38. The Federal Republic of Germany is a democratic and social …

Answer options

1. union of states.
2. federal state.
3. confederation.
4. unitary state.

Explanation

Article 20(1) of the Basic Law defines Germany as a democratic and social federal state. A federal state entails the constituent states (Länder) retaining statehood, a division of competences between Federation and Länder (Arts. 30, 70 et seq. GG), and Länder participation via the Bundesrat (Art. 50 GG). This federal structure and Länder involvement are protected against abolition by the eternity clause in Article 79(3) GG. The Federal Constitutional Court uses “Staatenverbund” to describe the EU (Maastricht, Lisbon judgments) as an intermediate form between confederation and federal state, not a unitary state.