Every four years the Germans elect their parliamentary representatives to the Bundestag, whose decisions are based on majority rule. The Bundestag decides who is to be the head of the Federal Government.
The Federal President proposes a candidate for the position after consultation of the parliamentary parties.
The election of the Chancellor is governed by Article 63 of the Basic Law (known as the Grundgesetz - GG). It provides that the Chancellor be elected by the Bundestag without debate, on the proposal of the Federal President.
To be elected, the candidate must receive the votes of an absolute majority of the members of the Bundestag, that is, of half the members plus at least one. This is sometimes called a "Chancellor's majority."
Should the candidate not achieve an absolute majority, the Bundestag has 14 days to choose a chancellor itself, in a limited number of ballots. This too, requires an absolute majority (Article 63.3 GG).
If this second stage does not lead to the election of a chancellor, the procedure enters the third stage in which the Bundestag must immediately vote again. In this case the person receiving the highest number of votes (a relative majority) is elected.
Should the Chancellor-elect in fact have been elected by an absolute majority – i.e. by a majority of the members of the Bundestag – then the Federal President must appoint him or her within seven days of the election. If he or she has achieved only a relative majority – simply the highest number of votes – the Federal President must either appoint him or her within seven days or dissolve the Bundestag (Article 63.4 GG).
The Chancellor's tenure of office begins on his or her being given the letter of appointment by the Federal President after the election is concluded. It normally ends with the meeting of a new Bundestag (Article 69 GG).
The Bundestag may however depose the head of government by virtue of a vote of no confidence, but can only do this by at the same time electing a successor (Article 67 GG).
In the history of the Federal Republic, Helmut Kohl is the only chancellor to have been elected as the result of such a constructive vote of no confidence, succeeding Helmut Schmidt in 1982. At the request of the Federal President, a chancellor is obliged to continue to manage affairs until his or her successor has been appointed (Article 69 GG).