The Bavarian State Parliament and the Maximilianeum - An overview of the working method, bodies, history and architecture - Bayerischer ...
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The
Bavarian
State Parliament
and the
Maximilianeum
An overview of the
working method, bodies,
history and architecture
1
Contents Dear reader,
2 The Bavarian State Parliament Bavaria is known and loved throughout the world.
Its participants and bodies Religious and cultural traditions, the diversity and beauty
of its landscapes, but no doubt also a cliché or two have
12 The duties of the State Parliament
contributed and do contribute to this. Bavaria’s political
Five important functions of the parliament
self-assuredness, which has grown since the Middle Ages,
20 Bavaria in the Federal Republic of Germany is a reason for its special role within Germany.
Powers and finances
This brochure invites you to give consideration to
26 The Free State of Bavaria in the European Union
Securing diversity and prosperity in peaceful cooperation the political Bavaria of today. It presents to you the
Parliament of the Free State, the Bavarian State
30 The history of the Bavarian Parliament Parliament, one of the oldest parliaments in Europe,
From its origins to today
whose origins stretch back to the 14th century.
36 The Maximilianeum building
Elaborate seat of the Bavarian State Parliament You can expect insight into the history of the
Parliament and the architecture of its unique seat,
48 The Maximilianeum Foundation
the Maximilianeum. And last but not least, you
Proprietor of the building
can find out interesting information about the academic
52 More information on the Bavarian State Parliament foundation of the same name, which is the proprietor
A service for all interested parties of the building to this day.
56 Imprint
We are pleased that you are interested in these topics!
2 1
The Bavarian State Parliament Members of Parliament
Its participants and bodies In the 17th electoral term (2013 – 2018), the State Parliament consists
of 180 parliamentarians of the Bavarian people. The members of
Parliament represent the people, not just a party or a group of voters.
Their responsibility is towards only their conscience and they are not
bound by assignments. The members of the Bavarian State Parliament
are elected in general, equal, direct and secret election by secret ballot
according to an improved proportional representation (PR) system by
citizens eligible to vote in constituencies and sub-constituencies. The
electoral term lasts five years.
2 3
President of the State Parliament
The President manages the business of the State Parliament and repre-
sents the State in all acts under the law and legal disputes of the State
Parliament. He or she exercises the householder’s rights and police
powers in the State Parliament building. The President conducts the
meetings of the plenary session of the State Parliament and exercises
supervision over the staff of the Office of the Bavarian State Parlia-
ment and the State Commissioner for Data Protection.
Vice Presidents of the State Parliament
The Vice Presidents support the President in discharging his/her
office.
The President of the
Bavarian State Parliament
with the Vice Presidents
(from left to right): Inge
Aures (SPD), Peter Meyer
(FREE VOTERS), Ulrike
Gote (ALLIANCE 90/THE
GREENS), Barbara Stamm Barbara Stamm (CSU)
(CSU), Reinhold Bocklet from Würzburg has been
(CSU) President of the Bavarian
State Parliament since 2008.
4 5
The members of the Council
of Elders (from left to right):
Top: Barbara Stamm (CSU),
President of the Bavarian
State Parliament; Reinhold
Bocklet (CSU), I. Vice
President; Inge Aures (SPD),
II. Vice President;
Peter Meyer (FREE VOTERS),
III. Vice President;
Ulrike Gote (ALLIANCE 90/
THE GREENS), IV. Vice
President
Centre: Thomas Gehring
(ALLIANCE 90/THE
GREENS); Dr Thomas
Goppel (CSU);
The members of the Gote (ALLIANCE 90/THE (SPD), II. Vice President;
Petra Guttenberger (CSU);
Presidium are (from left to GREENS), IV. Vice President; Sylvia Stierstorfer (CSU),
Volkmar Halbleib (SPD);
right): Reserl Sem (CSU), Barbara Stamm (CSU), Secretary; Angelika Schorer
Bernd Kränzle (CSU)
Secretary; Hans Herold President of the Bavarian (CSU), Secretary; Prof
Bottom: Thomas Kreuzer
(CSU), Secretary; Peter State Parliament; Peter Paul Gantzer (SPD),
(CSU); Ludwig Freiherr von
Meyer (FREE VOTERS), Reinhold Bocklet (CSU), Secretary.
Lerchenfeld (CSU); Helga
III. Vice President; Ulrike I. Vice President; Inge Aures
Schmitt-Bussinger (SPD);
Florian Streibl (FREE
VOTERS); Josef Zellmeier
(CSU)
Two important bodies: Presidium and Council of Elders
The Presidium consists of the President, the four Vice Presidents and
the Secretaries.
The latter are members of Parliament, not stenographers. They assist
the respective meeting conductor in the plenary session.
The Presidium is an advisory, supervisory and decision-making
body in administrative matters of the State Parliament. In particu-
lar, it prepares the budget plan of the State Parliament, decides on
construction measures and room allocation in the State Parliament
building and deals with personnel matters pertaining to the staff of
the Office of the Bavarian State Parliament.
The Council of Elders is an advisory and coordinating body in par-
liamentary matters. In particular, it resolves the meeting plan and sets
the time and agenda of the plenary sittings. The designation "Council
of Elders" has nothing to do with age.
6 7
Plenary session (plenary)
A newly elected State Parliament is constituted in its first meeting, in
which it elects the President and the Presidium.
The plenary session takes place in the plenary chamber. This is the
forum of the major debates. Here, bills as well as motions introduced
by the members of Parliament are conclusively discussed and decided
on. So when decisions of the State Parliament are spoken of in the
media, the decisions of the plenary session are always meant.
In addition, the State Parliament discusses important, current top-
ics in Topical Debates, in Major Interpellations to the state govern-
ment, in urgency motions directly introduced to the plenary sitting
and within the framework of government declarations.
As a rule, the plenary session meets on a public basis. The short-
hand writers’ service of the Office of the Bavarian State Parlia-
ment writes verbatim meeting reports that are published as official
State Parliament minutes and can also be viewed on the internet at
www.bayern.landtag.de.
8 9
Parliamentary groups these matters (Art. 5 par. 1 Bavarian Petition Act, BayPetG). As a
rule, the meetings of the committees take place on a public basis. The
Parliamentary groups are unions in the Bavarian State Parliament State Parliament specifies the number of members of a committee.
with their own rights and obligations, which members of the Bavarian The make-up of the committees is determined by the strength of the
State Parliament come together to form. The main task of the parlia- parliamentary groups. They are responsible for the appointment and
mentary groups is to form political will. They prepare comments, de- dismissal of their members. On request (motion) of a fifth of its mem-
velop items for discussion and set out the stance of the parliamentary bers, the State Parliament is obliged to form committees of inquiry.
group in the committees as well as in plenaries.
In the 17th Bavarian State Parliament (2013 – 2018), four parlia-
mentary groups are represented: the Christian Social Union (CSU), Other bodies
the Social Democratic Party of Germany (SPD), the FREE VOTERS
parliamentary group and the AllIAnCE 90/THE GREEnS parlia- The State Parliament can set up study commissions to prepare deci-
mentary group. The government is formed by the CSU, which holds sions on extensive and significant matters pertaining to the Free State
an absolute majority. The SPD, FREE VOTERS and AllIAnCE 90/ of Bavaria and additional commissions for other tasks, such as the
THE GREEnS form the opposition. study commission "Equal living conditions throughout Bavaria" and
the Children’s Commission in the 17th electoral term of the Bavarian
Result of the State Parliament election on State Parliament.
15 September 2013 in Bavaria
To monitor the activity of the Bavarian Office for the Protection of
CSU 47.7% the Constitution, a Parliamentary Control Panel is also established.
SPD 20.6%
FREE VOTERS 9.0%
ALLIANCE 90/THE GREENS 8.6%
FDP 3.3% *
Other 10.8% *
The parliamentary
group chairpersons
of the 17th electoral
Distribution of seats 17th electoral term
term: Hubert Aiwanger
(FREE VOTERS); Thomas
CSU 101 seats
Kreuzer (CSU); Ludwig
SPD 42 seats
Hartmann and Margarete
FREE VOTERS 19 seats
Bause (ALLIANCE 90/
ALLIANCE 90/THE GREENS 18 seats
THE GREENS); Markus
Rinderspacher (SPD)
* Parties not represented in the State
Parliament because they received fewer
than 5% of the votes
Committees
Meeting of the Budget
Committee
Permanent committees are set up for the duration of the electoral
term that are responsible for specific domains (e. g. "State Budget
and Financial Matters", "Constitution, legal and Parliamentary
Affairs", "local Matters, Internal Security and Sport", "Business and
the Media, Infrastructure, Construction and Transport, Energy and
Technology" or "Environment and Consumer Protection"). The total
of thirteen committees have the task of preparing the negotiations
and decisions of the plenary session. Moreover, they discuss citizen
petitions and complaints and in general they decide conclusively on
10 11
The duties of the State Parliament 1. Formation of government
Five important functions of the Parliament The Minister-President is elected within one week after the first meet-
ing of the State Parliament at the latest (Art. 44 par. 1 Bavarian Con-
stitution, BV). The election takes place with a simple majority of the
votes submitted. The members of the state government are appointed
and dismissed by the Minister-President. For this, as well as for the
number and demarcation of the competences of the ministries, he/she
requires the approval of the State Parliament.
The state government consists of the Minister-President and up to
17 ministers of state and state secretaries (Art. 43 par. 2 BV).
Swearing-in ceremony
of Minister-President
Horst Seehofer by
Barbara Stamm, President
of the State Parliament
Swearing-in ceremony of
the members of the cabinet
by Minister-President
Horst Seehofer
12 13
2. Legislation Second Reading
In the Second Reading, a general debate normally takes place. An
Bills can be introduced from within the State Parliament (by indi- individual consultation or an individual vote on individual provisions
vidual members of Parliament or by parliamentary groups), by the of the bill takes place only if this is demanded by a member of the
state government and by the people (in the form of popular petitions). State Parliament or a parliamentary group. Amendments can be made
laws are resolved by the State Parliament, except in the case of until the conclusion of the Second Reading (or the Third Reading).
referendums. Here, it is bound by the Bavarian Constitution and the
Basic law for the Federal Republic of Germany. These set limits to the Third Reading
legislation of the Bavarian State Parliament (see also p. 22 et seqq.). This takes place only upon special request. The basis for the Third
Reading are the decisions of the Second Reading.
Final vote
A law is resolved if it receives the majority of the votes cast (absten-
tions are not counted). laws that change the constitution require a
two-thirds majority as well as a referendum. A quorum requires the
majority of the members of the State Parliament. The presence of a
quorum is assumed as long as it is not doubted by a member of the
State Parliament.
The parliamentary route of legislation Signing, declaration and commencement
The laws that have come into existence in a constitutional manner are
Legislative initiative signed by the Minister-President and are published in the Bavarian
Bills are introduced by the Minister-President in the name of the state law and Ordinance Gazette at the time of their entry into effect.
government or from within the State Parliament (Art. 71 BV). All
bills are submitted to the President of the Bavarian State Parliament
and are then placed on the agenda of the plenary session.
First Reading
In the First Reading in the plenary session, only the fundamental ele-
ments of a bill are discussed. Here, amendments cannot be made. If
the bill is not rejected, the plenary session assigns it to the committee
responsible to handle the matter further.
The committees
First, the bills are discussed in the committee responsible. Subse-
quently, other committees can give them attention (their opinion
is asked for). In the Committee on Constitution, legal and Parlia-
mentary Affairs, the lawfulness of the bills is reviewed (so-called
final consultation). Once the committee deliberations have con-
cluded, a recommendation for a resolution is produced with a re-
port, in which the course of deliberations and results of votes in the
committee responsible and in the committees asked for their opinion
is reported on.
14 15
3. The Parliament’s major legislative right: Income of the Free State of Bavaria €m
in budget year 2014
the budgetary right
total 50,474.1
The budget law occupies an elevated position among the laws on
which the Bavarian State Parliament deliberates and decides. It Segmentation according to income type
1 Taxes and parafiscal charges
creates the financial basis for the work of the state government and the
a) Taxes 38,415.0
administration for the duration of two years (biennial budget). The b) Parafiscal charges 51.7
Bavarian Constitution rules out a referendum on the state budget. 4 total 38,466.7
This too shows the special significance of the budgetary right for the 3
2 Administrative income, income from
debt service and the like 3,448.9
Bavarian Parliament.
3 Income for current purposes
Three quarters of the income of the Free State comes from taxes (esp. from the federal government) 5,823.0
2
and sources similar to taxes (see chart on the following page), which 4 Income for investments,
in Germany are shared by the federal state, the states and the mu- especially financing
income (excluding borrowings
nicipalities according to a complicated process. Besides these, sources
on the loan market) 3,275.5
such as administrative fees or regular allocations (such as from the 1 5 Borrowings on the loan market, net
EU) play only a subordinate role for state income. Avoiding new debt (= debt repayment) − 540.0
is repeatedly a major financial-policy challenge in the budget deli-
berations. Bavaria achieved this objective for the first time in 2006.
new debt has been avoided each year since. In addition, the state has
successfully begun to repay past debt.
Expenditure of the Free State of Bavaria €m
in budget year 2014
total 50,474.1
Segmentation according to areas of responsibility
1 HR expenses
a) Education 11,460.2
b) Police and legal protection 3,099.6
total 20,273.0
2 Expenditure on goods and services
made by administration 2,946.9
7
6 3 Debt service expenses 971.3
5 4 Expenses for current purposes 19,899.8
5 Construction measures
a) State-supported building 802.4
1 b) State-supported road and bridge-building 310.3
total 1,376.2
6 Other expenditure for investments
a) Own investments 395.5
4 b) Measures to promote investment 4,285.0
total 4,680.5
7 Special financing expenditure
3 2 (including spending freezes) 326.4
16 174. Supervisory function 5. Other elective functions and cooperation
in other bodies
A key task of the Bavarian State Parliament is to supervise the state
government and the administration subject to it. For this purpose, The members of the Bavarian Constitutional Court are elected by the
in accordance with Art. 24 BV the Bavarian State Parliament and its State Parliament. The State Parliament elects the President of the Ba-
committees can demand the appearance of the Minister-President and varian High Court of Auditors and the State Commissioner for Data
any member of the state government. On the other hand, the mem- Protection upon the proposal of the state government. Due to special
bers of the state government and the commissioners appointed by it legal regulations, members of the Bavarian State Parliament form part
have access to all meetings of the State Parliament and its committees. of bodies including the Broadcasting Council, the Media Council,
They must be listened to during the consultation at any time, even if the State Monument Council, the State Sport Advisory Council, the
the agenda does not plan for this. So that it can fulfil its supervisory State Health Council, the Advisory Council for Information and
function effectively, the members of the State Parliament are entitled Communication Technology, the Foundation Council of the "Baye-
to a comprehensive right to ask questions and to information towards rische landesstiftung" [Bavarian State Foundation] and the advisory
the state government. A further task of the State Parliament is the boards of the individual penal institutions.
discharge of the state government with regard to the budget execution
of the year expired regulated in Art. 80 BV.
The right of petition is also part of the supervisory function. Any-
one can direct requests and complaints to the State Parliament. The
petitions give the Parliament an overview of current problems, espe-
cially of hardships and cases of doubt that exist with regard to law
enforcement.
Each citizen can now also
submit a petition online on
the website of the Bavarian
State Parliament.
Number of petitions in the
recent electoral terms
14,301
15,788
14,466
14,082
11,311
15,424
16,065
18,000
16,000
14,000 Meeting of the Committee
12,000 on Petitions and Complaints
("Petitions Committee")
10,000
8,000
6,000
4,000
2,000
0
10 11 12 13 14 15 16 electoral term
18 19Bavaria in the A political system run according to federal principles fulfils the re-
quirements of regional diversity and caters to the efforts of the states
Federal Republic of Germany and regions towards the greatest possible scope for shaping their own
politics. The German federal system has proved its effectiveness. It
Powers and finances
was the basis for the successful establishment of our political system
after 1945 and it also promotes the development of the Federal Re-
public of Germany within the framework of the European Union.
Schleswig-
Holstein
Mecklenburg-Western
Hamburg Pomerania
Bremen
Brandenburg
Lower Saxony
Berlin
North Rhine- Saxony-Anhalt
Westphalia
Saxony
Hesse Thuringia
Rhineland-
Palatinate
Saarland
Bavaria
Baden-
Württemberg
20 21Distribution of legislative powers between the federal state Concurrent legislative powers (Art. 72 and 74 GG)
and the Länder (federal states) The länder have legislative authority (only) if and as long as the fed-
eral state does not become active. Here, a distinction is to be made
After the Second World War, the federal states formed first. These between laws with and laws without the so-called "necessity clause".
have state character. The states approved the Basic law (Germany's The necessity clause is an additional requirement for the federal legis-
federal constitution), giving rise to the formation of the Federal lator becoming active. In the areas mentioned in Art. 72 par. 2 GG,
Republic of Germany. The federal constitution divides the legisla- the federal legislator may become active only if and as long as a federal
tive powers between the federal state and the länder (Art. 70 – 74 law is required for the creation of equal living conditions in the fed-
Basic law, German: Grundgesetz – GG). In 2006, the so-called eral territory or on the preservation of legal or economic unity in the
"Federalism Reform I" made these powers more transparent, among interests of the state as a whole. Concurrent legislative powers include,
other impacts, and made the legislation more efficient overall. for example,
As a matter of principle, the länder have exclusive right of legisla-
tion if the Basic law does not allocate legislative power to the federal without necessity clause with necessity clause
state, i.e. in all the areas not mentioned in the Basic law. However, • Civil law • Right of residence
in the past the state parliaments’ scope for legislative influence was • Criminal law for foreign citizens
reduced further, partly due to the extensive practice of federal legis- • Registration of births, • Commercial law
lation and partly due to the directives and ordinances issued by the marriages and deaths • Road traffic
European Union. However, the core powers of the federal states • Law of associations • Food law
remained unaffected. • Labour law
The following powers apply: Alternative legislation (Art. 72 par. 3 GG)
In the framework of concurrent legislation, länder can become legis-
Exclusive legislative power of the Federation (Art. 71 and 73 GG) latively active themselves in certain areas if the federal state has al-
The Basic law established areas in which only the federal state may ready issued laws in these areas, e.g.
become active, e.g.
• hunting
• Foreign affairs • in certain areas of nature protection and water law
• Defence, civil protection • university admission and degrees
• Citizenship
• Passports, registration and identification
• Currency and money
• Customs and foreign trade
• Federal railways and air traffic
• Postal system and telecommunications
• Generation and use of nuclear energy
22 23Exclusive legislative power of the federal states Distribution of funds between
In the areas not mentioned in Art. 70 – 74 GG, the Free State of the federal state and the Länder
Bavaria has sole legislative power, e.g.
A key requirement for the functioning of the federal system is that
• culture the funds be divided appropriately between the federal state and the
• schooling and education länder. Both levels have their own sources of taxes. For example, the
• municipalities federal state is entitled to important excise duties, in particular en-
• police ergy tax (previously mineral oil tax), insurance tax, tobacco tax and
• right of assembly recently also motor vehicle tax. The länder and their municipalities
• service law (with the exception of status rights and duties) receive, in particular, the revenue from property acquisition tax, in-
• law on social care homes heritance tax and trade tax. On the other hand, the major taxes on
• restaurant law income (wage and income tax, corporation tax) and valued added tax,
• press, broadcasting and new media which constitute combined federal and länder taxes, represent the
lion’s share of tax revenue. They are received – with legally stipulated
On 1 August 2009, the so-called "Federalism Reform II" entered into proportions in each case – by the federal state, the länder and their
effect. The most important agreements were a general new debt pro- municipalities.
hibition for the länder, a debt threshold for the federal state and an A system of federal state financial balance is to ensure balanced
early warning system in order to detect the drifting off of the public distribution of finances between the federal state and the länder.
budgets into a crisis situation at an early stage. This financial balance extends from the distribution of the share of
the länder in value added tax to the Financial Equalisation Scheme
between the German länder (see chart) to additional federal state
allocations to weakly performing länder.
Financial Equalisation Scheme between the
German Länder 2013 (in € m)
Donor states Recipient states
Bavaria − 4,319.9 87.1 Hamburg
Baden-Württemberg − 2,428.6 106.1 Lower Saxony
Hesse − 1,710.5 137.9 Saarland
169.1 Schleswig-Holstein
242.9 Rhineland-Palatinate
464.2 Mecklenburg-Western
8,459 Pomerania
521.4 Brandenburg
547.0 Thuringia
562.9 Saxony-Anhalt
588.6 Bremen
692.6 North Rhine-Westphalia
1,001.6 Saxony
Source: Bayerisches Staatsministerium der Finanzen, 3,337.5 Berlin
für Landesentwicklung und Heimat [Bavarian State
Ministry of Finance, State Development and Regional
Affairs]
24 25The Free State of Bavaria Subsidiarity and independence of the regions
as the fundamental concern of Bavarian Europe policy
in the European Union
The Free State of Bavaria is expressly committed to a united Europe.
Securing diversity and prosperity in peaceful cooperation
With the Constitutional Reform Act of 20 February 1998, decided by
referendum, this state objective obtained constitutional status
in article 3a of the Bavarian Constitution.
From the beginning, peaceful cooperation between the European
states after two devastating world wars, cooperation in economic and
political areas, joint actions with respect to problems that could be
tackled only together and a strong, mutually supportive community
were the motive and guiding principle for the European unification
process. Global challenges of the 21st century such as climate change,
terrorism and financial crisis show that we need the community of
European states more than ever. located in the centre of the EU, Ba-
varia benefits from European unification to a particular degree. The
EU guarantees Bavaria and Germany peace, freedom and prosperity,
now and in the future. Therefore, Bavaria gives its firm support to
internal EU integration.
However, Bavaria opposes a "unitary European state" and insists
on the strict application of the subsidiarity principle. According to
this principle, the European Union may intervene and/or take legisla-
tive action only in such areas that cannot be regulated sufficiently at
local, regional or national level. Hence, standardisation and harmoni-
sation may exist only where they are essential. The differences be-
tween the EU member states and regions as well as their independence
must be preserved at all costs. Only they guarantee the linguistic,
cultural, economic and political diversity in unity that makes Europe
strong and attractive.
26 27Collaboration of the Bavarian State Parliament in Europe can take legal action against EU legal instruments that infringe upon
the subsidiarity principle. The Free State of Bavaria is represented in the
The consequence of the increasing significance of European policy for the Committee of the Regions by the State Minister for European Affairs
federal states and the extension of EU regulations and provisions to many and Regional Relations. Her deputy is a member of the Bavarian State
areas of national law is that the Bavarian State Parliament too needs to Parliament. Incidentally, the institution of the committee in 1994 was the
give increasing attention to plans of the European Union. For this pur- result of a Bavarian initiative.
pose, an "information committee on federal affairs and European issues"
was set up by decision of the State Parliament as early as 1978. Today,
the "Committee on Federal and European Affairs and Interregional Re- The Bavarian members of the European Parliament
lations" is one of the 13 permanent specialised committees of the State
Parliament. The areas of responsibility of the body – which currently con- The 12 members of the European Parliament from Bavaria who were elec-
sists of 18 members of Parliament – include all fundamental topics and ted into the parliament in the 2014 European elections also act as repre-
issues related to the European Union, e.g. changes to its contractual foun- sentatives of Bavarian interests. At present, the CSU has five MEPs, the
dations, the expansion and financing of the EU, public services, cross- SPD three, while AllIAnCE 90/THE GREEnS, the FREE VOTERS,
border and regional cooperation, etc. In the event of new EU plans, the DIE lInKE and the ÖDP each have one.
committee examines to what extent they are relevant to Bavaria and, if
appropriate, arranges for consultation on them in the State Parliament. In More information at www.europarl.de
particular, the committee examines all new EU legislation proposals as to
whether they comply with the subsidiarity principle and, if appropriate,
it urges the state government to assert concerns regarding subsidiarity in
the Bundesrat. In this way, citizen closeness to the EU is also promoted.
Since 1 January 2014, the State Parliament has had the opportunity - Meeting of the Committee
in EU matters and according to the Bavarian Constitution – to bind the on Federal and European
Affairs and Interregional
state government by law in its constitutional duties if its right of legisla- Relations
tion is affected by the transfer of sovereign rights to the EU. If the right
of legislation is affected by an EU plan, the state government must give
significant consideration to any stance of the State Parliament. Further
details on the state government’s involvement of the Bavarian State Parli-
ament is regulated by the Parliament Involvement Act.
Since 2010, the Bavarian State Parliament has also maintained its own
State Parliament Office in Brussels. This office informs the Bavarian State
Parliament directly regarding the happenings in the European Union so
that it can make effective use of its opportunities to voice its opinions.
Committee of the Regions (CoR)
An important EU body for introducing Bavarian interests to the Euro-
pean level is the Committee of the Regions (CoR). This advisory body,
which currently has 353 members (thereof 24 from Germany and thereof,
in turn, one from Bavaria) lends a voice to the particular concerns of the
regions (i.e. for example the German federal states) and municipalities
in the EU. It adopts a stance on EU plans with regional and municipal
significance and is given a hearing by the Council of Ministers, the Com-
mission and the European Parliament. The Committee of the Regions
28 29The history of the Bavarian The Bavarian State Parliament is one of Germany’s oldest parliaments.
It is one of the most important contributors to the development of
Parliament European parliamentarianism. Its origins stretch back to the begin-
ning of the 14th century. The first steps towards its creation took place
From its origins to today in lower Bavaria.
1311 1508
"The Ottonian Hand- At the beginning of
fast" of 15 June marked the 16th century, the
the beginning of duchies of Upper and
Bavaria’s parliamen- lower Bavaria were
tary history. Otto III, reunited. In the "De-
Duke of lower Bavaria/ clared State Freedom"
landshut, of the House of 11 September 1508,
of Wittelsbach, urgently all rights of the Estates
required money. For granted in the sub-
this, the lower Bavari- duchies until that point
an nobility approved a were established for the
new tax; however, at the entire duchy. This docu-
same time, it had its own ment ("Declared State
rights (e.g. summary Freedom") formed
jurisdiction) confir- the basis for Bavaria’s
med. This document Estate constitution for
became the basis for the 300 years.
freedoms of the three
"landstände" (Estates)
of nobility, clergy and
cities. These Estates were
also called "landschaft"
(territorial assembly of
estates).
0
0
0
0
0
0
13
14
15
30 31Opening of the first Departure of King
assembly of the estates Maximilian II from the
of the Kingdom of Bavaria State Parliament building
on 4 February 1819 in Prannerstraße after the
opening of the State Parlia-
ment on 22 March 1848
1669 1808 1818 1848 1881 1907
The time of princely When Bavaria was King Max I Joseph now A new election law led Secret election by secret For the first time, the
absolutism forced the near to entering state saw himself forced to to the introduction of ballot of the members of complete Chamber of
power of the Estates bankruptcy during the issued a new constituti- constituencies and the the State Parliament was Deputies was directly
back again. However, napoleonic Wars, only on. Based on the English disappearance of the introduced. elected. Only males of
this process had already a modern constitution model, it stipulated an voter class division. 25 years of age or older
been introduced during with a parliament now assembly of the estates District clauses were had the right to vote.
the long rule of Elector seemed to guarantee the with two chambers. The also cancelled. Every
Maximilian I (1573 unity of the state and 1st chamber – that of the taxpaying, male citizen 1918
to 1651). orderly finances. Hence "Reichsräte" (Imperial of 25 years of age or The end of the First
on 1 May, King Max I Councils) – consisted of older received the right World War also brought
In 1669, the Old Bava- Joseph issued a constitu- members by virtue of bir- to vote. the end of the consti-
rian "state parliament" tion that granted certain th, wealth, office or royal tutional monarchy.
met for the last time. basic civil rights. The appointment. The 2nd 1849 In the revolutionary
After that, it was never old "landschaft" was chamber consisted of – The Bavarian Parliament night between 7 and 8
convened again. Only a dissolved. The planned partly indirectly – elected officially received the november, Bavaria was
"permanent committee" national representation parliamentarians from name "landtag". From declared a republic. King
continued to conduct remained undone. the nobility, the clergy, 1819 to 1934, the seat of ludwig III fled. Kurt
the business that the the bourgeoisie and the the State Parliament was Eisner, the leader of the
Parliament had done farming community. the building at Pranner- USPD (Independent
– until the beginning straße 20 (near Prome- Social Democratic Party
of the 19th century. 1819 nadeplatz) in Munich. of Germany), became
nominally, the rights On 4 February, the King the first Minister-Presi-
and freedoms of the opened the first assembly dent of the new republic
Estates remained intact. of the estates. The meeting (Free State).
periods were called "land-
tag" [state parliament].
The main task of the
assembly of the estates was
0
0
0
to organise the state finan-
0
0
0
19
18
ces and to set the budget.
17
32 33Meeting of the Constitutio- The Constitution of the
nal State Assembly in the Free State of Bavaria; publi-
assembly hall of Munich cation in Bavarian Law and
University in 1946 Ordinance Gazette no. 23
of 8 December 1946
1919 1933 1946 1949
On 12 January, the On 28 and 29 April, After the Second World of the two-chamber In January, the Bavarian
Bavarian people elected the Bavarian State Parlia- War, democratic parties system was taken up State Parliament and the
a State Parliament that ment came together were allowed again by again. On 1 December, Bavarian Senate moved
was a pillar of popular for the last time. The the American military the people approved into the renovated Maxi-
sovereignty in the com- national Socialists had government. On 26 the new constitution milianeum. Since then,
plete sense for the first already assumed power February, an "Advisory and elected a new State "Maximilianeum" and
time. Women now also in Berlin. State Committee" met Parliament at the same "Bavarian Parliament"
had the right to vote. in the assembly hall of time. Since the old State have become synonyms.
When unrest broke out 1934 Munich University as Parliament building on
in Munich following the An "imperial law" of a pre-parliament. At Prannerstraße had been
murder of Kurt Eisner, 30 January abolished all that time, Dr Wilhelm completely destroyed,
the State Parliament and state parliaments. Hoegner had been the newly elected Par-
the government with- installed as Minister- liament initially met at
drew to Bamberg. There, President by the military Munich University, at
a new Bavarian Con- government. Then, on the Brunnenhof Theatre
stitution entered into 30 June, a Constitutio- of the Munich Residenz
force. It provided for nal State Assembly was and in the Sophiensaal
only one chamber – the elected for the first time hall of the Regional Tax
State Parliament. in Bavaria’s history. It Office.
was made up of mem- Celebration of the 60th
anniversary of the Bavarian
bers of the CSU, SPD,
Constitution
FDP and KPD parties.
With the creation of
the Bavarian Senate,
the Bavarian tradition
5
3
4
3
19
19
34 35The Maximilianeum building Planning and construction history
Elaborate seat of the Bavarian State Parliament In 1839, in his list of projects he wanted to carry out after his ele-
vation to the throne (1848), Crown Prince Maximilian included an
expansion of the city towards the east by means of a new road. This
plan took on more concrete forms in 1851 when architect Friedrich
Bürklein presented King Max II’s plans "concerning the beautifica-
tion of Munich". These plans defined this link between Munich’s
Old Town and Haidhausen as a succession of road, "forum", bridges
and "acropolis" for the first time. In 1853, construction began on the
approximately 1,200 metre long "neue Straße", which was officially
called "Maximilianstraße" from 1858. In 1858, city councillor for
building and construction Arnold Zenetti put bridges across the Isar
and Prater Island. In order to give Munich’s new boulevard a har-
monious appearance, Max II mandated architects to design model
façades. Here, they were to adhere to a new style prescribed by the
king, the so-called Maximilian style: based on the English neo-
Gothic style, modern construction technology was to be used to unite
the best from all historical art periods.
Planning of the Maximilianeum took place parallel to that of
Maximilianstraße. In 1850, Max II decided to set up an international
architectural competition "concerning the creation of a construc-
tion plan for a higher education and teaching institute". Friedrich
Bürklein (1813–1872) was commissioned, he having shown with the
city beauti fication plan how well he was able to cater to the king’s
ideas. On 5 October 1857, Max II laid the foundation stone. In Feb-
ruary 1864, shortly before his surprising death, the king decreed a
change of plan due to growing criticism, even though the middle sec-
tion of the west structure had already grown above the first floor.
The planned pointed arches had to make way for neo-Renaissance
arches (see image p. 39), while the pilaster strips had to make way for
an order of columns. The planning and construction history of the
Maximilianeum thus marks both the beginning and the end of the
Maximilian style. In 1874, construction was finally complete.
Until 1918, the Maximilianeum housed the royal paedagogium,
in addition to the academic foundation (see p. 48 et seqq.) and a his-
toric gallery. Until shortly before the end of the Second World War,
the Munich art exhibition was shown in the gallery rooms, while in
the arcades "Munich’s highest café" invited guests to enjoy a splen-
36 37did panorama. However, parts of the building were then destroyed
in air attacks. So it was a piece of good fortune that the Bavarian
State Parlia ment made the Maximilianeum its seat in 1949, although
corresponding changes had to be made in the gallery rooms.
In 1958/59 and 1964/65, the so-called north and south new buil-
dings with office rooms and meeting halls were added on the east
side to relieve the Parliament’s need for space. These north and south
buildings were expanded until October 1994. In 1993, the under-
ground car park was commissioned and in 1998 the building provid-
ing access from the underground car park into the old building was
commissioned. In the process, the historic foundation stone of the
Maximilianeum was found. The contents of the foundation stone –
gold coins, portraits of the royal founder couple and the model of a
locomotive – are on display in the Stone Hall of the Maximilianeum.
In 2004/05, the plenary chamber was completely redesigned, while at
the same time a "Room of Silence" was installed.
The problem of limited space intensified with the State Parliament
elections in 2008, when five parliamentary groups moved into the
State Parliament for the first time. For this reason, the Maximilia-
The arcades offer some of neum was increased in size with the northern extension in 2012. It
the most beautiful views of
is based on the passive house standard, thus fulfilling the expecta-
Munich.
tions of a modern office building in exemplary fashion, especially with
respect to energy efficiency. With its façade made of terra-cotta and
glass, the building inserts itself precisely into the existing ensemble.
However, due to its cubic structure it simultaneously lays claim to its
architectural independence.
Pen and ink drawing of the
Maximilianeum by Friedrich
Bürklein, here still with the
originally planned pointed
arches
Friedrich Bürklein had initi-
ally made his name as a train
station architect.
Finding of the foundation
stone: the model of the type
range Patentee, the oldest
locomotive model still exis-
ting in Germany
38 39The exterior and its works of art On the southern risalit, the liberation of Vienna from the Turks is
presented as a work of the art of war. In turn, the war trophies at the
The broad structure, made accessible in effective fashion by a wide en- side refer to the iconographic programme of the room located here.
trance, lifts up dominantly like a gloriette above the east bank of the The 22 busts over the lower row of arcades portrait "Benefactors,
Isar. The flat-covered front, which settles on a high base, is composed inventors, wise men, literati, statesmen and generals" (to the north:
of a slightly concave middle section and two straight lateral wings. from Homer to Franz von Assisi; to the south: from Gustav II Adolf to
The equal series of round arches of the two floors are each bordered by Pythagoras).
a three-storey, open tower at the side.
The works of art on the western façade, which can be seen from a
long distance, proclaim the programme of the original "higher educa-
tion and teaching institute". For instance the mosaics on the median
risalit (see image below p. 41) show the foundation of Ettal Abbey
by Emperor ludwig IV as an example of the religiosity and charity Bust of the Attic speaker
and politician Demosthenes
of the Bavarian dynasty, flanked by the opening of the university in
(384 – 322 BC)
Ingolstadt and the victory of the poet Wolfram von Eschenbach in the
"Sängerkrieg" (minstrel contest) at the Wartburg castle as examples of
the science and art flourishing in Bavaria. The mosaics of the northern
risalit highlight the House of Wittelsbach’s Treaty of Pavia as an
exemplary statesmanlike achievement. The science tools depicted at
the side refer to the fresco cycle of the hall found below.
Mosaics on the median
risalit of the western façade.
Above, goddesses of victory
Nike and Victoria with
festoons and palm branches
40 41The interior and its furnishings documentation has been accessible at a computer terminal since Janu-
ary 2008 and complements a commemorative plaque installed in the
Guests entering the Maximilianeum through the main portal on the cloister in May 2007 (see below left). Both are to contribute to pre-
west side are received by a vestibule. A look up the stairs reveals a serving the memory of the democratic resistance in Bavaria to the
monumental late Gothic crucifix from Chieming. There are several national Socialist dictatorship.
marble busts on the landing and in the gallery. Hanging on the side walls of the Stone Hall, in addition to the
At the halfway stage, the staircase divides into two flights, which portraits of the young King Max II by Julius Zimmermann and of
lead to the open arcades of the Stone Hall. Here in the so-called the first Bavarian king Max I Joseph by Moritz Kellerhoven, are two
cloister is historical documentation unique in its form. It contains huge paintings on canvas: to the south, "Coronation of Charlemagne"
individually readable victim biographies of 316 members of Bavarian by Friedrich Kaulbach (1861) and to the north, "The Imperial Coro-
parliaments who suffered at the hands of the nazi dictatorship. The nation of ludwig of Bavaria" by August von Kreling (1859). They
Commemorative plaque in
honour of the parliamenta- Bust made of Carrara mar-
rians who resisted the Nazi ble: Augustus, first Roman
dictatorship emperor (63 BC – 14 AD)
42 43are remnants of a work commissioned by King Maximilian II – once
comprising 30 oil paintings – with important events of global history
(from the fall of man to the Battle of leipzig).
The Stone Hall has four portals, with the south-eastern portal
leading to the plenary chamber of the Bavarian State Parliament. The
north-eastern portal forms the access to the so-called Senate Hall.
This hall served as a meeting room for the Bavarian Senate (the former
"second chamber" of the Bavarian Parliament). As of 1 January 2000,
the Bavarian Senate was abolished by means of a referendum.
The north-western portal of the Stone Hall leads to the nor thern
colonnade, the so-called Presidents’ Corridor. Its name is taken from
the portraits of the State Presidents that have been in office since
1946. The corridor leads to what is now the conference room, which
is used for receptions and meetings of the Council of Elders of the
State Parlia ment (see image, right). Hanging on the eastern wall of
the middle room is a fresco created by Engelbert Seibertz, which
depicts the Maxi milianeum in neo-Gothic forms before the plan
change in 1864. It shows the imaginary introduction of Alexander
von Humboldt into a group of famous men from the fields of art and
science in Bavaria (see image on the following pages). The other wall
surfaces hold a series of pictures painted by Georg Hiltensperger,
of six benefactors and six inventors. These paintings were intended
to complement a bust cycle that once stretched along the northern
and southern colonnades like in a hall of fame. The reading room at
the end of the southern colonnade forms the counterpart to the con-
ference room. The frescos on its eastern side were lost, these having
shown in the centre a meeting of important statesmen at the time of
the Congress of Vienna. Today, Karl Theodor von Piloty’s oil sketch
of the façade mosaic of the Sängerkrieg at the Wartburg castle can
be seen in their place. Friedrich Pecht’s paintings on the other walls
represent six European generals and six European statesmen.
Conference room of the
Bavarian State Parliament
with fresco
44 451 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
1 Ignaz von Döllinger 4 Joseph von Fraunhofer 9 Justus von Liebig 11 Carl Ritter 15 Emanuel von Geibel 18 Franz Lachner
2 Friedrich von Hermann 5 Lorenz von Westenrieder 10 Alexander von Humboldt 12 Wilhelm von Kaulbach 16 Ludwig von 19 Franz Xaver von Baader
3 Leo von Klenze 6 Johann Georg von Lori 13 Wilhelm von Doenniges Schwanthaler 20 Franz von Kobell
7 Friedrich von Thiersch 14 Leopold von Ranke 17 August Graf von
8 Friedrich Wilhelm von Platen-Hallermünde
Schelling
46 47The Maximilianeum Foundation The building is owned by the Maximilianeum Foundation. The Bava-
rian State Parliament is only the tenant.
Proprietor of the building When he was crown prince, Maximilian II of Bavaria (1811–1864)
already drew up the plan to construct "a large national building at the
high bank of the Isar near Munich" in order to "elevate the monarchi-
cal, national volksgeist". This was soon joined by the idea of an "ath-
enaeum", an institute with the objective of "helping talented young
Bavarian men (of any social status) to achieve the level of academic
and intellectual education that is required in order to fulfil the higher
responsibilities of state service". Unfortunately, Max II did not live to
experience the completion of the institute building and the founda-
tion did not even obtain legal form until his son and successor ludwig
II was ruling.
According to the document of 1876, the Maximilianeum building as
well as a gallery with historical paintings and marble busts belong to
the foundation to this day.
Following the end of the monarchy in 1918, the protectorate of the
Maximilianeum Foundation was transferred to ludwig-Maximilians-
Universität München. This has remained so to this day. The Maxi mi-
lianeum Foundation currently supports a total of 25 male secondary
school graduates. In addition, the "Wittelsbacher Jubiläums-Stif-
tung" foundation (established in 1980) is currently enabling 20 highly
ta lented female secondary school graduates to obtain a scholarship.
Since the institute was founded, approximately 800 students have
been supported by the two foundations. Famous beneficiaries of the
Maximilianeum Foundation have included Bavarian Minister-Presi-
dents Eugen Ritter von Knilling (1865–1927) and Franz Josef Strauß
(1915–1988) as well as Werner Heisenberg, winner of the nobel Prize
in Physics (1901–1976).
48 4950 51
More information Visit to the Maximilianeum
on the Bavarian State Parliament Individuals can participate in committee meetings or plenary sittings
A service for all interested parties
without prior registration, as long as spaces are available (personal
identification or a passport must be presented). The building cannot
be visited without an invitation from the Office of the Bavarian State
Parliament. Groups can visit the Bavarian State Parliament after re-
gistering and upon invitation by the Office of the Bavarian State Par-
Information material liament. Requests to visit the building must be presented in writing
and as far in advance as possible. Guests are attended to by the visitor
The Bavarian State Parliament has a large amount of information service of the Office of the Bavarian State Parliament.
material for you that is provided free of charge. This material can be A special programme is offered to Bavarian school classes as part of
ordered by post, by fax, by e-mail, by telephone or on our website. the "educational support" scheme. Due to high demand, registration
You can find all the information you need under "Contact" on the in good time (in the first few weeks of the school year!) is required.
following page. You can also download many of the publications in The "educational support" scheme would be happy to inform you re-
PDF format on our website. garding further conditions.
Contact
The Bavarian State Parliament online
Bayerischer Landtag Visitors’ Service
Landtagsamt Telephone +49 89 4126-2705 or -2336
The website of the Bavarian State Parliament offers you web TV, Referat P V School class visits
offering live broadcasts of plenary sittings and recordings of past Öffentlichkeitsarbeit, Besucher paed.betreuung@bayern.landtag.de
Maximilianeum Orders
meetings (video archive). The current plenary proceedings can be
Max-Planck-Straße 1 Telephone +49 89 4126-2191 or -2602
followed under "Plenum Online". In addition, you can view meeting 81675 München
plans and agendas, search for minutes of meetings, bills, motions and Postal address: For questions about the
decisions of the Parliament (Document Research), read information Maximilianeum Bavarian State Parliament
81627 München Central Information Point of the Office
about the history of the Parliament and the Maximilianeum building
of the Bavarian State Parliament
and find biographies and addresses of all members of Parliament as Fax +49 89 4126-1767 Telephone +49 89 4126-2268
well as much more information. oeffentlichkeitsarbeit@bayern.landtag.de informationsstelle@bayern.landtag.de
last but not least, you can subscribe to our newsletter, which
offers you current reports from the plenary sittings and committee
meetings as well as pieces on events and further happenings in the
Maximilianeum.
www.bayern.landtag.de
52 5354 55
Publisher: Bayerischer Landtag Landtagsamt Abteilung Parlamentarische Dienste Maximilianeum Max-Planck-Straße 1 81675 München Postal address: Bayerischer Landtag 81627 München Telephone +49 89 4126-0 Fax +49 89 4126-1392 landtag@bayern.landtag.de www.bayern.landtag.de As of: October 2014 1st version 17th electoral term (2013 – 2018) Photos: Image archive of the Bavarian State Parliament Rolf Poss (unless otherwise indicated) Title photo: dpa Page 16, 19 above, 23: Fotolia Design: Büro für Gestaltung Wangler & Abele, München Print: Dimetria-VdK gGmbH, Straubing 56 3
www.bayern.landtag.de 4
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