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Basic Law for the Federal Republic of Germany

Preamble

Conscious of their responsibility before GodInvocatio_Dei and men, moved by the

purpose to serve world peace as an equal part in a unified Europe, the German People

have adopted, by virtue of their constituent power, this Constitution. The Germans in the States [Länder] of Baden-Wurttemberg, Bavaria, Berlin, Brandenburg, Bremen,

Hamburg, Hesse, Lower Saxony, Mecklenburg-Western Pomerania, North Rhine-

Westphalia, Rhineland-Palatinate, Saarland, Saxony, Saxony-Anhalt, Schleswig-

Holstein and Thuringia have achieved the unity and freedom of Germany in free self-

determination. This Constitution is thus valid for the entire German People.


Chapter I -- Basic Rights


Article 1 [Human Dignity]

(1) Human dignity is inviolable. To respect and protect it is the duty of al state authority.

(2) The German People therefore acknowledge inviolable and inalienable human rights

as the basis of every human community, of peace, and of justice in the world.

(3) The fol owing basic rights are binding on legislature, executive, and judiciary as

directly valid law.


Article 2 [Liberty]

(1) Everyone has the right to free development of his personality insofar as he does not violate the rights of others or offend against the constitutional order or morality.

(2) Everyone has the right to life and to physical integrity. The freedom of the person is inviolable. Intrusion on these rights may only be made pursuant to a statute.


Article 3 [Equality]

(1) All humans are equal before the law.

(2) Men and women are equal. The state supports the effective realization of equality of women and men and works towards abolishing present disadvantages.

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(3) No one may be disadvantaged or favored because of his sex, parentage, race,

language, homeland and origin, his faith, or his religious or political opinions. No one may be disadvantaged because of his handicap.


Article 4 [Faith, Religion, Conscience, Creed]

(1) Freedom of creed, of conscience, and freedom to profess a religious or non-religious faith are inviolable.

(2) The undisturbed practice of religion is guaranteed.

(3) No one may be compelled against his conscience to render war service involving the

use of arms. Details are regulated by a federal statute.


Article 5 [Expression]

(1) Everyone has the right to freely express and disseminate his opinion in speech,

writing, and pictures and to freely inform himself from general y accessible sources.

Freedom of the press and freedom of reporting by means of broadcasts and films are

guaranteed. There may be no censorship.

(2) These rights are subject to limitations in the provisions of general statutes, in

statutory provisions for the protection of the youth, and in the right to personal honor.

(3) Art and science, research and teaching are free. The freedom of teaching does not

release from al egiance to the constitution.


Article 6 [Marriage, Family, Children Out of Wedlock]

(1) Marriage and family are under the special protection of the state.

(2) Care and upbringing of children are the natural right of the parents and primarily

their duty. The state supervises the exercise of the same.

(3) Against the will of the persons entitled to their upbringing, children may only be

separated from the family, pursuant to a statute, where those so entitled failed or where, for other reasons, the children are endangered to become seriously neglected.

(4) Every mother is entitled to protection by and care of the community.

(5) Children out of wedlock, by legislation, have to be provided with the same conditions for their physical and mental development and for their place in society as are legitimate children.


Article 7 [Education]

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(1) The entire schooling system stands under the supervision of the state.

(2) Persons entitled to the upbringing of a child have the right to decide whether the

child has to attend religion classes.

(3) Religion classes form part of the ordinary curriculum in state schools, except for

secular schools. Without prejudice to the state's right of supervision, religious instruction is given in accordance with the tenets of the religious communities. No teacher may be

obliged against his will to give religious instruction.

(4) The right to establish private schools is guaranteed. Private schools, as a substitute for state schools, require the approval of the state and are subject to the statutes of the States [Länder]. Such approval has to be given where private schools are not inferior to the state schools in their educational aims, their facilities, and the professional training of their teaching staff, and where segregation of pupils according to the means of their parents is not encouraged. Approval has to be withheld where the economic and legal

position of the teaching staff is not sufficiently assured.

(5) A private elementary school has to be permitted only where the education authority

finds that it serves a special pedagogic interest, or where, on the application of persons entitled to upbringing of children, it is to be established as an interdenominational school or as a school based on a particular religious or non-religious faith and only if a state elementary school of this type does not exist in the commune.

(6) Preliminary schools remain abolished.


Article 8 [Assembly]

(1) All Germans have the right, without prior notification or permission, to assemble

peaceably and unarmed.

(2) With regard to openair assemblies, this right may be restricted by or pursuant to a statute.


Article 9 [Association]

(1) All Germans have the right to form clubs and societies.

(2) Associations, the purposes or activities of which conflict with criminal statutes or which are directed against the constitutional order or the concept of international

understanding, are prohibited.

(3) The right to form associations to safeguard and improve working and economic

conditions is guaranteed to everyone and for all professions. Agreements which restrict or seek to impair this right are null and void, measures directed to this end are il egal.

Measures taken pursuant to Articles 12a, 35 II & III, 87a IV, or 91 may not be directed

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against industrial conflicts engaged in by associations to safeguard and improve

working and economic conditions in the sense of the first sentence of this paragraph.


Article 10 [Letters, Mail, Telecommunication]

(1) The privacy of letters as well as the secrecy of post and telecommunication are

inviolable.

(2) Restrictions may only be ordered pursuant to a statute. Where a restriction serves

the protection of the free democratic basic order or the existence or security of the

Federation or a State [Land], the statute may stipulate that the person affected shal not be informed and that recourse to the courts shall be replaced by a review of the case by bodies and auxiliary bodies appointed by Parliament.


Article 11 [Movement]

(1) All Germans enjoy freedom of movement throughout the federal territory.

(2) This right may be restricted only by or pursuant to a statute and only in cases in

which an adequate basis for personal existence is lacking and special burdens would

result therefrom for the community, or in which such restriction is necessary to avert an imminent danger to the existence or the free democratic basic order of the Federation or a State [Land], to combat the danger of epidemics, to deal with natural disasters or

particularly grave accidents, to protect young people from neglect, or to prevent crime.


Article 12 [Work, Forced Labor]

(1) All Germans have the right to freely choose their occupation, their place of work, and their place of study or training. The practice of an occupation can be regulated by or

pursuant to a statute.

(2) No person may be forced to perform work of a particular kind except within the

framework of a traditional compulsory community service that applies general y and

equally to all.

(3) Forced labor may be imposed only on persons deprived of their liberty by court

sentence.


Article 12a [Military and Other Service]

(1) Males who have attained the age of eighteen years can be required to serve in the

Armed Forces, in the Federal Border Guard, or in a civil defense organization.

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(2) A person who refuses, on grounds of conscience, to render war service involving the use of arms can be required to render a substitute service. The duration of such

substitute service may not exceed the duration of military service. Details are regulated by a statute which may not interfere with the freedom to take a decision based on

conscience and which must also provide for the possibility of a substitute service not

connected with units of the Armed Forces or of the Federal Border Guard.

(3) Persons liable to military service who are not required to render service pursuant to Paragraph I or II can, during a state of defense, be assigned by or pursuant to a statute to an employment involving civilian services for defense purposes, including the

protection of the civilian population; assignments to employments subject to public law are only admissible for the purpose of discharging police functions or such other

functions of public administration as can only be discharged by persons employed

under public law. Employments according to the first sentence of this paragraph can

also be established with the Armed Forces, in the area of their supply services, or with public administrative authorities; assignments to employment connected with supply

services for the civilian population are only admissible to provide for their vital provisions or to guarantee their safety.

(4) Where, during a state of defense, civilian service requirements in the civilian health system or in the stationary military hospital organization cannot be met on a voluntary basis, women between eighteen and fiftyfive years of age can be assigned to such

services by or pursuant to a statute. They may in no case be obliged to render service

involving the use of arms.

(5) Prior to the existence of a state of defense, assignments under Paragraph III may

only be made where the requirements of Article 80a I are satisfied. To prepare services mentioned in Paragraph III for which special knowledge or skil s are required, persons

can be obliged by or pursuant to a statute to attend training courses. Insofar, the first sentence of this paragraph does not apply.

(6) Where, during a state of defense, staffing requirements for the purposes referred to in Paragraph III 1 cannot be met on a voluntary basis, the freedom of Germans to quit

the pursuit of his occupation or quit his place of work may be restricted by or pursuant to a statute in order to meet these requirements. Paragraph V 1 equal y applies prior to the existence of a state of defense.


Article 13 [Home]

(1) The home is inviolable.

(2) Searches may be ordered only by a judge or, in the event of danger resulting from

any delay, by other organs legally specified, and they may be carried out only in the

form prescribed by law.

(3) If specific facts lead to the assumption that someone has committed a very grave

crime, technical means of eavesdropping in homes where that person probably stays

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may be ordered by court if the investigation by other means would be unproportionally

obstructed or without chance of success. The measure has to be limited. The order is

issued by a court of three justices. In the event of danger resulting from any delay, the order can be issued by a single judge.

(4) To avoid urgent danger to public safety, particularly general or mortal danger,

technical means of eavesdropping in homes may only be used on the order of a judge.

In the event of danger resulting form any delay, those actions may be ordered by other

authorities empowered by law; the subsequent decision of a judge has to be arranged

for without delay.

(5) In the case of technical means being exclusively ordered for the protection of

investigators during their activity in homes, the measure can be ordered by those

authorities empowered by law. Evidence from such investigation may be used for other

purposes only to conduct criminal prosecution or avoid danger and only if the legality of the measure has been stated by court order; in the event of danger resulting form any

delay, a subsequent court order has to be arranged for without delay.

(6) The Government provides yearly reports to the House of Representatives

[Bundestag] about those measures conducted according to Paragraph III as well as

according to Paragraph IV and, as far as court orders are necessary, Paragraph V in the domain of federal authority. A committee elected by the House of Representatives

[Bundestag] conducts parliamentary control on the basis of this report. The States

[Länder] provide for equivalent control.

(7) Intrusions and restrictions may otherwise only be made to avert a general danger or a mortal danger to individuals, or, pursuant to a statute, to prevent present danger to public safety and order, particularly to relieve a housing shortage, to combat the danger of epidemics, or to protect endangered juveniles.


Article 14 [Property, Inheritance, Expropriation]

(1) Property and the right of inheritance are guaranteed. Their content and limits are

determined by statute.

(2) Property imposes duties. Its use should also serve the public weal.

(3) Expropriation is only permissible for the public good. It may be imposed only by or pursuant to a statute regulating the nature and extent of compensation. Such

compensation has to be determined by establishing an equitable balance between the

public interest and the interests of those affected. Regarding disputes about the amount of compensation, recourse to the courts of ordinary jurisdiction is available.


Article 15 [Socialization]

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Land, natural resources, and means of production can, for the purpose of socialization, be transferred to public ownership or other forms of collective enterprise by a statute regulating the nature and extent of compensation. Regarding such compensation,

Article 14 III 3 & 4 also applies.


Article 16 [Citizenship, Extradition]

(1) German citizenship may not be taken away. The loss of citizenship may only be

imposed pursuant to a statute and against the will of the person affected only where

such person does not become stateless as a result thereof.

(2) No German may be extradited to a foreign country. The law can provide otherwise

for extraditions to a member state of the European Union or to an international court of justice as long as the rule of law is upheld.


Article 16a [Asylum]

(1) Persons persecuted on political grounds enjoy the right of asylum.

(2) The right of Paragraph I cannot claim who enters from a European Communities

country or from another country where the application of the Convention on the Legal

Status of Refugees and the Convention to Protect Human Rights and Civil Liberties is

ensured. Countries outside of the European Communities for which the prerequisites of

the first sentence hold true are determined by a statute requiring the consent of the

Senate [Bundesrat]. In the cases of the first sentence, measures to end a stay can be

effectuated independent of recourse to the course sought against these measures.

(3) By statute requiring the consent of the Senate [Bundesrat], countries can be

determined in which on the basis of law, law application, or general political conditions it seems to be guaranteed that neither persecution on political grounds nor inhuman or

derogatory punishment and treatment takes place. A foreigner from such a state is

presumed to not being persecuted unless he asserts facts supporting that, contrary to

this presumption, he is politically persecuted.

(4) The effectuation of measures to end a stay will, in the cases of Paragraph III and in other cases where the claim to stay is obviously unfounded or is regarded as obviously

unfounded, only be suspended by court order if serious doubts arise concerning the

legality of the measure; the scope of scrutiny can be limited and delayed assertions

ignored. Details are regulated by a statute.

(5) Paragraphs I to IV are not contrary to public law contracts of European Communities member states among each other and with other countries which, honoring the

obligations arising from the Convention on the Legal Status of Refugees and the

Convention to Protect Human Rights and Civil Liberties the application of which has to

be ensured in the contracting countries, regulate responsibilities to examine claims of asylum including mutual acknowledgement of asylum decisions.

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Article 17 [Petition]

Everyone has the right, individual y or jointly with others, to address written requests or complaints to the competent agencies and to parliaments.


Article 17a [Defense and Substitute Service]

(1) Statutes concerning military service and substitute service can, by provisions

applying to members of the Armed Forces and of the substitute services during their

period of military or substitute service, restrict the basic right to freely express and disseminate opinions in speech, writing, and pictures (first halfsentence of Article 5 I), the basic right of assembly (Article 8), and the right of petition (Article 17) insofar as this right permits the submission of requests or complaints jointly with others.

(2) Statutes serving defense purposes including the protection of the civilian population can provide for the restriction of the basic rights of freedom of movement (Article 11) and inviolability of the home (Article 13).


Article 18 [Forfeiture of Basic Rights]

Whoever abuses freedom of expression of opinion, in particular freedom of the press

(Article 5 I), freedom of teaching (Article 5 III), freedom of assembly (Article 8), freedom of association (Article 9), privacy of letters and secrecy of post and telecommunication (Article 10), property (Article 14), or the right to asylum (Article 16a) in order to combat the free democratic basic order forfeits these basic rights. Such forfeiture and the extent thereof is determined by the Federal Constitutional Court.


Article 19 [Restriction of Basic Rights]

(1) Insofar as a basic right may, under this Constitution, be restricted by or pursuant to a statute, such statute must apply generally and not solely to an individual case.

Furthermore, such statute must name the basic right, indicating the relevant Article.

(2) In no case may the essence of a basic right be infringed.

(3) Basic rights also apply to domestic corporations to the extent that the nature of such rights permits.

(4) Should any person's rights be violated by public authority, recourse to the court is open to him. Insofar as no other jurisdiction has been established, recourse is available to the courts of ordinary jurisdiction. Article 10 II 2 is not affected by the provisions of this paragraph.

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Chapter II -- Federation and States


Article 20 [Basic Principles of State, Resistance]

(1) The Federal Republic of Germany is a democratic and social federalFederalism

state.

(2) All state authority emanates from the people. It is being exercised by the people

through elections and voting and by specific organs of the legislature, the executive

power, and the judiciary.

(3) Legislation is subject to the constitutional order; the executive and the judiciary are bound by law and justice.

(4) All Germans have the right to resist any person seeking to abolish this constitutional order, should no other remedy be possible.


Article 20a [Protection of Natural Resources]

The state, also in its responsibility for future generationsIntergenerational_Equity,

protects the natural foundations of life and the animals in the framework of the

constitutional order, by legislation and, according to law and justice, by executive and judiciary.


Article 21 [Political Parties]

(1) The political parties participate in the forming of the political will of the people. They may be freely established. Their internal organization must conform to democratic

principles. They have to publicly account for the sources and use of their funds and for their assets.

(2) Parties which, by reason of their aims or the behavior of their adherents, seek to

impair or abolish the free democratic basic order or to endanger the existence of the

Federal Republic of Germany are unconstitutional. The Federal Constitutional Court

decides on the question of unconstitutionality.

(3) Details are regulated by federal statutes.


Article 22 [Capital, Federal Flag]

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(1) The capital of the Federal Republic of Germany is Berlin. The representation of the whole state in the capital is a task of the federation. Details are regulated by federal statute.

(2) The federal flag is black, red, and gold.


Article 23 [European Union]

(1) To realize a unified Europe, Germany participates in the development of the

European Union which is bound to democratic, rule of law, social, and federal principles as well as the principle of subsidiarity and provides a protection of fundamental rights essentially equivalent to that of this Constitution. The federation can, for this purpose and with the consent of the Senate [Bundesrat], delegate sovereign powers. Article 79 II

& III is applicable for the foundation of the European Union as well as for changes in its contractual bases and comparable regulations by which the content of this Constitution

is changed or amended or by which such changes or amendments are authorized.

(1a) The House of Representatives [Bundestag] and the Senate [Bundesrat] have the

right to challenge violations of the principle of subsidiarity by legislative acts of the European Union before the Court of the European Union. The House of

Representatives [Bundestag] is dutybound to do so upon the motion of one quarter of its members. By statute requiring the consent of the Senate [Bundesrat], regarding the

exercise of rights of the House of Representatives [Bundestag] and the Senate

[Bundesrat] under the contractual bases of the European Union, exceptions may be

authorized to Article 42 II 1 and Article 52 III 1.

(2) The House of Representatives [Bundestag] and the States [Länder], by their

representation in the Senate [Bundesrat], participate in matters of the European Union.

The Government has to thoroughly inform House of Representatives [Bundestag] and

Senate [Bundesrat] at the earliest possible time.

(3) The Government allows for statements of the House of Representatives [Bundestag]

before it takes part in drafting European Union laws. The Government considers

statements of the House of Representatives [Bundestag] during deliberations. Detail are regulated by federal statute.

(4) The Senate [Bundesrat] has to be included in the deliberations of the House of

Representatives [Bundestag] insofar as it would have to participate in a domestic

measure or insofar as the States [Länder] would be accountable domestically.

(5) Insofar as, in the area of exclusive legislative competence of the Federation, the

interests of the States [Länder] are affected or insofar as, in al other cases, the

Federation has legislative competence, the Government considers the statement of the

Senate [Bundesrat]. If legislative competencies of the States [Länder], the instal ation of their agencies, or their procedures are central y affected, the opinion of the Senate

[Bundesrat] has to be considered as decisive for the Federation's deliberation; the

responsibility of the Federation for the whole state has to be maintained in the process.

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The consent of the Government is necessary in matters possibly resulting in higher

expenses or lower revenues for the Federation.

(6) Where exclusive legislative competencies of the States [Länder] are centrally

affected in the areas of school education, culture, or broadcasting, the exercise of the Federal Republic of Germany's rights as member state of the European Union is

delegated to a representative of the States [Länder] assigned by the Senate

[Bundesrat]. These rights are exercised with participation of and in coordination with the Government; the responsibility of the Federation for the whole state has to be

maintained in the process.

(7) Details of Paragraphs IV to VI are regulated by a statute requiring the consent of the Senate [Bundesrat].


Article 24 [Collective Security System]

(1) The Federation may by legislation transfer sovereign powers to intergovernmental

institutions.

(1a) Insofar as the States [Länder] are responsible for the exercise of state rights and the discharge of state duties, they can, with consent of the Government, delegate

sovereign powers to institutions for neighborhood at state borders.

(2) For the maintenance of peace, the Federation may join a system of mutual collective security; in doing so it will consent to such limitations upon its rights of sovereignty as will bring about and secure a peaceful and lasting order in Europe and among the

nations of the world.

(3) For the settlement of disputes between States [Länder], the Federation will accede

to agreements concerning international arbitration of a general, comprehensive, and

obligatory nature.


Article 25 [Public International Law]

The general rules of public international law constitute an integral part of federal law.

They take precedence over statutes and directly create rights and duties for the

inhabitants of the federal territory.


Article 26 [Ban on War]

(1) Acts with the potential to and undertaken with intent to disturb the peaceful relations between nations, especial y to prepare war or aggression, are unconstitutional. They

have to be made a criminal offence.

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(2) Weapons designed for warfare may not be manufactured, transported, or marketed

except with the permission of the Government. Details are regulated by a federal

statute.


Article 27 [Merchant Fleet]

All German merchant vessels form one merchant fleet.


Article 28 [Self-Government]

(1) The constitutional order in the States [Länder] must conform to the principles of the republican, democratic, and social state under the rule of law, within the meaning of this Constitution. In each of the States [Länder], counties, and communes, the people has to be represented by a body chosen in general, direct, free, equal, and secret elections.

During elections in counties and communes, persons who possess the citizenship of a

European Community country are eligible to vote and being elected according to the

laws of the European Community. In communes, the communal assembly can take the

place of an elected body.

(2) The communes must be guaranteed the right to regulate, on their own responsibility, all the affairs of the local community within the limits set by statute. Within the

framework of their statutory functions, the associations of communes have such right to self-government as may be provided by statute. The right to self-government also

encompasses the foundations of financial accountability; part of this foundation is the communes' right to raise their tax shares according to local economic performance.

(3) The Federation ensures that the constitutional order of the States [Länder] conforms to the basic rights and to the provisions of Paragraphs I & II.


Article 29 [States Boundaries]

(1) A new delimitation of federal territory may be made to ensure that the States

[Länder] by their size and capacity are able effectively to fulfill their functions. Due regard has to be given to regional, historical, and cultural ties, economic expediency, and the requirements of regional policy and planning.

(2) Measures for a new delimitation of federal territory are effected by federal statutes requiring confirmation by referendum. The States [Länder] thus affected have to be

consulted.

(3) A referendum is held in the States [Länder] from whose territories or partial territories a new State [Land] or a State with redefined boundaries is to be formed (affected

States). The referendum is held on the question whether the affected States [Länder]

are to remain within their existing boundaries or whether the new State [Land] or State

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with redefined boundaries should be formed. The referendum is deemed to be in favor

of the formation of a new State [Land] or of a State [Land] with redefined boundaries

where approval is given to the change by a majority in the future territory of such State

[Land] and by a majority in all the territories or partial territories of an affected State

[Land] whose assignment to a State [Land] is to be changed in the same sense. The

referendum is deemed not to be in favor where in the territory of one of the affected

States [Länder] a majority reject the change; such rejection is, however, of no

consequence where in one part of the territory whose assignment to the affected State

[Land] is to be changed a majority of twothirds approve of the change, unless in the

entire territory of the affected State [Land] a majority of twothirds reject the change.

(4) Where in a clearly definable area of interconnected population and economic

settlement, the parts of which lie in several States [Länder] and which has a population of at least one million, one tenth of those of its population entitled to vote in House of Representatives [Bundestag] elections petition by popular initiative for the assignment of that area to one State [Land], provision is made within two years in a federal statute determining whether the delimitation of the affected States [Länder] is changed

pursuant to Paragraph II or determining that a plebiscite is held in the affected States

[Länder].

(5) The plebiscite establishes whether approval is given to a change of States [Länder]

delimitation to be proposed in the statute. The statute may put forward different

proposals, not exceeding two in number, for the plebiscite. Where approval is given by a majority to a proposed change of States [Länder] delimitation, provision is made within two years in a federal statute determining whether the delimitation of the States [Länder]

concerned is changed pursuant to Paragraph II. Where approval is given, in accordance

with Paragraph III 3 & 4, to a proposal put forward for the plebiscite, a federal statute providing for the formation of the proposed State [Land] is enacted within two years of the plebiscite and no longer requires confirmation by referendum.

(6) A majority in a referendum or in a plebiscite consists of a majority of the votes cast, provided that they amount to at least one quarter of the population entitled to vote in House of Representatives [Bundestag] elections. Other detailed provisions concerning

referendums, popular petitions, and plebiscites is made in a federal statute; such statute may also provide that popular petitions may not be repeated within a period of five

years.

(7) Other changes concerning the territory of the States [Länder] may be effected by

state agreements between the States [Länder] concerned or by a federal statute with

the approval of the Senate [Bundesrat] where the territory which is to be the subject of a new delimitation does not have more than 50,000 inhabitants. Detailed provision are

made in a federal statute requiring the approval of the Senate [Bundesrat] and the

majority of the members of the House of Representatives [Bundestag]. It makes

provision for the affected communes and districts to be consulted.

(8) The States [Länder] can change the delimitation of their territory or parts thereof deviating from the provisions in Paragraphs II to VII by state contract. Affected

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communes and counties have to be consulted. The state contract needs to be

confirmed by public referendum in each participating State [Land]. If a state contract

affects only parts of the territory of a State [Land], the public referendum can be limited to these parts; Sentence 5 Half-Sentence 2 is not applicable. The public referendum

requires a majority of votes cast if such majority contains at least one fourth of the votes of al persons eligible for elections of the House of Representatives [Bundestag]; details are regulated by a federal statute. The state contract requires the consent of the House of Representatives [Bundestag].


Article 30 [Governmental Powers]

Except as otherwise provided or permitted by this Constitution, the exercise of

governmental powers and the discharge of governmental functions is incumbent on the

States [Länder].


Article 31 [Precedence of Federal Law]

Federal law takes precedence over State [Land] law.


Article 32 [Foreign Relations]

(1) Relations with foreign countries are a responsibility of the Federation.

(2) Before the conclusion of a treaty affecting the special circumstances of a State

[Land], that State [Land] has to be consulted in time.

(3) Insofar as the States [Länder] have power to legislate, they may, with the consent of the Government conclude treaties with foreign countries.


Article 33 [Equality of Status and Office]

(1) Every German has in every State [Land] the same political rights and duties.

(2) Every German is equal y eligible for any public office according to his aptitude,

qualifications, and professional achievements.

(3) Enjoyment of civil and political rights, eligibility for public office, and rights acquired in the public service are independent of religious denomination. No one may suffer any

disadvantage by reason of his adherence or nonadherence to a denomination or to a

philosophical persuasion.

(4) The exercise of state authority as a permanent function is, as a rule, entrusted to members of the public service whose status, service and loyalty are governed by public

law.

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(5) The law of the public service is regulated and developed with due regard to the

traditional principles of the professional civil service.


Article 34 [Liability of Officers and State]

Where any person, in the exercise of a public office entrusted to him, violates his official obligations to a third party, liability rests in principle on the state or the public body which employs him. In the event of wilful intent or gross negligence, the right of recourse

against the holder of a public office is reserved. In respect of the claim for compensation or the right of recourse, the jurisdiction of the ordinary courts may not be excluded.


Article 35 [Legal, Administrative, Emergency Assistance]

(1) All federal and State [Land] authorities render each other legal and administrative assistance.

(2) In order to maintain or to restore public security or order, a State [Land] may, in cases of particular importance, call upon forces and facilities of the Federal Border

Guard to assist its police where without this assistance the police could not, or only with considerable difficulty, fulfil a task. In order to deal with a natural disaster or an

especially grave accident, a State [Land] may request the assistance of the police

forces of other States [Länder] or of forces and facilities of other administrative

authorities or of the Federal Border Guard or the Armed Forces.

(3) Where the natural disaster or the accident endangers a region larger than a State

[Land], the Government may, insofar as this is necessary to effectively deal with such

danger, instruct the State [Land] governments to place their police forces at the disposal of other States [Länder], and may use units of the Federal Border Guard or the Armed

Forces to support the police forces. Measures taken by the Government pursuant to the

first sentence of this paragraph have to be revoked at any time at the demand of the

Senate [Bundesrat], and otherwise immediately upon removal of the danger.


Article 36 [Federal Civil Servants]

(1) Civil servants employed in the highest federal authorities are drawn from all States

[Länder] in appropriate proportion. Persons employed in other federal authorities

should, as a rule, be drawn from the State [Land] in which they serve.

(2) Military laws also have to take into account the division of the Federation into States

[Länder] and the regional ties of their populations.


Article 37 [Federal Coercion]

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(1) Where a State [Land] fails to comply with its obligations of a federal character

imposed by this Constitution or another federal statute, the Government may, with the

consent of the Senate [Bundesrat], take the necessary measures to enforce such

compliance by the State [Land] by way of federal coercion.

(2) For the purpose of exercising federal coercion, the Government or its commissioner

has the right to give binding instructions to all States [Länder] and their authorities.


Chapter III -- House of Representatives


Article 38 [Elections]

(1) The deputies to the German House of Representatives [Bundestag] are elected in

general, direct, free, equal, and secret elections. They are representatives of the whole people, not bound by orders and instructions, and subject only to their conscience.

(2) Anyone who has attained the age of eighteen years is entitled to vote; anyone who

has attained majority is eligible for election.

(3) Details are regulated by a federal statute.


Article 39 [Sessions, Legislative Term]

(1) The House of Representatives [Bundestag] is elected, except for the fol owing

provisions, for a four year term. Its legislative term ends with the assembly of a new

House of Representatives [Bundestag]. New elections are held forty-six months at the

earliest, and fortyeight months at the latest after the beginning of the legislative term. In the case of dissolution of the House of Representatives [Bundestag], the new election is held within sixty days.

(2) The House of Representatives [Bundestag] assembles, at the latest, on the thirtieth day after the election.

(3) The House of Representatives [Bundestag] determines the termination and

resumption of its meetings. The President of the House of Representatives [Bundestag]

may convene it at an earlier date. He does so where one third of its members or the

President or the Chancel or so demand.


Article 40 [President, Rules of Procedure]

(1) The House of Representatives [Bundestag] elects its President, vice presidents, and secretaries. It draws up its rules of procedure.

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(2) The President exercises proprietary and police powers in the House of

Representatives [Bundestag] building. No search or seizure may take place on the

premises of the House of Representatives [Bundestag] without his permission.


Article 41 [Scrutiny of Elections]

(1) The scrutiny of elections is the responsibility of the House of Representatives

[Bundestag]. It also decides whether a deputy has lost his seat in the House of

Representatives [Bundestag].

(2) Complaints against such decisions of the House of Representatives [Bundestag]

may be lodged with the Federal Constitutional Court.

(3) Details are regulated by a federal statute.


Article 42 [Proceedings, Voting]

(1) The debates of the House of Representatives [Bundestag] are public. Upon a motion

of one tenth of its members, or upon a motion of the Government, the public may be

excluded by a two-thirds majority. The decision on the motion is taken at a meeting not open to the public.

(2) Decisions of the House of Representatives [Bundestag] require a majority of the

votes cast unless this Constitution provides otherwise. The rules of procedure may

provide for exceptions in respect of elections to be conducted by the House of

Representatives [Bundestag].

(3) True and accurate reports on the public meetings of the House of Representatives

[Bundestag] and of its committees does not give rise to any liability.


Article 43 [Presence of Government and Senate]

(1) The House of Representatives [Bundestag] and its committees may demand the

presence of any member of the Government.

(2) The members of the Senate [Bundesrat] and of the Government as well as persons

commissioned by them have access to all meetings of the House of Representatives

[Bundestag] and its committees. They are heard at any time.


Article 44 [Committees of Investigation]

(1) The House of Representatives [Bundestag] has the right, and upon the motion of

one quarter of its members the duty, to set up a committee of investigation, which takes the requisite evidence at public hearings. The public may be excluded.

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(2) The rules of criminal procedure equally apply to the taking of evidence. The privacy of letters and the secrecy of post and telecommunication remain unaffected.

(3) Courts and administrative authorities are bound to render legal and administrative

assistance.

(4) The decisions of committees of investigation is not subject to judicial consideration.

The courts are free to evaluate and judge the facts on which the investigation is based.


Article 45 [Committee on the European Union]

The House of Representatives [Bundestag] establishes a committee for European

Union matters. It can empower the committee to exercise the rights of the House of

Representatives [Bundestag] under Article 23 in its contact with the Government. It can also empower the committee to exercise the rights of the House of Representatives

[Bundestag] under the contractual bases of the European Union.


Article 45a [Committees on Foreign Affairs and Defense]

(1) The House of Representatives [Bundestag] appoints a Committee on Foreign Affairs

and Committee on Defense.

(2) The Committee on Defense also has the rights of a committee of investigation. Upon

the motion of one quarter of its members it has the duty to make a specific matter the

subject of investigation.

(3) Article 44 I does not apply to defense matters.


Article 45b [Defense Commissioner]

A Defense Commissioner of the House of Representatives [Bundestag] is appointed to

safeguard the basic rights and to assist the House of Representatives [Bundestag] in

exercising parliamentary control. Details are regulated by a federal statute.


Article 45c [Petitions Committee]

(1) The House of Representatives [Bundestag] appoints a Petitions Committee to deal

with requests and complaints addressed to the House of Representatives [Bundestag]

pursuant to Article 17.

(2) The powers of the Committee to consider complaints is regulated by a federal

statute.


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Article 45d Parliamentary Control Body

(1) The House of Representatives [Bundestag] appoints a Body to control the

intelligence services of the Federation.

(2) Details are regulated by a federal statute.


Article 46 [Indemnity and Immunity]

(1) A deputy may not at any time be subjected to court proceedings or disciplinary action or otherwise called to account outside the House of Representatives [Bundestag] for a

vote cast or a statement made by him in the House of Representatives [Bundestag] or

in any of its committees. This does not apply to defamatory insults.

(2) A deputy may not be called to account or arrested for a punishable offence except by permission of the House of Representatives [Bundestag], unless he is apprehended

during commission of the offence or in the course of the following day.

(3) The permission of the House of Representatives [Bundestag] also is necessary for

any other restriction of the personal liberty of a deputy or for the initiation of proceedings against a deputy under Article 18.

(4) Any criminal proceedings or any proceedings under Article 18 against a deputy, any

detention or any other restriction of his personal liberty is suspended at the demand of the House of Representatives [Bundestag].


Article 47 [Right to Refuse Evidence]

Deputies may refuse to give evidence concerning persons who have confided facts to

them in their capacity as deputies, or to whom they have confided facts in such

capacity, as well as evidence concerning these facts themselves. To the extent that this right of refusal to give evidence exists, no seizure of documents is permissible.


Article 48 [Entitlements]

(1) Any candidate for election to the House of Representatives [Bundestag] is entitled to the leave necessary for his election campaign.

(2) No one may be prevented from accepting and exercising the office of deputy. He

may not be given notice of dismissal nor dismissed from employment on this ground.

(3) Deputies are entitled to adequate remuneration ensuring their independence. They

are entitled to the free use of all stateowned means of transport. Details are regulated by a federal statute.


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Article 49 [repealed]


Chapter IV -- Senate


Article 50 [Functions]

The States [Länder] participate through the Senate [Bundesrat] in the legislation and

administration of the Federation and in European Union matters.


Article 51 [Composition]

(1) The Senate [Bundesrat] consists of members of the State [Land] governments which

appoint and recal them. Other members of such governments may act as substitutes.

(2) Each State [Land] has at least three votes; States [Länder] with more than two

mil ion inhabitants have four, States [Länder] with more than six million inhabitants five, and States [Länder] with more than seven mil ion inhabitants six votes.

(3) Each State [Land] may delegate as many members as it has votes. The votes of

each State [Land] may be cast only as a block vote and only by members present or

their substitutes.


Article 52 [President, Rules of Procedure]

(1) The Senate [Bundesrat] elects its President for one year.

(2) The President convenes the Senate [Bundesrat]. He convenes the Senate

[Bundesrat] where delegates from at least two States [Länder] or the Government so

demand.

(3) The Senate [Bundesrat] takes its decisions with at least the majority of its votes. It draws up its rules of procedure. Its meetings are public. The public may be excluded.

(3a) For European Union matters, the Senate [Bundesrat] can establish a European

Chamber whose decisions are considered decisions of the Senate [Bundesrat]; the

number of State [Land] votes cast in unison are determined according to Article 51 II.

(4) Other members of or persons commissioned by State [Land] governments may

serve on the committees of the Senate [Bundesrat].


Article 53 [Presence of Government]

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The members of the Government have the right, and on demand the duty, to attend the

meetings of the Senate [Bundesrat] and of its committees. They have the right to be

heard at any time. The Senate [Bundesrat] is being kept informed by the Government

as regards the conduct of affairs.


Chapter IVa -- Joint Committee


Article 53a [Composition, Rules of Procedure]

(1) Two thirds of the members of the Joint Committee are deputies of the House of

Representatives [Bundestag] and one third are members of the Senate [Bundesrat].

The House of Representatives [Bundestag] delegates its deputies in proportion to the

relative strength of its parliamentary groups; deputies may not be members of the

Government. Each State [Land] is represented by a Senate [Bundesrat] member of its

choice; these members are not bound by instructions. The establishment of the Joint

Committee and its procedures are regulated by rules of procedure to be adopted by the

House of Representatives [Bundestag] and requiring the consent of the Senate

[Bundesrat].

(2) The Government informs the Joint Committee about its plans in respect of a state of defense. The rights of the House of Representatives [Bundestag] and its committees

under Article 43 I remain unaffected by the provision of this paragraph.


Chapter V -- Federal President


Article 54 [Election]

(1) The President is elected, without debate, by the Federal Convention. Every German

who is entitled to vote in House of Representatives [Bundestag] elections and has

attained the age of forty years is eligible for election.

(2) The term of office of the President is five years. Reelection for a consecutive term is permitted only once.

(3) The Federal Convention consists of the members of the House of Representatives

[Bundestag] and an equal number of members elected by the parliaments of the States

[Länder] according to the principles of proportional representation.

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(4) The Federal Convention meets no later than thirty days before the expiration of the term of office of the President or, in the case of premature termination, not later than thirty days after that date. It is convened by the President of the House of

Representatives [Bundestag].

(5) After the expiration of a legislative term, the period specified in Paragraph IV 1

begins with the first meeting of the House of Representatives [Bundestag].

(6) The person receiving the votes of the majority of the members of the Federal

Convention is elected. Where such majority is not obtained by any candidate in two

ballots, the candidate who receives the largest number of votes in the next ballot is

elected.

(7) Details are regulated by a federal statute.


Article 55 [Incompatibilities]

(1) The President may not be a member of the government nor of a legislative body of

the Federation or of a State [Land].

(2) The President may not hold any other salaried office, nor engage in an occupation,

nor belong to the management or the board of directors of an enterprise carried on for

profit.


Article 56 [Oath of Office]

On assuming his office, the President takes the following oath before the assembled

members of the House of Representatives [Bundestag] and the Senate [Bundesrat]:

"I swear that I will dedicate my efforts to the wellbeing of the German people, enhance their benefits, avert hamm from them, uphold and defend the Constitution and the

statutes of the Federation, fulfil my duties conscientiously, and do justice to al . So help me God."

The oath may also be taken without religious affirmation.


Article 57 [Representation]

Where the President is prevented from acting, or where his office fal s prematurely

vacant, his powers are exercised by the President of the Senate [Bundesrat].


Article 58 [Countersignature]

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Orders and directions of the President require, for their validity, the countersignature of the Chancellor or the appropriate Minister. This does not apply to the appointment and

dismissal of the Chancel or, the dissolution of the House of Representatives

[Bundestag] under Article 63 and a request made under Article 69 III.


Article 59 [Representation in International Relations]

(1) The President represents the Federation in its international relations. He concludes treaties with foreign countries on behalf of the Federation. He accredits and receive

envoys.

(2) Treaties which regulate the political relations of the Federation or relate to matters of federal legislation requires the consent or participation, in the form of a federal statute, of the bodies competent in any specific case for such federal legislation. As regards

administrative agreements, the provisions concerning the federal administration are

applicable.


Article 59a [repealed]


Article 60 [Appointments, Pardon]

(1) The President appoints and dismisses the federal judges, the federal civil servants, the officers and noncommissioned officers, except as may otherwise be provided for by

statute.

(2) He exercises the right of pardon in individual cases on behalf of the Federation.

(3) He may delegate these powers to other authorities.

(4) Article 46 II to IV also apply to the President.


Article 61 [Impeachment]

(1) The House of Representatives [Bundestag] or the Senate [Bundesrat] may impeach

the President before the Federal Constitutional Court for wilful violation of this

Constitution or any other federal statute. The motion of impeachment is filed by at least one quarter of the members of the House of Representatives [Bundestag] or one

quarter of the votes of the Senate [Bundesrat]. A decision to impeach requires a majority of two thirds of the members of the House of Representatives [Bundestag] or of two

thirds of the votes of the Senate [Bundesrat]. The impeachment is pleaded by a person

commissioned by the impeaching body.

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(2) Where the Federal Constitutional Court finds the President guilty of a wilful violation of this Constitution or of another federal statute, it may declare him to have forfeited his office. After impeachment, it may issue an interim order preventing the President from

exercising his functions.


Chapter VI -- Federal Government


Article 62 [Composition]

The Government consists of the Chancellor and the Ministers.


Article 63 [Election of Chancellor]

(1) The Chancellor is elected, without debate, by the House of Representatives

[Bundestag] upon the proposal of the President.

(2) The person obtaining the votes of the majority of the members of the House of

Representatives [Bundestag] is elected. The person elected is appointed by the

President.

(3) Where the person proposed is not elected, the House of Representatives

[Bundestag] may elect within fourteen days of the ballot a Chancel or by more than one

half of its members.

(4) Where no candidate has been elected within this period, a new ballot takes place

without delay in which the person obtaining the largest number of votes is elected.

Where the person elected has obtained the votes of the majority of the members of the

House of Representatives [Bundestag], the President appoints him within seven days of

the election. Where the person elected did not obtain such a majority, the President,

within seven days, either appoints him or dissolves the House of Representatives

[Bundestag].


Article 64 [Appointment of Ministers]

(1) The Ministers are appointed and dismissed by the President upon the proposal of

the Chancellor.

(2) The Chancellor and the Ministers, on assuming office, take before the House of

Representatives [Bundestag] the oath provided for in Article 56.


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Article 65 [Governmental Powers]

The Chancellor determines and is responsible for the general policy guidelines. Within

the limits set by these guidelines, each Minister conducts the affairs of his department independently and on his own responsibility. The Government decides on differences of

opinion between Ministers. The Chancellor conducts the affairs of the Government in

accordance with rules of procedure adopted by it and approved by the President.


Article 65a [Command Over Armed Forces]

Power of command in respect of the Armed Forces is be vested in the Minister of

Defense.


Article 66 [Incompatibilities]

The Chancellor and the Ministers may not hold any other salaried office, nor engage in

an occupation, nor belong to the management or, without the consent of the House of

Representatives [Bundestag], to the board of directors of an enterprise carried on for

profit.


Article 67 [Lack of Confidence]

(1) The House of Representatives [Bundestag] can express its lack of confidence in the

Chancellor only by electing a successor with the majority of its members and by

requesting the President to dismiss the Chancel or. The President complies with the

request and appoints the person elected.

(2) Fortyeight hours must elapse between the motion and the election.


Article 68 [Dissolution of Parliament]

(1) Where a motion of the Chancellor for a vote of confidence is not carried by the

majority of the members of the House of Representatives [Bundestag], the President

may, upon the proposal of the Chancellor, dissolve the House of Representatives

[Bundestag] within twentyone days. The right of dissolution lapses as soon as the

House of Representatives [Bundestag] elects another Chancellor with the majority of its members.

(2) Fortyeight hours must elapse between the motion and the vote thereon.


Article 69 [Members of Government]

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(1) The Chancellor appoints a Minister as his deputy.

(2) The tenure of office of the Chancel or or a Minister end in any event on the assembly of a new House of Representatives [Bundestag]; the tenure of office of a Minister also

end on any other termination of the Chancellor's tenure of office.

(3) At the request of the President, the Chancellor - or at the request of the Chancel or or of the President, a Minister - is bound to continue managing the affairs of his office until the appointment of a successor.


Chapter VII -- Federal Legislative Powers


Article 70 [General Principle]

(1) The States [Länder] have the right to legislate insofar as this Constitution does not confer legislative power on the Federation.

(2) The division of competence between the Federation and the States [Länder] are

determined by the provisions of this Constitution concerning exclusive and concurrent

legislative powers.


Article 71 [Exclusive Legislative Power]

In matters within the exclusive legislative power of the Federation, the States [Länder]

have power to legislate only where and to the extent that they are given such explicit

authorization by a federal statute.


Article 72 [Concurrent Legislative Power]

(1) In the field of concurrent legislative power, the States [Länder] have power to

legislate as long as and to the extent that the Federation does not exercise its right to legislate by statute.

(2) In the areas of Article 74 I No. 4, 7, 11, 13, 15, 19a, 20, 22, 25 and 26, the

Federation has legislation if and insofar as the establishment of equal living conditions in the federal territory or the preservation of legal and economic unity necessitates, in the interest of the state at large, a federal regulation.

(3) If the Federation has used its legislative competence, the States [Länder] may adopt differing rules by statute regarding:

1. hunting (without the right to hunting licences);

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2. natural protection and land cultivation (without the general principles of natural

protection, the law of species protection or of protecting the nature of the sea);

3. distribution of land;

4. zoning arrangements;

5. protection of water (without regulation about substances or installations);

6. university admission and university degrees.

Federal statutes regarding these matters come into force, at the earliest, six months

after their promulgation as long as the Senate [Bundesrat] does not decide otherwise.

Regarding the matters of sentence 1, the latest statute takes precedence within the

concurrence of federal and state law.

(4) A federal statute can stipulate that a federal regulation for which the conditions of Paragraph II no longer hold true is replaced by law of the States [Länder].


Article 73 [Exclusive Legislation]

(1) The Federation has exclusive power to legislate in the fol owing matters:

1. foreign affairs and defense, including the protection of the civilian population;

2. citizenship in the Federation;

3. freedom of movement, passport, registration and individual document matters,

immigration, emigration and extradition;

4. currency, money and coinage, weights and measures, as well as the determination

of standards of time;

5. the unity of the customs and trading area, treaties on commerce and on navigation,

the freedom of movement of goods, and the exchange of goods and payments with

foreign countries, including customs and other frontier protection;

5a. the protection of German cultural items against being moved abroad;

6. air transport;

6a. the traffic of railroads owned completely or mainly by the Federation (railroads of the Federation), the construction, maintenance, and operation of railway tracks and

railroads of the Federation as well as the charging for the use of these railways;

7. postal affairs and telecommunication;

8. the legal status of persons employed by the Federation and by federal corporate

bodies under public law;

9. industrial property rights, copyrights and publishing law;

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9a. fight against dangers of international terrorism by the Federal Criminal Police

[Bundeskriminalpolizei] in cases where the danger is transcending State [Länder]

boundaries, where the competence of a State Police Agency is not established, or

where the supreme State Agency asks for a discharge;

10. cooperation between the Federation and the States [Länder] concerning

a) criminal police,

b) protection of the free democratic basic order, of the existence and the security of the Federation or of a State [Land] (protection of the constitution) and

c) protection against activities in the federal territory which, through the use of force or actions in preparation for the use of force, endanger the foreign interests of the Federal Republic of Germany,

as well as the establishment of a Federal Criminal Police Office and the international

control of crime;

11. statistics for federal purposes;

12. laws on weapons and explosives;

13. care for people handicapped by war, widowed or orphaned by war, and help for

former prisoners of war;

14. production and use of nuclear power for peaceful means, construction and

operation of plants furthering these goals, protection against dangers resulting from

exposition of nuclear energy or ionising rays, and disposition of radioactive substances.

(2) The consent of the Senate [Bundesrat] is necessary for statutes according to

Paragraph I No. 9a.


Article 74 [Concurrent Legislation]

(1) Concurrent legislative powers cover the following matters:

1. civil law, criminal law, the organization and procedure of courts (excluding the law governing pre-trial confinement), the legal profession, notaries and legal advice;

2. registration of births, deaths and marriages;

3. the law of association;

4. the law relating to residence and settlement of aliens;

4a. [repealed]

5. [repealed]

6. refugee and expellee matters;

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7. public welfare (excluding the law on asylums);

8. [repealed]

9. war damage and reparations;

10. war graves of soldiers, graves of other victims of war and of victims of despotism; 11. the law relating to economic matters (mining, industry, supply of power, crafts,

trades, commerce, banking, stock exchanges and private insurance) excluding the law

on shop opening hours, restaurants, gaming parlors, human shows, exhibitions,

expositions, and markets;

11a. [repealed]

12. Labor law, including the legal organization of enterprises, protection of workers, employment exchanges and agencies, as well as social insurance, including

unemployment insurance;

13. the regulation of educational and training grants and the promotion of scientific

research;

14. the law regarding expropriation, to the extent that matters enumerated in Articles 73

and 74 are concerned;

15. transfer of land, natural resources and means of production to public ownership or other forms of collective enterprise for the public benefit;

16. prevention of the abuse of economic power;

17. promotion of agricultural production and forestry (excluding the law on land

consolidation), securing the supply of food, the importation and exportation of

agricultural and forestry products, deepsea and coastal fishing, and preservation of the coasts;

18. property sales according to town planning, land law (excluding the law of charges

for development)and aid for rent, relief regarding old depts, aid for construction of

apartments, miners' apartment construction law and miners' settlement law;

19. measures against human or animal diseases that are communicable or otherwise

endanger public health, admission to the medical profession and to other medical

occupations or practices as well as the law on pharmacy, drugs, medical products,

health products, narcotics and poisons;

19a. the economic viability of hospitals and the regulation of hospitalization fees;

20. the law on food including animals for slaughter, the law on products of indulgence, articles of daily use, fodder as well as the protection of the sale of agricultural and forest seeds and seedlings, and the pretection of plants against diseases and pests as well as the protection of animals;

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21. ocean and coastal shipping, as well as sea marks, inland navigation,

meteorological services, sea routes, and inland waterways used for general traffic;

22. road traffic, motor transport, construction and maintenance of longdistance

highways, as well as the collection of charges or fees for the use of public highways by vehicles and the allocation of revenue therefrom;

23. railroads which are not railroads of the Federation, except mountain railroads;

24. garbage col ection, protection against air pol ution and noise (excluding protection against voluntary noise);

25. state liability;

26. medically enhanced production of human life, research on manipulations of genes,

and regulations for transplantation of organs, tissues and cells;

27. rights and duties regarding the status of civil servants in the States [Länder],

communes and other public law bodies as well as judges in the States [Länder]

excluding their career, remuneration and pensions;

28. hunting;

29. conservation of nature and landscape;

30. distribution of real estate;

31. land use planning;

32. water supply;

33. academic admission and academic degrees.

(2) The consent of the Senate [Bundesrat] is necessary for statutes according to

Paragraph I No. 25 and 27.


Article 74a [repealed]


Article 75 [repealed]


Article 76 [Bills]

(1) Bills are introduced in the House of Representatives [Bundestag] by the Government

or by members of the House of Representatives [Bundestag] or by the Senate

[Bundesrat].

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(2) Bills of the Government first have to be submitted to the Senate [Bundesrat]. The

Senate [Bundesrat] is entitled to state its position on such bills within six weeks. If, for important reasons and particularly with regard to the volume of the bil , the Senate

[Bundesrat] asks for deferral, the period is nine weeks. A bill which, on submission to the Senate [Bundesrat], is exceptionally specified by the Government to be particularly urgent may be submitted by the latter to the House of Representatives [Bundestag]

three weeks later, or, if the Senate [Bundesrat] asked for deferral according to Sentence 3, six weeks later, even though the Government may not yet have received the

statement of the Senate's [Bundesrat] position; upon receipt, such statement has to be

transmitted to the House of Representatives [Bundestag] by the Government without

delay. The time limit for statements to bil s changing this Constitution or delegating

sovereign powers according to Article 23 or 24 is nine weeks; Sentence 4 is not applied.

(3) Bills of the Senate [Bundesrat] have to be submitted to the House of

Representatives [Bundestag] by the Government within six weeks. In doing so, the

Government should state its own view. If, for important reasons and particularly with

regard to the volume of the bil , the Government asks for deferral, the period is nine

weeks. The time limit for a bill which is exceptionally specified by the Senate

[Bundesrat] to be particularly urgent is three weeks or, if the Government asked for

deferral according to Sentence 3, six weeks. The time limit for statements to bills

changing this Constitution or delegating sovereign powers according to Article 23 or 24

is nine weeks; Sentence 4 is not applied. The House of Representatives [Bundestag]

has to debate about bills within adequate time and reach a decision.


Article 77 [Legislative Procedure]

(1) Federal statutes are enacted by the House of Representatives [Bundestag]. Upon

their adoption they have to be transmitted, without delay, to the Senate [Bundesrat] by the President of the House of Representatives [Bundestag].

(2) The Senate [Bundesrat] may, within three weeks of the receipt of the adopted bill,

demand that a committee for joint consideration of bills, composed of members of the

House of Representatives [Bundestag] and members of the Senate [Bundesrat], be

convened. The composition and the procedure of this committee is regulated by rules of

procedure to be adopted by the House of Representatives [Bundestag] and requiring

the consent of the Senate [Bundesrat]. The members of the Senate [Bundesrat] on this

committee are not bound by instructions. Where the consent of the Senate [Bundesrat]

is required for a bill to become a statute, the House of Representatives [Bundestag] and the Government may also demand that the committee be convened. Should the

committee propose any amendment to the adopted bill, the House of Representatives

[Bundestag] again votes on the bill.

(2a) Insofar as a statute requires the consent of the Senate [Bundesrat], the Senate

[Bundesrat], if no demand according to Paragraph II 1 was issued or if the committee for joint consideration has concluded its procedures without suggesting changes, has to

debate about its consent within adequate time and reach a decision.

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(3) Insofar as the consent of the Senate [Bundesrat] is not required for a bill to become a statute, the Senate [Bundesrat] may, when the proceedings under Paragraph II are

completed, enter an objection within two weeks against a bil adopted by the House of

Representatives [Bundestag]. The period for entering an objection begins, in the case of the last sentence of Paragraph II, on the receipt of the bill as readopted by the House of Representatives [Bundestag], and in all other cases on the receipt of a communication

from the chairman of the committee provided for in Paragraph II to the effect that the

committee's proceedings have been concluded.

(4) Where the objection was adopted with the majority of the votes of the Senate

[Bundesrat], it can be rejected by a decision of the majority of the members of the

House of Representatives [Bundestag]. Where the Senate [Bundesrat] adopted the

objection with a majority of at least two thirds of its votes, its rejection by the House of Representatives [Bundestag] requires a majority of two thirds, including at least the

majority of the members of the House of Representatives [Bundestag].


Article 78 [Adopting Bills]

A bil adopted by the House of Representatives [Bundestag] becomes a statute where

the Senate [Bundesrat] consents to it, or fails to make a demand pursuant to Article 77

II, or fails to enter an objection within the period stipulated in Article 77 III, or withdraws such objection, or where the objection is overridden by the House of Representatives

[Bundestag].


Article 79 [Amendment of the Constitution]

(1) This Constitution can be amended only by statutes which expressly amend or

supplement the text thereof. In respect of international treaties, the subject of which is a peace settlement, the preparation of a peace settlement or the phasing out of an

occupation regime, or which are intended to serve the defense of the Federal Republic,

it is sufficient, for the purpose of clarifying that the provisions of this Constitution do not preclude the conclusion and entry into force of such treaties, to effect a supplementation of the text of this Constitution confined to such clarification.

(2) Any such statute requires the consent of two thirds of the members of the House of

Representatives [Bundestag] and two thirds of the votes of the Senate [Bundesrat].

(3) Amendments of this Constitution affecting the division of the Federation into States

[Länder], the participation on principle of the States [Länder] in legislation, or the basic principles laid down in Articles 1 and 20 are inadmissible.


Article 80 [Government Ordinances]

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(1) The Government, a Minister or the State [Land] governments may be authorized by

statute to issue ordinances. The content, purpose, and scope of the authorization so

conferred must be laid down in the statute concerned. This legal basis has to be stated in the ordinance. Where a statute provides that such authorization may be delegated,

such delegation requires another ordinance.

(2) The consent of the Senate [Bundesrat] is required, unless otherwise provided by

federal legislation, for ordinances of the Government or a Minister concerning basic

rules or charges for the use of facilities of postal affairs and telecommunication,

concerning the basic rules for charges and use of facilities of railroads of the

Federation, or concerning the construction and operation of railroads, as well as for

ordinances issued pursuant to federal statutes that require the consent of the Senate

[Bundesrat] or that are executed by the States [Länder] as agents of the Federation or

as matters of their own concern.

(3) The Senate [Bundesrat] can submit such bills for ordinances to the Government that

require its consent.

(4) Insofar as, by or on the basis of federal statutes, Governments of the States [Länder]

are empowered to adopt ordinances, the States [Länder] are also allowed to regulate

the matter by statute.


Article 80a [State of Defense]

(1) Where this Constitution or a federal statute on defense, including the protection of the civilian population, stipulates that legal provisions may only be applied in

accordance with this Article, their application is, except in a state of defense, admissible only after the House of Representatives [Bundestag] has determined that a state of

tension exists or where it has specifically approved such application. In respect of the cases mentioned in Article 12a V 1 & VI 2, such determination of a state of tension and such specific approval requires a twothirds majority of the votes cast.

(2) Any measures taken by virtue of legal provisions enacted under Paragraph I have to

be revoked whenever the House of Representatives [Bundestag] so demands.

(3) In derogation of Paragraph I, the application of such legal provisions is also

admissible by virtue of and in accordance with a decision taken with the consent of the Government by an international body within the framework of a treaty of alliance. Any

measures taken pursuant to this paragraph have to be revoked whenever the House of

Representatives [Bundestag] so demands with the majority of its members.


Article 81 [State of Emergency]

(1) Should, in the circumstances of Article 68, the House of Representatives

[Bundestag] not be dissolved, the President may, at the request of the Government and

with the consent of the Senate [Bundesrat], declare a state of legislative emergency

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with respect to a bill, where the House of Representatives [Bundestag] rejects the bil

although the Government has declared it to be urgent. The same applies where a bil

has been rejected although the Chancel or had combined with it the motion under Article 68.

(2) Where, after a state of legislative emergency has been declared, the House of

Representatives [Bundestag] again rejects the bill or adopts it in a version stated to be unacceptable to the Government, the bill is deemed to have become a statute to the

extent that the Senate [Bundesrat] consents to it. The same applies where the bill is not passed by the House of Representatives [Bundestag] within four weeks of it.s

reintroduction

(3) During the term of office of a Chancel or, any other bill rejected by the House of

Representatives [Bundestag] may become a statute in accordance with Paragraphs I

and II within a period of six months after the first declaration of a state of legislative emergency. After the expiration of this period, a further declaration of a state of

legislative emergency is inadmissible during the term of office of the same Chancellor.

(4) This Constitution may not be amended nor repealed nor suspended in whole or in

part by a statute enacted pursuant to Paragraph II.


Article 82 [Promulgation, Validity]

(1) Statutes enacted in accordance with the provisions of this Constitution are, after

countersignature, signed by the President and promulgated in the Federal Law Gazette.

Ordinances are signed by the agency which issues them and, unless otherwise

provided by statute, are promulgated in the Federal Law Gazette.

(2) Every statute or every ordinance should specify its effective date. In the absence of such a provision, it takes effect on the fourteenth day after the end of the day on which the Federal Law Gazette containing it was published.


Chapter VIII -- Execution of Statutes and Federal Administration


Article 83 [General Principle]

The States [Länder] execute federal statutes as matters of their own concern insofar as this Constitution does not otherwise provide or permit.


Article 84 [State Execution With Federal Supervision]

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(1) Where the States [Länder] execute federal statutes as matters of their own concern, they provide for the establishment of authorities and the regulation of administrative

procedures. If federal statutes provide something else, the States [Länder] may adopt

divergent regulation. If a State [Land] has adopted divergent regulation according to

Sentence 2, federal regulation adopted later regarding the establishment of authorities and the regulation of administrative procedures will enter into force no earlier then six months after promulgation, provided nothing else is prescribed with approval by the

Senate [Bundesrat]. Article 72 III 3 is applicable. In exceptional cases, the Federation may, because of particular need for federal uniformity, adopt regulation without the

States' [Länder] power to deviate. These statutes require approval by the Senate

[Bundesrat]. Federal statutes may not delegate powers to communes or associations of

communes.

(2) The Government may, with the consent of the Senate [Bundesrat], issue general

administrative rules.

(3) The Government exercises supervision to ensure that the States [Länder] execute

the federal statutes in accordance with applicable law. For this purpose the Government may send commissioners to the highest State [Land] authorities and, with their consent

or, where such consent is refused, with the consent of the Senate [Bundesrat], also to

subordinate authorities.

(4) Should any shortcomings which the Government has found to exist in the execution

of federal statutes in the States [Länder] not be corrected, the Senate [Bundesrat]

decides, at the request of the Government or the State [Land] concerned, whether such

State [Land] has violated the law. The decision of the Senate [Bundesrat] may be

challenged in the Federal Constitutional Court.

(5) With a view to the execution of federal statutes, the Government may be authorized

by a federal statute requiring the consent of the Senate [Bundesrat] to issue individual instructions for particular cases. They are addressed to the highest State [Land]

authorities unless the Government considers the matter urgent.


Article 85 [State Execution as Federal Agency]

(1) Where the States [Länder] execute federal statutes as agents of the Federation, the establishment of the requisite authorities remains the concern of the States [Länder],

except insofar as federal statutes consented to by the Senate [Bundesrat] otherwise

provide. Federal statutes may not delegate powers to communes or associations of

communes.

(2) The Government may, with the consent of the Senate [Bundesrat], issue general

administrative rules. It may regulate the uniform training of civil servants and other

salaried public employees. The heads of authorities at the intermediate level are

appointed with its agreement.

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(3) The State [Land] authorities are subject to the instructions of the competent highest federal authorities. Such instructions are addressed to the highest State [Land]

authorities unless the Government considers the matter urgent. Execution of the

instructions is ensured by the highest State [Land] authorities.

(4) Federal supervision covers the lawfulness and appropriateness of execution. The

Government may, for this purpose, require the submission of reports and documents

and send commissioners to al authorities.


Article 86 [Direct Federal Administration]

Where the Federation executes statutes by means of direct federal administration or by

federal corporate bodies or institutions under public law, the Government issues, insofar as the statute concerned contains no special provision, pertinent general administrative rules. The Government provides for the establishment of the requisite authorities insofar as the statute concerned does not otherwise provide.


Article 87 [Matters for Direct Federal Administration]

(1) The foreign service, the federal finance administration and, in accordance with the provisions of Article 89, the administration of federal waterways and of shipping is

conducted as matters of direct federal administration with their own administrative

substructures. Federal legislation may be enacted to establish Federal Border Guard

authorities and central offices for police information and communications, for the

criminal police and for the compilation of data for the purposes of protection of the

constitution and of protection against activities on federal territory which, through the use of force or acts preparatory to the use of force, endanger the foreign interests of the Federal Republic of Germany.

(2) Social insurance institutions whose sphere of competence extends beyond the

territory of one State [Land] are administered as direct federal corporate bodies under public law. Social insurance institutions whose sphere of competence extends beyond

the territory of one State [Land], but not beyond that of more than three States [Länder], are administered, differing from the first sentence, as direct State [Land] corporate

bodies under public law if the supervising State [Land] is determined by the States

[Länder] involved.

(3) In addition, independent federal higher authorities as well as new federal corporate bodies and institutions under public law may be established by federal legislation for

matters on which the Federation has the power to legislate. Where new functions arise

for the Federation in matters on which it has the power to legislate, federal authorities at the intermediate and lower levels may be established, in case of urgent need, with the

consent of the Senate [Bundesrat] and of the majority of the members of the House of

Representatives [Bundestag].

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Article 87a [Establishment of Armed Forces]

(1) The Federation establishes Armed Forces for defense purposes. Their numerical

strength and general organizational structure must be shown in the budget.

(2) Apart from defense, the Armed Forces may only be used insofar as explicitly

permitted by this Constitution.

(3) While a state of defense or a state of tension exists, the Armed Forces have the

power to protect civilian property and discharge functions of traffic control insofar as this is necessary for the performance of their defense mission. Moreover, the Armed Forces

may, when a state of defense or a state of tension exists, be entrusted with the

protection of civilian property also in support of police measures; in this event the Armed Forces cooperate with the competent authorities.

(4) In order to avert any imminent danger to the existence or to the free democratic

basic order of the Federation or a State [Land], the Government may, should conditions

as envisaged in Article 91 II obtain and the police forces and the Federal Border Guard be inadequate, use the Armed Forces to support the police and the Federal Border

Guard in the protection of civilian property and in combatting organized and militarily armed insurgents. Any such use of the Armed Forces has to stop whenever the House

of Representatives [Bundestag] or the Senate [Bundesrat] so demands.


Article 87b [Administration of Armed Forces]

(1) The Federal Armed Forces Administration is conducted as a direct federal

administration with its own administrative substructure. Its function are to administer personnel matters and directly to meet the material requirements of the Armed Forces.

Tasks connected with benefits to disabled persons or with construction work are not

assigned to the Federal Armed Forces Administration except by federal legislation

requiring the consent of the Senate [Bundesrat]. Such consent is also required for any

statutes to the extent that they empower the Federal Armed Forces Administration to

interfere with rights of third parties; this does not apply, however, in the case of statutes concerning personnel matters.

(2) Moreover, federal statutes concerning defense, including recruitment for military

service and protection of the civilian population, may, with the consent of the Senate

[Bundesrat], provide that they are executed, wholly or in part, either by means of direct federal administration having its own administrative substructure or by the States

[Länder] acting as agents of the Federation. Where such statutes are executed by the

States [Länder] acting as agents of the Federation, they may, with the consent of the

Senate [Bundesrat], provide that the powers vested in the Government or appropriate

highest federal authorities by virtue of Article 85 are transferred wholly or in part to higher federal authorities; in such an event it may be enacted that these authorities do

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not require the consent of the Senate [Bundesrat] in issuing general administrative rules as referred to in Article 85 II 1.


Article 87c [Nuclear Energy]

Statutes enacted under Article 73 I No. 14 may, with the consent of the Senate

[Bundesrat], provide that they are executed by the States [Länder] acting as agents of

the Federation.


Article 87d [Aviation]

(1) Aviation administration is conducted as federal administration. Tasks of air-traffic control can also be conducted by foreign air-traffic control organizations accredited

under the law of the European Community. Details are regulated by a federal statute.

(2) Through federal legislation requiring the consent of the Senate [Bundesrat],

functions of aviation administration may be transferred to the States [Länder] acting as agents of the Federation.


Article 87e [Railroads]

(1) The administration for traffic of railroads of the Federation is conducted as a direct federal administration. By federal statute, tasks of the administration for traffic of

railroads can be delegated to the States [Länder] as their own tasks.

(2) The Federation undertakes the tasks to administer traffic of railroads of the

Federation as are assigned to it by federal statute.

(3) Railroads of the Federation are managed in the form of private law businesses. They are owned by the Federation as far as the activities of the business encompass

construction, maintenance, or operation of railways. The sale of shares of the

Federation in the businesses mentioned in the second sentence is regulated on the

basis of a statute; the Federation retains a majority of shares in those businesses.

Details are regulated by federal statute.

(4) The Federation guarantees that the public weal, particularly the interest in traffic, in the development and preservation of the railway network of railways of the Federation

as far as it is used for local railway transport of persons is considered. Details are

regulated by federal statute.

(5) Statutes based on Paragraphs I to IV need the consent of the Senate [Bundesrat].

Furthermore, the consent of the Senate [Bundesrat] is necessary for statutes that

dissolve, merge, or split railroads of the Federation, convey railways of railroads of the Federation to third parties as well as discontinue railways of railroads of the Federation, or affect the local railway transport of persons.

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Article 87f [Mail, Telecommunication]

(1) Regulated by a federal statute requiring the consent of the Senate [Bundesrat], the Federation guarantees a comprehensive and adequate coverage with mail services and

telecommunication.

(2) Services in the sense of Paragraph I are organized as private law activities by those businesses originating in the special property Deutsche Bundespost. Sovereign tasks in

the area of mail and telecommunication are organized as direct federal administration.

(3) Notwithstanding Paragraph II 2, the Federation, in the public law form of a direct

federal agency, discharges certain duties regarding businesses originating in the special property Deutsche Bundespost, as are assigned to it by federal statutes.


Article 88 [Federal Bank]

The Federation establishes a noteissuing and currency bank as the Federal Bank

[Bundesbank]. Its tasks and powers can, in the context of the European Union, be

transferred to the European Central Bank which is independent and primarily bound by

the purpose of securing stability of prices.


Article 89 [Federal Waterways]

(1) The Federation is the owner of the former Reich waterways.

(2) The Federation administers the federal waterways through its own authorities. It

exercises those governmental functions relating to inland shipping which extend beyond

the territory of one State [Land], and those governmental functions relating to maritime shipping which are conferred on it by statute. Upon request, the Federation may transfer the administration of federal waterways, insofar as they lie within the territory of one State [Land], to that State [Land] as its agent. Where a waterway touches the territories of several States [Länder], the Federation may delegate one State [Land] to be its agent where so requested by the States [Länder] concerned.

(3) In the administration, development, and new construction of waterways, the needs of land improvement and of water economy are safeguarded in agreement with the States

[Länder].


Article 90 [Federal Highways]

(1) The Federation is the owner of the former Reich streets and Reich highways.

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(2) The States [Länder], or such self-governing corporate bodies as are competent

under State law, administer as agents of the Federation the federal streets and other

federal highways used for long-distance traffic.

(3) At the request of a State [Land], the Federation may place federal streets and other federal highways used for longdistance traffic under direct federal administration insofar as they lie within the territory of that State [Land].


Article 91 [Internal Emergency]

(1) In order to avert any imminent danger to the existence or to the tree democratic

basic order of the Federation or a State [Land], a State may request the services of the police forces of other States [Länder], or of the forces and facilities of other

administrative authorities and of the Federal Border Guard.

(2) If the State [Land] where such danger is imminent is not itself willing or able to

combat the danger, the Government may place the police in that State [Land] and the

police forces of other States [Länder] under its own instructions and use units of the

Federal Border Guard. The order for this has to be revoked after the removal of the

danger or else at any time at the demand of the Senate [Bundesrat]. Where the danger

extends to a region larger than a State [Land], the Government may, insofar as is

necessary for effectively combatting such danger, issue instructions to the State [Land]

governments; the first and second sentences of this paragraph are not affected by this

provision.


Chapter VIIIa -- Joint Tasks


Article 91a [Participation of the Federation]

(1) The Federation participates, in the following sectors, in the discharge of

responsibilities of the States [Länder], provided that such responsibilities are important to society as a whole and that federal participation is necessary for the improvement of living conditions (joint tasks):

1. improvement of regional economic structures,

2. improvement of the agrarian structure and of coast preservation.

(2) Joint tasks as well as details of coordination are defined in detail by a federal statute requiring the consent of the Senate [Bundesrat].

(3) In cases to which Paragraph I No. 1 applies, the Federation pays for one half of the expenditure in each State [Land]. In cases to which Paragraph I No. 2 applies, the

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Federation pays for at least one half of the expenditure, and such proportion is the

same for al the States [Länder]. Details are regulated by statute. Provision of funds are subject to appropriation in the budgets of the Federation and the States [Länder].


Article 91b [Funding of Research, Performance of the Educational System]

(1) The Federation and the States [Länder] may, pursuant to agreements, cooperate in

cases of supra-regional importance to promote:

1. institutions and projects of scientific research outside of universities;

2. projects of science and research at universities;

3. research facilities at universities including large scale equipment.

Agreements according to Sentence 1 No. 2 require the approval by al States [Länder].

(2) The Federation and the States [Länder] may, pursuant to agreements, cooperate in

order to international y compare the performance of the educational system and to

participate in reports and recommendations in that respect.

(3) The allocation of costs is determined by the agreement.


Article 91c [Systems of Information Technology]

(1) Federation and States [Länder] may cooperate in the planning, instal ation, and

operation of systems of information technology needed for their tasks.

(2) Federation and States [Länder] may by agreement establish standards and security

requirements necessary for the communication between their systems of information

technology. Agreements about the basis of cooperation according to sentence 1 may for

tasks of specific substance and extent provide that detailed regulation is adopted on the consent of a qualified majority of Federation and States [Länder] as specified in the

convention. They require the consent of the House of Representatives [Bundestag] and

of the Houses of Representatives of participating States [Länder]; the right to

cancel ation of these agreements cannot be excluded. The agreement also determines

the allocation of costs.

(3) Furthermore, the States [Länder] may agree on the joint operation of systems of

information technology as well as the establishment of specific installations.

(4) For the connection of information technology networks of the Federation and the

States [Länder], the Federation establishes a connection network. Details regarding the installation and operation of the connection network are regulated by a federal statute requiring the consent of the Senate [Bundesrat].


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Article 91d [Comparative Surveys]

Federation and States [Länder] may, to establish and improve the performance of their

administrations, conduct comparative surveys and publish the results.


Article 91e [Job Centers]

(1) In the execution of federal law regarding the basic benefits for the unemployed,

Federation and States [Länder] or those communes or associations of communes

competent according to state law are, in principle, cooperating by shared institutions.

(2) The Federation can allow for a limited number of communes or association of

communes, on their request and with the consent of the supreme State Agency, to

exclusively fulfil the tasks according to Paragraph (1). Necessary expenses including

administrative costs are borne by the Federation insofar as the tasks in executing

federal law according to Paragraph (1) are the duty of the Federation.

(3) Details are regulated by a federal statute requiring the consent of the Senate

[Bundesrat].


Chapter IX -- Judiciary


Article 92 [Court Organization]

Judicial power is vested in the judges; it is exercised by the Federal Constitutional

Court, by the federal courts provided for in this Constitution, and by the courts of the States [Länder].


Article 93 [Federal Constitutional Court]

(1) The Federal Constitutional Court decides:

1. on the interpretation of this Constitution in the event of disputes concerning the

extent of the rights and duties of a highest federal body or of other parties concerned who have been vested with rights of their own by this Constitution or by rules of

procedure of a highest federal body;

2. in case of differences of opinion or doubts on the formal and material compatibility of federal law or State [Land] law with this Constitution, or on the compatibility of State

[Land] law with other federal law, at the request of the Government, of a State [Land]

government, or of one fourth of the House of Representatives [Bundestag] members;

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2a. in case of differences of opinion on the compatibility of federal law with Article 72 II, at the request of the Senate [Bundesrat], of a State [Land] government, or of a State

[Land] parliament;

3. in case of differences of opinion on the rights and duties of the Federation and the States [Länder], particularly in the execution of federal law by the States [Länder] and in the exercise of federal supervision;

4. on other disputes involving public law, between the Federation and the States

[Länder], between different States [Länder] or within a State [Land], unless recourse to another court exists;

4a. on complaints of unconstitutionality, being filed by any person claiming that one of his basic rights or one of his rights under Article 20 IV or under Article 33, 38, 101, 103

or 104 has been violated by public authority;

4b. on complaints of unconstitutionality filed by communes or associations of

communes on the ground that their right to self-government under Article 28 has been

violated by a statute other than a State [Land] statute open to complaint to the

respective State [Land] constitutional court;

4c. on complaints by associations against their nonadmission as a political party to the election for the House of Representatives [Bundestag];

5. in the other cases provided for in this Constitution.

(2) The Federal Constitutional Court also decides, at the request of the Senate

[Bundesrat], a State [Land] Government or State [Land] Parliament, whether in the case

of Article 72 IV the necessity of federal regulation according to Article 72 II no longer prevails or federal law could no longer be adopted in the cases of Article 125a II 1. The declaration that the necessity no longer prevails or that federal law no longer could be adopted replaces a federal statute based on Article 72 IV or Article 125a II 2. The

request according to Sentence 1 is only admissible once a bil based on Article 72 IV or 125 a II 2 has been denied in the German House of Representatives [Bundestag] or not

been deliberated and decided within one year or if such a bil has been denied in the

Senate [Bundesrat].

(3) The Federal Constitutional Court also acts in such other cases as are assigned to it by federal legislation.


Article 94 [Composition of Constitutional Court]

(1) The Federal Constitutional Court consists of federal judges and other members. Half of the members of the Federal Constitutional Court are elected by the House of

Representatives [Bundestag] and half by the Senate [Bundesrat]. They may not be

members of the House of Representatives [Bundestag], the Senate [Bundesrat], the

Government, nor of any of the corresponding bodies of a State [Land].

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(2) The constitution and procedure of the Federal Constitutional Court are regulated by a federal statute which specifies in what cases its decisions have the force of law. Such statute may require that al other legal remedies must have been exhausted before a

complaint of unconstitutionality can be entered, and may make provision for a special

procedure as to admissibility.


Article 95 [Highest Courts of Justice, Joint Panel]

(1) For the purposes of ordinary, administrative, fiscal, labor, and social jurisdiction, the Federation establishes as highest courts of justice the Federal Court of Justice, the

Federal Administrative Court, the Federal Finance Court, the Federal Labor Court, and

the Federal Social Court.

(2) The judges of each of these courts are selected jointly by the competent Minister

and a committee for the selection of judges consisting of the competent State [Land]

ministers and an equal number of members elected by the House of Representatives

[Bundestag].

(3) In order to preserve uniformity of decisions, a Joint Panel of the courts specified in Paragraph I is set up. Details are regulated by a federal statute.


Article 96 [Other Federal Courts]

(1) The Federation may establish a federal court for matters concerning industrial

property rights.

(2) The Federation may establish military criminal courts for the Armed Forces as

federal courts. They may only exercise criminal jurisdiction while a state of defense

exists, and otherwise only over members of the Armed Forces serving abroad or on

board warships. Details are regulated by a federal statute. These courts are within the competence of the Minister of Justice. Their fulltime judges are persons qualified to hold judicial office.

(3) The highest court of justice for appeals from the courts mentioned in Paragraphs I

and II is the Federal Court of Justice.

(4) The Federation may establish federal courts for disciplinary proceedings against,

and for proceedings in pursuance of complaints by, persons in the federal public

service.

(5) With respect to criminal proceedings for the following crimes, a federal statute

requiring the consent of the Senate [Bundesrat] may provide that State [Land] courts

exercise federal jurisdiction over:

1. genocide;

2. crimes against humanity under international public law;

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3. war crimes;

4. other acts with the potential to and undertaken with intent to disturb the peaceful relations between nations (Article 26 I);

5. protection of the state.


Article 96a [repealed]


Article 97 [Independence of Judges]

(1) The judges are independent and subject only to the law.

(2) Judges appointed permanently on a fulltime basis in established positions cannot,

against their will, be dismissed or permanently or temporarily suspended from office or given a different posting or retired before the expiration of their term of office except by virtue of a judicial decision and only on the grounds and in the form provided for by

statute. Legislation may set age limits for the retirement of judges appointed for life. In the event of changes in the structure of courts or in their districts, judges may be

transferred to another court or removed from office, provided they retain their full salary.


Article 98 [Legal Status of Judges]

(1) The legal status of the federal judges is regulated by a special federal statute.

(2) Where a federal judge, in his official capacity or unofficial y, infringes the principles of this Constitution or the constitutional order of a State [Land], the Federal Constitutional Court may decide by a twothirds majority, upon the request of the House of

Representatives [Bundestag], that the judge be given a different office or retired. In a case of intentional infringement, his dismissal may be ordered.

(3) The legal status of the judges in the States [Länder] is regulated by special State

[Land] statutes, insofar as Article 74 I No. 27 does not provide otherwise.

(4) The States [Länder] may provide that the State [Land] minister of Justice together

with a committee for the selection of judges decides on the appointment of judges in the States [Länder].

(5) The States [Länder] may, in respect of State [Land] judges, enact provisions

corresponding to those of Paragraph II. Existing State [Land] constitutional law remains unaffected. The decision in a case of impeachment of a judge rests with the Federal

Constitutional Court.


Article 99 [Disputes Concerning State Law]

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The decision on constitutional disputes within a State [Land] may be assigned by State

[Land] legislation to the Federal Constitutional Court, and the decision at last instance in matters involving the application of State [Land] law to the highest courts of justice

referred to in Article 95 I.


Article 100 [Constitutionality of Laws]

(1) Where a court considers that a statute on whose validity the court's decision

depends is unconstitutional, the proceedings have to be stayed, and a decision has to

be obtained from the State [Land] court with jurisdiction over constitutional disputes

where the constitution of a State [Land] is held to be violated, or from the Federal

Constitutional Court where this Constitution is held to be violated. This also applies

where this Constitution is held to be violated by State [Land] law or where a State [Land]

statute is held to be incompatible with a federal statute.

(2) Where, in the course of litigation, doubt exists whether a rule of public international law is an integral part of federal law and whether such rule directly creates rights and duties for the individual (Article 25), the court obtains a decision from the Federal

Constitutional Court.

(3) Where the constitutional court of a State [Land], in interpreting this Constitution, intends to deviate from a decision of the Federal Constitutional Court or of the

constitutional court of another State [Land], it obtains a decision from the Federal

Constitutional Court.


Article 101 [Ban on Extraordinary Courts]

(1) Extraordinary courts are inadmissible. No one may be removed from the jurisdiction

of his lawful judge.

(2) Courts for special fields of law may be established only by Legislation.


Article 102 [Abolishment of Capital Punishment]

Capital punishment is abolished.


Article 103 [Due Process]

(1) ln the courts, everyone is entitled to a hearing in accordance with the law.

(2) An act can be punished only where it constituted a criminal offence under the law

before the act was committed.

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(3) No one may be punished for the same act more than once under general criminal

legislation.


Article 104 [Legal Guarantees to Protect Liberty]

(1) The liberty of the individual may be restricted only by virtue of a formal statute and only in compliance with the forms prescribed therein. Detained persons may not be

subjected to mental or to physical il treatment.

(2) Only judges may decide on the admissibility or continuation of any deprivation of

liberty. Where such deprivation is not based on the order of a judge, a judicial decision has to be obtained without delay. The police may hold no one on their own authority in

their own custody longer than the end of the day after the day of apprehension. Details are regulated by legislation.

(3) Any person provisionally detained on suspicion of having committed an offence has

to be brought, not later than the day following the day of apprehension, before a judge who has to inform him of the reasons for the detention, examine him, and give him an

opportunity to raise objections. The judge, without delay, has to either issue a warrant of arrest setting forth the reasons therefor or order his release from detention.

(4) A relative or a person enjoying the confidence of the person detained has to be

notified without delay of any judicial decision imposing or ordering the continuation of his deprivation of liberty.


Chapter X -- Finance


Article 104a [Apportionment of Expenditure]

(1) The Federation and the States [Länder] separately meet the expenditure resulting

from the discharge of their respective tasks insofar as this Constitution does not provide otherwise.

(2) Where the States [Länder] act as agents of the Federation, the Federation meets the resulting expenditure.

(3) Federal statutes to be executed by the States [Länder] and granting money

payments may make provision for such payments to be met wholly or in part by the

Federation. Where any such statute provides that the Federation meets one half of the

expenditure or more, it is implemented by the States [Länder] as agents of the

Federation.

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(4) Federal statutes establishing duties of the States [Länder] to contribute money,

benefits in kind, or similar services towards third parties and executed as matters of

their own concern or according to Paragraph III 2 as agents of the Federation require

the consent of the Senate [Bundesrat] if resulting expenses are to be met by the States

[Länder].

(5) The Federation and the States [Länder] meet the administrative expenditure incurred by their respective authorities and are responsible to each other for ensuring proper

administration. Details are regulated by a federal statute requiring the consent of the Senate [Bundesrat].

(6) Federation and States [Länder] carry the burden resulting from supranational and

international responsibilities of Germany according to the national division of

competencies and responsibilities. In cases of financial adjustments by the European

Union affecting more than one State [Land], Federation and States [Länder] carry the

burden at the ratio of 15 to 85. The States at large provide 35% of the total burden in solidarity according to an allocation key; the States [Länder] which have caused the

obligation carry 50% of the total burden according to their share in the funds received.

Details are regulated by a federal statute requiring the consent of the Senate

[Bundesrat].


Article 104b [Financial Support for Investments]

(1) The Federation may, as far as this Constitution grants federal legislative power,

provide the States [Länder] with financial support for particularly important investments by the States [Länder] or Communes (associations of communes), if such support is

necessary

1. for the devense against a disturbance of the overall economic equilibrium, or

2. to equalize differences of economic performance throughout the federal territory, or 3. for the advancement of economic growth.

In deviation from sentence 1, the Federation may, in the case of natural catastrophes or exceptional emergencies outside of state control and with serious negative impact on

public finances, grant financial support even without legislative power.

(2) Details, in particular the kinds of investments to be supported, are regulated by a federal statute requiring the consent of the Senate [Bundesrat] or by administrative

agreement on the basis of the federal statute about the budget. The funds are provided

with a time limit and are subject to periodic examination regarding their utilization.

Financial support has to be designed with decreasing yearly payments during its

duration.

(3) On their request, House of Representatives [Bundestag], Government, and Senate

[Bundesrat] have to receive a report about the implementation of the measures and

about the improvements achieved.

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Article 105 [Legislative Powers]

(1) The Federation has exclusive power to legislate on customs duties and fiscal

monopolies.

(2) The Federation has concurrent power to legislate on al other taxes the revenue from which accrues to it wholly or in part or where the conditions provided for in Article 72 II apply.

(2a) The States [Länder] have power to legislate on local excise taxes as long and

insofar as they are not identical with taxes imposed by federal legislation. They have the power to set the rate for the tax on real estate sales.

(3) Federal laws relating to taxes the receipts from which accrue wholly or in part to the States [Länder] or communes or associations of communes require the consent of the

Senate [Bundesrat].


Article 106 [Apportionment of Revenue]

(1) The yield of fiscal monopolies and the revenue from the fol owing taxes belongs to

the Federation:

1. customs duties;

2. excise taxes insofar as they do not accrue to the States [Länder] pursuant to

Paragraph II, or jointly to the Federation and the States [Länder] in accordance with

Paragraph III, or to the communes in accordance with Paragraph VI;

3. road freight tax, motor vehicle tax and other traffic taxes related to motorized

vehicles;

4. capital transaction taxes, the insurance tax, and the bill of exchange tax;

5. nonrecurrent levies on property, and contributions imposed for the purpose of

implementing the equalization of burdens legislation;

6. income and corporation surtaxes;

7. charges imposed within the framework of the European Communities.

(2) Revenue from the following taxes belong to the States [Länder]:

1. wealth tax;

2. inheritance tax;

3. such taxes on transactions as do not accrue to the Federation pursuant to Paragraph I or jointly to the Federation and the States [Länder] pursuant to Paragraph III;

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4. beer tax;

5. gaming casinos levy.

(3) Revenues from income taxes, corporation taxes, and turnover taxes belong jointly to the Federation and the States [Länder] (joint taxes) to the extent that the revenue from the income tax and turnover tax is not allocated to the communes pursuant to

Paragraphs V and Va respectively. The Federation and the States [Länder] equal y

share the revenues from income taxes and corporation taxes. The respective shares of

the Federation and the States [Länder] in the revenue from the turnover tax are

determined by a federal statute requiring the consent of the Senate [Bundesrat]. Such

determination is based on the fol owing principles:

1. The Federation and the States [Länder] have an equal claim to coverage from

current revenues of their respective necessary expenditures. The extent of such

expenditures is determined giving due consideration to financial planning for several

years ahead.

2. The coverage requirements of the Federation and of the States [Länder] are

coordinated in such a way that a fair balance is struck, any overburdening of taxpayers precluded, and uniformity of living conditions in the federal territory ensured.

In addition, for the apportionment of the value added tax to Federation and States

[Länder] it will be taken into account that after 1 Jan. 1996 the States' [Länder] income tax revenues will be reduced due to child benefits. Details are regulated by the federal statute according to Sentence 3.

(4) The respective shares of the Federation and the States [Länder] to the revenue from the turnover tax are newly apportioned whenever the relation of revenues to

expenditures in the Federation develops substantially differently from that of the States

[Länder]; this does not apply to reduced tax revenues which are included into the

calculation of the apportionment of value added tax according to Paragraph III 5. Where federal legislation imposes additional expenditures on or withdraws revenue from the

States [Länder], the additional burden may be compensated for by al ocation of federal

grants under a federal statute requiring the consent of the Senate [Bundesrat], provided such additional burden is limited to a short period of time. Such statute lays down the principles for calculating such grants and distributing them among the States [Länder].

(5) A share of the revenue from the income tax belongs to the communes, to be passed

on by the States [Länder] to their communes on the basis of income taxes paid by the

inhabitants of the latter. Details are regulated by a federal statute requiring the consent of the Senate [Bundesrat]. Such statute may provide that communes assess the rate

which is applicable to this communal share.

(5a) From 1 Jan 1998, a share of the revenue from the turnover tax belongs to the

communes. This share is to be passed on by the States [Länder] to their communes on

the basis of an index about locality and economic power. Details are regulated by a

federal statute requiring the consent of the Senate [Bundesrat].

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(6) Revenue from taxes on real estate and on local industry and trade belongs to the

communes; revenue from local excise taxes belongs to the communes or, as may be

provided for by State [Land] legislation, to associations of communes. Communes are

authorized to assess, within the framework of the relevant statutes, the rates at which the taxes on real estate and on local industry and trade are levied locally. Where there are no communes in a State [Land], revenue from taxes on real estate and on local

industry and trade as well as from local excise taxes belongs to the State [Land]. The

Federation and the States [Länder] may participate, by virtue of an apportionment, in

the revenue from the tax on local industry and trade. Details regarding such

apportionment are regulated by a federal statute requiring the consent of the Senate

[Bundesrat]. In accordance with State [Land] legislation, taxes on real estate and on

local industry and trade as well as the communes' share of revenue from the income tax

may be taken as a basis for calculating the amount of apportionment.

(7) An overall percentage, to be determined by State [Land] legislation, of the State

[Land] share of total revenue from joint taxes belongs to the communes or associations

of communes. In all other respects State [Land] legislation determines whether and to

what extent revenue from State [Land] taxes belong to communes or associations of

communes.

(8) Where in individual States [Länder] or communes or associations of communes the

Federation causes special facilities to be provided which directly result in an increase of expenditure or a loss of revenue (special burden) to these States [Länder] or communes

or associations of communes, the Federation grants the necessary compensation

where and insofar as such States [Länder] or communes or associations of communes

cannot reasonably be expected to bear such special burden. In granting such

compensation, due account is being taken of thirdparty indemnities and financial

benefits accruing to the States [Länder] or communes or associations of communes

concerned as a result of provision for such facilities.

(9) For the purpose of this Article, revenues and expenditures of communes or

associations of communes are deemed to be State [Land] revenues and expenditures.


Article 106a [State Share for Public Local Transport]

Starting 1 Jan. 1996, the States [Länder] can claim a sum out of federal tax revenues

for the public local transport of persons. Details are regulated by a federal statute

requiring the consent of the Senate [Bundesrat]. The sum mentioned in the first

sentence is not included in the calculation of financial strength according to Article 107

II.


Article 106b [Compensation for Transfer of Motor Vechicle Tax]

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Starting 1 July 2009, the States [Länder] can claim a sum out of federal tax revenues for the transfer of the motor vehicle tax to the Federation. Details are regulated by a federal statute requiring the consent of the Senate [Bundesrat].


Article 107 [Financial Equalization]

(1) Revenue from State [Land] taxes and the State [Land] share of revenue from income

and corporation taxes belongs to the individual States [Länder] to the extent that such taxes are collected by revenue authorities within their respective territories (local

revenue). A federal statute requiring the consent of the Senate [Bundesrat] may provide in detail for the delimitation as well as the manner and scope of al otment of local

revenue from corporation and wage taxes. Such statute may also provide for the

delimitation and allotment of local revenue from other taxes. The State [Land] share of revenue from the turnover tax belongs to the individual States [Länder] on a per capita basis; a federal statute requiring the consent of the Senate [Bundesrat] may provide for supplementary shares not exceeding one quarter of a State [Land] share to be granted

to States [Länder] whose per capita revenue from State [Land] taxes, from the income

and corporation taxes and according to Article 106b is below the average of al the

States [Länder] combined; in the case of real estate transfer tax, the difference in

revenue has to be taken into account.

(2) It has to be ensured by statute, that a reasonable equalization between financially strong and financial y weak States [Länder] is achieved; due consideration being given

to financial capacity and financial requirements of communes or associations of

communes. Such statute has to specify the conditions governing equalization claims of

States [Länder] entitled to equalization payments and equalization liabilities of States

[Länder] owing equalization payments as well as the criteria for determining the

amounts of equalization payments. Such statute may also provide for grants to be made

by the Federation from federal funds to financial y weak States [Länder] in order to

complement the coverage of their general financial requirements (supplementary

grants).


Article 108 [Revenue Administration]

(1) Customs duties, fiscal monopolies, excise taxes subject to federal legislation,

including the import turnover tax, motor vehicle tax and other traffic taxes related to motorized vehicles as well as charges imposed within the framework of the European

Communities are administered by federal revenue authorities. The organization of these

authorities is regulated by federal statute. Where authorities at the intermediate level are established, their heads are appointed in consultation with the respective State

[Land] governments.

(2) All other taxes are administered by State [Land] revenue authorities. The

organization of these authorities and the uniform training of their civil servants may be regulated by a federal statute requiring the consent of the Senate [Bundesrat]. Where

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authorities at the intermediate level are established, their heads are appointed in

agreement with the Government.

(3) To the extent that taxes accruing wholly or in part to the Federation are administered by State [Land] revenue authorities, those authorities act as agents of the Federation.

Article 85 III & IV applies with the Minister of Finance being substituted for the

Government.

(4) Regarding the administration of taxes, a federal statute requiring the consent of the Senate [Bundesrat] may provide for col aboration between federal and state revenue

authorities as well as, for taxes according to Paragraph I, for their administration by state revenue authorities, and, in the case of other taxes, for their administration by federal revenue authorities, if and insofar as the implementation of revenue statutes is substantial y improved or facilitated. Regarding taxes the revenue from which belongs

exclusively to communes (associations of communes), the administration may

completely or in part be transferred by the States [Länder] from the appropriate state

revenue authorities to communes (associations of communes).

(5) The procedure to be applied by federal revenue authorities is laid down by federal

legislation. The procedure to be applied by State revenue authorities or, as envisaged in Paragraph IV 2, by communes or associations of communes may be laid down by a

federal statute requiring the consent of the Senate [Bundesrat].

(6) The jurisdiction of revenue courts is uniformly regulated by federal legislation.

(7) The Government may issue appropriate general administrative rules which, to the

extent that administration is entrusted to State revenue authorities or communes or

associations of communes, require the consent of the Senate [Bundesrat].


Article 109 [Budget Management]

(1) The Federation and the States [Länder] are autonomous and independent of each

other in their budget management.

(2) The Federation and the States [Länder] give due regard in their budget management

to the requirements of overal economic equilibrium.

(3) The budgets of Federation and States [Länder] principal y have to be balanced

without revenue from credits. Federation and States [Länder] may adopt rules to

symmetrically ballance in boom and bust periods the effects of economic cycles

deviating from normality as well as exceptions for natural catastrophes or exceptional

emergencies outside of state control and with serious negative impact on public

finances. Equivalent amortization rules have to be adopted for exceptions. Details are

regulated for the budget of the Federation according to Article 115, provided that

sentence 1 is complied with if revenues from credits do not exceed 0.35 percent in

relation to the nominal gross domestic product. Details are regulated for the budget of

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the States [Länder] within their constitutional competencies, provided that sentence 1 is only complied with if no revenues from credits are admitted.

(4) Through federal legislation requiring the consent of the Senate [Bundesrat]

principles applicable to both the Federation and the States [Länder] may be established governing budgetary law, responsiveness of budget management to economic trends,

and financial planning to cover several years ahead.

(5) Sanctions by the European Community with regard to provisions in Article 104 of the Treaty establishing the European Community about the observance of fiscal discipline

are borne by the Federation and the States [Länder] in the ratio 65 to 35.


Article 109a [Stability Council]

To prevent budget emergencies, a federal statute requiring the consent of the Senate

[Bundesrat] provides for

1. continuous control of the budget management of Federation and States [Länder] by

a common body (stability council),

2. preconditions and procedure for the declaration of an imminent budget emergency,

3. principles for the establishment and implementation of restructuring programs to

prevent budget emergencies.

The decisions of the stability council and the documentation of its deliberation have to be published.


Article 110 [Budget Law]

(1) All revenues and expenditures of the Federation are included in the budget; in

respect of federal enterprises and special assets, only al ocations thereto or remittances therefrom need be included. The budget has to be balanced as regards revenue and

expenditure.

(2) The budget is laid down in a statute covering one year or several fiscal years

separately before the beginning of the first of those fiscal years. Provision may be made for parts of the budget to apply to periods of different duration, but divided into fiscal years.

(3) Bills within the meaning of Paragraph II 1 as well as bills to amend the budget

statute and the budget are submitted simultaneously to the Senate [Bundesrat] and to

the House of Representatives [Bundestag]; the Senate [Bundesrat] is entitled to state its position on such bil s within six weeks or. in the case of amending bil s, within three weeks.

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(4) The budget statute may contain only such provisions as apply to revenues and

expenditures of the Federation and to the period for which the budget statute is being

enacted. The budget statute may stipulate that these provisions cease to apply only

upon the promulgation of the next budget statute or, in the event of an authorization

pursuant to Article 115, at a later date.


Article 111 [Interim Budget]

(1) Where, by the end of a fiscal year, the budget for the fol owing year has not been

laid down by statute, the Government may, until such statute comes into force, make all payments which are necessary:

a) to maintain statutory institutions and to carry out measures authorized by statute;

b) to meet the Federation's legal obligations;

c) to continue building projects, procurements, and other services, or to continue to

grant subsidies for these purposes, provided that amounts have already been

appropriated in the budget of a previous year.

(2) To the extent that revenues provided by specific legislation and derived from taxes or duties or any other sources, or the working capital reserves, do not cover the

expenditures referred to in Paragraph I, the Government may borrow the funds

necessary for the conduct of current operations up to a maximum of one quarter of the

total amount of the previous budget.


Article 112 [Excessive Expenditures]

Expenditures in excess of budgetary appropriations and extra budgetary expenditures

require the consent or the Minister or Finance. Such consent may be given only in the

case of an unforeseen and compelling necessity. Details may be regulated by federal

legislation.


Article 113 [Changing of Expenditures/Revenues]

(1) Statutes increasing the budget expenditures proposed by the Government or

involving or likely in future to cause new expenditures requires the consent of the

Government. This also applies to statutes involving or likely in future to cause

decreases in revenue. The Government may demand that the House of

Representatives [Bundestag] postpone its vote on such bil s. In this case the

Government states its position to the House of Representatives [Bundestag] within six

weeks.

(2) Within four weeks after the House of Representatives [Bundestag] has adopted such

a bill, the Government may demand that it votes on that bill again.

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(3) Where the bill has become a statute pursuant to Article 78, the Government may

withhold its consent only within six weeks and only after having initiated the procedure provided for Paragraph I 3 & 4 or in Paragraph II. Upon the expiry of this period such consent is deemed to have been given.


Article 114 [Audit]

(1) The Minister of Finance on behalf of the Government has to submit annually to the

House of Representatives [Bundestag] and to the Senate [Bundesrat] for their approval

an account, covering the preceding fiscal year, of all revenues and expenditures as well as of property and debt.

(2) The Federal Audit Office, the members of which enjoy judicial independence, audits

the account and examines the management of the budget and the conduct of business

as to economy and correctness. The Federal Audit Office submits an annual report

directly to the Government as well as to the House of Representatives [Bundestag] and

to the Senate [Bundesrat]. In all other respects the powers of the Federal Audit Office are regulated by federal legislation.


Article 115 [State Credit]

(1) The borrowing of funds and the assumption of pledges, guarantees or other

commitments, as a result of which expenditure may be incurred in future fiscal years,

requires federal legislative authorization indicating, or permitting computation of, the maximum amounts involved.

(2) Revenue and expenditure are principal y to be balanced without revenues from

credits. This principle is satisfied if revenues from credits do not exceed 0.35 percent in relation to the nominal gross domestic product. Furthermore, in the case of economic

cycles deviating from normality, effects on the budget have to be factored in by

symmetrically ballancing boom and bust periods. Deviations of actual borrowing from

the credit limit outlined by sentences 1 to 3 are to be registered on a control account; debits exceeding the threshold of 1.5 percent in relation to the nominal gross domestic product have to be reduced with the economic cycle. Details, particularly the balancing of revenue and expenditure by financial transactions and the procedure for the

calculation of the yearly limit of net borrowing in consideration of the economic cycle on the basis of an economic cycle equalization procedure as well as the control and

readjustment of effective borrowing against the credit limit, are regulated by a federal statute. In the case of natural catastrophes or exceptional emergencies outside of state control and with serious negative impact on public finances, these credit limits may be exceeded by a decision of the majority of the members of the House of Representatives

[Bundestag]. The decision has to be combined with an amortization plan. The

readjustment of borrowing according to sentence 6 has to be carried out within an

adequate space of time.

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Chapter Xa -- State of Defense


Article 115a [State of Defense]

(1) The determination that federal territory is being attacked by armed force or that such an attack is directly imminent (state of defense) are made by the House of

Representatives [Bundestag] with the consent of the Senate [Bundesrat]. Such

determination are made at the request of the Government and require a twothirds

majority of the votes cast, which include at least the majority of the members of the

House of Representatives [Bundestag].

(2) Where the situation imperatively calls for immediate action and where

insurmountable obstacles prevent the timely assembly of the House of Representatives

[Bundestag], or where there is no quorum in the House of Representatives [Bundestag],

the Joint Committee makes this determination with a twothirds majority of the votes

cast, which includes at least the majority of its members.

(3) The determination is promulgated in the Federal Law Gazette by the President

pursuant to Article 82. Where this cannot be done in time, the promulgation is effected in another manner; subsequently, it has to be printed in the Federal Law Gazette as

soon as circumstances permit.

(4) Where the federal territory is being attacked by armed force and where the

competent bodies of the Federation are not in a position at once to make the

determination provided for in Paragraph I 1, such determination is deemed to have been

made and promulgated at the time the attack began. The President announces such

time as soon as circumstances permit.

(5) Where the determination of the existence of a state of defense has been

promulgated and where the federal territory is being attacked by armed force, the

President may, with the consent of the House of Representatives [Bundestag], issue

declarations under international law regarding the existence of such state of defense.

Where the conditions mentioned in Paragraph II apply, the Joint Committee acts in

substitution for the House of Representatives [Bundestag].


Article 115b [Command of the Chancel or]

Upon the promulgation of a state of defense, the power of command over the Armed

Forces passes to the Chancellor.


Article 115c [Extension of Legislative Powers]

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(1) The Federation has the right to legislate concurrently in respect of a state of defense even on matters within the legislative powers of the States [Länder]. Such statutes

require the consent of the Senate [Bundesrat].

(2) Federal legislation to be applicable upon the occurrence of a state of defense to the extent required by conditions obtaining while such state of defense exists may make:

1. preliminary provision for compensation to be made in the event of property being

taken, in derogation of Article 14 III 2;

2. provision for a timelimit other than that referred to in Article 104 II 3 & III 1 in respect of deprivations of liberty, but not exceeding four days at the most, in a case where no judge has been able to act within the time limit applying in normal times.

(3) Federal legislation to be applicable upon the occurrence of a state of defense to the extent required for averting an existing or directly imminent attack may, subject to the consent of the Senate [Bundesrat], regulate the administration and the financial system of the Federation and the States [Länder] in derogation of Sections VIII, VIIIa and X,

provided that the viability of the States [Länder], communes and associations of

communes is safeguarded, particularly in financial matters.

(4) Federal statutes enacted pursuant to Paragraph I or Subparagraph 1 of Paragraph II

may, for the purpose of preparing for their enforcement, be applied even prior to the

occurrence of a state of defense.


Article 115d [Legislative Process for Urgent Bills]

(1) While a state of defense exists, the provisions of Paragraphs II and III apply in

respect of federal legislation, in derogation of the provisions of Articles 76 II, 77 I 2 & II to IV, 78, and 82 I.

(2) Bills submitted as urgent by the Government are forwarded to the Senate

[Bundesrat] at the same time as they are submitted to the House of Representatives

[Bundestag]. The House of Representatives [Bundestag] and the Senate [Bundesrat]

debate such bills together without delay. Insofar as the consent of the Senate

[Bundesrat] is necessary, the majority of its votes is required for any such bill to become a statute. Details are regulated by rules of procedure adopted by the House of

Representatives [Bundestag] and requiring the consent of the Senate [Bundesrat].

(3) Article 115a III 2 also applies in respect of the promulgation of such statutes.


Article 115e [Powers of Joint Committee]

(1) Where, in a state of defense, the Joint Committee determines with a twothirds

majority of the votes cast, which includes at least the majority of its members, that

insurmountable obstacles prevent the timely assembly of the House of Representatives

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[Bundestag] or that there is no quorum in the House of Representatives [Bundestag],

the Joint Committee has the status of both the House of Representatives [Bundestag]

and the Senate [Bundesrat] and exercises their rights as one body.

(2) The Joint Committee may not enact any statute to amend this Constitution or to

deprive it of effect or application either in whole or in part. The Joint Committee is not authorized to enact statutes pursuant to Articles 23 I 2, 24 I, or 29.


Article 115f [Powers of Government]

(1) In a state of defense, the Government may, to the extent necessitated by

circumstances:

1. use the Federal Border Guard throughout the federal territory;

2. issue instructions not only to federal administrative authorities but also to State

[Land] governments and, where it deems the matter urgent, to State [Land] authorities,

and may delegate this power to members of State [Land] governments to be designated

by it.

(2) The House of Representatives [Bundestag], the Senate [Bundesrat] and the Joint

Committee is informed without delay of the measures taken in accordance with

Paragraph I.


Article 115g [Functions of Federal Constitutional Court]

The constitutional status and the performance of the constitutional functions of the

Federal Constitutional Court and its judges may not be impaired. The Federal

Constitutional Court Act may not be amended by a statute enacted by the Joint

Committee except insofar as such amendment is required, also in the opinion of the

Federal Constitutional Court, to maintain the capability of the Court to function. Pending the enactment of such a statute, the Federal Constitutional Court may take such

measures as are necessary to maintain the capability of the Court to carry out its work.

Any decisions by the Federal Constitutional Court in pursuance of the second and third

sentence of this Article requires a twothirds majority of the judges present.


Article 115h [Constitutional Institutions]

(1) Any legislative terms of the House of Representatives [Bundestag] or of State [Land]

parliaments due to end while a state of defense exists end six months after the

termination of such state of defense. A term of office of the President due to expire while a state of defense exists, and the exercise of his functions by the President of the

Senate [Bundesrat] in case of the premature vacancy of the President's office, ends

nine months after the termination of such state of defense. The term of office of a

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member of the Federal Constitutional Court due to expire while a state of defense exists ends six months after the termination of such state of defense.

(2) Should the necessity arise for the Joint Committee to elect a new Chancellor, the

Committee does so with the majority of its members; the President proposes a

candidate to the Joint Committee. The Joint Committee can express its lack of

confidence in the Chancellor only by electing a successor with a twothirds majority of its members.

(3) The dissolution of the House of Representatives [Bundestag] is impossible during a

state of defense.


Article 115i [State Governments]

(1) Where the competent federal bodies are incapable of taking the measures

necessary to avert the danger, and where the situation imperatively calls for immediate independent action in individual parts of the federal territory, the State [Land]

governments or the authorities or commissioners designated by them are authorized to

take, within their respective spheres of competence, the measures provided for in Article 115f I.

(2) Any measures taken in accordance with Paragraph I of the present Article may be

revoked at any time by the Government, or, in relation to State [Land] authorities and

subordinate federal authorities, by State [Land] ministerpresidents.


Article 115k [Extraordinary Legal Provisions]

(1) Statutes enacted in accordance with Articles 115c, 115e, and 115g, as well as

ordinances issued by virtue of such statutes, for the duration of their applicability

suspend law which is inconsistent with such statutes or ordinances. This provision does not apply to earlier legislation enacted by virtue of Articles 115c, 115e or 115g.

(2) Statutes adopted by the Joint Committee, as well as ordinances issued by virtue of

such statutes, cease to have effect not later than six months after the termination of a state of defense.

(3) Statutes containing provisions that diverge from Articles 91a, 91b, 104a, 106 and

107 applies no longer than the end of the second fiscal year fol owing upon the

termination of a state of defense. After such termination they may, with the consent of the Senate [Bundesrat], be amended by federal legislation so as to return to the

provisions made in Sections VIIIa and X.


Article 115l [Repeal of Extraordinary Measures]

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(1) The House of Representatives [Bundestag], with the consent of the Senate

[Bundesrat], may at any time repeal statutes enacted by the Joint Committee. The

Senate [Bundesrat] may demand that the House of Representatives [Bundestag] make

a decision on such matter. Any measures taken by the Joint Committee or the

Government to avert a danger has to be revoked where the House of Representatives

[Bundestag] and the Senate [Bundesrat] so decide.

(2) The House of Representatives [Bundestag], with the consent of the Senate

[Bundesrat], may at any time declare a state of defense terminated by a decision to be

promulgated by the President. The Senate [Bundesrat] may demand that the House of

Representatives [Bundestag] make a decision on such matter. The state of defense has

to be declared terminated without delay where the prerequisites for its declaration no

longer exist.

(3) The conclusion of peace is subject to federal statute.


Chapter XI -- Transitional and Concluding Provisions


Article 116 [Definition of "a German"]

(1) Unless otherwise provided by statute, a German within the meaning of this

Constitution is a person who possesses German citizenship or who has been admitted

to the territory of the German Reich within the frontiers of 31 December 1937 as a

refugee or expellee of German ethnic origin or as the spouse or descendant of such a

person.

(2) Former German citizens who, between 30 January 1933 and 8 May 1945, were

deprived of their citizenship on political, racial or religious grounds, and their

descendants, are re-granted German citizenship on application. They are considered as

not having been deprived of their German citizenship where they have established their

residence in Germany after 8 May 1945 and have not expressed a contrary intention.


Article 117 [Articles 3 II, 11]

(1) Law which is inconsistent with Article 3 II remain in force until adapted to that

provision of this Constitution, but not beyond 31 March, 1953.

(2) Statutes which restrict the right of freedom of movement in view of the present

housing shortage remain in force until repealed by federal legislation.


Article 118 [Baden, Wuerttemberg]

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A new delimination of the territory comprising the States [Länder] of Baden,

WuerttembergBaden and Wuerttemberg-Hohenzol ern may be effected, in derogation of

the provisions of Article 29, by agreement between the States [Länder] concerned.

Where no agreement is reached, the reorganization is effected by federal legislation

which provides for a plebiscite.


Article 118a [Berlin, Brandenburg]

The new delimitation of boundaries between Berlin and Brandenburg can, differing from

the provisions of Article 29, be constituted by agreement between both States [Länder]

under participation of their electorate.


Article 119 [Refugees, Expellees]

In matters relating to refugees and expellees, in particular as regards their distribution among the States [Länder], the Government may, with the consent of the Senate

[Bundesrat], issue ordinances having statutory effect, pending the settlement of the

matter by federal legislation. The Government may in this matter be authorized to issue individual instructions for particular cases. Except where there is danger resulting in any delay in taking action, such instructions are addressed to the highest State [Land]

authorities.


Article 120 [Occupation Expenditure]

(1) The Federation meets the expenditure for occupation costs and the other internal

and external burdens caused by the war, as regulated in detail by federal legislation. To the extent that these costs and other burdens have been regulated by federal legislation on or before 1 Oct. 1969, the Federation and the States [Länder] meet such expenditure

between them in accordance with such federal legislation. Insofar as expenditures for

such of these costs and burdens as neither have been nor will be regulated by federal

legislation have been met on or before I October 1965 by States [Länder], communes,

associations of communes or other entities performing functions of the States [Länder]

or the communes, the Federation is not obliged to meet expenditure of that nature even

where it arises after that date. The Federation pays the subsidies towards the burdens

of social insurance institutions, including unemployment insurance and public

assistance to the unemployed. The distribution between the Federation and the States

[Länder] of costs and other burdens caused by the war, as regulated in this paragraph,

does not affect any statutory regulation of claims for indemnification in respect of the consequences of the war.

(2) Revenues pass to the Federation at the same time as the latter assumes

responsibility for the expenditure referred to in this Article.


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Article 120a [Equalization of Burdens]

(1) Statutes serving to implement the equalization of burdens may, with the consent of

the Senate [Bundesrat], stipulate that they are executed, as regards equalization

benefits, partly by the Federation and partly by the States [Länder] acting as agents of the Federation, and that the relevant powers vested in the Government and the

competent highest federal authorities by virtue of Article 85 are wholly or partly

delegated to the Federal Equalization Office. In exercising these powers, the Federal

Equalization Office does not require the consent of the Senate [Bundesrat]; with the

exception of urgent cases, its instructions has to be given to the highest State [Land]

authorities (State Equalization Offices).

(2) The provisions of Article 87 III 2 are not affected hereby.


Article 121 [Definition of "Majority"]

Within the meaning of this Constitution, a majority of the members of the House of

Representatives [Bundestag] and a majority of the members of the Federal Convention

are the majority of the respective statutory number of their members.


Article 122 [Transfer of Legislative Powers]

(1) From the date of the assembly of the House of Representatives [Bundestag],

statutes are enacted exclusively by the legislative bodies recognized in this Constitution.

(2) Legislative bodies as well as those bodies participating in legislation in an advisory capacity, whose competence ends by virtue of Paragraph I, are dissolved with effect

from that date.


Article 123 [Validity of Old Law and Treaties]

(1) Law in force before the first assembly of the House of Representatives [Bundestag]

remains in force insofar as it does not conflict with this Constitution.

(2) Subject to all rights and objections of the interested parties, the treaties concluded by the German Reich concerning matters which, under this Constitution, are within the

legislative competence of the States [Länder], remain in force, provided they are and

continue to be valid in accordance with general principles of law, until new treaties are concluded by the agencies competent under this Constitution, or until they are in any

other way terminated pursuant to their provisions.


Article 124 [Sphere of Exclusive Legislative Power]

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Law affecting matters subject to the exclusive legislative power of the Federation

becomes federal law in the area in which it applies.


Article 125 ["Inherited" Federal Law]

Law affecting matters subject to the concurrent legislative power of the Federation

becomes federal law in the area in which it applies:

1. insofar as it applies uniformly within one or more zones of occupation;

2. insofar as it is law by which former Reich law has been amended after 8 May 1945.


Article 125a [Old Federal Law as State Law]

(1) Law adopted as federal law which, because of changes in Article 74 I, insertion of

Articles 84 I 7, 85 I 2 or 105 IIa 2 or because of the repeal of Articles 74a, 75 or 98 III 2, could no longer be adopted as federal law continues to be federal law. It can be

replaced by State [Land] law.

(2) Law adopted on the basis of Article 72 II in the version valid until 15 Nov. 1994, but no longer admissible as federal statute because of the change in Article 72 II, continues to be federal law. Federal statutes can stipulate its replaceability by State [Land] law.

(3) Law adopted as State [Land] law, but no longer adoptable as State [Land] law due to Article 73, continues to be valid as State [Land] law. It may be replaced by federal law.


Article 125b [Framework Legislation, Deviation]

(1) Law adopted on the basis of Article 75 in the form valid until 1st September 2006

and still adoptable as federal law thereafter continues to be valid as federal law. In this respect, the States' [Länder] powers and responsibilities to legislate continue to exist.

Regarding the subjects mentioned in Article 72 III 1, the States [Länder] may adopt

divergent rules, however, regarding the subjects of Article 72 III 1 Numbers 2, 5, and 6

only if and insofar as the Federation, after 1st September 2006, has used its legislative power, in the case of Numbers 2 and 5 on 1st January 2010 at the latest, in the case of Number 6 on 1st August 2008 at the latest.

(2) The States [Länder] may adopt rules diverging from federal statutes adopted on the

basis of Article 84 I in the form valid until 1st September 2006, however, regarding

administrative procedures only until 31st December 2008 and only if the administrative

procedures in the respective federal statute have been changed after 1st September

2006.


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Article 125c [Law Regarding Joint Tasks]

(1) Law adopted on the basis of Article 91a II in conjunction with Paragraph I Number 1

in the form valid until 1st September 2006 continue to be valid until 31st December

2006.

(2) Rules regarding financial assistance to communes and for rent-control ed

apartments adopted on the basis of Article 104a IV in the form valid until 1st September 2006 continue to be valid until 31st December 2006. Special programs regarding

financial assistance for traffic in communes based on § 6 I of the Statute About

Communal Traffic Financing as well as other rules adopted on the basis of Article 104a

IV in the form valid until 1st September 2006 continue to be valid until 31st December

2019, provided no earlier expiration date has been or will be set.


Article 126 [Applicability of Law as Federal Law]

Differences of opinion regarding the applicability of law as federal law are settled by the Federal Constitutional Court.


Article 127 [Bi-zonal Economic Administration]

Within one year of the promulgation of this Constitution the Government may, with the

consent of the governments of the States [Länder] concerned, extend to the States

[Länder] of Baden, Greater Berlin, Rhineland-Palatinate and Wuerttemberg-

Hohenzollern any legislation of the Bi-zonal Economic Administration, insofar as it

continues to be in force as federal law under Article 124 or 125.


Article 128 [Continuance of Powers to Give Instructions]

Insofar as law continuing in force provides for powers to give instructions within the

meaning of Article 84 V, these powers remain in existence until otherwise provided by

statute.


Article 129 [Applicability of Authorizations]

(1) Insofar as legal provisions which continue in force as federal law contain

authorizations to issue ordinances or to issue general administrative rules or to perform administrative acts, such authorizations pass to the agencies henceforth competent in

the matter. In cases of doubt, the Government decides in agreement with the Senate

[Bundesrat]; such decisions are published.

(2) Insofar as legal provisions which continue in force as State [Land] law contain such authorizations, they are exercised by the agencies competent under State [Land] law.

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(3) Insofar as legal provisions within the meaning of Paragraphs I and II authorize their amendment or supplementation or the issue of legal instead of statutory provisions,

such authorizations are deemed to have expired.

(4) The provisions of Paragraphs I and II also apply where legal provisions refer to

regulations no longer valid or to institutions no longer in existence.


Article 130 [Control Over Existing Institutions]

(1) Administrative agencies and other institutions which serve the public administration or the administration of justice and are not based on State [Land] law or treaties

between States [Länder], as well as the Administrative Union of South West German

Railroads and the Administrative Council for the Postal Services and

Telecommunications of the French Zone of Occupation, are placed under the control of

the Government. The Government provides, with the consent of the Senate [Bundesrat],

for their transfer, dissolution, or liquidation.

(2) The highest disciplinary superior of the personnel of these administrative bodies and institutions is the appropriate Minister.

(3) Corporate bodies and institutions under public law not directly subordinate to a State

[Land] nor based on treaties between States [Länder] are under the supervision of the

competent highest federal authority.


Article 131 [Former Public Service Personnel]

Federal legislation is passed to regulate the legal position of persons, including

refugees and expel ees, who, on 8 May, 1945, were employed in the public service,

have left the service for reasons other than those arising from civil service regulations or collective agreement rules, and have not until now been reinstated or are employed in a position not corresponding to their former one. The same rule is applicable to persons, including refugees and expel ees, who, on 8 May, 1945, were entitled to a pension and

who no longer receive any such pension or any commensurate pension for reasons

other than those arising from civil service regulations or col ective agreement rules. Until the pertinent federal statute comes into force, no legal claims can be made, unless

otherwise provided by State [Land] legislation.


Article 132 Public Service Rights]

(1) Civil servants and judges who, when this Constitution comes into force are

appointed for life, may, within six months after the first assembly of the House of

Representatives [Bundestag], be retired or temporarily retired or be given a different

office with lower remuneration where they lack the personal or professional aptitude for their present office. This provision also applies to salaried public employees, other than

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civil servants or judges, whose service cannot be terminated by notice. Where,

however, such service can be terminated by notice, periods of notice in excess of the

periods fixed by collective agreement rules may be cancelled within the six months

referred to above.

(2) The preceding provision does not apply to members of the public service who are

not affected by the provisions regarding the "Liberation from National Socialism and Militarism" or who are recognized victims of National Socialism, except on important grounds relating to themselves as individuals.

(3) Those affected may have recourse to the courts in accordance with Article 19 IV.

(4) Details are specified by an ordinance of the Government requiring the consent of the Senate [Bundesrat].


Article 133 [Bi-zonal Economic Administration]

The Federation succeeds to the rights and obligations of the Bi-zonal Economic

Administration.


Article 134 [Reich Property]

(1) Reich property on principle becomes federal property.

(2) Insofar as such property was originally intended to be used predominantly for

administrative tasks which, under this Constitution, are not administrative tasks of the Federation, it is transferred without compensation to the agencies now charged with

such tasks, and to the States [Länder] insofar as it is being used at present, and not

merely temporarily, for administrative tasks which under this Constitution are now within the administrative competence of the States [Länder]. The Federation may also transfer

other property to the States [Länder].

(3) Property which was placed at the disposal of the Reich by States [Länder] or

communes or associations of communes without compensation again becomes the

property of such States [Länder] or communes or associations of communes, insofar as

it is not required by the Federation for its own administrative tasks.

(4) Details are regulated by a federal statute requiring the consent of the Senate

[Bundesrat].


Article 135 [Property of Old States]

(1) Where after 8 May 1945 and before the coming into force of this Constitution an

area has passed from one State [Land] to another, the State [Land] to which the area

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now belongs is entitled to the property located therein of the State [Land] to which it belonged.

(2) Property of States [Länder] or corporate bodies or institutions under public law which no longer exist passes, insofar as it was originally intended to be used predominantly for administrative tasks or is being used at present, and not merely temporarily,

predominantly for administrative tasks, to the State [Land] or the corporate body or

institution under public law which now discharges these tasks.

(3) Real estate of States [Länder] which no longer exist, including accessories, passes to the State [Land] within which it is located, insofar as it is not included among property within the meaning of Paragraph I.

(4) Where an overriding interest of the Federation or the particular interest of an area so requires, a settlement other than in Paragraphs I to III may be effected by federal

legislation.

(5) In al other respects, the succession in title and the settlement of the property,

insofar as it has not been effected before l January 1952 by agreement between the

States [Länder] or corporate bodies or institutions under public law concerned, is

regulated by federal legislation requiring the consent of the Senate [Bundesrat].

(6) Interests of the former State of Prussia in enterprises under private law passes to the Federation. A federal statute, which may also diverge from this provision, regulates the details.

(7) Insofar as property which on the coming into force of this Constitution would devolve upon a State [Land] or a corporate body or institution under public law pursuant to

Paragraphs I to III has been disposed of through or by virtue of a State [Land] law or in any other manner by the party thus entitled, the transfer of the property is deemed to

have taken place before such disposition.


Article 135a [Old Liabilities]

(1) The legislation reserved to the Federation in Article 134 IV and in Article 135 V may also stipulate that the following liabilities are not discharged, or not to their ful extent: 1. Liabilities of the Reich or liabilities of the former State of Prussia or liabilities of such corporate bodies and institutions under public law as no longer exist;

2. such liabilities of the Federation or corporate bodies and institutions under public law as are connected with the transfer of properties pursuant to Articles 89, 90, 134 or 135, and such liabilities of these entities as arise from measures taken by the entities

mentioned under No. 1;

3. such liabilities of States [Länder] or communes or associations of communes as

have arisen from measures taken by these legal entities before 1 August 1945 within

the framework of administrative functions incumbent upon or delegated by the Reich to

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comply with regulations of occupying powers or to put an end to a state of emergency

due to the war.

(2) Paragraph I above also applies to liabilities of the German Democratic Republic or

its legal entities as well as to liabilities of the Federation or other corporate bodies and institutions under public law which are connected with the transfer of properties of the German Democratic Republic to the Federation, States [Länder] and communes, and to

liabilities arising from measures taken by the German Democratic Republic or its legal

entities.


Article 136 [First Assembly of Senate]

(1) The Senate [Bundesrat] assembles for the first time on the day of the first assembly of the House of Representatives [Bundestag].

(2) Until the election of the first President, his powers are exercised by the President of the Senate [Bundesrat]. He does not have the right to dissolve the House of

Representatives [Bundestag].


Article 137 [Eligibility of Civil Servants]

(1) The right of civil servants, of other salaried public employees, of professional

soldiers, of temporary volunteer soldiers or of judges to stand for election in the

Federation, in the States [Länder] or in the communes may be restricted by legislation.

(2) The electoral statute to be adopted by the Parliamentary Council applies to the

election of the first House of Representatives [Bundestag], of the first Federal

Convention and of the first President of the Federal Republic.

(3) The function of the Federal Constitutional Court pursuant to Article 41 II, pending its establishment, is exercised by the German High Court for the Combined Economic

Area, which decides in accordance with its rules of procedure.


Article 138 [Southern German Notaries]

Changes in notarial institutions as presently existing in the States [Länder] of Baden, Bavaria, WuerttembergBaden and WuerttembergHohenzollern require the consent of

the governments of these States [Länder].


Article 139 [Denazification Laws]

The legislation enacted for the "Liberation of the German People from National

Socialism and Militarism" is not affected by the provisions of this Constitution.

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Article 140 [Law of Religious Bodies]

The provisions of Articles 136, 137, 138, 139 and 141 of the German Constitution of 11

August 1919 are integral parts of this Constitution.


Article 141 ["Bremen Clause"]

Article 7 III 1 does not be applied in any State [Land] in which different provisions of State [Land] law were in force on 1 Jan. 1949.


Article 142 [Basic Rights in State Constitutions]

Notwithstanding the provision of Article 31, such provisions of State [Land] constitutions also remain in force as guarantee basic rights in conformity with Articles 1 to 18 of this Constitution.


Article 142a [repealed]


Article 143 [Limitation of Deviations]

(1) Law in the territory specified in Article 3 of the Unification Treaty may deviate from provisions of this Constitution for a period not extending beyond 31 December 1992 in

so far as and as long as no complete adjustment to the order of the Constitution can be achieved as a consequence of the different conditions. Deviations must not violate

Article 19 II and must be compatible with the principles set out in Article 79 III.

(2) Deviations from sections II, VIII, VIIIa, IX, X and XI are permissible for a period not extending beyond 31 December 1995.

(3) Notwithstanding Paragraphs I & II above, Article 41 of the Unification Treaty and the rules for its implementation remain valid in so far as they provide for the irreversibility of intrusion on property in the territory specified in Article 3 of the said Treaty.


Article 143a [Railroad Administration]

(1) The Federation has exclusive legislation in all matters arising from the

transformation of railroads of the Federation from direct federal administration to

businesses. Article 87e V is applicable. Officials of railroads of the Federation can, by statute preserving their legal position and the responsibility of their former employer, be assigned to work at railroads of the Federation organized under private law.

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(2) Statutes according to Paragraph II are administered by the Federation.

(3) The discharge of all duties in the area of local railway transport of persons by former railroads of the Federation is a responsibility of the Federation until 31 Dec. 1995. This provision also applies to tasks of railway traffic administration. Details are regulated by federal legislation requiring the consent of the Senate [Bundesrat].


Article 143b [Deutsche Bundespost]

(1) The special property Deutsche Bundespost will be transformed into private law

businesses according to a federal statute. The Federation has exclusive legislation over all related matters.

(2) Exclusive rights of the Federation prior to the transformation can be delegated

preliminarily to businesses originating in the Deutsche Bundespost Postdienst and

Deutsche Bundespost Telekom. The Federation may sell the majority of shares in the

business originating in the Deutsche Bundespost Postdienst no earlier than five years

after enacting the statute. For this measure, a federal statute with consent of the Senate

[Bundesrat] is required.

(3) Federal officers of the Deutsche Bundespost are being employed by the businesses

preserving their legal position and the responsibility of their former employer. These

businesses exercise the rights of the former employer. Details are regulated by a federal statute.


Article 143c [Compensation for the Abolishment of Joint Tasks and Financial Support]

(1) Between 1st January 2007 and 31st December 2019, the States [Länder] may claim

yearly contributions from the federal budget for the abolishment of joint tasks regarding extension and construction of universities including university hospitals and educational planning as well as for the abolishment of financial support to improve traffic conditions within communes and rent-controlled apartments. Until 31st December 2013, these

contributions will be calculated on the basis of average federal support during the

reference period of 2000 to 2008.

(2) Until 31st December 2013, the contributions according to Paragraph I are distributed among the States [Länder]:

1. as yearly fixed amounts according to the average share of each State [Land] during

the period 2000 to 2003;

2. according to the purpose of the task in the case of former mixed financing.

(3) Federation and States, until the end of 2013, reappraise the sufficiency and

necessity of the funds assigned to the States [Länder] according to Paragraph I for

fulfilling the responsibilities of the States [Länder]. Starting 1st January 2014, the

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limitation to the purpose as established by Paragraph II Number 2 for the funds

provided according to Paragraph I is abolished; the share of investment within the total of funds remains fixed. Agreements in the Solidarity Pact II remain unaffected.

(4) Details are regulated by a federal statute requiring the consent of the Senate

[Bundesrat].


Article 143d [Consolidation Support]

(1) Articles 109 and 115 in the version valid until 31 July 2009 are applicable for the last time on the 2010 budget. Articles 109 and 115 in the version in force on 1 Aug. 2009 are applicable for the first time on the 2011 budget; provided that credit authorizations

existing on 31 Dec. 2010 for seperate assets remain untouched. The States [Länder]

may, for the period 1 Jan. 2011 to 31 Dec. 2019, following applicable rules of State

[Land] regulation, deviate from the provisions of Article 109 III. The budgets of the

States [Länder] have to be planned in a way that the budget 2020 satisfies the

requirements of Article 109 III 5. The Federation may, for the period 1 Jan. 2011 to 31

Dec. 2015 deviate from the provision of Article 115 II 2. The reduction of existing deficits should commence with the budget 2011. The yearly budgets have to be planned in a

way that the budget 2016 satisfies the requirement of Article 115 II 2; details are

regulated by a federal statute.

(2) To help observing the provisions of Article 109 III after 1 Jan. 2020, the States

[Länder] of Berlin, Bremen, Saarland, Saxony-Anhalt, and Schleswig-Holstein for the

period 2011 to 2019 may receive consolidation support out of the federal budget to the

total extent of 800 million Euro per year. The shares are 300 mil ion Euro for Bremen,

260 million Euro for Saarland, and 80 mil ion Euro each for Berlin, Saxony-Anhalt, and

Schleswig-Holstein. The support is extended on the basis of an administrative

agreement according to a federal statute requiring the consent of the Senate

[Bundesrat]. Receipt of the support requires a complete reduction of financial deficits until the end of 2010. The details, particularly regarding the yearly steps of reduction in financial deficits, the supervision of the reduction of financial deficits by the stability council as well as the sanctions in case of non-compliance with the steps of reduction, are regulated by federal statute requiring the consent of the Senate [Bundesrat] and by administrative agreement. The simultaneous receipt of consolidation support and

reorganization support in case of extreme budget emergency is excluded.

(3) The financial burden resulting from consolidation support is carried by Federation

and States [Länder] to one half each, the latter financing it from their share of the value added tax. Details are regulated by federal statute requiring the consent of the Senate

[Bundesrat].


Article 144 [Ratification of the Constitution]

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(1) This Constitution requires ratification by the parliaments of two thirds of the German States [Länder] in which it is for the time being to apply.

(2) Insofar as the applications of this Constitution is subject to restrictions in any State

[Land] listed in Article 23 or in any part thereof, such State [Land] or part thereof has the right to send representatives to the House of Representatives [Bundestag] in

accordance with Article 38 and to the Senate [Bundesrat] in accordance with Article 50.


Article 145 [Promulgation of the Constitution]

(1) The Parliamentary Council confirms in public session, with the participation of the deputies of Greater Berlin, the fact of ratification of this Constitution and signs and promulgates it.

(2) This Constitution comes into force at the end of the day of promulgation.

(3) It is published in the Federal Law Gazette.


Article 146 [Validity of the Constitution]

This Constitution, which is valid for the entire German people following the achievement of the unity and freedom of Germany, ceases to be in force on the day on which a

constitution adopted by a free decision of the German people comes into force.

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Document Outline

Basic Law for the Federal Republic of Germany