Block 5

The minimum share of second votes needed to enter the Bundestag is called the 5% hurdle or threshold clause. It is set out in the Federal Electoral Act and applies in similar form to state elections.

Article 38 of the Basic Law names five electoral principles: universal, direct, free, equal, and secret. Universal means all citizens aged 18 and over may vote; direct means without electors in between; equal means every vote carries the same weight.

The 5% hurdle is the minimum share of second votes a party needs in order to receive seats in parliament. It governs entry into parliament, not how members vote or whether they attend.

A Bundestag election elects the parliament for all of Germany, that is, the members of the Bundestag. The chancellor is then elected by the Bundestag, the Federal President by the Federal Convention, and state parliaments in separate state elections.

Regular elections make a peaceful change of power possible: a majority can vote a government out without upheaval or violence. That is precisely what distinguishes a democracy from a dictatorship, where rulers cannot be voted out.

Before an election the municipality sends every eligible voter a polling card. It states the election day, the polling station, and how to apply for a postal vote. It is not a ballot in itself, but it makes voting easier.

The 5% hurdle is meant to stop parliament fragmenting into many tiny groups, which would make stable majorities and government formation difficult. The Weimar Republic's experience of collapsing coalitions was a key reason for the rule.

Elected members of a parliament are called Abgeordnete (deputies). Under Article 38 of the Basic Law they are subject only to their conscience and bound by no instructions: this is known as the free mandate.

At federal level, only the Bundestag is elected directly by the people. The chancellor is elected by the Bundestag, the Federal President by the Federal Convention, and state premiers by their respective state parliaments.

A ballot paper is valid only if the voter's intent is unambiguous: one cross for the first vote and one cross for the second vote. It becomes invalid through multiple crosses in one column, crossed-out fields, added notes, comments, or a signature.

The mayor is the head of a municipality and directs its administration. In most federal states the office is elected directly by the residents.

Volunteering means working freely and without pay: in sports clubs, the volunteer fire service, welfare organisations, or parents' initiatives. About a third of people in Germany take part; volunteering is regarded as a pillar of civil society.

Postal voting is permitted and needs no justification. Not permitted are voting on someone else's behalf, voting by telephone or electronically, and voting under the age of 18 in Bundestag elections.

A citizens' initiative is the right instrument: those affected join forces, collect signatures, and approach the council and administration. Such engagement is an expressly welcome part of democracy: the tax or forestry office has no remit here.

Trade unions represent employees. They negotiate collective agreements on pay, working hours, and holidays with employers' associations. The largest German umbrella organisation is the German Trade Union Confederation (DGB).

The labour court handles disputes arising from the employment relationship, including dismissals. Service-charge statements and neighbour disputes go to the local or regional court, as do traffic accident claims.

Disputes in working life fall to the labour court: covering dismissal, pay, references, and collective-agreement conflicts. Family courts, criminal courts, and local courts cover other areas of law.

Against an unjustified dismissal you file an unfair-dismissal claim at the labour court. The deadline matters: the claim must be lodged within three weeks of receiving the notice, otherwise the dismissal is deemed valid.

A criminal trial happens when someone is accused of a criminal offence and charged by the public prosecutor. Changing religion and holding dissenting opinions are protected fundamental rights; illegal parking is a regulatory offence, penalised with a fine and no trial.

Lay assessors (Schöffen) are honorary judges. They sit alongside professional judges with equal voting rights and decide with them on guilt and sentence. They need no legal training: they bring an ordinary citizen's perspective into the courts.

Lawyers advise clients and represent them in court, acting on their client's side. Judges decide neutrally, public prosecutors bring charges on behalf of the state, and lay assessors help decide cases in an honorary capacity.

Judges work at a court and hand down judgments. Under Article 97 of the Basic Law they are independent and subject only to the law. Only parliament can change laws; representing citizens is the lawyers' job.

Judges belong to the judiciary, the branch that adjudicates. The executive carries out the law (government, authorities, police) and the legislature makes it (parliaments). There is no branch called the "operative".

The German term for the judiciary is the "rechtsprechende Gewalt", the adjudicating power: which is exactly what judges do. The executive is the enforcing power and the legislature the law-making power.

A judge works for the judiciary. The separation of powers under Article 20 of the Basic Law keeps legislature, executive, and judiciary apart so that they check one another. The press is not a branch of state authority.

Court proceedings in German are called a Prozess: for example a criminal trial, a civil action, or a labour-court case. A Protokoll, by contrast, is merely the written record of the hearing.

The work of judges is to administer justice: they apply existing laws to specific cases and decide disputes. Governing, planning, and enacting laws are tasks of the other branches of state authority.

The police monitor compliance with the law, avert danger, and investigate crimes. They belong to the executive. National defence is the Bundeswehr's task, laws are passed by parliament, and surveillance is permitted only under strict legal conditions.

Denying the Holocaust is an example of antisemitic behaviour and a criminal offence in Germany. Attending a Jewish festival is the opposite of that, and criticising the Israeli government's policy is legitimate expression, as long as it targets the policy and not Jewish people themselves.

Schöffen are lay judges who decide criminal cases alongside professional judges. They are not lawyers but ordinary citizens chosen from the population for five years. In the courtroom they have equal voting rights with the professional judges.