Referentenentwurf

Referentenentwurf is a draft prepared by the staff of a German federal ministry during the internal policy and legislative development process. It represents the initial, technical and legal concept for a proposed law or amendment, drafted by a referent (the policy officer) and their team to articulate the idea, outline the proposed changes and provide a justification.

The referentenentwurf serves as the basis for internal discussion within the ministry and for coordinating policy options. It is used to assess constitutional compatibility, administrative feasibility and financial effects, and to align the proposal with ministerial priorities and coalition agreements. In practice, the referentenentwurf generally precedes the official government draft (Regierungsentwurf). After further internal consultations, legal reviews and ministerial approvals, a refined version is prepared and submitted to the cabinet; from there the government draft is prepared for introduction to the Bundestag or Bundesrat.

The referentenentwurf is typically not intended for public release in its initial form. It is usually treated as confidential until the legislative process advances or the material is incorporated into the official legislative documents. The drafting authority (the Referat) bears responsibility for ensuring coherence with policy objectives and legal soundness.

The term is widely used in German politics and administration to denote an early stage of policy development. It distinguishes the internal, ministry-level draft from later stages such as the Regierungsentwurf, which is the government’s formal proposal to parliament, and from a Gesetzentwurf, which can originate from parliament or other actors.