Gemeinsamer Ausschuss

Laws enacted by the Joint Committee expire automatically six months after the end of the State of Defence, if they have not previously been reconfirmed by the Bundestag and, if applicable, by the Bundesrat.

The provision has been criticised for being able to oust the directly elected Bundestag, in a case where the Joint Committee would vote to establish a state of defense and take power.

Another concern is the combination of members of the Bundestag and Bundesrat, compromising the federal checks and balances system and the separation of powers.

However, the purpose of the Joint Committee is to ensure a democratically legitimate and functioning legislature even during a state of attack, such as a nuclear war.

It is an unusual institution since in many other countries, the constitution simply designates the government (executive) to exercise legislative powers and issue urgent laws during an emergency.

The latter is also a possibility in Germany, according to article 81 of the Constitution ("legislative state of emergency", Gesetzgebungsnotstand), but such laws must also be confirmed by the Bundesrat and the President.