The German federal states (Länder) have taken an initiative that - if successful - would effectively repeal the existing law governing shop opening and closing hours. On 24 September 2004, the second chamber of the German parliament (the Bundesrat) passed a bill in which the federal states demanded that the first chamber (Bundestag) shift the legal competence to regulate shop opening hours from the federal to the state level. In future, the federal states want to have the prerogative to decide if and when shops close. A number of federal states have already announced that they intend to remove all restrictions on shop opening times during the week from Monday to Saturday. Only Sunday trading would remain restricted in principle. Some states, however, have also expressed the wish to allow more Sunday trading. It will probably not be decided before the end of 2004 if the Bundestag will agree to the bill proposed by the Bundesrat
In September 2004, the the second chamber of the German parliament called on the first chamber to transfer the legal competence for regulating shop opening hours from the federal to the individual state level. In future, the federal states want to decide if and when shops close, and some have already announced plans to remove many restrictions on opening hours. This move has been welcomed by retail employers' associations but heavily criticised by the ver.di trade union.
The German federal states (Länder) have taken an initiative that - if successful - would effectively repeal the existing law governing shop opening and closing hours. On 24 September 2004, the second chamber of the German parliament (the Bundesrat) passed a bill in which the federal states demanded that the first chamber (Bundestag) shift the legal competence to regulate shop opening hours from the federal to the state level. In future, the federal states want to have the prerogative to decide if and when shops close. A number of federal states have already announced that they intend to remove all restrictions on shop opening times during the week from Monday to Saturday. Only Sunday trading would remain restricted in principle. Some states, however, have also expressed the wish to allow more Sunday trading. It will probably not be decided before the end of 2004 if the Bundestag will agree to the bill proposed by the Bundesrat
The initiative by the federal states followed a Federal Constitutional Court (Bundesverfassungsgericht) ruling of June 2004 (DE0407103N) which stated that, while current restrictions on shop opening times are constitutional, the federal government could give the federal states the power to overhaul shop opening hours, as the regulation of shop opening times does not necessarily require uniform nationwide legislation. This lead to an initiative by several states, led by Baden-Württemberg, which is effectively aimed at abolishing most of the current restrictions on shop opening times. Several federal states announced that, once given the power, they would like to remove all restrictions on shop opening hours in order to allow 24-hour trading from Monday to Saturday, with only Sunday trading still restricted. Two eastern German states, Brandenburg and Mecklenburg-Vorpommern, also want to allow more Sunday trading, especially in what they consider to be 'tourist regions'. A minority of federal states is still undecided whether to extend shop opening times or to retain the current restrictions.
The Federal Ministry of Economics and Labour (Bundeswirtschaftsministerium) is known to be in favour of the initiative of the federal states but discussions within the governing parties - the Social Democratic Party (Sozialdemokratische Partei Deutschlands, SPD) and Alliance 90/The Greens (Bündnis 90/Die Grünen) - are still underway. It is likely that the matter will be decided within a joint commission of representatives of the federal government and the federal states which has been set up to discuss a new balance between federal and state prerogatives within the constitutional distribution of power.
Representatives of the two major retail employers' associations - the Federal Association of Medium and Large-scale Retail Enterprises (Bundesarbeitsgemeinschaft der Mittel- und Großbetriebe des Einzelhandels, BAG) and the German Retail Federation (Hauptverband des Deutschen Einzelhandels, HDE) - both welcomed the federal states' initiative. HDE, however, warned against any outcome that may lead to a variety of differing regulations, stating that it was necessary to have a uniform extension of shop opening times.
The United Services Union (Vereinte Dienstleistungsgewerkschaft, ver.di) is strongly opposed to any further extension of shop opening times and demands that the federal government rejects this initiative on the part of the Länder. It claims that repeal of the Shop Closing Hours Act (Ladenschlussgesetz) would mean more unsocial hours for shop workers and encourage the replacement of full-time and regular part-time employment by casual and marginal part-time jobs.
Since the Shop Closing Hours Act came into effect in 1956, it has undergone several amendments, which have usually extended opening hours. In 2003, for instance, Saturday opening hours were extended until 20.00 (DE0303203F).
Eurofound recommends citing this publication in the following way.
Eurofound (2004), Federal states want to repeal shop hours law, article.
