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독일 헌법상 연방참사원에 관한 연구

독일 헌법상 연방참사원에 관한 연구 (Loan 4 times)

Material type
단행본
Personal Author
김환학, 연구책임
Corporate Author
한국. 헌법재판소. 헌법재판연구원
Title Statement
독일 헌법상 연방참사원에 관한 연구 / 헌법재판소 헌법재판연구원 [편]
Publication, Distribution, etc
서울 :   헌법재판소 헌법재판연구원,   2016  
Physical Medium
vii, 84 p. : 도표 ; 26 cm
Series Statement
비교헌법연구 ;2016-B-1
General Note
연구책임: 김환학  
Bibliography, Etc. Note
참고문헌: p. 76-79
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005 20161007140847
007 ta
008 160923s2016 ulkd b 000c korYA
040 ▼a 211009 ▼c 211009 ▼d 211009
074 ▼k 33-9750040-000115-01
082 0 4 ▼a 342 ▼2 23
085 ▼a 342 ▼2 DDCK
090 ▼a 342 ▼b 2016z1 ▼c 2016.B.1a
110 ▼a 한국. ▼b 헌법재판소. ▼b 헌법재판연구원
245 1 0 ▼a 독일 헌법상 연방참사원에 관한 연구 / ▼d 헌법재판소 헌법재판연구원 [편]
260 ▼a 서울 : ▼b 헌법재판소 헌법재판연구원, ▼c 2016
300 ▼a vii, 84 p. : ▼b 도표 ; ▼c 26 cm
440 0 0 ▼a 비교헌법연구 ; ▼v 2016-B-1
500 ▼a 연구책임: 김환학
504 ▼a 참고문헌: p. 76-79
700 1 ▼a 김환학, ▼e 연구책임 ▼0 AUTH(211009)60225
910 0 ▼a Constitutional Research Institute, ▼e
945 ▼a KLPA

Holdings Information

No. Location Call Number Accession No. Availability Due Date Make a Reservation Service
No. 1 Location Main Library/Law Library(Books/B1)/ Call Number 342 2016z1 2016.B.1a Accession No. 111761773 Availability Available Due Date Make a Reservation Service B M

Contents information

Table of Contents

Ⅰ. 서 론 / 1
1. 연구의 필요성 ······································································································ 1
2. 연구방향과 내용 ·································································································· 2
Ⅱ. 독일의 연방주의와 연방참사원의 발전사 / 3
1. 독일의 연방국가적 전통과 연방참사원 ···························································· 5
가. 연방국가 이전의 단초 ·················································································· 5
(1) 신성로마제국의 상설제국회의(Immerwährender Reichstag) ················· 5
(2) 1815년 독일연방의 연방회의(Bundesversammlung) ······························ 5
나. 북독일연방과 독일제국의 연방참사원(Bundesrat) ······································ 5
(1) 연방국가로의 발전 ················································································· 5
(2) 비스마르크 체제 하의 연방참사원 ······················································· 6
다. 1919년 바이마르공화국의 연방국가성과 연방참사원(Reichsrat) ·············· 8
(1) 단일국가화 경향 ····················································································· 8
(2) 바이마르 공화국의 연방참사원 ····························································· 9
2. 기본법 하의 연방주의와 연방참사원 ······························································ 10
가. 독일 연방주의의 발전 ················································································ 10
(1) 제1단계: 단일국가적 경향 ··································································· 10
(2) 제2단계: 중앙집중적 추세 정착 ·························································· 11
나. 독일연방공화국의 연방참사원 ··································································· 12
(1) 기본법에의 도입 ··················································································· 12
(2) 기본법 발효 이후의 연방참사원의 발전 ··········································· 15
(가) 통일까지의 발전(1949-1990) ························································· 15
1) 연방참사원 구성의 변화 ························································ 15
2) 연방참사원의 권한확대 ·························································· 15
(나) 1990년 통일의 결과 ······································································ 15
1) 구성원의 증가 ········································································· 15
2) 권한의 강화 ············································································· 16
Ⅲ. 독일연방공화국의 단일국가화경향과 연방주의 개혁 / 17
1. 독일의 연방국가성 ···························································································· 17
가. 연방국가성의 의의 ······················································································ 17
(1) 헌법적 보장 ··························································································· 17
(2) 연방국가의 장점: 다양성 ····································································· 17
나. 연방국가의 유형 ·························································································· 18
다. 연방국가의 3측면 ························································································ 20
2. 단일국가화 경향 ································································································ 20
가. 연방국가와 사회국가의 긴장관계 ····························································· 20
나. 단일국가화의 제도적 계기 ········································································· 22
(1) 입법을 통한 단일국가화 ······································································ 22
(2) 법원의 기본법해석을 통한 단일국가화 ············································· 23
3. 협력적 연방주의의 전개와 문제점 ·································································· 24
가. 정책연계(Politikverflechtung)를 통한 수직적 협력 ··································· 24
나. 수평적 협력 ································································································· 25
다. 협력적 연방국가와 연방참사원 ································································· 25
4. 연방주의 개혁과 연방참사원 ··········································································· 26
가. 연방주의의 가치: 협력과 경쟁 ·································································· 26
나. 독일 연방주의 개혁의 필요성과 가능성 ·················································· 27
(1) 개혁의 압력 ··························································································· 27
(2) 통일 후의 변화 ····················································································· 28
(3) 연방주의 개혁의 방향 ·········································································· 28
(4) 2006년 제1차 연방주의 개혁 ······························································ 29
(가) 개혁의 내용 ··················································································· 29
(나) 결과 ································································································· 30
(5) 제2차 연방주의개혁 ·············································································· 31
(6) 평가 ········································································································ 32
다. 연방주의 개혁과 연방참사원의 권한 ······················································· 32
(1) 유럽협의회(Europakammer)의 절차 ······················································ 32
(2) 동의유보범위의 변경 ············································································ 33
(3) 헌법재판상의 권한확대 ········································································ 33
Ⅳ. 연방참사원의 지위와 구성 / 34
1. 연방참사원의 헌법적 지위 ··············································································· 34
가. 연방의 측면에서 ·························································································· 34
(1) 연방주의적 헌법기관으로서의 연방참사원 ········································ 34
(2) 독립된 최고 연방기관 ·········································································· 35
나. 주(州)의 측면에서 ······················································································· 35
(1) 주(州)협의회(Länderkammer) ································································ 35
(2) 주(州)간의 지위 동등성 ······································································· 35
다. 연방참사원을 중심으로 한 연방과 주(州)의 관계 ·································· 36
(1) 연방의 주(州)에 대한 관여권 ······························································ 36
(2) 주(州)의 연방에 대한 관여권 ······························································ 36
라. 제2원인가? ··································································································· 37
2. 연방참사원의 구성과 운영 ··············································································· 37
가. 연방참사원의 구성원 ·················································································· 38
(1) 주(州)정부의 구성원이 연방참사원의 구성원 ··································· 38
(2) 임명과 소환 ··························································································· 38
(3) 대리 ········································································································ 39
(4) 겸직금지 ································································································· 39
(5) 법적 지위의 보장 ················································································· 39
나. 연방참사원의 내부조직과 운영 ································································· 39
(1) 사무규칙(Geschäftsordnung) ·································································· 39
(2) 총회 ········································································································ 40
(3) 의장단 ···································································································· 40
(4) 위원회 ···································································································· 40
(가) 분과위원회 ····················································································· 41
(나) 유럽협의회 ····················································································· 41
3. 연방참사원의 집행권력적(exekutivisch) 구조 ·················································· 41
가. 통치적(gubernativ) 요소: 주(州)의회와의 관계 ········································· 42
(1) 주(州)정부의 협의회(Kammer) ····························································· 42
(2) 주(州)의회와의 관계 ············································································· 43
(가) 주(州)의회의 연방참사원 통제? ··················································· 43
(나) 연방참사원의 역할 강화 ······························································ 43
(다) 주(州)의회의 약화 ········································································· 44
나. 행정적(administraiv) 요소 ············································································ 44
(1) 연방참사원 위원회의 구성과 운영 ····················································· 45
(2) 행정체계에 의한 주(州)의사 결정 ······················································ 45
다. 연방참사원의 민주적 정당성 ····································································· 45
라. 권력분립의 문제점: 주(州)행정부와 연방입법부? ··································· 46
4. 연방참사원의 의사결정과정 ············································································· 47
가. 연방참사원 의결의 준비: 위원회주간(週間) ············································ 47
(1) 위원회의 조직과 운영 ·········································································· 47
(2) 위원회의 권고 ······················································································· 48
나. 결정의 모색: 조정주간 ··············································································· 48
다. 결정단계: 총회주간 ····················································································· 48
라. 총회 ··············································································································· 49
Ⅴ. 연방참사원의 권한 / 50
1. 연방참사원의 기능과 임무, 권한 ····································································· 50
가. 연방과 주(州)의 매개기능 ·········································································· 50
나. 임무규정(기본법 제50조)의 불완전성 ······················································· 51
2. 입법에 관한 권한 ······························································································ 51
가. 독일의 법률제정절차 ·················································································· 52
(1) 법률안의 제출 ······················································································· 52
(가) 연방정부의 법률안 제출 ······························································ 52
(나) 연방의회 의원에 의한 법률안 제출 ··········································· 53
(다) 연방참사원의 법률안 제출 ··························································· 53
(2) 연방의회의 심의와 의결 ······································································ 53
(3) 연방참사원의 참여 ················································································ 54
(4) 조정위원회 ····························································································· 55
나. 연방참사원의 입법에 관한 권한 ······························································· 56
(1) 연방의회와의 관계 ················································································ 56
(2) 법률제정에 관한 일반적 권한: 동의와 이의 ····································· 57
(가) 법률의 두 유형 ·············································································· 57
(나) 동의가 필요한 법률 ······································································ 58
(3) 법률안발의에 관한 연방참사원의 권한 ············································· 60
(4) 입법에 관한 예외적 권한 ···································································· 60
(가) 입법긴급사태 ················································································· 60
(나) 기본법 제115e조에 따른 비상입법 ············································· 60
3. 행정에 관한 권한 ······························································································ 61
가. 행정입법에 관한 권한: 동의 ······································································ 61
(1) 동의가 필요한 법규명령 ······································································ 62
(가) 교통법규명령 ················································································· 62
(나) 법적 근거 관련적인 동의법규명령 ············································· 63
(다) 집행관련적 동의법규명령 ···························································· 63
(2) 일반적 행정규칙 ··················································································· 64
(가) 행정주체간의 행정규칙 ································································ 64
(나) 자치사무 및 위탁사무에 대한 행정규칙 ···································· 64
나. 연방감독과 연방강제 ·················································································· 65
다. 방위사태 선언 ····························································································· 66
라. 법률에 근거한 공동결정권 ········································································· 66
4. 연방참사원의 국정주도 가능성 ········································································ 66
가. 예산계획 ······································································································· 66
나. 대외정책 ······································································································· 66
다. 헌법기관구성권 ···························································································· 67
(1) 연방의회와 연방정부 ············································································ 67
(2) 연방대통령 ····························································································· 68
(3) 헌법재판관 선출 ··················································································· 68
(4) 법률상의 선출권 ··················································································· 68
라. 사법영역에서도 공동결정권이 인정되는가? ············································ 69
5. 연방참사원의 통제권: 권력분립적 기능 ························································· 69
가. 연방의회에 대한 통제:
연방참사원과 연방의회의 다수파가 엇갈릴 때 ····································· 69
나. 연방정부에 대한 통제 ················································································ 70
(1) 정부발의 법률안 통제 ·········································································· 70
(2) 주(州)행정에 의한 연방행정의 통제와 그 한계 ······························· 71
(3) 정부통제를 위한 권한 ·········································································· 72
(가) 정보권(현황보고) ··········································································· 72
(나) 질의권(Interpellationsrecht) ····························································· 72
(다) 회계보고접수권 ·············································································· 73
(4) 기타 ········································································································ 73
Ⅵ. 결 / 74
❚참고문헌 ······················································································································· 76
❚[도표1] 독일 연방참사원의 의결권 배분 ································································· 80
❚[도표2] 독일의 연방법률 제정 절차 ········································································ 82

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