered a majority support in prior coalition talks and traditionally does not interfere in those talks. However, after the " Jamaica coalition " talks failed in the wake of the 2017 election , President Steinmeier invited several Bundestag party leaders to try to bring them together to form
660-413: A replica of the design in polished cast stainless steel. The original statue, like its successors, depicted a Kiepenkerl [ de ] (literally "pannier guy": a travelling merchant or pedlar [US: peddler]) with a carrying basket, whistle, knot stick and linen smock. It was carved from Baumberger sandstone by August Schmiemann and was inaugurated in Münster on 16 October 1896. The statue
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#1732854629439720-462: A second term and only two of them (Heuss and von Weizsäcker) completed those terms, while Lübke and Köhler resigned during their second term. The president must not be a member of the federal government or of a legislature at either the federal or state level. After taking office the president must take the following oath, stipulated by Article 56 of the Basic Law, in a joint session of the Bundestag and
780-462: A whole category of offenses. That requires a law enacted by the Bundestag in conjunction with the Bundesrat. Due to the federal structure of Germany the federal president is only responsible for dealing with certain criminal matters (e.g. espionage and terrorism) and disciplinary proceedings against federal civil servants, federal judges, and soldiers". It is customary that the federal president becomes
840-472: A working government. The president appoints federal judges, federal civil servants, and military officers. Unlike the head of state in Westminster system parliamentary democracies, the President does not have the reserve power to unilaterally dissolve the Bundestag. The Bundestag also does not have the power to dissolve itself. Dissolution by the President can only occur in two scenarios caused by action of
900-413: A year or more. According to article 81 of the German constitution, the president can declare a "Legislation Emergency" and allow the federal government and the Bundesrat to enact laws without the approval of the Bundestag. They also have important decisive power regarding the appointment of a chancellor who was elected by plurality only, or the dissolution of the Bundestag under certain circumstances. It
960-417: Is also theoretically possible, albeit a drastic step which has not happened since 1949, that the president refuses to sign legislation merely because they disagree with its content, thus vetoing it, or refuse to approve a cabinet appointment. In all cases in which a bill was not signed by the federal president, all presidents have claimed that the bill in question was manifestly unconstitutional. For example, in
1020-559: Is elected for a term of five years by secret ballot, without debate, by a specially convened Federal Convention which mirrors the aggregated majority position in the Bundestag (the federal parliament) and in the parliaments of the 16 German states . The convention consists of all Bundestag members, as well as an equal number of electors elected by the state legislatures in proportion to their respective populations. Since reunification, all Federal Conventions have had more than 1200 members, as
1080-459: Is the head of government. The president has a ceremonial role as figurehead , but also has the right and duty to act politically. They can give direction to general political and societal debates and have some important " reserve powers " in case of political instability (such as those provided for by Article 81 of the Basic Law). The president also holds the prerogative to grant pardons on behalf of
1140-637: The Bundesrat (it is the only event that demands such a joint session constitutionally). The religious references may optionally be omitted. I swear that I will dedicate my efforts to the well-being of the German people, promote their welfare, protect them from harm, uphold and defend the Basic Law and the laws of the Federation, perform my duties conscientiously and do justice to all. (So help me God.) German constitutional law does not consider oaths of office as constitutive but only as affirmative . This means that
1200-416: The head of government of one of the sixteen German states , elected by the Bundesrat in a predetermined order of annual alternation) as deputy of the president of Germany (Basic Law, Article 57). If the office of president falls vacant, they assume the powers of the president on an acting basis until a successor is elected. While doing so, they do not continue to exercise the role of chair of the Bundesrat. If
1260-456: The head of state of Germany . The current officeholder is Frank-Walter Steinmeier who was elected on 12 February 2017 and re-elected on 13 February 2022. He is currently serving his second five-year-term, which began on 19 March 2022. Under the 1949 constitution (Basic Law) Germany has a parliamentary system of government in which the chancellor (similar to a prime minister or minister-president in other parliamentary democracies)
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#17328546294391320-680: The 1987 Sculpture Projects Münster , American sculptor Jeff Koons created a replica of the statue in polished cast stainless steel. Koons produced an edition of three; one is on display at the Hirshhorn Museum and Sculpture Garden in Washington, D.C. ( 38°53.329′N 77°1.380′W / 38.888817°N 77.023000°W / 38.888817; -77.023000 ). The guide for the Sculpture Projects Münster includes these notes by Georg Jappe: The Kiepenkerl monument symbolizes
1380-415: The Bundesrat, also acted as head of state for a few days: after the Basic Law had come into effect and he himself was elected as President of the Bundesrat, the first President of Germany was not yet elected and the office therefore vacant. None of these three presidents of the Bundesrat acting as President, has used any of the more important powers of the president, as for example vetoing a law or dissolving
1440-410: The Bundestag has always had more than 600 parliamentarians since then. It is not required that state electors are chosen from the members of the state legislature; often some prominent citizens are chosen. The German constitution, the Basic Law, requires that the convention be convened no later than 30 days before the scheduled expiry of the sitting president's term or 30 days after a premature expiry of
1500-690: The Bundestag or the Bundesrat impeaches the president, the Federal Constitutional Court is charged with determining if they are guilty of the offence. If the charge is sustained, the court has the authority to remove the president from office. The official residence of the president is Bellevue Palace in Berlin. The president's second official residence is the Hammerschmidt Villa in Bonn, the former capital city of West Germany . Although these are
1560-457: The Bundestag refuses to approve the draft, the cabinet can ask the federal president to declare a "legislative state of emergency" ( Gesetzgebungsnotstand ) with regard to that specific law proposal. After the declaration of the president, the Bundestag has four weeks to discuss the draft law. If it does not approve it the cabinet can ask the Federal Council for approval. After the consent of
1620-525: The Bundestag), accredit German diplomats, and receive the letters of accreditation of foreign diplomats. According to Article 60 (2) of the German Constitution, the president has the power to pardon. This means the president "has the authority to revoke or commute penal or disciplinary sentences in individual cases. The federal president cannot, however, issue an amnesty waiving or commuting sentences for
1680-414: The Bundestag, although they would have been entitled to do so under the same conditions as the president. While in office, the president enjoys immunity from prosecution and cannot be voted out of office or recalled. The only mechanism for removing the president is impeachment by the Bundestag or Bundesrat for willfully violating German law. In either of the two bodies a two-thirds majority is required. Once
1740-600: The Bundestag: The first scenario has never happened. The second has been used to call snap elections in 1972 , 1983 , and 2005 , in all three cases with the incumbent chancellor asking his own party to vote down the confidence motion and obtaining a dissolution. Though the use of this strategy is controversial and the latter two cases resulted in complaints to the Federal Constitutional Court , it has been upheld as lawful. All federal laws must be signed by
1800-483: The Federal Council is secured, the draft law becomes law. There are some constraints on the "legislative state of emergency". After a president has declared the state of emergency for the first time, the government has only six months to use the procedure for other law proposals. Given the terms provided by the constitution, it is unlikely that the government can enact more than one other draft law in this way. Also,
1860-551: The Office of the President" represents the will and views of the president in the meetings of the Federal Cabinet and reports back to the president. The president's most prominent powers and duties include: After an election or other vacancy in the chancellor's office, the president must propose an individual to the Bundestag to be elected chancellor. The Bundestag is required to vote on this proposed candidate. If this vote fails,
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1920-540: The Old Quarter of Münster ( 51°57′51″N 7°37′34″E / 51.9641°N 7.6262°E / 51.9641; 7.6262 ). For the 1987 Sculpture Projects Münster , American sculptor Jeff Koons created a replica of the statue in polished cast stainless steel. Koons produced an edition of three; one is on display at the Hirshhorn Museum and Sculpture Garden in Washington, D.C. ( 38°53.329′N 77°1.380′W / 38.888817°N 77.023000°W / 38.888817; -77.023000 ). The guide for
1980-428: The Sculpture Projects Münster includes these notes by Georg Jappe: The Kiepenkerl monument symbolizes the man who comes to town with a few eggs, potatoes, and rabbits in his "Kiepe" (a huge basket carried on the back). Actually he is a "Kötter" (a tenant farmer). The statue, created by an academic sculptor, became especially popular when, during the war, everything was burnt down, only the statue remained standing and then
2040-399: The autumn of 2006, President Horst Köhler did so twice within three months. Also, in some cases, a president has signed a law while asking that the political parties refer the case to the Federal Constitutional Court in order to test the law's constitutionality. The Basic Law did not create an office of Vice President, but designated the President of the Bundesrat (by constitutional custom
2100-427: The candidate who achieves an absolute majority is elected. If, after two votes, no single candidate has received this level of support, in the third and final vote the candidate who wins a plurality of votes cast is elected. The result of the election is often determined by party politics. In most cases, the candidate of the majority party or coalition in the Bundestag is considered to be the likely winner. However, as
2160-495: The chancellor or the corresponding federal minister in charge of the respective field of politics. This rule ensures the coherence of government action, similar to the system of checks and balances in the United States. There is no need for a countersignature if the president proposes, appoints, or dismisses the chancellor; convenes or dissolves the Bundestag according to Article 63; declares a legislative state of emergency; calls on
2220-491: The city of Münster still in ruins, Theodor Heuss inaugurated a new life-size Kiepenkerl monument in bronze. Bronze is art. That is the only art in this restoration monument. Jeff Koons now has recast it in stainless steel which he calls the "material of the masses" (a highly complicated procedure: as the form does not correspond to any industrial standard, the various parts had to be smelted at 1800 degrees Centigrade and cast one by one and then welded together) and finally gave it
2280-404: The emergency has to be declared afresh for every proposal. This means that the six months are not a period in which the government together with the president and the Federal Council simply replaces the Bundestag as lawgiver. The Bundestag remains fully competent to pass laws during these six months. The state of emergency also ends if the office of the chancellor ends. During the same term and after
2340-429: The end, Wulff obtained a majority in the third ballot. If the opposition has turned in a strong showing in state elections, it can potentially have enough support to defeat the chancellor's party's candidate; this happened in the elections in 1979 and 2004. For this reason, presidential elections can indicate the result of an upcoming general election. According to a long-standing adage in German politics, "if you can create
2400-445: The executive (government) with the power to "enable decrees in a state of emergency" ( exekutives Notverordnungsrecht ), but for historical reasons the constitution avoided this expression. Though candidates are usually selected by a political party or parties, the president nonetheless is traditionally expected to refrain from being an active member of any party after assuming office. Every president to date, except Joachim Gauck (who
2460-442: The federation. The German presidents, who can be elected to two consecutive five-year terms, have wide discretion about how they exercise their official duties. Under Article 59 (1) of the Basic Law (German Constitution), the president represents the Federal Republic of Germany in matters of international law, concludes treaties with foreign states on its behalf and accredits diplomats. Furthermore, all federal laws must be signed by
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2520-481: The honorary godparent of the seventh child in a family if the parents wish it. They also send letters of congratulations to centenarians and long-time married couples. Article 81 makes it possible to enact a law without the approval of the Bundestag: if the Bundestag rejects a motion of confidence, but a new chancellor is not elected nor is the Bundestag dissolved, the chancellor can declare a draft law to be "urgent". If
2580-423: The incumbent president had serious doubts about the constitutionality of a bill laid before them, they have refused to sign it. It also has to be stated that the president may at their own discretion sign such a "vetoed" bill at any later time, if for example the Basic Law has been changed in the relevant aspect or if the bill in question has been amended according to his concerns, because their initial refusal to sign
2640-549: The law and the constitution. It is a matter of political tradition – not legal restrictions – that the president generally does not comment routinely on issues in the news, particularly when there is some controversy among the political parties. This distance from day-to-day politics and daily governmental issues allows the president to be a source of clarification, to influence public debate, voice criticism, offer suggestions, and make proposals. In order to exercise this power, they traditionally act above party politics. The president
2700-417: The man who comes to town with a few eggs, potatoes, and rabbits in his "Kiepe" (a huge basket carried on the back). Actually he is a "Kötter" (a tenant farmer). The statue, created by an academic sculptor, became especially popular when, during the war, everything was burnt down, only the statue remained standing and then was blasted by a tank crew. The will to survive during the hoarding times: as early as 1953,
2760-423: The members of the Federal Convention vote by secret ballot and are free to vote against their party's candidate, some presidential elections were considered open or too close to call beforehand because of relatively balanced majority positions or because the governing coalition's parties could not agree on one candidate and endorsed different people, as they did in 1969, when Gustav Heinemann won by only six votes on
2820-490: The president before they can come into effect. The president may refuse to sign the law, thus effectively vetoing it. In principle, the president has the full veto authority on any bill, but this, however, is not how past presidents handled their power. Usually, the president checks if the law was passed according to the order mandated by the Constitution and/or if the content of the law is constitutional. Only in cases in which
2880-400: The president before they can come into effect; presidents may veto a law if they believe it to violate the constitution. The president's actions and public appearances represent the state itself, its existence, legitimacy, and unity. The president enjoys a higher ranking at official functions than the chancellor. The president's role is integrative and includes the control function of upholding
2940-565: The president dies in office, resigns, or is otherwise removed from office, a successor is to be elected within thirty days. Horst Köhler, upon his resignation on 31 May 2010, became the first president to trigger this re-election process. Jens Böhrnsen , President of the Senate and Mayor of the Free Hanseatic City of Bremen and at the time President of the Bundesrat, became Acting President. Similarly, when Christian Wulff resigned in 2012, it
3000-440: The president does not have to take the oath at the moment of entering office in order to be able to exercise its constitutional powers. In practice, the oath is usually administered during the first days or weeks of a president's term on a date convenient for a joint session of the Bundestag and the Bundesrat. Nevertheless, in theory a persistent refusal to take the oath is considered to be an impeachable offence by legal scholars. If
3060-482: The president is temporarily unable to perform their duties (this happens frequently, for example if the president is abroad on a state visit), he can at his own discretion delegate his powers or parts of them to the president of the Bundesrat. For example, in early November 2022, then President of the Bundesrat Peter Tschentscher deputised President Steinmeier when the latter was on a trip to Asia. If
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#17328546294393120-428: The right of nomination falls to the Bundestag, which is then given 14 days to elect another person. In either case, the President is obliged to appoint the person if a majority of the entire elected Bundestag, not just those present, votes for them (the so-called Kanzlermehrheit , "Chancellor majority"). If the Bundestag cannot elect anyone with a majority in the 14-day period, it is required to hold one final ballot. If
3180-472: The six months, the chancellor cannot use the procedure of Article 81 again. A "legislative state of emergency" has never been declared. In case of serious disagreement between the chancellor and the Bundestag, the chancellor resigns or the Bundestag faces new elections. The provision of Article 81 is intended to assist the government for a short time, but not to use it in crisis for a longer period. According to constitutional commentator Bryde, Article 81 provides
3240-418: The support of a majority. The President is then required to dismiss the chancellor and appoint the new candidate. The president also appoints and dismisses the remaining members of the federal government upon proposal of the chancellor. This theoretically means that the president can appoint only those candidates presented by the chancellor. It is unclear whether the president could refuse to dismiss or appoint
3300-422: The third ballot. In other cases, elections have turned out to be much closer than expected. For example, in 2010, Wulff was expected to win on the first ballot, as the parties supporting him (CDU, CSU and FDP) had a stable absolute majority in the Federal Convention. Nevertheless, he failed to win a majority in the first and second ballots, while his main opponent Joachim Gauck had an unexpectedly strong showing. In
3360-459: The various parts had to be smelted at 1800 degrees Centigrade and cast one by one and then welded together) and finally gave it a high mirror polish to create a "false front of luxury". Federal President of Germany The President of Germany , officially titled the Federal President of the Federal Republic of Germany (German: Bundespräsident der Bundesrepublik Deutschland ), is
3420-447: Was Horst Seehofer , Minister-President of Bavaria , as President of the Bundesrat, who became Acting President. When Heinrich Lübke, on the other hand, announced his resignation in 1968, it only came into effect the following year, a mere three months before the scheduled end of his term and after the expedited election of his successor. Back in 1949, Karl Arnold , at the time Minister-President of North Rhine-Westphalia and President of
3480-428: Was an independent ), has suspended their party membership for the duration of their term. Presidents have, however, spoken publicly about their personal views on political matters. The very fact that a president is expected to remain above politics usually means that when they do speak out on an issue, it is considered to be of great importance. In some cases, a presidential speech has dominated German political debate for
3540-455: Was blasted by a tank crew. The will to survive during the hoarding times: as early as 1953, the city of Münster still in ruins, Theodor Heuss inaugurated a new life-size Kiepenkerl monument in bronze. Bronze is art. That is the only art in this restoration monument. Jeff Koons now has recast it in stainless steel which he calls the "material of the masses" (a highly complicated procedure: as the form does not correspond to any industrial standard,
3600-422: Was destroyed by a US tank in World War II . A competition for a new statue was held immediately after the war ended. However, the new designs were vetoed by the mayor of Münster , Karl Zuhorn [ de ] . Subsequently, Albert Mazzotti Jr was commissioned to create a statue in bronze. It was inaugurated on 20 September 1953 by Federal President Theodor Heuss . Its location is Kiepenkerl Square, in
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