Berlin. Warmth of heart and approachability, a legal state exam or intimate knowledge of Berlin politics? What does Federal President Frank-Walter Steinmeier's successor actually have to bring to her role as number 1 in the state? And what can happen to Ilse Aigner if she is elected on January 30th - as is now foreseeable?
One thing is certain: in turbulent times with a narrow majority, the head of state could play a stronger role in the political process than before - even if the options enshrined in the Basic Law are limited.
The first head of state, Theodor Heuss, was already concerned with the question of what requirements the highest state office places on its holder and how it should be filled. In a speech after his election in 1949, he saw the meaning of this office as being “to be present as a balancing force above the struggles that are coming, that are necessary, that represent a part of political life.”
Back then, Heuss could have had no idea of the power of the political struggles today. There is therefore a consensus across parties that Steinmeier's successor should above all have integrative skills.
“Right now it is important to give people orientation, to regain trust in the state's institutions and to contribute to the internal unity of our country,” says North Rhine-Westphalia Prime Minister Hendrik Wüst (CDU). And his colleague Cem Özdemir (Greens) from Baden-Württemberg adds: “Especially when the divisions in the country are becoming deeper, we need a personality who builds bridges and brings people together.”
Steinmeier had to experience how difficult this is. He explicitly offered himself as a bridge builder when he applied for a second term in May 2021. The corona pandemic had left deep wounds in society, he said at the time. “I want to help heal these wounds.” Since then, however, the polarization of society has increased rather than decreased.
The shrinking of the political center means that forming a government is becoming more difficult - as can currently be seen in Saxony-Anhalt. In the federal government, the head of state is likely to be more in demand as a crisis manager than before.
Steinmeier showed what this role could look like when the explorations to form a Jamaica coalition failed after the 2017 federal election. Under no circumstances did the SPD want to enter into a coalition with the Union again. The first comrades thought about a minority government. The specter of new elections was around. In this situation, Steinmeier resorted to a political lecture.
“Anyone who is running for political responsibility in elections must not shirk when it is in their hands,” he explained. “I expect everyone to be willing to talk in order to make it possible to form a government in the foreseeable future.” Steinmeier had the party and faction leaders come to Bellevue Palace one after the other. In the end, the CDU, CSU and SPD came together to form a coalition.
Steinmeier's successful intervention at that time was based largely on his authority and acceptance among those involved. And on the self-image of being an anchor of stability for democracy. These qualities will also be in demand from his successor. However, the Basic Law also provides the Federal President with a number of legal instruments, especially when forming a government.
According to Article 63 of the Basic Law, it is the Federal President who makes a proposal to the Bundestag for the election of the Federal Chancellor. He is also the one who appoints the elected person and his cabinet. The Federal President receives further powers if no candidate receives the necessary chancellor majority in the first round of voting and then within a 14-day period in further rounds of voting in the Bundestag. Then a simple majority is sufficient in another round of voting.
The Federal President can appoint the person elected in this way - but he does not have to. Alternatively, he can dissolve the Bundestag. Just as, according to Article 68 of the Basic Law, he can, but does not have to, dissolve the Bundestag within 21 days after a vote of confidence from a Chancellor has been lost at his suggestion.
Not appoint a chancellor who was only elected by a simple majority? Ignore a Chancellor's proposal to dissolve the Bundestag? That would be a novelty in the history of the Federal Republic. If political conditions become more unstable, questions of this kind could certainly arise for future heads of state.
This also involves complicated constitutional issues, which led to the demand that the new head of state must be a lawyer. Aigner is an electrical engineer. A shortcoming? Not really. One of the 16 departments in the Federal President's Office is the legal department, and there are many lawyers among the agency's more than 200 employees. And in the crisis following the Jamaica failure, even the lawyer Steinmeier sought advice from the President of the Federal Constitutional Court, Andreas Voßkuhle.
