Germany

   

Executive Accountability

#5
Key Findings
With a strong set of oversight mechanisms, Germany falls into the top ranks internationally (rank 5) with regard to executive accountability. Its score on this measure has improved by 0.2 points relative to 2014.

Parliamentarians have sufficient resources and strong executive-oversight powers. The Federal Court of Audit is well-funded and powerful. A parliamentary committee serving an ombuds function has limited importance. The decades-old data-protection authority is independent, and has seen its resources substantially expanded in recent years.

Trust in the traditional media is rising, and considerable high-quality information on policy is available. Yet despite widespread news consumption, surveys have reflected a declining interest in political and parliamentary debates, particularly among young people. Media use is shifting toward entertainment rather than information. The recent rise in populist sentiments has been reversed.

Party leaders are increasingly elected on the basis of party members’ votes. Employers’ organizations and unions are powerful and sophisticated. Other interest groups are increasingly influential, particularly at the local level.

Citizens’ Participatory Competence

#10

To what extent are citizens informed of public policies?

10
 9

Most citizens are well-informed of a broad range of public policies.
 8
 7
 6


Many citizens are well-informed of individual public policies.
 5
 4
 3


Few citizens are well-informed of public policies; most citizens have only a rudimental knowledge of public policies.
 2
 1

Most citizens are not aware of public policies.
Political Knowledge
7
Recent empirical analyses indicate a decline in public interest in politics and parliamentary debates in Germany. Younger cohorts in particular were unable to mention any parliamentary debate they had followed with interest (Bundestag 2017). Media use is intense among the younger age groups, but has shifted away from the consumption of information to that of entertainment, which means that an increasing share of the public remains relatively uninformed about politics. Schools have been unable to compensate for those deficiencies. In addition, policy knowledge correlates strongly with family social status and the socioeconomic environment. Recent studies indicate that the rise of populist sentiments has been reversed, but that there is a risk of further right-wing radicalization (Vehrkamp and Merkel 2020). Ecological movements like “Fridays for Future” have increased the younger generation’s political awareness on climate policies. Comparative research indicates that policy knowledge in Germany remains at a level comparable to that found in Scandinavian countries (Jensen and Zohlnhöfer 2020).

Citations:
Bundestag (2017): Politisches Bewusstsein von Kindern und Jugendlichen sowie ihre politische Beteiligung. Online: https://www.bundestag.de/blob/531098/1b8f7a13a4e384584fefcbcb07e6c28d/wd-9-035-17–pdf-data.pdf

Jensen, Carsten and Reimut Zohlnhöfer (2020): Policy knowledge among ‘elite citizens,’ European Policy Analysis 6 (1), 10-22.

Vehrkamp, Robert and Wolfgang Merkel (2020): Populismusbarometer 2020, Zukunft der Demokratie, 02.2020, BertelsmannStiftung.

Does the government publish data and information in a way that strengthens citizens’ capacity to hold the government accountable?

10
 9

The government publishes data and information in a comprehensive, timely and user-friendly way.
 8
 7
 6


The government most of the time publishes data and information in a comprehensive, timely and user-friendly way.
 5
 4
 3


The government publishes data in a limited and not timely or user-friendly way.
 2
 1

The government publishes (almost) no relevant data.
Open Government
8
The Reuse of Information Act (“Informationsweiterverwendungsgesetz”), which converted the first EU directive into national law, has been in effect since 2006. When the European directive was revised, the Bundestag adopted a newer version of the law in May 2015 but has not changed it substantially since. Overall, the legislation requires that public sector information on social, economic, geographic, climate, tourism, business, patent and education issues be made available to private information suppliers and the general public.
In international comparison, Germany scored 58 out of 100 points in the Open Data Barometer and thus is not one of the leading countries in this field (Word Wide Web Foundation 2017). The EU Commission’s “Open Data Maturity Report” ranks Germany slightly above the EU average.
Following up on its first National Action Plan on Open Data in 2014, the federal government published a second National Action Plan in September 2019. It also published a comprehensive data strategy in early 2021 (Bundesregierung 2021).

In addition to these legal obligations, each federal and state government has an office of statistics that provide information for the public. These offices provide a wealth of high-quality data on a broad spectrum of issues that help citizens assess their country’s performance on a variety of indicators. These statistical offices make their data public by publishing comprehensive reports authored by experts and by publishing readable concise press releases that are frequently cited by the media. Statistical offices in Germany enjoy a high degree of political independence and have a reputation for providing undistorted data.

Citations:
Bundesregierung (2021): Datenstrategie der Bundesregierung. Eine Innovationsstrategie für gesellschaftlichen Fortschritt und nachhaltiges Wachstum, Berlin https://www.bundesregierung.de/resource/blob/992814/1845634/f073096a398e59573c7526feaadd43c4/datenstrategie-der-bundesregierung-download-bpa-data.pdf?download=1 (accessed 13 February)

data.europe.eu (2021): Open Data Maturity Report 2021, https://data.europa.eu/sites/default/files/landscaping_insight_report_n7_2021.pdf (accessed 13 February)

World Wide Web Foundation (2018): Open Data Barometer - Leaders Edition. Washington DC: World Wide Web Foundation. https://opendatabarometer.org/doc/leadersEdition/ODB-leadersEdition-Report.pdf (accessed 13 February)

Legislative Actors’ Resources

#3

Do members of parliament have adequate personnel and structural resources to monitor government activity effectively?

10
 9

The members of parliament as a group can draw on a set of resources suited for monitoring all government activity effectively.
 8
 7
 6


The members of parliament as a group can draw on a set of resources suited for monitoring a government’s major activities.
 5
 4
 3


The members of parliament as a group can draw on a set of resources suited for selectively monitoring some government activities.
 2
 1

The resources provided to the members of parliament are not suited for any effective monitoring of the government.
Parliamentary Resources
9
The German Bundestag has adequate personnel and the structural resources needed to effectively monitor government activity. Members of parliament can conduct their own research or obtain information from independent experts. The parliamentary library and the parliamentary research unit have staffs of 175 and 450, respectively. Every member of parliament receives a monthly income of €10,013 (since July 2021), as well as an additional budget of €22,800 (April 2021) for staff and further budgets for offices and equipment. The German Bundestag has a staff of more than 6,000. Parliamentary groups also have resources to commission independent research studies. Compared to the United States, German members of parliament are equipped with modest structural and personnel resources.

Citations:
https://www.bundestag.de/abgeordnete/mdb_diaeten

Are parliamentary committees able to ask for government documents?

10
 9

Parliamentary committees may ask for most or all government documents; they are normally delivered in full and within an appropriate time frame.
 8
 7
 6


The rights of parliamentary committees to ask for government documents are slightly limited; some important documents are not delivered or are delivered incomplete or arrive too late to enable the committee to react appropriately.
 5
 4
 3


The rights of parliamentary committees to ask for government documents are considerably limited; most important documents are not delivered or delivered incomplete or arrive too late to enable the committee to react appropriately.
 2
 1

Parliamentary committees may not request government documents.
Obtaining Documents
9
The German Bundestag is a “working parliament” – that is, parliamentary committees are of great importance in preparing and discussing legislative initiatives. Beyond their activities in preparing legislation, they also have oversight over government ministries, though the government nonetheless tries to withhold information at times. But most documents are made public and can be accessed. An important ruling delivered on 12 September 2012 by the Federal Constitutional Court’s Second Senate strengthened the information rights of German parliamentary representatives regarding the European Stability Mechanism Treaty (ESM).

In its 7 November 2017 ruling, the Federal Constitutional Court (“Bundesverfassungsgericht”) once again strengthened the Bundestag’s right to information vis-à-vis the government, requiring the government to provide comprehensive and publicly available information. In addition, in a recent ruling from February 2019, the Federal Court of Justice (“Bundesgerichtshof”) strengthened parliamentary investigation committees’ right to access governmental records.

Citations:
https://www.bundesverfassungsgericht.de/SharedDocs/Pressemitteilungen/DE/2016/bvg16-084.html

http://www.sueddeutsche.de/politik/auskunftsrecht-verfassungsgericht-staerkt-kontrollrechte-des-bundestags-1.3738737

http://www.bundesverfassungsgericht.de/SharedDocs/Pressemitteilungen/DE/2017/bvg17-094.html

BGH 3 ARs 10/18 – Beschluss vom 6. Februar 2019

Are parliamentary committees able to summon ministers for hearings?

10
 9

Parliamentary committees may summon ministers. Ministers regularly follow invitations and are obliged to answer questions.
 8
 7
 6


The rights of parliamentary committees to summon ministers are slightly limited; ministers occasionally refuse to follow invitations or to answer questions.
 5
 4
 3


The rights of parliamentary committees to summon ministers are considerably limited; ministers frequently refuse to follow invitations or to answer questions.
 2
 1

Parliamentary committees may not summon ministers.
Summoning Ministers
10
Parliamentary committees’ right to summon ministers is established by the Basic Law. Ministers (or their state secretaries) typically attend meetings to which they have been invited. The Basic Law also gives members of the federal government or the Bundesrat the right to be heard in front of the plenum or any committee.

Are parliamentary committees able to summon experts for committee meetings?

10
 9

Parliamentary committees may summon experts.
 8
 7
 6


The rights of parliamentary committees to summon experts are slightly limited.
 5
 4
 3


The rights of parliamentary committees to summon experts are considerably limited.
 2
 1

Parliamentary committees may not summon experts.
Summoning Experts
10
Parliamentary committees are able to hold public hearings at any time, and can summon experts to attend them. This mechanism is regularly used. Rule 70 Section 1 of the Rules of Procedure of the German Bundestag states that “for the purpose of obtaining information on a subject under debate, a committee may hold public hearings of experts, representatives of interest groups and other persons who can furnish information.” Experts are often able to influence parliamentary discussions or ministerial drafts and bring about changes in the draft laws. The number of public hearings is increasing.

Are the task areas and structures of parliamentary committees suited to monitor ministries effectively?

10
 9

The match between the task areas of parliamentary committees and ministries as well as other relevant committee structures are well-suited to the effective monitoring of ministries.
 8
 7
 6


The match/mismatch between the task areas of parliamentary committees and ministries as well as other relevant committee structures are largely suited to the monitoring ministries.
 5
 4
 3


The match/mismatch between the task areas of parliamentary committees and ministries as well as other relevant committee structures are partially suited to the monitoring of ministries.
 2
 1

The match/mismatch between the task areas of parliamentary committees and ministries as well as other relevant committee structures are not at all suited to the monitoring of ministries.
Task Area Congruence
9
In general, the task areas of parliamentary committees and ministries coincide. However, this is not always the case since the Basic Law provides for the establishment of several committees that do not have a ministerial counterpart (including the Committee on the European Union; the Petitions Committee; the Parliamentary Control Panel). Furthermore, several committees sometimes deal with matters that are within the responsibility of a single ministry (e.g., the Committee on Internal Affairs and the Sports Committee both monitor activities performed by the Federal Ministry of the Interior), and a single committee sometimes deals with matters that are not clearly assigned to a single ministry (e.g., the Committee on Digital Affairs). Nonetheless, parliamentary committees’ most important policy areas fully coincide with those of the ministries, which facilitates effective monitoring.

Media

#6

To what extent do media in your country analyze the rationale and impact of public policies?

10
 9

A clear majority of mass media brands focus on high-quality information content analyzing the rationale and impact of public policies.
 8
 7
 6


About one-half of the mass media brands focus on high-quality information content analyzing the rationale and impact of public policies. The rest produces a mix of infotainment and quality information content.
 5
 4
 3


A clear minority of mass media brands focuses on high-quality information content analyzing public policies. Several mass media brands produce superficial infotainment content only.
 2
 1

All mass media brands are dominated by superficial infotainment content.
Media Reporting
8
Public TV and radio broadcasters generally offer in-depth reports on political processes. Competition between the two main public television broadcasters, ARD and ZDF, has forced them to copy the private channels’ successful infotainment and politainment formats. Nevertheless, by international standards, ARD and ZDF in particular but also a number of high-quality radio programs offer citizens the opportunity to obtain a relatively deep knowledge of political decision-making, and their market shares have stabilized in recent years, although television as such is increasingly losing relevance among younger people. The plurality of the country’s television broadcast market is enhanced by the availability of programming from international broadcasters such as CNN, BBC World, CNBC Europe and Al-Jazeera.

There are a number of high-quality newspapers, too, including the Frankfurter Allgemeine Zeitung or Süddeutsche Zeitung and weeklies like Die Zeit and Der Spiegel, all of them providing high-quality background information on domestic and international political developments. Detailed and nuanced information is thus widely available. Moreover, the public broadcasters and high-quality newspapers and weeklies also run websites featuring a considerable amount of information on politics.

Recent opinion polls demonstrate that public trust in the media has increased considerably during the pandemic. In 2020, 56% of Germans expressed trust in media, which marked a 13 percentage point increase over the previous year (43%) (JGU 2021). Trust differs depending on the type of media. High levels of trust are expressed for public television and radio as well as daily newspapers, with the exception of the tabloids. Trust in private TV broadcasters and the internet is low (Jackob et.al. 2019). Nonetheless, according to another recent study, there are differences in the degree of trust accorded to public television depending on respondents’ political orientation. People on the left and the center of the political spectrum trust ARD and ZDF significantly more than do people on the right of the political spectrum (FAZ 2019). Trust also differs with respect to the topic; reports on the pandemic and climate change are met with high levels of trust, while reports on Islam in Germany are met with much lower levels of trust.

Citations:
FAZ (2019): Politkurs von ARD und ZDF: Links von der Mitte, available at: https://www.faz.net/aktuell/feuilleton/medien/reuters-studie-zur-akzeptanz-von-ard-und-zdf-16389494.html

Jackob, N., Schultz, T., Jakobs, I., Ziegele, M., Quiring, O. & Schemer, C. (2019): Medienvertrauen im Zeitalter der Polarisierung. In Media Perspektiven 5/2019, 210-220.

JGU (2021): Langzeitstudie Medienvertrauen, Forschungsergebnisse der Welle 2020, https://medienvertrauen.uni-mainz.de/forschungsergebnisse-der-welle-2020-3/ (accessed: 15 January 2022).

Parties and Interest Associations

#6

How inclusive and open are the major parties in their internal decision-making processes?

10
 9

The party allows all party members and supporters to participate in its decisions on the most important personnel and issues. Lists of candidates and agendas of issues are open.
 8
 7
 6


The party restricts decision-making to party members. In most cases, all party members have the opportunity to participate in decisions on the most important personnel and issues. Lists of candidates and issue agendas are rather open.
 5
 4
 3


The party restricts decision-making to party members. In most cases, a number of elected delegates participate in decisions on the most important personnel and issues. Lists of candidates and issue agendas are largely controlled by the party leadership.
 2
 1

A number of party leaders participate in decisions on the most important personnel and issues. Lists of candidates and issue agendas are fully controlled and drafted by the party leadership.
Intra-party Decision-Making
8
Party leaders are increasingly elected on the basis of votes among all party members, but the procedure changes from time to time. The SPD selected their leaders through a vote of all members in 2019. In 2021, they did so through a party congress. The CDU has selected their leaders at party conventions, including the election of Armin Laschet as the new party head in January 2021. Following his defeat in the general election in September 2021, this procedure has been subject to increasing criticism. In December 2021, the CDU conducted the first general vote among all members to decide on Laschet’s successor, a process that resulted in a majority voiting for Friedrich Merz. Generally, there is thus a clear trend toward ensuring the broad participation of party members in determining leadership, and the selection of party leaders often goes hand in hand with policy decisions. In addition, party conventions are where the toughest and most contested policy issues are discussed and decided on.

To what extent are economic interest associations (e.g., employers, industry, labor) capable of formulating relevant policies?

10
 9

Most interest associations are highly capable of formulating relevant policies.
 8
 7
 6


Many interest associations are highly capable of formulating relevant policies.
 5
 4
 3


Few interest associations are highly capable of formulating relevant policies.
 2
 1

Most interest associations are not capable of formulating relevant policies.
Association Competence (Employers & Unions)
8
Economic interest associations like trade unions or employers’ associations in Germany are well-functioning organizations endowed with rich analytical and lobbying resources. They are definitely able to develop policy strategies and proposals and to present alternatives to current politics. Both trade unions and employers’ association have their own economic think tanks supporting their policy proposals through substantive research on costs and benefits of different options. Furthermore, these organizations also invest substantial resources in lobbying for their positions among the general public and do so successfully. For example, the decision to introduce a general statutory minimum wage had been preceded by trade unions’ extensive public lobbying.

To what extent are non-economic interest associations capable of formulating relevant policies?

10
 9

Most interest associations are highly capable of formulating relevant policies.
 8
 7
 6


Many interest associations are highly capable of formulating relevant policies.
 5
 4
 3


Few interest associations are highly capable of formulating relevant policies.
 2
 1

Most interest associations are not capable of formulating relevant policies.
Association Competence (Others)
8
As of July 2021, the government’s official list contained 2,297 registered associations (Bundestag 2021), which marks a slight decline in numbers relative to 2019. One-third of those can be considered noneconomic interest associations. Within the process of policy formulation, interest-group expertise plays a key role in providing ministerial officials with in-depth information necessary to make decisions. Citizen groups, social movements and grassroots lobbying organizations are increasingly influential actors, particularly at the local level. Policy proposals produced by noneconomic interest groups can be described as reasonable, but their suggestions sometimes appear unrealistic.

Citations:
Bundestag (2021): Bekanntmachung der öffentlichen Liste über die Registrierung von Verbänden und deren Vertretern vom 8. Juni 2021, https://www.bundestag.de/parlament/lobbyliste (accessed: 15 July 2022).

Independent Supervisory Bodies

#9

Does there exist an independent and effective audit office?

10
 9

There exists an effective and independent audit office.
 8
 7
 6


There exists an effective and independent audit office, but its role is slightly limited.
 5
 4
 3


There exists an independent audit office, but its role is considerably limited.
 2
 1

There does not exist an independent and effective audit office.
Audit Office
10
The Federal Court of Audit (FCA) is a supreme federal authority and an independent public body. FCA members enjoy the same degree of independence as the members of the judiciary. Its task is to monitor the budget and the efficiency of state’s financial practices. It submits its annual report directly to the Bundestag, the government and the Bundesrat. The Bundestag and Bundesrat jointly elect the FCA’s president and vice-president, with candidates nominated by the federal government. According to the FCA’s website, around 1,300 court employees “audit the (state) account and determine whether public finances have been properly and efficiently administered,” while the FCA’s “authorized officers shall have access to any information they require” (Federal Budget Act Section 95 Para. 2). The reports regularly receive considerable media attention.
According to critics, however, the strong position of the FCA also leads to risk-averse behavior in ministries and authorities which discourages new approaches and ideas from taking off. In other words, strict control by audit offices may also function as a brake on innovation in public administration (Wiarda 2021, see also Chapter P5.1).

Citations:
https://www.bundesrechnungshof.de

Wiarda, Jan-Martin (2021): Zu deutsch bei Innovationen, in: Der Tagesspiegel 11.07.2021, https://www.tagesspiegel.de/wissen/der-bund-und-seine-forschungsagenturen-zu-deutsch-bei-innovationen/27411266.html (accessed 13 February 2022)

Does there exist an independent and effective ombuds office?

10
 9

There exists an effective and independent ombuds office.
 8
 7
 6


There exists an effective and independent ombuds office, but its advocacy role is slightly limited.
 5
 4
 3


There exists an independent ombuds office, but its advocacy role is considerably limited.
 2
 1

There does not exist an effective and independent ombuds office.
Ombuds Office
7
The standing parliamentary petitions committee is provided for by the Basic Law. As the “seismograph of sentiment” (annotation 2 Blickpunkt Bundestag 2010: 19; own translation), the committee deals with requests and complaints addressed to the Bundestag based on every person’s “right to address written requests or complaints to competent authorities and to the legislature” (Basic Law Art. 17). It is able to make recommendations as to whether the Bundestag should take action on particular matters. Nonetheless, its importance is limited and largely symbolic. However, the committee at least offers a parliamentary point of contact with citizens. According to its 2020 report, some 14,314 petitions were submitted, which is an increase of about 6% relative to the previous year and marks a growing trend relative to past years (Deutscher Bundestag 2021). Two additional parliamentary ombudsmen are concerned with the special requests and complaints made by patients and soldiers. Similar to requests to the Bundestag, citizens can also address petitions committees at the state level or the European Parliament.

Citations:
Deutscher Bundestag (2021): Im Dienst der Bürger, Der Jahresbericht des Petitionsausschusses. Ausgabe 2021.

Is there an independent authority in place that effectively holds government offices accountable for handling issues of data protection and privacy?

10
 9

An independent and effective data protection authority exists.
 8
 7
 6


An independent and effective data protection authority exists, but its role is slightly limited.
 5
 4
 3


A data protection authority exists, but both its independence and effectiveness are strongly limited.
 2
 1

There is no effective and independent data protection office.
Data Protection Authority
9
The Federal Commissioner for Data Protection and Freedom of Information (Bundesbeauftragter für den Datenschutz und die Informationsfreiheit, BfDI) has a long history that dates back to the end of the 1970s. Since January 2016, this institution has been an independent federal authority subject only to parliamentary and judicial control, and is no longer under the authority of the minister of the interior. The independence of the authority’s head is highly protected. A dismissal is possible only with good reason, with standards similar to those that apply to the dismissal of a judge with lifetime tenure. The authority’s budget and staff numbers have increased over time. Since 2016, its staff has increased from 90 to 250 positions (BfDI 2021) by the end of 2020, and further increases are expected. The authority’s task is to oversee the extent to which federal institutions comply with national and European data protection rules.
As one of the strictest countries in Europe regarding data protection, Germany enjoys a solid reputation in this regard (Heydata 2021). However, critics complain that the law is sometimes too narrowly interpreted and that the coexistence of 16 Commissioners for Data Protection (one for each federal state) makes compliance difficult for companies.

Citations:
BfDI (2021): Der Bundesbeauftragte für den Datenschutz und die Informationsfreiheit, 29. Tätigkeitsbericht für den Datenschutz und die Informationsfreiheit.

Heydata (2021): Europa im Datenschutz-Ranking, https://www.heydata.eu/europa-im-datenschutz-ranking (accessed 13 February 2022)
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