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Die asymmetrische neuverflechtung der kompetenzordnung durch die deutsche "Föderalismusreform I" [Reflections on whether the recent reform of German federalism will indeed lead to increased democratic accountability of the federal and state legislatures]

The 2006 reform of German Federalism aimed to increase the democratic accountability of the Federal and State legislatures by cutting back the Federal Parliament’s legislative powers and ostensibly limiting the Federal Council’s power to veto legislation. This article attempts to demonstrate that the reform has resulted in a high degree of legal uncertainty; this arguably encourages State and Federal Governments to negotiate the content of controversial bills. In addition the article shows that the limitation of the Federal Council’s veto power was not as far-reaching as has been stated in the literature. The article concludes that for these reasons the reform likely failed to achieve its stated aim.