LA REFORMA CONSTITUCIONAL DE 2009 DE LAS RELACIONES FINANCIERAS ENTRE LA FEDERACIÓN Y LOS LÄNDER EN LA REPÚBLICA FEDERAL DE ALEMANIA

Abstract

On 1 August 2009, the second constitutional reform of German federalismwent into effect. It was sponsored by the large coalition government betweenthe Christian Democratic Union (CDU) and the Social Democratic Party (SPD),headed by Federal Chancellor Angela Merkel. It is a modification of theFundamental Law that affects, above all, the intertwining financial relationshipsbetween the Federation and the Länder. Its scope is more limited thanoriginally foreseen. The most notable element of this reform lies in the introductionof a constitutional limit on the debt capacity of the various partsintegrating the German federal state, as well as the creation of a procedurefor the purpose of preventing emergency budget situations. Furthermore,some mechanisms of cooperation between the Federation and the Länderin the field of Information Technology were formalized. In addition to puttingin context the reasons, objectives and finality of the reform in reference, thispaper will give an exposition of the essential aspects of its content, from adescriptive approach, which includes certain critical annotations

Keywords

• territorial organization of power
• federal state
• German federalism