Minister-President of Lower Saxony

Gerhard Schröder (here with US President George W. Bush) was Minister President of Lower Saxony (1990-1998) before becoming Chancellor

The Minister President is elected by the Legislative Assembly, by a majority of its members in a secret ballot.[9] However, he does not have to be a Member of the Legislative Assembly.[10] The only restriction is that the Minister President may not be a Member of the Bundestag. Before assuming his duties, the Minister President-elect takes the following oath before the Members of the Legislative Assembly:

"I swear that I will devote my strength to the people and the state, preserve and defend the Basic Law of the Federal Republic of Germany and the constitution of Lower Saxony as well as the laws, perform my duties conscientiously and exercise justice towards all people." (The oath may be taken with or without the affirmation "So help me God")

Upon election, the Minister President then appoints his Cabinet which requires subsequent confirmation by the Legislative Assembly.[11] In practical terms, the confirmation of the cabinet is an essential requirement for the Minister President to govern, as until then the cabinet departments would be run by the (possibly defeated) predecessors.[12] The Minister President can be removed by the Legislative Assembly, through a constructive vote of no confidence – namely the election of a successor.[13] To this day, no vote of no-confidence has succeeded in the Lower Saxony Legislative Assembly, with the last attempt being made in November 1988.[14]

Ernst Albrecht, (second from left) seen here during a 1978 visit by King Hussein of Jordan to the Volkswagen plant in Wolfsburg, was Lower Saxony's sixth Minister President.

According to the Lower Saxony Constitution, the Minister President is the effective leader of the State Government, being responsible for the determination and formulation of policy guidelines.[15] In this context, he chairs the cabinet meetings and may cast a tie-breaking vote in case of a stalemate between the ministers. Additionally, the Minister President also represents the State of Lower Saxony externally and exercises the right of clemency in individual criminal cases.[16] In titular terms, the Minister President is also regarded as head of the state of Lower Saxony, thereby taking precedence over officials like the Speaker of the Lower Saxony Legislative Assembly.[17]

The Minister President, like the other members of the State Government, is not a civil servant—his salary is regulated by law. Like his ministers, the Minister President is subject to the Lower Saxony Ministers Act, which regulates matters of salary, confidentiality and ethics.[18] Furthermore, the Minister President signs treaties made by the State of Lower Saxony and has to be consulted by other cabinet members prior to the start of any negotiations.[19] The Minister President is also authorized to appoint one of his cabinet members as his deputy in case of absence or illness. The only currently known instance of a Deputy Minister President taking over the duties of Minister President was in July 2010, when Jörg Bode (FDP) served as Acting Minister President in the interval between Christian Wulff's election as President of Germany and David McAllister's confirmation as Minister President on 1 July 2010.[20] Meetings of the Cabinet traditionally take place in the guesthouse of the Lower Saxony Government, located close to the Hanover Zoological Gardens.[21]

The State Chancellery in Hanover is the official residence of the Minister President of Lower Saxony

The Minister President of Lower Saxony, like his fellow Minister President in their respective states, has the staff of the State Chancellery at his disposal. The State Chancellery assists the Minister President in the preparation of draft legislation, the management of day-to-day government business and the coordination of media policy for the entire state.[22] Additionally, it is responsible for relations to the other states in Germany and the European Union.

The State Chancellery, by convention, is headed by a state secretary appointed by the Minister President. The current incumbent is Jörg Mielke. Under the McAllister administration, the State Chancellery was divided into four overall departments (Department 1: Policy Guidelines, Department 2: Legal/Administration/Media, Department 3: Europe/International Cooperation, Department 4: Lower Saxony Representation to the Federal Government). While each of these departments is headed by a separate section head, the Press and Information Office is under the direct purview of the Minister President.[23]