7. A Tale of Three Cities—The Stadtstaat in German Constitutional Law

German cities, as distinct legal entities, share a rich history going back to Roman times. They are a very visible feature of the country’s multipolar brand of federalism, though formally part of the second tier of (state) government, and shape not only the daily lives of many citizens but also their legal interaction with public authorities in a wide range of policy areas. This chapter examines the status of cities under German constitutional law, focusing on the three city-states (Stadtstaaten) of Berlin, Hamburg and Bremen. These Stadtstaaten are not only municipalities but also Länder (states) and as such participate in the dynamics and safeguards of German federalism. For historical reasons, they enjoy considerable constitutional, legislative, administrative and judicial independence. At the same time, there is an ongoing debate, motivated by questions of economic viability, on a merger of these Stadtstaaten with other states. Berlin, Hamburg and Bremen are also struggling to preserve their national constitutional prerogatives in relation to the European Union. In another noteworthy development, citizens are increasingly invoking socio-economic guarantees at state level, which offer more protection than the German Basic Law (Grundgesetz, BL).