Prime Minister of Lower Saxony

The Minister-President of Lower Saxony^[2][3] (German: Ministerpräsident des Landes Niedersachsen), also referred to as Premier or Prime Minister, is the head of government of the German state of Lower Saxony. The position was created in 1946, when the states of Brunswick, Oldenburg, Schaumburg-Lippe and the State of Hanover were merged to form the state of Lower Saxony. The current Premier is David McAllister, heading a coalition government between the conservative CDU and the liberal FDP. McAllister succeeded Christian Wulff, who stepped down upon being elected President of Germany.

The office of the Premier is known as the State Chancellery (German: Staatskanzlei), and is located in the capital of Hanover, along with the rest of the cabinet departments.

Title

The German title Ministerpräsident may also be translated literally as Minister-President, although the state government consistently uses the title Prime Minister in English.^[2][3] An alternate title that is also used in English unofficially is Premier.^{[4][5][6][7][8][9]}

Origin of the Office

After the Second World War, the states of Brunswick, Oldenburg, Schaumburg-Lippe and the State of Hanover were administered as part of the zone allocated to the British military administration. With the passage of time, the British government began to back the advocates of a merger of the states. Hinrich Wilhelm Kopf, who went on to become Lower Saxony's first premier was a fervent advocate of the merger towards the British military authorities. On 23 October 1946, the British administration announced that they would support a merger of the states, as proposed by Kopf.^[10]

Consequently, the four states were merged to form the state of Lower Saxony via Ordinance No. 55 of 1 November 1946. Article 3 of the Ordinance created the position of Premier:

"Subject to the provisions of any legislation which may be enacted pursuant to this Ordinance, the executive authority of Lower Saxony shall be exercised by a Cabinet, the Head of which shall be known as 'Ministerpräsident'"

Article 4 of Ordinance No. 55 stipulated the appointment of the premier by the military government, until the holding of free Legislative Assembly elections in 1947. The British military administration then appointed Hinrich Wilhelm Kopf, the erstwhile Premier of the former State of Hanover, to serve as the first Premier of Lower Saxony.

Constitutional Practice

Election and Removal

The Premier is elected by the Legislative Assembly, by a majority of its members in a secret ballot.^[11] However, unlike his counterpart in North-Rhine Westphalia, for instance, he does not have to be a Member of the Legislative Assembly.^[12] The only restriction is that the Premier may not be a Member of the Bundestag. Before assuming his duties, the Premier-elect takes the following oath before the Members of the Legislative Assembly:

„I swear that I will devote my strength to the people and the state, preserve and defend the Basic Law of the Federal Republic of Germany and the constitution of Lower Saxony as well as the laws, perform my duties conscientiously and exercise justice towards all people." (The oath may be taken with or without the affirmation "So help me God")

Upon election, the Premier then appoints his Cabinet which requires subsequent confirmation by the Legislative Assembly.^[13] In practical terms, the confirmation of the cabinet is an essential requirement for the Premier to govern, as until then the cabinet departments would be run by the (possibly defeated) predecessors.^[14] The Premier can be removed by the Legislative Assembly, through a constructive vote of no confidence - namely the election of a successor.^[15] To this day, no vote of no-confidence has succeeded in the Lower Saxony Legislative Assembly, with the last attempt being made in November 1988.^[16]

Powers and Status

According to the Lower Saxony Constitution, the Premier is the effective leader of the State Government, being responsible for the determination and formulation of policy guidelines.^[17] In this context, he chairs the cabinet meetings and may cast a tie-breaking vote in case of a stalemate between the ministers. Additionally, the Premier also represents the State of Lower Saxony externally and exercises the right of clemency in individual criminal cases.^[18] In titular terms, the Premier is also regarded as head of the state of Lower Saxony, thereby taking precedence over officials like the Speaker of the Lower Saxony Legislative Assembly.^[19]

The Premier, like the other members of the State Government, is not a civil servant - his salary is regulated by law. Like his ministers, the Premier is subject to the Lower Saxony Ministers Act, which regulates matters of salary, confidentiality and ethics.^[20] Furthermore, the Premier signs treaties made by the State of Lower Saxony and has to be consulted prior by other cabinet members prior to the start of any negotiations.^[21] The Premier is also authorized to appoint one of his cabinet members as his deputy in case of absence or illness. The only currently known instance of a Deputy Premier taking over the duties of Premier was in July 2010, when Jörg Bode (FDP) served as Acting Premier in the interval between Christian Wulff's election as President of Germany and David McAllister's confirmation as Premier on 1 July 2010.^[22] Meetings of the Cabinet traditionally take place in the guesthouse of the Lower Saxony Government, located close to the Hanover Zoological Gardens.^[23]

The Role of the State Chancellery

The Premier of Lower Saxony, like his fellow premiers in their respective states, has the staff of the State Chancellery at his disposal. The State Chancellery assists the Premier in the preparation of draft legislation, the management of day-to-day government business and the coordination of media policy for the entire state.^[24] Additionally, it is responsible for relations to the other states in Germany and the European Union.

The State Chancellery, by convention, is headed by a state secretary appointed by the Premier. The current incumbent is Christine Hawighorst (CDU). Under the McAllister administration, the State Chancellery is divided into four overall departments (Department 1: Policy Guidelines, Department 2: Legal/Administration/Media, Department 3: Europe/International Cooperation, Department 4: Lower Saxony Representation to the Federal Government). While each of these departments is headed by a separate section head, the Press and Information Office is under the direct purview of the Premier.^[25]

Role in German Politics

As the leader of one of Germany's territorially largest and most populous states, the Premier of Lower Saxony has traditionally been a major player in federal politics: The state's first Premier, Hinrich Wilhelm Kopf often used the Bundesrat as a forum to oppose the policies of the Adenauer government. Alfred Kubel, one of Kopf's successors, played a major role in negotiating a compromise between all German states on the creation of a national fiscal transfer mechanism (Länderfinanzausgleich). Premier Ernst Albrecht, contrary to prevailing majority opinion in his own party, advocated and voted for the ratification of the treaties around which Willy Brandt's Ostpolitik was centred.^[26]

Ernst Albrecht was a candidate for the CDU nomination for President in 1979 and Chancellor in 1980, Gerhard Schröder became Chancellor of Germany in 1998, his successor Sigmar Gabriel is the current SPD chairman and Christian Wulff was elected President of Germany in 2010. Examples of Lower Saxony's influence on policy debates in federal politics include Ernst Albrecht's advocacy of financial transfers from other states and Gerhard Schröder's usage of Lower Saxony's Bundesrat votes in matters of fiscal and tax policy.^[27]

The Premiers of Lower Saxony

References

External links

• State Chancellery