Basic law for the Federal Republic of Germany

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GG

Date of completion: 23.05.1949

Full quote:

" Basic Law for the Federal Republic of Germany in the revised version published in the Federal Law Gazette Part III, outline number 100-1, the latest by Article 1 of the Law of 23 December 2014 (BGBl. I p. 2438).

Status:

Last amended by Art. 1 G v. 23.12.2014 I 2438

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 14.12.1976 + + +) 
(+ + + measures on the basis of the EinigVtr cf.  GG Appendix EV + + +) 

  

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Input formula

On 23 May 1949, the Parliamentary Council in Bonn on the Rhine held a public meeting that the Basic Law for the Federal Republic of Germany, adopted by the Parliamentary Council on 8 May 1949, was adopted in the week of 16. by 22 May 1949 by the representatives of more than two-thirds of the participating German Länder.
On the basis of this finding, the Parliamentary Council, represented by its presidents, has issued and proclaimed the Basic Law.
The Basic Law is hereby published in accordance with Article 145 (3) of the Federal Law Gazans: Unofficial table of contents

Preamble

Conscious of its responsibility before God and the people,
The German people have been given the power of this Basic Law by virtue of their constitutional violence, which has the will to serve the peace of the world as an equal member in a united Europe.
The Germans in the countries of Baden-Württemberg, Bavaria, Berlin, Brandenburg, Bremen, Hamburg, Hesse, Mecklenburg-Western Pomerania, Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate, Saarland, Saxony, Saxony-Anhalt, Schleswig-Holstein, and Thuringia have in free self-determination the unity and freedom of Germany are completed. This is the basic law for the whole of the German people.

I.
Fundamental rights

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Species 1

(1) The dignity of the human being is inviolable. To respect and protect them is an obligation of all state violence. (2) The German people are therefore committed to inviolable and inalienable human rights as the basis of every human community, peace and justice in (3) The following fundamental rights bind legislation, enforced violence and jurisprudence as a directly applicable law. Unofficial table of contents

Type 2

(1) Everyone has the right to the free development of his personality, insofar as he does not violate the rights of others and does not violate the constitutional order or the moral law. (2) Everyone has the right to life and physical Insectlessness. The freedom of the person is inviolable. These rights may only be incorporated under a law. Unofficial table of contents

Art 3

(1) All people are equal before the law. (2) Men and women are equal. The State promotes the effective enforcement of the equal rights of women and men and affects the elimination of existing disadvantages. (3) No one shall be allowed to do so because of his sex, his ancestry, his race, his language, his or her own language. The homeland and origin, his faith, his religious or political views are disadvantaged or preferred. No one should be disadvantaged because of his disability. Unofficial table of contents

Species 4

(1) Freedom of faith, conscience and freedom of religious and ideological confession are inviolable. (2) The undisturbed practice of religion is guaranteed. (3) No one shall be allowed to oppose his consciences to the service of war with the Force is forced. The details are regulated by a federal law. Unofficial table of contents

Species 5

(1) Everyone has the right to freely express and disseminate his/her opinions in words, writing and images and to inform himself freely from generally accessible sources. The freedom of the press and the freedom of reporting by radio and film are guaranteed. A censorship does not take place. (2) These rights find their limits in the regulations of the general laws, the legal provisions for the protection of youth and in the right of personal honor. (3) Art and science, research and teaching are free. The freedom of doctrine does not depart from fidelity to the Constitution. Unofficial table of contents

Species 6

(1) Marriage and family are under the special protection of the state order. (2) The care and upbringing of the children are the natural right of the parents and the homicidal duty is the responsibility of them. The state community watches over their activities. (3) Against the will of the guardians, children are only allowed to be separated from the family on the basis of a law, if the guardians fail or if the children from others (4) Each mother shall be entitled to the protection and care of the Community. (5) The law shall lay down the same conditions for the physical and mental development and position of the illegitimate children in accordance with the provisions of the legislation of the Member States. of society, like the marital children. Unofficial table of contents

Species 7

(1) The entire school system is under the supervision of the State. (2) The legal guardians have the right to determine the participation of the child in the teaching of religion. (3) The teaching of religion is in the public schools, with the exception of the Non-confessional schools are a regular teaching subject. Without prejudice to the state supervision law, religious instruction shall be issued in accordance with the principles of religious communities. No teacher must be obliged to give religious instruction against his will. (4) The right to establish private schools is guaranteed. Private schools as a substitute for public schools require the approval of the state and are subject to the state laws. The authorisation must be granted if the private schools do not fall behind the public schools in their teaching objectives and facilities and in the scientific training of their teachers, and a special qualification is given to the pupils in accordance with the Parents ' possessions are not encouraged. The authorisation must be refused if the economic and legal position of the teachers is not sufficiently secured. (5) A private primary school is to be admitted only if the teaching administration recognises a special educational interest or, at the request of legal guardians, if it is to be established as a community school, as a confession or worldview school, and if a public primary school of this kind does not exist in the municipality. (6) Preschools shall remain untrained. Unofficial table of contents

Art 8

(1) All Germans have the right to gather peacefully and without weapons without registration or permission. (2) For gatherings under the open sky, this right may be limited by law or by law. Unofficial table of contents

Art 9

(1) All Germans have the right to form associations and societies. (2) Associations whose purposes or activities are contrary to the criminal laws or which are contrary to the constitutional order or to the idea of the (3) The right to form associations for the protection and promotion of working and economic conditions is guaranteed for everyone and for all professions. Any agreements which restrict or impede this right shall be null and void, and measures addressed to this shall be unlawful. The measures referred to in Articles 12a, 35 (2) and (3), 87a (4) and 91 may not be directed against labour disputes which are conducted in order to safeguard and promote the working and economic conditions of associations within the meaning of the first sentence. . Unofficial table of contents

Species 10

(1) The secrecy of letters and the secrecy of mail and telecommunications are inviolable. (2) Restrictions may only be imposed on the basis of a law. If the restriction serves the protection of the liberal democratic basic order or the state or the security of the covenant or of a country, the law may determine that it is not communicated to the person concerned and that the person concerned shall be replaced by the law. The right of appeal shall be carried out by the institutions and the auxiliary bodies ordered by the representative body. Unofficial table of contents

Art 11

(1) All Germans enjoy freedom of movement throughout the territory of the Federal Republic of Germany. (2) This right may be restricted only by law or by law and only in cases where there is no sufficient basis for life and where the Generality from this would be borne by special burdens, or in which there would be an imminent threat to the stock or to the free democratic basic order of the Federal Government or of a country, to combat the risk of epidemets, natural disasters or particularly serious accidents, for the protection of young people from dismissal or It is necessary to prevent criminal acts. Unofficial table of contents

Species 12

(1) All Germans have the right to choose the right to work, work place and training place. The profession may be regulated by law or by law. (2) No one may be forced to work for a particular job, except in the context of a conventional general obligation to provide all the same public service obligation. (3) Forced labour is only permitted in the case of a court-ordered deprivation of liberty. Unofficial table of contents

Art 12a

(1) From the age of eighteen, men may be required to serve in the armed forces, in the Federal Border Guard or in a civil protection association. (2) Anyone who refuses the war service with the weapon for reasons of conscience can become a member of the armed forces. Replacement service is required. The duration of the replacement service shall not exceed the duration of the military service. The more detailed rules are laid down in a law which must not affect the freedom of the decision of conscience and must also provide for the possibility of a replacement service which is not connected with the associations of the armed forces and the national border guard. (3) In the case of defence, conscripts which are not used for a service referred to in paragraph 1 or 2 may, in the case of defence, be subject to a law or a law on civil services for the purpose of defence, including the protection of the the civilian population in employment relationships; commitments in Public service relations are only permitted for the purpose of carrying out police tasks or those public administration tasks which can only be fulfilled in a public service relationship. Employment relationships as set out in the first sentence may be justified in the case of the armed forces, in the area of their supply and in the case of the public administration; obligations in employment relationships in the field of the supply of the civilian population are only permitted in order to: to meet their vital needs or to ensure their protection. (4) In the event of a defence, the need for civil services in the civil health and health sectors and in the fixed military military hospital organisation cannot be met. voluntary basis, so women can be fully satisfied Eighteenth to the end of the fifty-fifth year of life by law or by law relating to such services. They may in no case be obliged to serve with the weapon. (5) For the period prior to the defence case, obligations under paragraph 3 may be justified only in accordance with the provisions of Article 80a (1). In order to prepare for services referred to in paragraph 3 for which special knowledge or skills are required, the participation in training events may be made compulsory by law or by law. Sentence 1 shall not apply in this respect. (6) In the case of a defence, if the need for manpower for the areas referred to in the second sentence of paragraph 3 cannot be met on a voluntary basis, the freedom of the To give up the exercise of a profession or the place of work, to restrict it by law or by law. Prior to the entry of the defence case, the first sentence of paragraph 5 shall apply accordingly. Unofficial table of contents

Art 13

(1) The dwelling is inviolable. (2) searches may only be carried out by the judge, in the case of danger in the case of danger also by the other organs provided for in the laws, and only carried out in the form prescribed there. (3) Befounding certain facts are suspected of having committed a particularly serious criminal offence by law, in order to prosecutable the act on the basis of a judicial order, technical means for the acoustic surveillance of housing, in that the accused is presumed to be employed, if the exploration of the facts in other ways would be disproportionately difficult or would be hopeless. The measure is on a temporary basis. The arrangement is carried out by a sprinkle body, which is occupied by three judges. In the event of danger in the case of danger, it may also be taken by a single judge. (4) In order to avert urgent risks to public safety, in particular a common danger or a risk of life, technical means may be used to monitor the Dwellings are only used on the basis of a judicial arrangement. In the case of danger in the case of danger, the measure may also be arranged by another legally determined body; a judicial decision must be taken up immediately. (5) Are technical means exclusively for the protection of the in the case of an application in The measure may be arranged by a body designated by law. Any other use of the findings obtained in this connection shall be permitted only for the purpose of prosecution or security and only if the lawfulness of the measure has been previously determined by a court order; if there is a risk in the case of danger, the (6) The Federal Government shall inform the Bundestag annually on the basis of the provisions of paragraph 3 as well as of the federal government pursuant to paragraph 4 and, as far as judicial review is concerned, in accordance with paragraph 4. (5) use of technical means. On the basis of this report, a body elected by the Bundestag shall exercise parliamentary control. The countries guarantee equivalent parliamentary control. (7) Intervention and restrictions may, moreover, only be allowed to prevent a common danger or a risk of life for individual persons, as a result of a law also for the purpose of prevention. -urgent threats to public safety and order, in particular in order to remedy the lack of space, to combat the risk of epidemical diseases or to protect young people at risk.

Footnote

Art. 13 (3): Inc. by Art. 1 No. 1 G v. 26.3.1998 I 610 mWv 1.4.1998; compatible with GG Art. 79 (3). BVerfGE v. 3.3.2004 (1 BvR 2378/98, 1 BvR 1084/99) Unofficial table of contents

Species 14

(1) Property and inheritance shall be guaranteed. Content and barriers are determined by the laws. (2) Property obligated. His use shall at the same time serve the benefit of the general public. (3) An expropriation shall be admissible only for the benefit of the general public. It may only be carried out by law or by law, the nature and extent of the compensation. The compensation shall be determined with a fair balance between the interests of the general public and the parties concerned. Because of the amount of the compensation, in the event of a dispute, the legal proceedings are open before the ordinary courts. Unofficial table of contents

Species 15

Land, natural resources and means of production may, for the purpose of socialization, be transferred to the public or to other forms of the general economy by means of a law governing the nature and extent of the compensation. In the case of compensation, Article 14 (3) (3) and (4) shall apply. Unofficial table of contents

Species 16

(1) German citizenship must not be withdrawn. The loss of nationality may only occur on the basis of a law and against the will of the person concerned only if the person concerned does not become stateless in this way. (2) No German is to be extradited to abroad. By law, a derogation can be made for deliveries to a Member State of the European Union or to an international court of justice, in so far as the rule of law is respected. Unofficial table of contents

Type 16a

(1) Politically persecuted persons enjoy the right of asylum. (2) Paragraph 1 cannot be invoked by anyone entering from a Member State of the European Communities or from another third country in which the application of the Agreement on the legal status of the Refugees and the Convention for the Protection of Human Rights and Fundamental Freedoms are ensured. States outside the European Communities, to which the conditions set out in the first sentence are met, shall be determined by law requiring the consent of the Bundesrat. In the cases of the first sentence, the measures to be terminated may be carried out independently of an appeal brought against them. (3) By law, which requires the consent of the Bundesrat, states can be determined in the case of which the The legal situation, the application of the law and the general political conditions are guaranteed to ensure that neither political persecution nor inhuman or degrading punishment or treatment takes place there. It is presumed that a foreigner from such a state will not be prosecuted unless he or she does not present facts which justify the assumption that he is politically persecuted against this presumption. (4) The enforcement of the measures to be taken into account in the cases referred to in paragraph 3 and in other cases which are manifestly unfounded or are considered to be manifestly unfounded, shall be suspended by the court only where there are serious doubts as to the legality of the measure; the Scope of inspection can be restricted and late-taking disregarded Stay. (5) The provisions of paragraphs 1 to 4 shall not preclude international agreements between Member States of the European Communities and with third States which, having regard to the obligations of the Member States, shall comply with the obligations arising out of the Convention on the Status of Refugees and the Convention for the Protection of Human Rights and Fundamental Freedoms, the application of which must be ensured in the Contracting States, rules of jurisdiction for the examination of asylum applications including the mutual recognition of asylum decisions.

Footnote

Art. 16a: Inc. by Art. 1 No. 2 G v. 28.6.1993 I 1002 mWv 30.6.1993; with Art. 79 (3) GG (100-1). BVerfGE v. 14.5.1996 I 952 (2 BvR 1938/93, 2 BvR 2315/93) Unofficial table of contents

Art 17

Everyone has the right to contact the competent authorities individually or in community with others in writing or with complaints to the competent authorities and to the people's representatives. Unofficial table of contents

Art 17a

(1) Laws on military service and substitute service may stipulate that for the members of the armed forces and the substitute service during the time of the defence or replacement service, the fundamental right to express his/her opinion freely in word, writing and image and to (Article 5 (1) sentence 1, first half sentence), the fundamental right of freedom of assembly (Article 8) and the right of petition (Article 17), insofar as it grants the right to submit requests or complaints in the Community to others, restricted (2) Laws of defence, including the protection of the civilian population , the fundamental rights of the free movement of persons (Article 11) and the inviolability of the home (Article 13) may be restricted. Unofficial table of contents

Species 18

Anyone who has freedom of expression, in particular freedom of the press (Article 5 (1)), freedom of teaching (Article 5 (3)), freedom of association (Article 8), freedom of association (Article 9), letter, postal and telecommunications secrecy (Article 5 (1)) 10), which is abused by property (Article 14) or the right of asylum (Article 16a) to fight against the free democratic basic order, is a violation of these fundamental rights. The effect and their extent are pronounced by the Federal Constitutional Court. Unofficial table of contents

Art 19

(1) To the extent that under this Basic Law a fundamental right can be restricted by law or by law, the law must apply in general terms and not only in individual cases. In addition, the law must state the fundamental right, stating the article. (2) In no case shall a fundamental right be touched upon in its essence. (3) Fundamental rights shall also apply to domestic legal persons as far as they are, according to their nature. (4) If a person is infringed by the public authority in his rights, he shall be open to the right of law. Where there is no other jurisdiction, the proper legal path shall be given. The second sentence of Article 10 (2) shall remain unaffected.

II.
The Federal Government and the Länder

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Art 20

(1) The Federal Republic of Germany is a democratic and social federal state. (2) All state power is from the people. It is exercised by the people in elections and voting and by special bodies of legislation, enforcement and jurisprudence. (3) The legislation is the constitutional order, the enforcement of violence and the jurisprudence. are bound by law and law. (4) Against anyone who makes it possible to eliminate this order, all Germans have the right to resist, if other remedies are not possible. Unofficial table of contents

Art 20a

The State also protects the natural resources of the future generations and the animals within the framework of the constitutional order by means of the legislation and under the conditions of law and law by means of the executing authority. the case law. Unofficial table of contents

Art 21

(1) The parties shall cooperate in the political will of the people. Your foundation is free. Their internal order must comply with democratic principles. They must give public account of the origin and use of their funds as well as of their assets. (2) Parties which, according to their objectives or the behaviour of their supporters, are based on the objective of the free democratic basic order. harm or disrupt or endanger the existence of the Federal Republic of Germany, are unconstitutional. The Federal Constitutional Court decides on the question of unconstitutionality. (3) The rules of the Federal Constitutional Court (3) regulate federal laws. Unofficial table of contents

Species 22

(1) The capital of the Federal Republic of Germany is Berlin. The representation of the entire state in the capital is the task of the federal government. The details are regulated by federal law. (2) The federal flag is black-red-gold. Unofficial table of contents

Art 23

(1) In order to achieve a united Europe, the Federal Republic of Germany has an impact on the development of the European Union, the principles of democracy, the rule of law, social and federal principles and the principle of subsidiarity , and guarantees a fundamental rights protection which is essentially comparable to that of the Basic Law. The Federal Government may, with the consent of the Federal Council, transmit sovereign rights by law. In the case of the European Union's justification, as well as for changes in its contractual bases and comparable rules, by which this Basic Law is amended or supplemented in its content, or allows such amendments or additions. Article 79 (2) and (3). (1a) The Bundestag and the Bundesrat have the right to bring an action before the Court of Justice of the European Union for breach of the principle of subsidiarity by a legislative act of the European Union. The Bundestag shall be obliged to do so at the request of one-quarter of its members. By law requiring the consent of the Federal Council, exceptions to the first sentence of Article 42 (2) and Article 42 (2) may apply to the exercise of the rights granted to the Bundestag and the Bundesrat in the treaty foundations of the European Union. (2) In matters of the European Union, the Bundestag and the Federal Council have the effect of acting on the countries. The Federal Government has to inform the Bundestag and the Bundesrat comprehensively and at the earliest possible date. (3) The Federal Government shall give the Bundestag the opportunity to express its opinion before its participation in the legislative acts of the European Union. Union. The Federal Government shall take into account the opinions of the Bundestag during the negotiations. (4) The Federal Council is to be involved in the formation of a federal government in so far as it would have to participate in a corresponding national measure or if the Länder would be competent to do so. (5) Insofar as in a The Federal Government shall take into account the opinion of the Federal Council, which shall be affected by the federal interests of the Länder or, in so far as the Federal Government has the right to legislating. If the focus on legislative powers of the Länder, the establishment of their authorities or their administrative procedures is concerned, the Federal Council's opinion must be taken into account in the decision-making process of the Federal Republic of Germany in so far as it is concerned; to uphold the national responsibility of the Federal Government. In matters which may lead to increases in expenditure or to revenue reductions for the Federal Government, the consent of the Federal Government is required. (6) When the focus is on the exclusive legislative powers of the Länder in the areas of the Federal Government. school education, culture or broadcasting, the exercise of the rights granted to the Federal Republic of Germany as a Member State of the European Union shall be taken by the Federal Government to a representative of the Länder designated by the Federal Council transfer. The exercise of the rights is carried out with the participation and in coordination with the Federal Government; the Federal Government's state responsibility must be uphold. (7) The further details of paragraphs 4 to 6 are governed by a law which is subject to the approval of the Federal Council is required. Unofficial table of contents

Species 24

(1) The Federation may, by law, transfer sovereign rights to intergovernmental bodies. (1a) As far as the countries are responsible for the exercise of state powers and the performance of the state functions, they may, with the consent of the (2) In order to preserve peace, the Federal Government may classify itself as a system of mutual collective security; it shall be subject to the restrictions of its sovereign rights. which are a peaceful and lasting order in Europe and between the (3) In order to settle inter-state disputes, the Federal Government will accede to agreements on a general, comprehensive, compulsory, international arbitration. Unofficial table of contents

Species 25

The general rules of international law form an integral part of federal law. They deal with the laws and generate rights and obligations directly for the residents of the federal territory. Unofficial table of contents

Species 26

(1) Acts which are suitable and are intended to disturb the peaceful coexistence of the peoples, in particular to prepare the leadership of a war of aggressess, are unconstitutional. They must be punished. (2) Arms intended for warfare may only be manufactured, transported and placed on the market with the permission of the Federal Government. The details are regulated by a federal law. Unofficial table of contents

Species 27

All German Kauffehrteiships form a single merchant fleet. Unofficial table of contents

Species 28

(1) The constitutional order in the countries must comply with the principles of the republican, democratic and social rule of law within the meaning of this Basic Law. In the countries, counties and municipalities, the people must have a representation that has emerged from general, immediate, free, equal and secret elections. In the case of elections in counties and municipalities, persons who are nationals of a Member State of the European Community are also eligible and eligible to vote in accordance with the conditions laid down by law of the European Community. In municipalities, the municipal assembly can be replaced by an elected body. (2) The municipalities must be guaranteed the right to regulate all matters of the local community within the framework of the laws on their own responsibility. In accordance with the law, the municipal associations also have the right of self-government in accordance with the law. The guarantee of self-administration also includes the basic principles of financial ownership; these are the basis of a tax-related tax source which is associated with the municipalities with the right to the law of the Hebrews. (3) The Federation ensures that the the constitutional order of the countries corresponds to the fundamental rights and to the provisions of paragraphs 1 and 2. Unofficial table of contents

Species 29

(1) The territory of the Federal Republic of Germany may be restructured in order to ensure that the countries, by size and performance, can effectively fulfil the tasks assigned to them. In doing so, account must be taken of the connection between the country and the region, the historical and cultural context, the economic expediency and the requirements of regional planning and planning. (2) Measures to restructure the Federal territory is determined by federal law, which requires confirmation by referendum. The countries concerned should be heard. (3) The referendum will take place in the countries from whose territories or areas a new or newly bored country is to be formed (affected countries). The question of whether the countries concerned should remain as before or whether the new or newly bordering country should be formed is to be voted on. The referendum on the formation of a new or rebounded country shall be established if, in its future territory and in total, in the territories or parts of an affected country whose nationality is changed in the same way. , a majority of the amendments are to be agreed. It shall not be established if, in the territory of one of the countries concerned, a majority rejects the amendment, the rejection shall not, however, be deemed to constitute a majority in a part of the territory whose affiliation with the country concerned is to be amended. of two-thirds of the amendment, unless a majority of two-thirds of the territory of the country concerned rejects the amendment. (4) In a contiguous, demarcated settlement and economic area, the parts of which shall be included in the have a population of at least one million inhabitants, of a tenth of the population in According to the Bundestag, the Bundestag has demanded that a uniform country membership be brought about for this area, so that, within two years, the federal law must determine whether the nationality of the country is based on the nationality of the Bundestag. (5) The referendum is intended to determine whether a change in the nationality of the country to be proposed in the law will be accepted. The law may present various, but no more than two, proposals of the referendum. If a majority of a proposed change of nationality is to be agreed, federal law shall determine within two years whether the nationality of the country shall be changed in accordance with paragraph 2. If a proposal submitted to the referendum is approved in accordance with the provisions of the third sentence of paragraph 3 and 4, a federal law to form the proposed country shall be established within two years of the holding of the referendum. (6) The majority of the votes cast shall be the majority of the votes cast if they comprise at least a quarter of the voters entitled to vote in the Bundestag. In addition, a federal law provides for the provision of a referendum, a referendum and a referendum; this may also provide that the referendum cannot be repeated within a period of five years. (7) Other Changes in the territorial state of the Länder may be made by state contracts of the participating countries or by federal law with the consent of the Bundesrat, if the territory of which the territory of which the country is to be changed is not more than 50,000 Residents. The more detailed rules are laid down in a federal law which requires the approval of the Bundesrat and the majority of the members of the Bundestag. Whereas it is necessary to provide for the consultation of the municipalities and counties concerned; (8) Countries may, by way of a State Treaty, regulate a restructuring of the territory covered by them, or for sub-regions, by way of derogation from the provisions of paragraphs 2 to 7; The communities and counties concerned are to be heard. The state contract must be confirmed by referendum in each participating country. If the State Treaty concerns sub-territories of the Länder, the confirmation can be restricted to referenda in these sub-areas; the second sentence of the second half sentence is not applicable. In the case of a referendum, the majority of the votes cast shall decide if they include at least a quarter of those entitled to vote in the Bundestag; the more detailed rules shall be laid down by a federal law. The State Treaty shall require the consent of the Bundestag. Unofficial table of contents

Art 30

The exercise of state powers and the performance of the state functions is a matter for the Länder, insofar as this Basic Law does not apply or permit any other arrangement. Unofficial table of contents

Art 31

Federal law breaks state law. Unofficial table of contents

Species 32

(1) The maintenance of relations with foreign states is a matter for the federal government. (2) Before the end of a contract that touches on the special circumstances of a country, the country must be heard in good time. (3) As far as the countries for the legislation , they may conclude contracts with foreign states with the consent of the Federal Government. Unofficial table of contents

Type 33

(1) Each German has the same civic rights and obligations in each country. (2) Each German has equal access to each public office after its suitability, competence and professional performance. (3) The enjoyment of the civil and the civil rights, admission to public offices and the rights acquired in the public services are independent of the religious commitment. No one shall be entitled to a disadvantage either from his or her affiliation or non-membership to a confestation or belief. (4) The exercise of the powers of the public is usually a permanent task of members of the public (5) The right of the public service must be regulated and developed in the light of the principles of the professional civil service that have been brought into effect. Unofficial table of contents

Species 34

If, in the exercise of a public office entrusted to him, someone violates the official duty of a third party, the responsibility shall, in principle, be the responsibility of the State or the body in whose service it is responsible. In the event of intent or gross negligence, the recourse shall be reserved. The right to compensation and recourse must not be ruled out for the right to compensation. Unofficial table of contents

Art 35

(1) All federal and state authorities shall provide mutual legal and mutual assistance. (2) In order to maintain or restore public security or order, a country may, in cases of special significance, be able to take advantage of the forces and institutions of the country. of the Bundesgrenzschutz (Federal Border Guard) in support of its police force if the police, without this support, could not carry out a task, or only under considerable difficulties. In the event of a natural disaster or in the event of a particularly serious accident, a country can request police forces of other countries, forces and institutions of other administrations, as well as of the Federal Border Guard and the Armed Forces. (3) Hazards the In the event of a natural disaster or an accident in the territory of more than one country, the Federal Government may, in so far as it is necessary for effective action, give the national governments the instruction to provide police forces with other countries, as well as units of the Federal Border Guard and the Armed Forces Support the police forces. Measures taken by the Federal Government pursuant to the first sentence shall be repealed at any time at the request of the Federal Council, and shall be repealed without delay after the Unofficial table of contents

Art 36

(1) In the case of the supreme federal authorities, officials from all countries shall be used in an appropriate proportion. The persons employed by the other federal authorities are usually to be taken out of the country in which they are active. (2) The Wehrlaws also have the breakdown of the federal government in countries and their special land-based conditions. shall be considered. Unofficial table of contents

Art 37

(1) If a country fails to comply with federal obligations under the Basic Law or any other federal laws, the Federal Government may, with the consent of the Federal Council, take the necessary measures to implement the country by means of the Federal Forensip for the performance of his duties. (2) In order to carry out the Federal Force, the Federal Government or its representative shall have the right of instruction to all countries and to their authorities.

III.
The Bundestag

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Art 38

(1) Members of the German Bundestag shall be elected in general, direct, free, equal and secret ballot. They are representatives of the whole people, not bound to orders and instructions, and subject only to their consciences. (2) Election is justified on who has completed the eighteenth year of life; it is possible to choose who has reached the age with which the age of majority is reached. (3) This is determined by a federal law. Unofficial table of contents

Art 39

(1) Subject to the following provisions, the Bundestag shall be elected for four years. His parliamentary term ends with the meeting of a new Bundestag. The re-election shall take place at the earliest forty-six months, no later than forty-eight months after the beginning of the parliamentary term. In the event of a dissolution of the Bundestag, the re-election shall take place within sixty days. (2) The Bundestag shall meet at the latest on the thirtieth day after the election. (3) The Bundestag shall determine the end and the reopening of its meetings. The President of the Bundestag may convene him earlier. It shall be obliged to do so if one third of the members, the Federal President or the Federal Chancellor require it. Unofficial table of contents

Species 40

(1) The Bundestag shall elect its President, its deputy and the secretary. He has a point of order. (2) The President shall exercise the right of house and the police force in the building of the Bundestag. No search or seizure shall take place in the premises of the Bundestag without its approval. Unofficial table of contents

Art 41

(1) The election examination is a matter for the Bundestag. It also decides whether a member of the Bundestag has lost the membership. (2) The appeal to the Federal Constitutional Court is admissible against the decision of the Bundestag. (3) The details are governed by a federal law. Unofficial table of contents

Species 42

(1) The Bundestag shall negotiate publicly. At the request of one-tenth of its members or at the request of the Federal Government, the public can be excluded by a two-thirds majority. The application will be held in a non-public session. (2) A majority of the votes cast shall be required for a decision of the Bundestag, provided that this Basic Law does not determine anything else. The Rules of Procedure may allow exceptions for the elections to be held by the Bundestag. (3) Truthful reports on the public meetings of the Bundestag and its committees remain free of any responsibility. Unofficial table of contents

Art 43

(1) The Bundestag and its committees may require the presence of each member of the Federal Government. (2) The members of the Federal Council and of the Federal Government, as well as their representatives, have at all meetings of the Bundestag and its committees Access. You have to be heard at any time. Unofficial table of contents

Species 44

(1) The Bundestag shall have the right and, at the request of one quarter of its members, the obligation to establish a committee of inquiry, which shall collect the necessary evidence in public proceedings. The public may be excluded. (2) The provisions relating to the criminal proceedings shall apply mutadenly to evidence of evidence. The secrecy of correspondence, postal and telecommunications secrecy remains unaffected. (3) Courts and administrative authorities are obliged to provide legal and administrative assistance. (4) The decisions of the committees of inquiry are withdrawn from the judicial discussion. In the appraisal and evaluation of the facts on which the investigation is based, the courts are free. Unofficial table of contents

Art 45

The Bundestag shall appoint a committee for the affairs of the European Union. He may authorize him to exercise the rights of the Bundestag in accordance with Article 23 to the Federal Government. He may also authorize him to exercise the rights granted to the Bundestag in the treaty foundations of the European Union. Unofficial table of contents

Art 45a

(1) The Bundestag shall appoint a Committee on Foreign Affairs and a Committee on Defence. (2) The Committee on Defence shall also have the rights of a committee of inquiry. At the request of one-quarter of its members, he has a duty to make a case on the subject of his investigation. (3) Article 44 (1) shall not apply in the field of defence. Unofficial table of contents

Art 45b

In order to protect fundamental rights and as an auxiliary body of the Bundestag in the exercise of parliamentary control, a military officer of the Bundestag will be appointed. The details are regulated by a federal law. Unofficial table of contents

Art 45c

(1) The Bundestag shall appoint a Committee on Petitions, which shall be responsible for the handling of the requests and complaints addressed to the Bundestag pursuant to Article 17. (2) The powers of the Committee for the Review of Complaints shall be governed by a federal law. Unofficial table of contents

Art 45d Parliamentary control panel

(1) The Bundestag shall appoint a body for the control of the intelligence activities of the Federal Republic of Germany. (2) The details shall be governed by a federal law. Unofficial table of contents

Species 46

(1) A Member may not, at any time, pursue judicial or official proceedings or otherwise outside the Bundestag on account of his vote or any statement he has made in the Bundestag or in one of his committees. is drawn. This does not apply to defamatory insults. (2) Due to an act threatened with punishment, a Member may only be held responsible or arrested with the permission of the Bundestag, unless he or she is responsible for the act or in the (3) The approval of the Bundestag shall also be subject to any other restriction of the personal freedom of a Member of Parliament or to the initiation of proceedings against a Member pursuant to Article 18. (4) Any criminal proceedings and any procedure referred to in Article 18 against a Members, any detention and any other restriction of their personal freedom shall be suspended at the request of the Bundestag. Unofficial table of contents

Art 47

The Members of Parliament shall be entitled to refuse to bear witness to persons who have entrusted facts to them in their capacity as Members of Parliament or to whom they have entrusted facts in this capacity, as well as on these facts. The seizure of documents is inadmissible to the extent that this right of denial is sufficient. Unofficial table of contents

Species 48

(1) Those who apply for a seat in the Bundestag shall be entitled to the holidays required for the preparation of their choice. (2) No one may be prevented from taking over and exercising the office of a Member of Parliament. A dismissal or dismissal for this reason shall be inadmissible. (3) Members shall be entitled to an appropriate compensation, which will secure their independence. You have the right of free use of all public transport. The details are regulated by a federal law. Unofficial table of contents

Art 49

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IV.
The Federal Council

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Species 50

Through the Federal Council, the Länder are involved in the legislation and administration of the Federal Government and in the affairs of the European Union. Unofficial table of contents

Art 51

(1) The Federal Council shall consist of members of the governments of the countries which appoint them and convene them. They can be represented by other members of their governments. (2) Each country has at least three votes, countries with more than two million inhabitants have four, countries with more than six million inhabitants five, countries with more than seven Millions of inhabitants six votes. (3) Each country can send as many members as it has votes. The votes of a country may only be cast in a uniform manner and only by members present or their representatives. Unofficial table of contents

Species 52

(1) The Federal Council shall elect its President for one year. (2) The President shall convene the Federal Council. He has to convene him if the representatives of at least two countries or the Federal Government require it. (3) The Federal Council shall take its decisions by at least the majority of its votes. It shall adopt its rules of procedure. He negotiates publicly. The general public can be excluded. (3a) For European Union affairs, the Federal Council may form a European chamber, the decisions of which shall be deemed to be decisions of the Bundesrat; the number of votes of the Länder to be issued in a uniform manner shall be determined in accordance with Article 51 (2). (4) Other members or representatives of the governments of the Länder may be members of the committees of the Bundesrat. Unofficial table of contents

Art 53

The members of the Federal Government have the right and, on request, the duty to participate in the negotiations of the Federal Council and its committees. You have to be heard at any time. The Federal Council is to be kept informed by the Federal Government of the conduct of the business.

IV a.
Joint Committee

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Species 53a

(1) The Joint Committee consists of two thirds of the members of the Bundestag, one third of the members of the Federal Council. The members of the Bundestag shall be appointed by the Bundestag in accordance with the strength ratio of the political groups; they shall not belong to the Federal Government. Each country shall be represented by a member of the Federal Council appointed by him; these members shall not be bound by instructions. The formation of the Joint Committee and its proceedings are governed by a rule of procedure which is to be decided by the Bundestag and which requires the approval of the Bundesrat. (2) The Federal Government has the Joint Committee on its Planning for the case of defence. The rights of the Bundestag and its committees pursuant to Article 43 (1) shall remain unaffected.

V.
The Federal President

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Species 54

(1) The Federal President shall be elected without debate by the Federal Assembly. Any German who has the right to vote in the Bundestag and who has completed the fortieth year of life is eligible. (2) The office of the Federal President lasts five years. Subsequent re-election shall be admissible only once. (3) The Federal Assembly shall consist of the members of the Bundestag and an equal number of members, elected by the national representatives of the Länder in accordance with the principles of proportional representation. (4) The Federal Assembly shall meet at the latest thirty days before the end of the term of office of the Federal President, at the time of premature termination no later than thirty days after that date. It shall be convened by the President of the Bundestag. (5) After the end of the parliamentary term, the period referred to in the first sentence of paragraph 4 shall begin with the first meeting of the Bundestag. (6) It shall be elected who the votes of the majority of the members of the Bundestag shall be elected. Federal Assembly. If this majority is not reached by any candidate in two ballots, then the person who has the most votes in another ballot is elected. (7) The more detailed rules are laid down by a federal law. Unofficial table of contents

Species 55

(1) The Federal President may not belong to the Government or to any legislative body of the Federation or of any country. (2) The President of the Federal Republic of Germany shall not exercise any other spilled office, trade or profession and shall not be responsible for the administration or the The supervisory rate of a company to be acquired. Unofficial table of contents

Species 56

When taking office, the Federal President shall make the following oath before the assembled members of the Bundestag and the Federal Council:

" I swear that I will dedicate my strength to the good of the German people, increase their usefulness, turn damage from it, uphold and defend the Basic Law and the laws of the Federation, faithfully fulfill my duties, and justice against Everyone will practice. So help me God. "

The oath can also be made without religious begging. Unofficial table of contents

Type 57

The powers of the Federal President shall be exercised by the President of the Federal Council in the event of his or her prevention or in the event of premature execution of the Office. Unofficial table of contents

Type 58

Orders and orders of the Federal President shall be subject to the validity of the counter-drawing by the Federal Chancellor or by the competent Federal Minister. This shall not apply to the appointment and dismissal of the Federal Chancellor, the dissolution of the Bundestag pursuant to Rule 63, and the request referred to in Article 69 (3). Unofficial table of contents

Art 59

(1) The Federal President shall represent the Federation under international law. On behalf of the Federal Republic of Germany, he concludes the treaties with foreign states. He is certified and receives the envoys. (2) Contracts which govern the political relations of the federal government or refer to objects of federal legislation require the consent or the participation of the respective federal legislation. competent bodies in the form of a federal law. For administrative agreements, the rules on the federal administration shall apply accordingly. Unofficial table of contents

Art 59a

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Species 60

(1) The Federal President shall appoint and release the Federal Judges, the Federal Officials, the officers and the officers, unless otherwise provided by law. (2) He shall exercise the right of pardon in the individual case for the Federal Government. (3) He may do so. (4) The provisions of paragraphs 2 to 4 of Article 46 shall apply to the President of the Federal Republic of Germany. Unofficial table of contents

Art 61

(1) The Bundestag or the Bundesrat may accuse the Federal President of the Federal Constitutional Court for the deliberate violation of the Basic Law or of any other federal law. The request for the prosecution must be filed by at least a quarter of the members of the Bundestag or a quarter of the Bundesrat's votes. The decision to collect the charges requires the majority of two-thirds of the members of the Bundestag or two-thirds of the votes of the Bundesrat. The Federal Constitutional Court finds that the Federal Constitutional Court finds that the Federal President is guilty of an intentional violation of the Basic Law or of any other federal law, so that the Federal Constitutional Court may not be held responsible for the prosecution of the Federal Constitutional Court. to explain it to the office. By means of an injunction, it may be determined, after the charge has been filed, that it is prevented from carrying out his duties.

VI.
The Federal Government

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Species 62

The Federal Government is made up of the Federal Chancellor and the Federal Ministers. Unofficial table of contents

Art 63

(1) The Federal Chancellor, on a proposal from the Federal President, shall be elected by the Bundestag without debate. (2) It shall be elected who shall unite the votes of the majority of the members of the Bundestag. The elected person is to be appointed by the Federal President. (3) If the proposed member is not elected, the Bundestag may elect a Federal Chancellor within fourteen days of the electoral process with more than half of its members. (4) within this period shall not be established, a new ballot shall be taken immediately, in which the person who receives the most votes shall be elected. If the elected votes of the votes of the majority of the members of the Bundestag are united, the Federal President must appoint him within seven days of the election. If the elected majority does not reach this majority, the Federal President shall either appoint him within seven days or dissolve the Bundestag. Unofficial table of contents

Type 64

(1) The Federal Ministers shall be appointed and dismissed by the Federal President on a proposal from the Federal Chancellor. (2) The Federal Chancellor and the Federal Ministers shall, when taking office before the Bundestag, make the oath provided for in Article 56. Unofficial table of contents

Species 65

The Federal Chancellor determines the policies of the policy and bears responsibility for it. Within these guidelines, each Federal Minister guides his business unit independently and under his own responsibility. The Federal Government decides on disagreements between the Federal Ministers. The Federal Chancellor conducts its business in accordance with a rules of procedure approved by the Federal Government and approved by the Federal President. Unofficial table of contents

Species 65a

(1) The Federal Minister of Defence has the command and command authority over the armed forces. (2) (omitted) Unofficial table of contents

Art 66

The Federal Chancellor and the Federal Ministers are not allowed to exercise any other occupation, trade or profession and neither the management nor the Bundestag's consent to the supervisory rate of a company directed at the acquisition. Unofficial table of contents

Species 67

(1) The Bundestag can only express the confidence of the Federal Chancellor by electing a successor with the majority of its members and asking the Federal President to dismiss the Federal Chancellor. The Federal President must comply with the request and appoint the elected person. (2) There must be forty-eight hours between the application and the election. Unofficial table of contents

Species 68

(1) If a request by the Federal Chancellor to give him the confidence not to give him the consent of the majority of the members of the Bundestag, the Federal President may, on a proposal from the Federal Chancellor, dissolve the Bundestag within twenty-one days. The right to dissolution shall be issued as soon as the Bundestag votes by a majority of its members elects another Federal Chancellor. (2) There must be forty-eight hours between the application and the vote. Unofficial table of contents

Species 69

(1) The Federal Chancellor shall appoint a Federal Minister to his deputy. (2) The office of the Federal Chancellor or of a Federal Minister shall in each case enlist the meeting of a new Bundestag, the office of a Federal Minister also with each (3) At the request of the President of the Federal Republic of Germany, the Federal Chancellor, at the request of the Federal Chancellor or the Federal President, is obliged by a Federal Minister to conduct the business until the appointment of his successor. .

VII.
The legislation of the federal government

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Species 70

(1) Countries have the right of legislation, insofar as this Basic Law does not give legislative powers to the Federal Republic of Germany. (2) The delimitation of competence between the Federal Government and the Länder is determined in accordance with the provisions of this Basic Law on the exclusive and the competing legislation. Unofficial table of contents

Species 71

In the area of exclusive federal legislation, the Länder have the power to legislate only if and to the extent that they are expressly authorized to do so in a federal law. Unofficial table of contents

Species 72

(1) In the field of competing legislation, the Länder have the power to legislating as long as and to the extent that the Federation has not made use of its legislative competence by law. (2) In the territories of Article 74 (1) (4), 7, 11, 13, 15, 19a, 20, 22, 25 and 26, the Federal Government has the legislative right, if and insofar as the production of equivalent living conditions in the Federal territory or the maintenance of the legal or economic unit in the general public interest a requires federal legislation. (3) Has the federal government of its The Länder may, by law, make use of deviating rules by law on:

1.

Hunting (without the right of hunting);

2.

nature conservation and the conservation of the countryside (without the general principles of nature conservation, the right to protection of species or marine nature);

3.

land distribution;

4.

spatial planning;

5.

the water budget (without any substance or plant-related schemes);

6.

the university admission and the university degrees.

Federal laws in these areas enter into force at the earliest six months after their delivery, unless otherwise determined with the consent of the Federal Council. In the territories of the first sentence, the law of the federal and state law is governed by the law at a later date. (4) By federal law it can be determined that a federal legislation, for which a necessity within the meaning of paragraph 2 no longer applies , can be replaced by national law. Unofficial table of contents

Art 73

(1) The Federal Government has the exclusive legislation on:

1.

the foreign affairs and defence, including the protection of the civilian population;

2.

Citizenship in the wound;

3.

freedom of movement, passport, reporting and expulsion, emigration and extradition;

4.

the currency, money and coin, dimensions and weights, and the timing;

5.

the unity of the customs and trade area, the trade and shipping contracts, the free movement of goods and goods and payments with the foreign country, including customs and border protection;

5a.

the protection of German cultural property against emigration abroad;

6.

air transport;

6a.

the transport of railways, which are wholly or mostly owned by the Federal Government (Federal Railways), the construction, maintenance and operation of railway tracks of the Federal Railways and the levying of charges for use of these rail routes;

7.

postal services and telecommunications;

8.

the legal conditions of persons standing in the service of the Federal Government and of the federal authorities of the public right;

9.

industrial property rights, copyright and publishing rights;

9a.

the defence against the dangers of international terrorism by the Federal Criminal Police Office in cases in which there is a cross-border danger, the responsibility of a state police authority is not recognizable or the supreme state authority is request a takeover;

10.

Cooperation between the federal and state governments

a)

in the criminal police,

b)

on the protection of the liberal democratic constitution, the state and the security of the federal or a country (constitutional protection) and

c)

In order to protect against aspirations in the Federal Republic of Germany, which endanger foreign interests of the Federal Republic of Germany through the use of force or preparatory acts directed to it,

, as well as the establishment of a Federal Criminal Police Office and the international fight against crime;

11.

statistics for federal purposes;

12.

the right to arms and explosives;

13.

the supply of war-damaged and wartime survivors and the care for the former prisoners of war;

14.

the production and use of nuclear energy for peaceful purposes, the establishment and operation of installations which serve these purposes, the protection against risks arising from the release of nuclear energy or ionising radiation, and the Disposal of radioactive substances.

(2) Laws pursuant to paragraph 1 no. 9a require the consent of the Federal Council. Unofficial table of contents

Species 74

(1) The competing legislation shall cover the following areas:

1.

civil law, criminal law, court constitution, court proceedings (without the right of detention of remand), the legal profession, the notary's office and legal advice;

2.

the civil status;

3.

the right of association;

4.

the right of residence and establishment of foreign nationals;

5.

(dropped)

6.

the affairs of refugees and displaced persons;

7.

public care (without the right to home);

8.

(dropped)

9.

the damage to the war and the reparation;

10.

the war graves and tombs of other victims of the war and victims of tyrannity;

11.

the law of the economy (mining, industry, energy industry, crafts, commerce, commerce, banking and stock exchange, private law insurance) without the right of the shop, the restaurants, the play halls, the display of persons, trade fairs, exhibitions and markets;

12.

labour law, including the drafting of works, employment protection and employment services, as well as social security, including unemployment insurance;

13.

the regulation of training aid and the promotion of scientific research;

14.

the right of expropriation as appropriate in the fields referred to in Articles 73 and 74;

15.

the transfer of land, natural resources and means of production to the community or to other forms of the common economy;

16.

the prevention of the abuse of economic power;

17.

the promotion of agricultural and forestry production (without the right of land resettlement), food security, the import and export of agricultural and forestry products, the high seas and inshore fisheries and the coastal protection;

18.

urban development land transport, land law (without the right of the development contributions) and the housing estate, the old debt relief law, the housing premium law, the miner housing construction law and the miners ' rights of the mountain crews;

19.

Measures against common or communicable diseases in humans and animals, admission to medical and other medical professions and to the health care industry, as well as the law of pharmacy, medicinal products, medical devices, medicinal products, the Anesthetic and the poisons;

19a.

the economic security of hospitals and the regulation of hospital care;

20.

the right of food, including animals used for extraction, the right of food products, supplies and feedingstuffs, as well as the protection of the transport of agricultural and forestry seeds and plants, the protection of plants, against diseases and pests and animal welfare;

21.

maritime and coastal shipping, as well as sea signs, inland waterways, meteorological services, sea waterways and inland waterways used for general transport;

22.

road transport, road transport, the construction and maintenance of highways and the collection and distribution of charges or charges for the use of public roads with vehicles;

23.

the railways, which are not railways of the Federation, with the exception of the cable cars;

24.

waste management, air pollution control and noise abatation (without protection from behavior-related noise);

25.

state liability;

26.

the medically assisted production of human life, the investigation and the artificial alteration of genetic information as well as regulations for the transplantation of organs, tissues and cells;

27.

the status rights and obligations of officials of the countries, municipalities and other public bodies, as well as judges in the countries other than runways, remuneration and supplies;

28.

Hunting;

29.

nature conservation and the conservation of the countryside;

30.

land distribution;

31.

spatial planning;

32.

the water budget;

33.

the university admission and the university degrees.

(2) Laws pursuant to paragraph 1 (25) and (27) shall be subject to the consent of the Federal Council. Unofficial table of contents

Art 74a and 75 (omitted)

Unofficial table of contents

Species 76

(1) bills are submitted to the Bundestag by the federal government, from the middle of the Bundestag or by the Bundesrat. (2) Templates of the Federal Government are to be sent to the Federal Council first. The Federal Council is entitled to comment on these documents within a period of six weeks. If it requires an extension of time limits, in particular with regard to the size of a template, the deadline shall be nine weeks. The Federal Government may, exceptionally, after three weeks or, if the Federal Council has expressed a request for sentence 3, after six weeks to the Bundestag, a template which it has exceptionally described as particularly urgent in the case of the supply to the Federal Council. , even if the opinion of the Federal Council has not yet been received by the Federal Council, it shall submit the opinion of the Federal Council immediately after receipt to the Bundestag. In the case of templates for the amendment of this Basic Law and for the transfer of sovereign rights under Article 23 or Article 24, the deadline for comment shall be nine weeks; sentence 4 shall not apply. (3) Templates of the Federal Council shall be submitted to the Bundestag by the Federal Government within six weeks. It is intended to give its opinion. If it requires an extension of time limits, in particular with regard to the size of a template, the deadline shall be nine weeks. If, exceptionally, the Federal Council has referred to a proposal as being particularly urgent, the deadline shall be three weeks or, if the Federal Government has expressed a request for the sentence 3, six weeks. In the case of templates for the amendment of this Basic Law and for the transfer of sovereign rights under Article 23 or Article 24, the period shall be nine weeks; sentence 4 shall not apply. The Bundestag has to discuss the templates within a reasonable period of time and to take a decision. Unofficial table of contents

Art 77

(1) The federal laws shall be adopted by the Bundestag. After their acceptance by the President of the Bundestag, they are to be forwarded without delay to the Federal Council. (2) The Federal Council may, within three weeks of receipt of the legislative decision, require that a member of the Bundestag and the Bundesrat to be convened for joint deliberation of templates. The composition and procedure of this committee shall be governed by a rule of procedure, which shall be adopted by the Bundestag and shall require the approval of the Bundesrat. The members of the Bundesrat, which are sent to this committee, are not bound by instructions. If a law requires the approval of the Federal Council, the Bundestag and the Federal Government may also require the convocation. If the committee proposes an amendment to the legislative decision, the Bundestag has to take a decision again. (2a) If the Bundesrat is required to approve a law, the Bundesrat, if a request for the first sentence of paragraph 2 is not required, does not have (3) In so far as a law does not require the consent of the Bundesrat, it is not necessary to reach an agreement with the consent of the Federal Council. If the procedure referred to in paragraph 2 is terminated, the Federal Council may, against a Bundestag shall appeal to the Bundestag within two weeks. The period of opposition shall, in the case of the last sentence of paragraph 2, begin with the entry of the decision re-adopted by the Bundestag, in all other cases, with the submission of the communication by the chairman of the committee referred to in paragraph 2, that the (4) If the objection is decided by a majority of the votes of the Bundesrat, it may be rejected by a decision of the majority of the members of the Bundestag. If the Federal Council has decided to oppose it by a majority of at least two thirds of its votes, the Bundestag shall require a two-thirds majority vote, at least a majority of the members of the Bundestag. Unofficial table of contents

Art 78

A law adopted by the Bundestag shall be concluded if the Federal Council agrees not to submit the application in accordance with Article 77 (2), to submit an objection or to withdraw it within the time limit laid down in Article 77 (3) or if the objection of the Bundestag is overruled. Unofficial table of contents

Art 79

(1) The Basic Law can only be amended by a law which expressly amends or supplements the wording of the Basic Law. In the case of international treaties which are governed by a peace settlement, the preparation of a peace settlement or the dismantling of a law governing the law of law or the defence of the Federal Republic of Germany, it is sufficient for the purpose of the Clarification that the provisions of the Basic Law do not preclude the conclusion and entry into force of the Treaties, a supplement to the text of the Basic Law, which is limited to this clarification. (2) Such a law requires the Approval of two-thirds of the members of the Bundestag and two thirds of the (3) An amendment to this Basic Law, which affects the breakdown of the federal government into countries, the fundamental participation of the countries in the legislation or the principles laid down in Articles 1 and 20, is not allowed. Unofficial table of contents

Type 80

(1) By law, the Federal Government, a Federal Minister or the State Governments may be empowered to issue legal regulations. In doing so, the content, purpose and extent of the granted authorisation must be determined in the law. The legal basis shall be indicated in the Regulation. If it is provided by law that an empowerment can be further transferred, it is necessary to transfer the authorization of a decree law. (2) The consent of the Bundesrat requires, subject to other federal legislation, Legal regulations of the Federal Government or of a Federal Minister of Federal Government on principles and charges for the use of postal services and telecommunications, on the principles of the collection of charges for the use of the facilities the railways of the Federal Republic, the construction and operation of the railways, and Legal regulations on the basis of federal laws which require the consent of the Bundesrat or which are carried out by the Länder on behalf of the Federal Government or as a separate matter. (3) The Federal Council may provide the Federal Government with templates for the adoption of the law. (4) To the extent that federal laws or federal laws empower state governments to enact legal regulations, the Länder are also empowered by law to regulate them. Unofficial table of contents

Art 80a

(1) Where it is determined in this Basic Law or in a federal law relating to the defence, including the protection of the civilian population, that legislation may be applied only in accordance with this Article, the application shall be except in the case of the Defense trap only admissible if the Bundestag determines the occurrence of the voltage case or if it has given special consent to the application. The determination of the tension and the special consent in the cases referred to in the first sentence of Article 12a (5) and the second sentence of Article 12a shall require a two-thirds majority of the votes cast. (2) Measures under the legislation referred to in paragraph (3) By way of derogation from paragraph 1, the application of such legislation may also be applied on the basis of and in accordance with a decision adopted by an international body within the framework of a Alliance agreement with the consent of the Federal Government. Measures pursuant to this paragraph shall be repealed if the Bundestag requires it by a majority of its members. Unofficial table of contents

Art 81

(1) If, in the case of Article 68, the Bundestag is not dissolved, the Federal President may, at the request of the Federal Government with the consent of the Federal Council for a bill, declare the legislative emergency if the Bundestag rejects it, although the federal government has called it urgent. The same shall apply if a bill has been rejected, although the Federal Chancellor had associated with it the request of Article 68. (2) The Bundestag rebates or takes the bill again after declaration of the legislative emergency. in a version designated as unacceptable for the Federal Government, the Act shall be deemed to have been concluded as long as the Federal Council agrees to it. The same shall apply if the submission is not passed by the Bundestag within four weeks after the re-introduction. (3) During the term of office of a Federal Chancellor, any other bill rejected by the Bundestag may also be submitted within the framework of the a period of six months after the first declaration of the legislative emergency referred to in paragraphs 1 and 2. After the expiry of the period, a further declaration of the legislative emergency shall be inadmissible during the term of office of the same Federal Chancellor. (4) The Basic Law may not be amended by a law established pursuant to paragraph 2, or in whole or in part. be put out of force or out of use. Unofficial table of contents

Art 82

(1) The laws adopted pursuant to the provisions of this Basic Law shall be issued by the President of the Federal Republic of Germany in accordance with the provisions of the Federal Law of the Federal Republic of Germany and shall be announced in the Federal Law. Legal regulations shall be issued by the body which shall issue them and promulgated in the Federal Law of Law, subject to other statutory provisions. (2) Each law and every decree of law shall determine the date of entry into force. In the absence of such a provision, they shall enter into force with the fourteenth day after the end of the day on which the Federal Law Gazan has been issued.

VIII.
The execution of federal laws and the federal administration

Unofficial table of contents

Art 83

The Länder shall execute the federal laws as their own matter, insofar as this Basic Law does not determine or permit anything else. Unofficial table of contents

Type 84

(1) If the Länder execute the federal laws as a separate matter, they shall regulate the establishment of the authorities and the administrative procedure. If federal laws determine something else, the countries can make deviating regulations. Where a country has adopted a derogation in accordance with the second sentence, it shall enter into force in that country for subsequent federal legislation relating to the establishment of the authorities and the administrative procedure, at the earliest six months after the date of its announcement, unless otherwise specified with the consent of the Federal Council. The third sentence of Article 72 (3) shall apply accordingly. In exceptional cases, the federal government can regulate the administrative procedure without any possibility of derogation for the Länder because of a special need under the federal rules. These laws require the approval of the Federal Council. The Federal Government may, with the consent of the Federal Council, enact general administrative provisions. (3) The Federal Government exercises the supervision of the fact that: the federal laws execute the applicable laws in accordance with the applicable laws. The Federal Government may, for this purpose, send representatives to the supreme state authorities, with their consent and, if this consent is denied, with the consent of the Federal Council, also to the subordinated authorities. (4) Defects which the At the request of the Federal Government or the Federal Government, the Federal Government shall decide whether the country has violated the law, at the request of the Federal Government or the Land of the Federal Council. The Federal Constitutional Court can be appealed against the decision of the Federal Council. (5) The Federal Government may be granted the power to execute federal laws by means of federal law requiring the consent of the Federal Council for the execution of federal laws. specific cases of individual cases. They are, except when the Federal Government considers the case to be urgent, to the supreme state authorities. Unofficial table of contents

Art 85

(1) If the Länder execute federal laws on behalf of the Federal Government, the establishment of the authorities shall remain a matter for the Länder, unless federal laws, with the consent of the Federal Council, determine otherwise. The Federal Government may, with the consent of the Federal Council, enact general administrative provisions. It can regulate the uniform training of officials and employees. The heads of the central authorities are to be ordered with their agreement. (3) The state authorities are subject to the instructions of the competent supreme federal authorities. The instructions are, except when the federal government considers it urgent to direct to the supreme state authorities. The enforcement of the instruction is to be ensured by the supreme federal authorities. (4) The Federal Supervision extends to the legality and appropriateness of the execution. For this purpose, the Federal Government may request the report and the submission of the files and send the envoy to all authorities. Unofficial table of contents

Art 86

If the federal government executes the laws by its own administration or by federal corporations or institutions of public law, the federal government shall, unless the law prescries special laws, adopt the general rules. Administrative provisions. As far as the law does not determine otherwise, it regulates the establishment of the authorities. Unofficial table of contents

Art 87

(1) In federal administration with its own administrative substructure, the Federal Foreign Service, the Federal Finance Administration and under the conditions laid down in Article 89 are managed to manage the federal waterways and the shipping industry. Federal law states that federal border protection authorities, central offices for police information and communications, criminal police and the collection of documents for the purposes of the protection of the constitution and protection against aspirations can be protected against the law. Federal territory, which endanger the Federal Republic of Germany by means of force or preparatory actions directed to it. (2) As federal bodies of public law, the Federal Republic of Germany shall be subject to the following conditions: those social insurance institutions whose The area of competence extends beyond the territory of a country. By way of derogation from the first sentence, social insurance institutions whose competence extends beyond the territory of a country but not beyond three countries shall be referred to as the national law bodies of the public right where: the supervising country is determined by the participating countries. (3) Furthermore, for matters for which the subject is subject to the legislation, independent federal supervisors and new federal bodies and institutions of the Public law is established by federal law. If new tasks are to be assigned to the wound in areas for which it is entitled to the legislation, federal funds and sub-authorities can be established with the consent of the Bundesrat and the majority of the members of the Bundestag. Unofficial table of contents

Art 87a

(1) The Federation shall establish armed forces for defence. Their numerical strength and the broad lines of their organisation must be the result of the budget. (2) In addition to the defence, the armed forces may only be used to the extent that this Basic Law expressly permits it. (3) The Armed Forces shall have the right to in the case of defence and in the event of a voltage, the power to protect civilian objects and to carry out tasks of the traffic regime to the extent that this is necessary for the performance of their defence order. In addition, the armed forces in the event of defence and in the event of a conflict can also be transferred to the protection of civilian objects in support of police measures; the armed forces shall cooperate with the competent authorities. (4) To protect the armed forces. The Federal Government may, if the conditions of Article 91 (2) and the police force and the Federal Border Protection Act (Bundesgrenzschutz) are met, the Federal Government may put an imminent threat to the stock or the free democratic constitutional order of the Federal Government or a country. not sufficient, armed forces to support the police and the To protect the protection of civil objects and the fight against organised and military armed insurgents. The use of armed forces is to be stopped if the Bundestag or the Bundesrat demand it. Unofficial table of contents

Art 87b

(1) The Bundeswehr administration is managed in its own administration with its own administrative substructure. It serves the tasks of human resources and the immediate coverage of the material needs of the armed forces. The Bundeswehr administration can only be entrusted with the tasks of the employment service and the building system by means of federal law, which requires the approval of the Bundesrat. The approval of the Federal Council also requires laws to the extent that they empower the Bundeswehr administration to intervene in the rights of third parties; this does not apply to laws in the field of human resources. (2) Otherwise, federal laws, which the With the consent of the Federal Council, defence, including the protection of the armed forces and the protection of the civilian population, shall determine that they are wholly or partly in the country's own administration with its own administrative substructure or from the countries in the On behalf of the Federal Government. If such laws are carried out by the Länder on behalf of the Federal Government, they may, with the consent of the Federal Council, determine that the powers conferred on the Federal Government and the competent supreme federal authorities on the basis of Article 85 shall be entirely or in some cases to the federal authorities, where it can be determined that those authorities do not require the consent of the Federal Council in the case of general administrative provisions pursuant to Article 85 (2) sentence 1. Unofficial table of contents

Art 87c

Laws which, on the basis of Article 73 (1) (14), are adopted may, with the consent of the Federal Council, determine that they are executed by the Länder on behalf of the Federation. Unofficial table of contents

Art 87d

(1) The air traffic management shall be managed in the federal administration. Tasks of air traffic control can also be carried out by foreign air navigation service providers, which are authorised under the law of the European Community. The details are regulated by a federal law. (2) The Federal Act, which requires the approval of the Federal Council, allows the tasks of the air transport administration to be transferred to the countries as order management. Unofficial table of contents

Art 87e

(1) The Federal Railway Administration for Railways of the Federal Government is managed in its own administration. Federal law allows the tasks of the railway administration to be transferred to the Länder as a separate matter. (2) The Federal Government is responsible for the tasks of the railway administration which exceed the scope of the Federal Railways, which are (3) Federal Railways are managed as commercial enterprises in private-legal form. These are owned by the federal government, insofar as the activity of the business enterprise comprises the construction, maintenance and operation of railway tracks. The sale of shares of the Federal Government to the Company in accordance with the second sentence is due to a law; the majority of the shares in these companies remain with the Federal Government. (4) The Federal Government ensures that the good of the general public, in particular the transport needs, is extended and the railway network of the Federal Railways and its transport services are maintained. shall be taken into account in this rail network, in so far as they do not concern local rail passenger transport. The following is governed by federal law. (5) Laws under paragraphs 1 to 4 require the approval of the Bundesrat. The approval of the Federal Council also requires laws which allow the dissolution, merger and division of railway undertakings of the Federal Republic, the transfer of railway tracks by the Federal Railways to third parties and the decommissioning of the railway companies. Rail routes of the Federal Railways regulate or have an impact on local rail passenger transport. Unofficial table of contents

Art 87f

(1) In accordance with a federal law which requires the approval of the Federal Council, the Federal Government shall ensure adequate and adequate services in the field of postal services and telecommunications. (2) Services in the sense of the Paragraph 1 shall be provided as private-sector activities by the companies resulting from the special assets of Deutsche Bundespost and by other private providers. Tasks in the field of postal services and telecommunications are carried out in the federal administration. (3) Without prejudice to the second sentence of paragraph 2, the Federal Government shall, in the legal form of a federal institution under public law, carry out individual proceedings. Tasks related to the companies resulting from the special assets of Deutsche Bundespost in accordance with a federal law. Unofficial table of contents

Art 88

The Federal Government is building a currency and central bank as a Bundesbank. Their tasks and powers can be transferred within the framework of the European Union of the European Central Bank, which is independent and undertakes the primary objective of securing price stability. Unofficial table of contents

Art 89

(1) The federal government is the owner of the former imperial waterways. (2) The federal government administers the federal waterways by means of its own authorities. It perceive the State tasks of inland waterway transport beyond the territory of a country and the tasks of maritime transport, which are transferred to it by law. It may transfer the administration of federal waterways, as far as they are located in the territory of a country, to this country on request as order management. If a waterway touches the territory of several countries, the federal government can commission the country for which the participating countries apply for it. (3) In the administration, expansion and construction of waterways, the needs of the national culture and of the Water management in agreement with the countries. Unofficial table of contents

Art 90

(1) The Federal Government is the owner of the former Reichssautobahnen and Reichsroads. (2) The Länder or the self-governing bodies responsible under national law manage the federal highways and other federal roads of the long-distance transport on behalf of the Federal Government. Federal Highway (3) At the request of a country, the Federal Highway and other federal roads of the long-distance transport, as far as they are located in the territory of this country, can take over in federal administration. Unofficial table of contents

Art 91

(1) In order to avert an imminent threat to the stock or to the free democratic constitutional order of the Federal Government or a country, a country may have police forces of other countries, as well as forces and institutions of other administrations and of the (2) If the country in which the danger threatens, is not itself ready or able to deal with the danger, the Federal Government may give its instructions to the police in that country and to the police forces of other countries. , as well as using units of the Federal Border Guard. The arrangement shall be cancelled at the request of the Federal Council at any time after the removal of the risk. If the danger to the territory extends to more than one country, the Federal Government may, in so far as it is necessary for effective action to combat it, give instructions to the national governments; the first sentence and the second sentence shall remain unaffected.

VIIIa.
Community tasks, administrative cooperation

Unofficial table of contents

Art 91a

(1) The Federal Government shall act in the following fields in the performance of tasks of the Länder, if these tasks are important for the whole and the participation of the Federal Government in order to improve the living conditions is required (Community tasks):

1.

improvement of the regional economic structure,

2.

Improvement of agricultural structure and coastal protection.

(2) By federal law with the consent of the Federal Council, the joint tasks and details of coordination shall be determined in more detail. (3) In the cases referred to in paragraph 1, the Federal Government shall bear half of the expenditure in each country. In the cases referred to in paragraph 1 (2), the Federal Government shall bear at least half of the participation, and the participation shall be fixed in a uniform manner for all countries. Further details are laid down in the law. The allocation of the funds is reserved for the determination in the budgets of the federal and state governments. Unofficial table of contents

Species 91b

(1) The Federal Government and the Länder may cooperate in the promotion of science, research and teaching on the basis of agreements in cases of superregional importance. Agreements which focus on higher education institutions require the agreement of all countries. This does not apply to agreements on research buildings, including large-scale equipment. (2) The federal and state governments can, on the basis of agreements to determine the performance of the educational system in international comparison and in this regard, Report and recommendations. (3) Costing will be governed by the agreement. Unofficial table of contents

Art 91c

(1) The federal and state governments may cooperate in the planning, construction and operation of the information technology systems required for their task performance. (2) The federal and state governments may, on the basis of agreements, be responsible for the communication between the Federal Government and the Federal Republic of Germany. to set the standards and security requirements of their information technology systems. Agreements on the basis of the cooperation referred to in the first sentence may provide for certain tasks to be carried out in accordance with the content and scope of the agreement, in such a way that detailed rules for the approval of a qualified majority in the agreement to be determined in the agreement Countries enter into force. They require the consent of the Bundestag and the national representatives of the participating countries; the right to terminate these agreements cannot be ruled out. The agreements also regulate the costs. (3) The Länder can also agree on the joint operation of information technology systems and the establishment of certain facilities. (4) The Federal Government is establishing the link between the two countries. the information technology networks of the Federal Government and the Länder a network of connections. A federal law with the consent of the Federal Council regulates the establishment and operation of the connection network. Unofficial table of contents

Type 91d

The Federal Government and the Länder can carry out comparative studies and publish the results in order to identify and promote the performance of their administrations. Unofficial table of contents

Art 91e

(1) In the execution of federal laws in the field of basic insurance for job-seekers, the federal and state governments or the municipalities and municipal associations responsible under national law usually cooperate in joint institutions. (2) The Federal Government may allow a limited number of municipalities and municipal associations to carry out the tasks referred to in paragraph 1 on their own request and with the consent of the supreme state authority. The Federal Government shall bear the necessary expenditure, including administrative expenditure, in so far as the tasks are to be carried out by the Federal Government in the implementation of the laws referred to in paragraph 1. (3) The further provisions of the Federal Act shall be governed by a federal law which shall be subject to the approval of is required.

IX.
The case law

Unofficial table of contents

Art 92

The right-wing violence is entrusted to the judges; it is exercised by the Federal Constitutional Court, by the federal courts provided for in this Basic Law and by the courts of the Länder. Unofficial table of contents

Art 93

(1) The Federal Constitutional Court shall decide:

1.

on the interpretation of this Basic Law on the occasion of disputes on the scope of the rights and obligations of a supreme federal body or other party involved in the matter under this Basic Law or in the Rules of Procedure of a supreme federal body with have their own rights;

2.

in the event of disagreement or doubts about the formal and factual compatibility of federal law or national law with this basic law or the compatibility of national law with other federal rights at the request of the Federal Government, a Federal government or one-quarter of the members of the Bundestag;

2a.

in the event of disagreement as to whether a law complies with the conditions laid down in Article 72 (2), at the request of the Bundesrat, a provincial government or the national representation of a country;

3.

in the event of disagreement on the rights and obligations of the Federation and the Länder, in particular in the implementation of federal law by the Länder and in the exercise of federal supervision;

4.

in other public-law disputes between the Bunde and the countries, between different countries or within a country, unless another legal path is given;

4a.

on constitutional complaints which can be made by anyone with the claim to be infringed by public authority in one of its fundamental rights or in one of its rights contained in Article 20 (4), (33), (38), (101), (101), (103) and (104);

4b.

on constitutional complaints by municipalities and municipal associations for violation of the right to self-government under Article 28 by a law, but only in the case of state laws, unless a complaint can be lodged with the State Constitutional Court;

4c.

on complaints from associations against their non-recognition as a party for the election to the Bundestag;

5.

in the other cases provided for in this Basic Law.

(2) The Federal Constitutional Court shall also decide, at the request of the Federal Council, a Land government or the People's Representation of a country, whether, in the case of Article 72 (4), the necessity for a federal regulation under Article 72 (4). 2 no longer exists or federal law in the cases referred to in Article 125a (2) sentence 1 could no longer be enacted. The finding that the necessity is no longer required or that federal law could no longer be enacted shall be replaced by a federal law in accordance with Article 72 (4) or Article 125a (2) sentence 2. The application for sentence 1 shall be admissible only if a The draft law pursuant to Article 72 (4) or Article 125a (2) sentence 2 in the Bundestag has been rejected or not discussed within one year and a decision has been taken or if a corresponding bill has been rejected in the Bundesrat. (3) The Federal Constitutional Court is also to be found in the cases otherwise assigned to it by federal law . Unofficial table of contents

Art 94

(1) The Federal Constitutional Court shall consist of federal judges and other members. The members of the Federal Constitutional Court are elected each half of the Bundestag and the federal rate. They may not belong to the Bundestag, the Federal Council, the Federal Government or the corresponding organs of a country. (2) A federal law regulates its constitution and the procedure and determines in which cases its decisions are legal force. . It may, for constitutional complaints, make the prior exhaustion of the legal path conditional and provide for a special acceptance procedure. Unofficial table of contents

Species 95

(1) For the territories of the ordinary, administrative, financial, labour and social courts, the Federal Court of Justice, the Federal Administrative Court, the Federal Court of Labour, the Federal Labour Court, shall be established as the supreme court of justice. and the Federal Social Court. (2) On the appeal of the judges of these courts, the Federal Minister responsible for the relevant subject matters, together with a Judge Electoral Committee, who is responsible for the respective subject matter of the respective subject of the countries and of an equal number of members, (3) In order to preserve the uniformity of case-law, a joint Senate of the courts referred to in paragraph 1 shall be formed. The details are regulated by a federal law. Unofficial table of contents

Art 96

(1) The Federation may establish a federal court for matters of industrial property protection. (2) The Federal Government may establish Wehrstrafcourts for the armed forces as federal courts. They can exercise criminal jurisdiction only in the case of a defence, as well as of members of the armed forces who are sent abroad or who are on board warships. The details are regulated by a federal law. These courts are part of the business unit of the Federal Minister of Justice. Their full-time judges must have the competence to judge. (3) The Supreme Court for the courts referred to in paragraphs 1 and 2 is the Federal Court of Justice. (4) The Federation may apply to persons who are to it in a public service (5) A federal law with the consent of the Bundesrat, with the consent of the Federal Council, may provide for criminal proceedings in the following areas. The jurisdiction of the Federal Republic of Germany:

1.

Genocide;

2.

crimes of international criminal law against humanity;

3.

war crimes;

4.

other acts which are appropriate and are intended to disrupt the peaceful coexistence of the peoples (Article 26 (1));

5.

State protection.

Unofficial table of contents

Art 97

(1) The judges are independent and subject only to the law. (2) The judges who have been permanently and permanently employed can, contrary to their will, only by virtue of a judicial decision and only for reasons and under the forms which the laws of law shall be dismissed before the end of their term of office, or shall be permanently or temporarily removed from office or transferred to another place or to retirement. The legislation can set age limits when judges are retiring when they are employed. In the event of a change in the establishment of the courts or of their districts, judges may be transferred to another court or removed from the office, but only with the view of the full salary. Unofficial table of contents

Species 98

(1) The legal status of the federal judges shall be governed by special federal law. (2) If a federal judge in the office or outside the office violates the principles of the Basic Law or against the constitutional order of a country, such the Federal Constitutional Court may, at the request of the Bundestag, order the Judge to be placed in another office or in retirement. In the event of an intentional violation, dismissal can be recognized. (3) The legal status of the judges in the Länder shall be governed by special national laws, in so far as Article 74 (1) (27) does not determine anything else. (4) The countries may (5) The Länder may make provision for a rule in accordance with paragraph 2 for the Land Judges. The applicable state constitutional law remains unaffected. The decision on a judge's charge is pending before the Federal Constitutional Court. Unofficial table of contents

Art 99

The Federal Constitutional Court may, by State Law, assign the decision of constitutional disputes within a country, to the supreme courts of law referred to in Article 95 (1) for the last legal suit, to decide in such matters , which are the application of national law. Unofficial table of contents

Species 100

(1) If a court considers a law to which the decision is to be valid to be unconstitutional, the proceedings shall be suspended and, if the law is in breach of the constitution of a country, the decision of the person concerned shall be subject to the Constitutional disputes of the country, if it is the violation of this Basic Law, to seek the decision of the Federal Constitutional Court. This also applies if it concerns the violation of this Basic Law by national law or the incompatibility of a Land Law with a federal law. (2) Is doubtful in a lawsuit whether a rule of the international law component of the federal law, and whether it directly generates rights and obligations for the individual (Article 25), the court has to seek the decision of the Federal Constitutional Court. (3) Will the Constitutional Court of a country in the interpretation of the Basic law of a decision of the Federal Constitutional Court or of the If the constitutional court of another country deviates, the Constitutional Court has to seek the decision of the Federal Constitutional Court.

Footnote

Art. 100 (2): cf. BVerfGE v. 6.12.2006 I 33-2 BvM 9/03 Unofficial table of contents

Art 101

(1) exceptional courts are inadmissible. No-one can be withdrawn from his legal judge. (2) Special courts can only be established by law. Unofficial table of contents

Type 102

The death penalty is abolished. Unofficial table of contents

Species 103

(1) In court, everyone is entitled to a right to be heard. (2) An act can only be punished if the criminality was determined by law before the act was committed. (3) No one shall be allowed to act on the basis of the general criminal laws, because of the same act. are punished several times. Unofficial table of contents

Species 104

(1) The freedom of the person can only be restricted by means of a formal law and only in accordance with the forms prescribed therein. Persons held in detention shall not be abused either mentally or physically. (2) Only the judge shall decide on the admissibility and the duration of a deprivation of liberty. A judicial decision shall be taken without delay in the case of any deprivation of liberty which is not based on a judicial order. The police may not, from their own perfection, keep anyone longer than until the end of the day after they have been seizled in their own custody. (3) Any person who has been provisionally arrested on account of the suspitiation of a criminal act must be presented to the judge no later than the day after the arrest, to inform him of the reasons for the arrest, to hear him, and to inform him of the reasons for his arrest. Opportunity to give objections. The Judge shall immediately either issue a reasoned written warrant or order the release. (4) Any judicial decision on the order or continuation of a deprivation of liberty shall be immediately followed by the Judge. to notify a member of the detained or a person of his or her trust.

X.
The financial system

Unofficial table of contents

Species 104a

(1) The Federation and the Länder shall separately bear the expenses arising from the performance of their duties, insofar as this Basic Law does not determine otherwise. (2) Acting the Länder on behalf of the Covenant, the Federal Government shall bear the consequent Expenditure. (3) Federal laws which grant cash benefits and which are executed by the Länder can determine that the cash benefits are wholly or partly borne by the Federal Government. If the law determines that the covenant bears half of the expenses or more, it is carried out on behalf of the Federal Government. (4) Federal laws, the obligations of the Länder for the provision of cash benefits, cash benefits in kind or comparable The Federal Council shall be required to provide services to third parties and to be executed by the Länder as a matter of their own or in accordance with the second sentence of paragraph 3 on behalf of the Federal Republic of Germany, subject to the approval of the Federal Council if the resulting expenditure is from the (5) The Federal Government and the Länder shall bear the results of the Administrative expenditure and liability in relation to each other in order to ensure proper administration. (6) The Federal Government and the Länder bear the burden of a violation of supranational or international law, according to the division of responsibility and responsibilities of the Federal Republic of Germany. Germany's commitments. In cases of cross-border financial corrections of the European Union, the Federal Government and the Länder shall bear these burdens in proportion to 15 to 85. In these cases, the total population of the country bears 35% of the total load in accordance with a general key; 50% of the total load shall be borne by the countries which have caused the burden, in proportion to the amount of the total loads. received funds. A federal law requires the approval of the Federal Council. Unofficial table of contents

Type 104b

(1) The Federation may, in so far as this Basic Law gives it legislative powers, grant financial assistance to the countries for particularly significant investments by the Länder and the municipalities (associations of municipalities), which shall:

1.

to prevent a disturbance of the macro-economic balance, or

2.

to compensate for different economic power in the federal territory, or

3.

on the promotion of economic growth

are required. By way of derogation from the first sentence, in the event of natural disasters or exceptional emergencies which evade the control of the State and significantly affect the state financial situation, the Federation may also grant financial assistance without legislative powers (2) Further information, in particular the types of investments to be promoted, shall be governed by federal law, which requires the approval of the Bundesrat, or on the basis of the Federal Budget Act, by administrative arrangement. The funds shall be granted on a temporary basis and shall be reviewed at regular intervals with regard to their use. The grants must be made over the course of a period of falling annual amounts. (3) The Bundestag, the Federal Government and the Federal Council are to be informed at the request of the implementation of the measures and the improvements achieved. Unofficial table of contents

Species 105

(1) The Federal Government has exclusive legislation on customs duties and financial monopolies. (2) The Federal Government has the competing legislation on the remaining taxes if it is wholly or partly due to the advent of such taxes or the conditions of the Article 72 (2). (2a) The Länder have the power to legislating on local consumption and effort taxes as long as and insofar as they are not equivalent to taxes regulated by law in Germany. You have the power to determine the tax rate in respect of the real estate tax. (3) Federal laws on taxes, the rise of which flows to the countries or the municipalities (municipal associations) in whole or in part, require the approval of the Federal Council. Unofficial table of contents

Species 106

(1) The revenue of the financial monopolies and the advent of the following taxes are to be found in the Confederation:

1.

customs duties,

2.

the excise duties, in so far as they are not, in accordance with paragraph 2, of the Länder, in accordance with paragraph 3 of the Federal Government and of the Länder jointly or in accordance with paragraph 6,

3.

the road transport tax, the vehicle tax and other transport taxes linked to motorised modes of transport;

4.

the capital movements, the insurance tax and the change tax,

5.

the one-off financial levies and the compensation levies charged for the implementation of the burden-sharing scheme,

6.

the supplementary levy on income tax and corporate income tax,

7.

Charges within the framework of the European Communities.

(2) The coming up of the following taxes shall be available to the countries:

1.

the wealth tax,

2.

the inheritance tax,

3

traffic taxes, in so far as they are not common to the Federal Government or to the Federal Government and to the Länder in accordance with paragraph 1,

4.

the beer tax,

5.

the levy of gambling banks.

(3) The rise of income tax, corporation tax and VAT is jointly controlled by the Federal Government and the Länder (Community taxes), in so far as the rise of the income tax does not not apply in accordance with paragraph 5 and the rise of the turnover tax does not apply. in accordance with paragraph 5a, to the municipalities. The federal government and the Länder are each half involved in the income tax and corporate income tax. The shares of the Federal Government and the Länder in the turnover tax shall be determined by federal law, which requires the approval of the Bundesrat. The following principles shall be set out in the case of the fixing:

1.

Within the framework of current revenue, the Federal Government and the Länder shall have a uniform right to cover their necessary expenses. The amount of expenditure shall be determined in the light of multiannual financial programming.

2.

The congruence needs of the federal and state governments must be coordinated in such a way that a cheap compensation is achieved, an overloading of the taxpayer is avoided and the uniformity of living conditions in the federal territory is safeguarded.

In addition, the determination of the shares of the Federal Government and the Länder in the turnover tax will be included in the tax reduction income tax revenue generated by the countries from 1 January 1996 on the consideration of children in the income tax law. (4) The shares of the Federal Government and the Länder in the turnover tax are to be reestablished if the relationship between the revenue and expenditure of the Federal Government and the Länder is developed substantially differently; In this connection, the reduction of tax revenue, which is included in the fixing of the turnover tax shares in accordance with the fifth sentence of paragraph 3, is not taken into account. If additional expenditure is imposed on the Länder by federal law or if revenues are withdrawn, the additional burden of federal law, which requires the approval of the Bundesrat, may also be compensated for with federal financial allocations if they are applied to a short period of time. In the law, the principles for the assessment of these financial allocations and for their distribution to the countries are to be determined. (5) The municipalities receive a share of the income tax coming from the countries to their communities on the The basis for the income tax benefits of their inhabitants is to be passed on. A federal law which requires the approval of the Bundesrat is determined by the law. (5a) The municipalities receive a share of the increase in turnover tax from 1 January 1998. It is passed on by the countries to their communities on the basis of a local and economic key. The details are determined by federal law which requires the approval of the Federal Council. (6) The income of the property tax and trade tax is the result of the municipalities, the rise of local consumption and effort taxes is the local authority or the local government. In accordance with the national legislation, the municipal associations. The municipalities must be given the right to fix the rates of the property tax and the trade tax within the framework of the law. If there are no municipalities in a country, the income of the property tax and the trade tax, as well as the local consumption and effort taxes, are to be found in the country. The Federal Government and the Länder can be involved in a levy on the rise of the trade tax. A federal law which requires the approval of the Federal Council shall be determined by a federal law. According to the national legislation, the basic tax and trade tax, as well as the municipal share of the income tax and the turnover tax, can be used as the basis for tax bases. (7) From the share of the country to the The total amount of Community taxes is to be used by local authorities and municipal associations as a whole, which is a set of hundreds to be determined by the national legislation. In addition, the national legislation determines whether and to what extent the coming of the national taxes flows to the municipalities (municipal associations). (8) The federal government in individual countries or municipalities (associations of municipalities) initiates special institutions which are responsible for this The Federal Government grants the necessary compensation to countries or municipalities (associations of municipalities) directly or indirectly (special charges) if and to the extent that the Länder or municipalities (associations of the municipalities) are not to be overseen. can carry the special charges. Compensation benefits of third parties and financial advantages grown by these countries or municipalities (associations of associations) as a result of the institutions shall be taken into account in the compensation. (9) As revenue and expenditure of the countries in the sense of this Articles also apply to the revenue and expenditure of the municipalities (municipal associations). Unofficial table of contents

Art 106a

From 1 January 1996, the Länder shall be eligible for an amount from the Federal Government's tax revenue for public transport. A federal law requires the approval of the Federal Council. The amount referred to in the first sentence shall not be taken into account in the assessment of the financial power referred to in Article 107 (2). Unofficial table of contents

Art 106b

As a result of the transfer of the motor vehicle tax to the federal government, an amount of the federal tax revenue is to be paid to the Länder from 1 July 2009. A federal law requires the approval of the Federal Council. Unofficial table of contents

Species 107

(1) The advent of the country taxes and the share of the national income tax and corporate income tax are available to the individual countries in so far as the tax is collected by the financial authorities in their territory (local income). Federal law, which requires the approval of the Federal Council, provides for more detailed rules on the demarcation of the corporation tax and the payroll tax, as well as on the nature and extent of the disassembly of the local income. The law may also impose provisions on the delimitation and dismantling of the local income of other taxes. The share of the country in the occurrence of the sales tax is available to the individual countries according to their number of inhabitants; for a part, but not more than one quarter of this country share, can be determined by federal law, which requires the approval of the Bundesrat. In addition, provision should be made for countries whose revenue from the country's taxes, income tax and corporate income tax, and Article 106b per inhabitated, are below the average of the countries concerned; the basic value tax is the (2) The law shall ensure that the the different financial strength of the countries is adequately balanced, taking into account the financial strength and financial needs of the municipalities (associations of municipalities). The conditions for the compensation claims of the countries eligible for compensation and for the equalisation liabilities of the countries which are subject to compensation, as well as the standards for the level of compensation, are to be determined in the law. It can also be determined that the Federal Government grants grants from its funds to weak countries to supplement their general financial needs (supplementary allocations). Unofficial table of contents

Art 108

(1) Customs duties, financial monopolies, excise duties regulated by the Federal Republic of Germany, including the import turnover tax, the motor vehicle tax and other transport taxes related to motorised means of transport as from 1 July 2009, as well as the duties in the The framework of the European Communities is managed by the federal financial authorities. The structure of these authorities is governed by federal law. As far as the central authorities are established, their managers are appointed in consultation with the national governments. (2) The remaining taxes are managed by the state financial authorities. The establishment of these authorities and the uniform training of officials can be regulated by federal law with the consent of the Bundesrat. To the extent that central authorities are established, their managers are appointed in agreement with the Federal Government. (3) Manage tax, which flows in whole or in part to the Federal Government, will be carried out on behalf of the Federal Government. Article 85 (3) and (4) shall apply with the proviso that the Federal Government shall be replaced by the Federal Minister of Finance. (4) By federal law, which requires the consent of the Federal Council, the administration of taxes may cooperate with the Federal Government. Federal and state financial authorities as well as for taxes covered by paragraph 1, the administration by the national financial authorities and for other taxes shall be provided by the federal financial authorities, if and insofar as this is the implementation of the Tax laws are considerably improved or facilitated. In the case of the tax on the local authorities (municipal associations) alone, the administrative authorities responsible for the state financial authorities can be transferred by the Länder in whole or in part to the municipalities (municipal associations). (5) The Federal Financial Services the procedure to be applied shall be governed by federal law. The procedure to be applied by the regional authorities and in the cases referred to in the second sentence of paragraph 4 by the municipalities (municipal associations) may be regulated by federal law with the consent of the Bundesrat. (6) The financial jurisdiction shall be governed by The Federal Government may adopt general administrative provisions, with the consent of the Federal Council, to the extent that the administration is responsible for the national financial authorities or municipalities (municipal associations). Unofficial table of contents

Art 109

(1) The Federation and the Länder are independent and independent of each other in their domestic economy. (2) The Federation and the Länder jointly fulfil the obligations of the Federal Republic of Germany from acts of the European Community on the basis of the article 104 of the Treaty establishing the European Community to comply with budgetary discipline and in this context take account of the requirements of the macro-economic balance. (3) The budgets of the Federal Government and the Länder are in principle without income from loans. The Federal Government and the Länder may take account of the effects of a cyclical development which is different from the normal situation, as well as a derogation for natural disasters or exceptional circumstances, in order to take account of the upswing and downturn. Provision should be made for emergency situations which are beyond the control of the State and which significantly affect the state financial situation. For the derogation, provision should be made for a corresponding tillation scheme. The more detailed rules governing the budget of the Federal Republic of Germany are governed by Article 115, with the proviso that the first sentence is complied with if the revenue from loans does not exceed 0.35 per cent in relation to nominal gross domestic product. The more detailed arrangements for the budgets of the Länder regulate these in the context of their constitutional competences, with the proviso that the sentence 1 is only in compliance if no income from credit is admitted. (4) By federal law, which requires the approval of the Federal Council, can be set up for the federal and state governments jointly applicable principles for the budgetary law, for a cyclically adjusted budget economy and for a multi-annual financial planning. (5) Sanctions measures of the European Community in the context of the provisions of Article 104 of the Treaty establishing the European Community for the observance of budgetary discipline, the Federal Government and the Länder shall bear a ratio of 65 to 35. The total population contributes 35% of the burden to the countries according to their number of inhabitants; 65 of the hundreds of loads to be paid to the countries are borne by the countries in accordance with their contribution to the polluter. A federal law requires the approval of the Federal Council. Unofficial table of contents

Type 109a

In order to avoid budget emergency situations, a federal law which requires the approval of the Federal Council regulates

1.

the continuous monitoring of the budgetary economy of the Federal Government and the Länder by a joint body (stability council),

2.

the conditions and the procedure for establishing an impending budgetary emergency,

3.

the principles for the establishment and implementation of remediation programmes to avoid budgetary emergencies.

The decisions of the Stability Board and the underlying advisory documents shall be published. Unofficial table of contents

Species 110

(1) All revenue and expenditure of the Federal Government shall be entered in the budget; in the case of federal companies and in the case of special assets, only the deliveries or the deliveries need to be set. The budget shall be in balance in revenue and expenditure. (2) The budget shall be determined for one or more accounting years, separated by years, before the beginning of the first financial year by the budgetary law. For parts of the budget, provision may be made for them to be valid for different periods of time after accounting years. (3) The bill referred to in the first sentence of paragraph 2 as well as proposals for amendments to the budget law and the budget plan will be brought to the Bundestag at the same time as the supply line to the Federal Council; the Federal Council is entitled to comment on the templates within six weeks, in the case of amendments within three weeks. (4) The Federal Council may only be included in the rules applicable to the revenue and Federal expenditure and refer to the period for which the budget law is adopted. The Law on Budgets may require that the provisions do not come into force until the next budgetary act is announced or when the provisions of Article 115 are adopted at a later date. Unofficial table of contents

Species 111

(1) If, until the end of a financial year, the budget for the following year is not established by law, the Federal Government shall, until its entry into force, be authorized to make all the expenditure necessary;

a)

in order to obtain legally existing facilities and implement measures adopted by law,

b)

in order to comply with the legally justified obligations of the Federation,

c)

to continue buildings, procurements and other services or to continue to grant aid for such purposes, provided that the budget of a previous year has already been granted amounts.

(2) In so far as the expenditure under paragraph 1 is not covered by revenue from taxes, duties and other sources or the operating resources reserve, the Federal Government shall be entitled to maintain the economic management of the make the necessary funds in liquid form by the amount of one quarter of the final amount of the expired budget. Unofficial table of contents

Species 112

Overscheduled and non-scheduled expenses are subject to the approval of the Federal Minister of Finance. It may only be granted in the event of an unforeseen and inimitable need. More information can be determined by federal law. Unofficial table of contents

Species 113

(1) Laws, which increase the expenditures of the budget plan proposed by the Federal Government or involve new expenditure in itself or bring with it for the future, require the approval of the Federal Government. The same applies to laws that involve revenue changes in themselves or bring them into the future. The Federal Government can demand that the Bundestag suspend decision-making on such laws. In this case, the Federal Government has to submit an opinion to the Bundestag within six weeks. (2) The Federal Government may, within four weeks after the Bundestag has passed the law, require the Bundestag to revisit the Bundestag again. Decision. (3) If the law came into effect in accordance with Article 78, the Federal Government may refuse to give its consent only within six weeks and only if it has previously initiated the procedure referred to in the third sentence of paragraph 1 or in paragraph 2 or in paragraph 2. Upon expiry of this period, the consent shall be deemed to have been granted Unofficial table of contents

Species 114

(1) The Federal Minister of Finance shall, in the course of the next accounting year, take account of all revenue and expenditure, as well as on the assets and liabilities in the course of the next financial year, on the discharge of the Federal Government. (2) The Federal Minister of Finance has to take account of the Federal Government and The Federal Court of Auditors, whose members have judicial independence, shall examine the accounts and the economic efficiency and regularity of the budgetary and economic management. In addition to the Federal Government, he has to report directly to the Bundestag and the Federal Council annually. In addition, the powers of the Federal Court of Auditors are governed by federal law. Unofficial table of contents

Species 115

(1) The inclusion of credit and the taking over of guarantees, guarantees or other warranties which may result in expenditure in future financial years shall require a level of empowerment, determined or determined, by: Federal law. (2) Revenue and expenditure shall in principle be compensated without any income from loans. This principle is complied with if the revenue from loans does not exceed 0.35 per cent in relation to the nominal gross domestic product. In addition, in the case of a cyclical development deviating from the normal situation, the effects on the budget in the upswing and downturn must be taken into account symmetrically. Deviations in actual borrowing from the credit limit allowed under rates 1 to 3 shall be recorded on a control account; charges which shall be equal to the threshold of 1.5 per cent in relation to the nominal gross domestic product shall be due to the cyclically-friendly situation. More detailed, in particular, the adjustment of revenue and expenditure for financial transactions and the procedure for calculating the annual net credit ceiling, taking into account the economic development on the basis of an economic recovery procedure, as well as the control and compensation of deviations in actual borrowing from the rule limit, regulates a federal law. In the event of natural disasters or exceptional emergencies which are beyond the control of the State and which significantly affect the state financial situation, these credit ceilings may, on the basis of a decision taken by the majority of the Members of the Bundestag shall be exceeded. The decision shall be linked to a repayment plan. The repatriation of the loans taken in accordance with the sixth sentence shall be carried out within a reasonable period of time.

X a.
Defense Case

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Art 115a

(1) The determination that the territory of the Federal Republic is attacked by force of a gun or that such an attack is directly threatened (case of defense) shall be taken by the Bundestag with the consent of the Federal Council. The determination shall be made at the request of the Federal Government and shall require a two-thirds majority of the votes cast, at least the majority of the members of the Bundestag. (2) The situation shall be independent of immediate action and shall be subject to a If the Bundestag meets uninsurmountable obstacles or if it is not quorum, the Joint Committee shall, by a majority of two-thirds of the votes cast, adopt such a determination by at least the majority of its members. (3) The determination shall be made by the Federal President in accordance with Article 82 promulgated in the federal law. If this is not possible in time, the announcement is made in a different way; it is to be found in the federal law bar as soon as the circumstances permit. (4) If the federal territory is attacked with gun violence and are the competent federal organs the fact that the determination referred to in the first sentence of paragraph 1 shall be taken immediately shall be deemed to have been made and shall be deemed to have been declared at the time when the attack has begun. The Federal President shall announce this date as soon as the circumstances permit. (5) If the determination of the defence case is announced and the Federal territory is attacked by force of a gun, the Federal President may make statements under international law on the existence of the defence case with the consent of the Bundestag. Under the conditions laid down in paragraph 2, the Bundestag shall replace the Joint Committee. Unofficial table of contents

Art 115b

With the proclamation of the defense case, the command and command authority on the armed forces goes over to the chancellor. Unofficial table of contents

Art 115c

(1) The Federation shall also have the right of competing legislation in the case of defence in the fields of competence which are part of the legislative competence of the countries. These laws require the consent of the Federal Council. (2) As far as the conditions during the defense case require, it can be determined by federal law for the case of defense.

1.

in the case of expropriations, by way of derogation from the second sentence of Article 14 (3), the compensation is provisionally regulated,

2.

in the case of deprivation of liberty, a time-limit other than that of Article 104 (2), third sentence, sentence 1, but not more than one of four days, in the event that a judge does not act within the time-limit applicable to normal periods of time could be.

(3) In so far as it is necessary for the defence of a current or imminent attack, the administration and the financial system of the Federal Government and of the Länder may, by way of derogation from the Federal Act with the consent of the Federal Council, be provided for in the case of defence. governed by Sections VIII, VIIIa and X, preserving the viability of the Länder, municipalities and associations of municipalities, in particular in financial terms. (4) Federal legislation referred to in paragraphs 1 and 2 of this Article shall be subject to the following conditions: of their enforcement prior to the entry of the defence case. Unofficial table of contents

Art 115d

(1) By way of derogation from Article 76 (2), Article 77 (1) (2) and (2), (2) to (4), Article 78 and Article 82 (1), the legislation of the Federal Government shall apply to the provisions of paragraphs 2 and 3. (2) The Federal Government's legislative proposals, which shall: As a matter of urgency, they are to be assigned to the federal rate at the same time as the Bundestag is introduced to the Bundestag. Bundestag and Bundesrat discuss these templates together immediately. To the extent that a law requires the consent of the Bundesrat, the law requires the consent of the majority of its votes to be obtained. The more detailed rules are laid down in the Rules of Procedure, which are decided by the Bundestag and require the approval of the Federal Council. (3) Article 115a (3) sentence 2 shall apply mutatis-ly to the promulgating of the laws. Unofficial table of contents

Art 115e

(1) In the case of defence, the Joint Committee shall, by a majority of two-thirds of the votes cast, establish at least the majority of its members that obstacles to the right of the Bundestag to convene in good time shall face insurmountable obstacles. (2) The Basic Law must not be amended by a law of the Joint Committee. (2) The Basic Law shall not be amended by a law of the Joint Committee. , in whole or in part, are put out of force or out of use. The Joint Committee shall not be empowered to act in accordance with the provisions of Article 23 (1), second sentence, Article 24 (1) or Article 29. Unofficial table of contents

Art 115f

(1) In the case of defence, the Federal Government may, in so far as it requires conditions,

1.

use the federal border protection in the entire federal territory;

2.

in addition to the federal administration, also to the national governments and, if it deems it urgent, to give instructions to the national authorities and to delegate this power to members of the national governments to be determined by it.

(2) The Bundestag, the Bundesrat and the Joint Committee shall be immediately informed of the measures taken pursuant to paragraph 1. Unofficial table of contents

Art 115g

The constitutional position and the performance of the constitutional tasks of the Federal Constitutional Court and its judges must not be impaired. The law on the Federal Constitutional Court may be amended by a law of the Joint Committee only in so far as this is also the case in the opinion of the Federal Constitutional Court in order to maintain the functioning of the court is required. Pending the adoption of such a law, the Federal Constitutional Court may take the measures necessary to maintain the working capacity of the court. Decisions pursuant to the second sentence and the third sentence shall be taken by the Federal Constitutional Court by a majority of the judges present. Unofficial table of contents

Art 115h

(1) During the defense case, election periods of the Bundestag or of the national representatives of the Länder shall end six months after the end of the defence case. The term of office of the Federal President, which takes place in the event of a defence, as well as in the case of premature execution of his duties, shall end the exercise of his powers by the President of the Federal Council nine months after the end of the defence case. The term of office of a member of the Federal Constitutional Court expires six months after the end of the defence case. (2) If a re-election of the Federal Chancellor is required by the Joint Committee, the latter shall elect a new Federal Chancellor by a majority of its members; the Federal President shall make a proposal to the Joint Committee. The Joint Committee can only express the confidence of the Federal Chancellor by electing a successor by a majority of two-thirds of its members. (3) For the duration of the defence case, the dissolution of the Bundestag shall be excluded. Unofficial table of contents

Art 115i

(1) If the competent federal authorities are unable to take the necessary measures to avert the danger, and if the situation requires an immediate independent action in individual parts of the federal territory, the state governments shall be responsible for the or the authorities or agents appointed by them to take measures within the meaning of Article 115f (1) for their area of competence. (2) Measures referred to in paragraph 1 may be taken by the Federal Government, in relation to the national authorities, and subordinated federal authorities, also by the prime ministers of the countries, at any time. Unofficial table of contents

Art 115k

(1) For the duration of its applicability, the laws referred to in Articles 115c, 115e and 115g and legal orders issued under such laws shall be subject to the application of the law in question. This does not apply to previous law, which has been adopted pursuant to Articles 115c, 115e and 115g. (2) Laws which the Joint Committee has adopted and legal orders which have been adopted pursuant to such laws shall take place at the latest. six months after the end of the defence case. (3) Laws covered by Articles 91a, 91b, 104a, 106 and 107 shall apply until the end of the second financial year, which shall be followed by the end of the period of defence. Defense case follows. After the end of the defense case, they may be amended by federal law with the consent of the Bundesrat, in order to be transferred to the scheme in accordance with sections VIIIa and X. Unofficial table of contents

Type 115l

(1) The Bundestag may at any time, with the consent of the Federal Council, repeal the laws of the Joint Committee. The Federal Council may require the Bundestag to decide on this. Other measures taken by the Joint Committee or the Federal Government to repel the risk shall be repealed if the Bundestag and the Bundesrat decide. (2) The Bundestag may, with the consent of the Federal Council, at any time by means of a Federal Presidents to announce the decision to end the defence case. The Federal Council may require the Bundestag to decide on this. The case of defense shall be declared to be terminated immediately if the conditions for his determination are no longer fulfilled. (3) Federal law shall be decided on the conclusion of the peace.

XI.
Transitional and final provisions

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Type 116

(1) German within the meaning of this Basic Law is subject to other legal regulations, who have German citizenship or as a refugee or expelled German ethnicity or as their spouse or descendant in (2) Earlier German nationals who were nationals of political, racial or religious origin between 30 January 1933 and 8 May 1945. Reasons have been withdrawn, and their descendants are on request again to naturalization. They are deemed not to have been withdrawn, provided that they have taken their place of residence in Germany after 8 May 1945 and have not expressed an opposite will. Unofficial table of contents

Art 117

(1) The law contrary to Article 3 (2) remains in force until its adaptation to this provision of the Basic Law, but no longer than until 31 March 1953. (2) Laws that respect the right of freedom of movement with regard to the Restrict current space constraints, remain in force until they are lifted by federal law.

Footnote

Art. 117 (1): Effective gem. BVerfGE v. 18.12.1953, 1954 I 10 Unofficial table of contents

Species 118

By way of derogation from the provisions of Article 29, the restructuring in the territories of the countries of Baden, Württemberg-Baden and Württemberg-Hohenzollern may be effected by agreement of the countries concerned. If an agreement is not reached, the restructuring will be governed by federal law, which must provide for a referendum. Unofficial table of contents

Species 118a

The restructuring of the territory comprising the Länder of Berlin and Brandenburg may, by way of derogation from the provisions of Article 29, with the participation of their persons entitled to vote, be effected by agreement between the two countries. Unofficial table of contents

Species 119

In the case of refugees and displaced persons, in particular their distribution to the Länder, the Federal Government, with the consent of the Federal Council, can enact regulations with legal force until a federal legislation is adopted. For special cases, the Federal Government may be authorized to issue individual instructions. The instructions shall be directed to the supreme state authorities, except in the case of danger. Unofficial table of contents

Art 120

(1) The Federal Government shall bear the expenses for the costs of occupation and the other internal and external acts of war following the approximate determination of federal laws. As far as these war follons are up to 1. The Federal Government and the Länder are in proportion to each other in relation to each other's expenses in accordance with the provisions of these federal laws. To the extent that expenses for war-related cases, which have not been regulated in federal laws, are still subject to regulation, up to 1. The Federal Government is not responsible for the assumption of expenses of this kind even after this date, October 1965 of the Länder, municipalities (municipal associations) or other task carriers which fulfil the tasks of countries or municipalities. is committed. The Federal Government is responsible for the contributions to the burden of social security with the inclusion of unemployment insurance and unemployment benefits. The distribution of the consequences of war on the federal and state governments, which is regulated by this paragraph, is without prejudice to the statutory provision of compensation claims for the consequences of war. (2) The revenue is passed to the Federal Government at the same time point at which the The federal government takes over the expenses. Unofficial table of contents

Art 120a

(1) The laws which serve to compensate for the burden of the burden may, with the consent of the Federal Council, determine that they are carried out in the territories of the compensation payments partly by the federal government, in part on behalf of the federal government by the Länder and The Federal Government and the competent supreme federal authorities shall, on the basis of Article 85, transfer all or part of the powers to the Federal Compensation Office in so far as they are concerned. In the exercise of these powers, the Federal Compensation Office does not require the consent of the Bundesrat; its instructions are to be addressed to the supreme state authorities (national compensation offices), except in the cases of urgency. (2) Article 87 (3) Sentence 2 shall remain unaffected. Unofficial table of contents

Art 121

Majority of the members of the Bundestag and of the Federal Assembly within the meaning of this Basic Law are the majority of their statutory membership. Unofficial table of contents

Species 122

(1) From the gathering of the Bundestag, the laws shall be adopted exclusively by the laws of law recognized in this Basic Laws. (2) Legislative and legislative bodies acting in a consultative manner in the legislation, the responsibility of which shall be in accordance with paragraph 1, shall be terminated at that date. Unofficial table of contents

Art 123

(1) Right from the time before the meeting of the Bundestag shall continue to apply, insofar as it does not contradicts the fundamental laws. (2) The state contracts concluded by the German Reich, relating to objects for which according to this basic law the In accordance with general principles of law, national legislation shall remain in force and shall remain in force, subject to all the rights and objections of the parties concerned, until new state contracts by the parties under this Basic Law competent bodies, or their termination on the basis of the shall be otherwise provided for. Unofficial table of contents

Species 124

The law of the Federal Government shall be applicable within the scope of the Federal Law. Unofficial table of contents

Species 125

Right, subject to the objects of the competing legislation of the federal government, will be within its scope of federal law,

1.

insofar as it is uniform within one or more crew zones,

2.

as far as the law is concerned, which has been amended after 8 May 1945 in the case of the former Reich Law.

Unofficial table of contents

Species 125a

(1) Law which has been enacted as federal law, but because of the amendment of Article 74 (1), the insertion of Article 84 (1) sentence 7, of the second sentence of Article 85 (1) or of Article 105 (2a), second sentence, or of the repeal of Article 74a, 75 or 98 (3) sentence 2 could no longer be enacted as federal law, shall be deemed to be federal law. It may be replaced by national law. (2) Law which has been adopted on the basis of Article 72 (2) in the version in force until 15 November 1994, but could no longer be enacted as a federal law by reason of the amendment of Article 72 (2), is valid as federal law. By federal law it can be determined that it can be replaced by national law. (3) Law, which has been enacted as a national law, but could no longer be enacted as a national law because of the amendment of Article 73, shall be considered to be a national law. It can be replaced by federal law. Unofficial table of contents

Species 125b

(1) Law which has been adopted pursuant to Article 75 in the version in force until 1 September 2006 and which could also be enacted as federal law after that date shall be deemed to be a federal law. The powers and obligations of the countries to legislating remain in this respect. However, in the territories referred to in the first sentence of Article 72 (3), countries may adopt derogations from that law and, in the areas referred to in Article 72 (3), first sentence, no. 2, 5 and 6, only if and to the extent that the Federation, as from 1 September 2006, shall: of its legislative competence, in the cases of points 2 and 5 at the latest from 1 January 2010, in the case of point 6 at the latest from 1 August 2008. (2) Of federal legislation which, under the terms of Article 84 (1), is in the version in force before 1 September 2006, the countries may not Regulations of the administrative procedure until 31 December 2008, but only if regulations of the administrative procedure have been amended from 1 September 2006 in the respective federal law. Unofficial table of contents

Art 125c

(1) Right, which has been adopted pursuant to Article 91a (2) in conjunction with paragraph 1 (1) (1), in the version in force until 1 September 2006, shall continue until 31 December 2006. (2) The provisions of Article 104a (4) of this Regulation shall apply until 1 September 2006. the existing rules in the areas of municipal transport financing and social housing support shall continue until 31 December 2006. The rules established in the area of municipal transport financing for the special programmes pursuant to § 6 (1) of the Municipal Transport Finance Act and the other provisions established pursuant to Article 104a (4) in the version valid up to 1 September 2006 shall continue until 31 December 2019, unless an earlier date for the expiry of the external force is or will be determined. Unofficial table of contents

Species 126

The Federal Constitutional Court shall decide on any differences of opinion on the continuing right as federal law. Unofficial table of contents

Art 127

The Federal Government may, with the agreement of the Governments of the countries concerned, the administration of the United Economic Area, in so far as it continues under Article 124 or 125 as federal law, within one year of the date of delivery of this Basic law in the countries of Baden, Groß-Berlin, Rhineland-Palatinate and Württemberg-Hohenzollern put into effect. Unofficial table of contents

Art 128

In so far as the law provides for the right of instruction within the meaning of Article 84 (5), they shall remain in place until otherwise. Unofficial table of contents

Art 129

(1) In so far as legislation, which continues as a federal law, contains an authorisation to decree legal regulations or general administrative provisions and to carry out administrative acts, it shall be based on the now objective competent bodies. In case of doubt, the Federal Government decides in agreement with the Federal Government; the decision shall be published. (2) Insofar as such authorization is contained in legislation which continues as a national law, it shall be published by the (3) In so far as the legislation referred to in paragraphs 1 and 2 authorises them to amend or supplement them or to adopt legislation in place of laws, those authorisations shall be granted. (4) The The provisions of paragraphs 1 and 2 shall apply in accordance with the provisions of the legislation referred to in force on no longer applicable regulations or existing facilities. Unofficial table of contents

Species 130

(1) administrative bodies and other bodies serving the public administration or administration of justice which are not based on national law or state contracts between countries, as well as the operating association of the south-west German railways and the The Board of Directors for the postal and telecommunications sector for the French occupation area is under the authority of the Federal Government. With the consent of the Federal Council, the Federal Council regulates the transfer, dissolution or settlement. (2) Supreme Disciplinary Board of the members of these administrations and institutions shall be the competent Federal Minister. (3) Non-national and non-national State contracts between countries based bodies and institutions of public law are subject to the supervision of the competent supreme federal authority. Unofficial table of contents

Species 131

The legal conditions of persons, including refugees and displaced persons, who were in the public service on 8 May 1945, were eliminated for reasons other than official or collective bargaining, and so far not or not their former The position is to be regulated according to federal law. The same applies to persons, including refugees and displaced persons, who were entitled to supply on 8 May 1945 and who, for reasons other than official or collective bargaining, no longer receive any or no corresponding supplies. Pending the entry into force of the Federal Act, legal claims cannot be asserted, subject to any other national legislation. Unofficial table of contents

Art 132

(1) Officials and judges who are employed at the time of entry into force of this Basic Law for life time may, within six months after the first meeting of the Bundestag, be retired or waiting or in office with lower service income if they lack the personal or professional aptitude for their office. This provision shall apply to employees who are in an insinable service. In the case of employees whose service is to be terminated, notice periods beyond the tariff regulation can be cancelled within the same period. (2) This provision shall not apply to members of the public Service which is not affected by the provisions on the "liberation of National Socialism and Militarism" or which are the recognized persecuted persons of National Socialism, unless there is an important reason in their person. (3) The persons concerned shall be open to legal proceedings in accordance with Article 19 (4). (4) The further shall be determined by a Federal Government Regulation, which requires the approval of the Bundesrat. Unofficial table of contents

Art 133

The Federal Government enters into the rights and obligations of the administration of the United Economic Area. Unofficial table of contents

Species 134

(1) The assets of the Reich shall in principle become federal assets. (2) Insofar as it was determined, according to its original purpose, mainly for administrative tasks which, under this basic law, are not administrative tasks of the federal government, it is free of charge to the competent authorities and, in so far as it does not only serve the temporary use of administrative tasks, which are now to be fulfilled by the countries under this basic legislation, to the countries concerned, transfer. The covenant can also transfer other assets to the countries. (3) Assets which have been made available free of charge to the Reich by the countries and municipalities (municipal associations) will in turn assets of the Länder and communes (municipal associations), as far as the federal government does not need it for its own administrative tasks. (4) The details are governed by a federal law which requires the approval of the Federal Council. Unofficial table of contents

Type 135

(1) If, after 8 May 1945, until the entry into force of this Basic Law, the nationality of a territory has changed, the property of the country to which the territory belongs, to which it belongs now, shall be the property of the country to which it belongs. (2) The assets of non-existing countries and no longer existing other bodies and institutions of the public right shall, in so far as it has been primarily intended for administrative tasks after its initial purpose, or after its Current, not only temporary use of mainly administrative tasks , to the country or body or institution of the public law which now carry out these tasks. (3) The basic assets of no longer existing countries, including the accessories, shall, in so far as they do not already exist, go to property within the meaning of the (4) If an overriding interest of the federal government or the particular interest of an area requires it, federal law may provide for a derogation from paragraphs 1 to 3. (5) In addition, the succession and the dispute shall be subject to the following conditions: it does not take place until 1 January 1952 by agreement between the participating countries or bodies or institutions of public law, governed by federal law, which requires the approval of the Federal Council. (6) participations of the Former country Prussia to companies of private law go to the federal government. (7) Insofar as the assets which were to be attributed to a country or a body or institution of the public law pursuant to paragraphs 1 to 3 are subject to the law of the person concerned by the law of the State, the following shall be determined by the A Land Act, a Land Law or otherwise has been provided with the entry into force of the Basic Law, the transfer of assets shall be deemed to have been made prior to the disposal. Unofficial table of contents

Art 135a

(1) The legislation of the Federation, which is subject to the provisions of Article 134 (4) and Article 135 (5), may also be used to determine that it is not or not to be fully complied with

1.

liabilities of the empire as well as liabilities of the former country Prussia and other non-existent corporate bodies and institutions of public law,

2.

Liabilities of the Confederation or other bodies and institutions of public law related to the transfer of assets under Articles 89, 90, 134 and 135 and liabilities of those entities which are subject to the transfer of assets under the terms of the measures referred to in paragraph 1 shall be based on:

3.

Liabilities of the Länder and municipalities (municipal associations) arising from measures taken by these entities before 1 August 1945 for the implementation of orders of the occupying powers or for the elimination of a state-of-war emergency in the context of the realm of the administrative tasks of the administration or of the realm of administrative tasks.

(2) Paragraph 1 shall apply to liabilities of the German Democratic Republic or its entities, as well as to liabilities of the federal or other bodies and institutions of public law, which shall be subject to the transition from assets of the German Democratic Republic to the federal government, countries and municipalities, and to liabilities based on measures taken by the German Democratic Republic or its entities. Unofficial table of contents

Species 136

(1) The Federal Council shall meet for the first time on the day of the first meeting of the Bundestag. (2) Until the election of the first Federal President, its powers shall be exercised by the President of the Federal Council. He is not entitled to the right of dissolution of the Bundestag. Unofficial table of contents

Species 137

(1) The eligibility of civil servants, employees of the civil service, professional soldiers, voluntary soldiers on time and judges in the federal government, in the Länder and in the municipalities can be restricted by law. (2) For the election of the first Bundestag, the the first Federal Assembly and the first Federal President of the Federal Republic of Germany shall apply the electoral law to be adopted by the Parliamentary Council. (3) The power to be conferred on the Federal Constitutional Court pursuant to Article 41 (2) shall be conferred by the Federal Constitutional Court until the date of its establishment. of the German Supreme Court for the United Economic Area, which shall decide on the basis of its rules of procedure. Unofficial table of contents

Art 138

Changes to the facilities of the now existing notary tariff in the countries of Baden, Bavaria, Württemberg-Baden and Württemberg-Hohenzollern require the agreement of the governments of these countries. Unofficial table of contents

Art 139

The legislation adopted for the "liberation of the German people from National Socialism and militarism" is not affected by the provisions of this Basic Law. Unofficial table of contents

Species 140

The provisions of Articles 136, 137, 138, 139 and 141 of the German Constitution of 11 August 1919 form an integral part of this Basic Law.

Footnote

(+ + + Non-official note:
The listed articles of the German Constitution of 11.8.1919-also printed under the FNA No. 100-2 (see juris-Abk: WRV)-are as follows:

Art. 136 (1) Civil and civic rights and obligations are neither conditionally nor limited by the exercise of religious freedom. (2) The enjoyment of civil and civic rights as well as admission to public offices are not limited to the rights and obligations of the civil society. regardless of the religious confestive. (3) No one is obliged to reveal his religious beliefs. The authorities only have the right to ask for belonging to a religious society, as a result of which rights and obligations depend on them, or if a statistical survey is required by law. (4) No one shall be allowed to become a church. To be compelled to participate in religious exercises or to use a religious form of oath.

Art. 137 (1) There is no state church. (2) The freedom of association with religious societies is guaranteed. The concentration of religious societies within the territory of the Reich is not subject to any restrictions. (3) Each religious society arranges and administers its affairs independently within the limits of the law applicable to all of them. It imparts its offices without the participation of the state or the bourgeois community. (4) Religious companies acquire the legal capacity according to the general provisions of the bourgeois law. (5) The religious societies remain bodies. of public law, insofar as they have been so far. Other religious societies shall be granted equal rights on their application if they provide the guarantee of the duration by virtue of their constitution and the number of their members. If a number of such public-law religious societies join together to form a banal, this association is also a public-law body. (6) The religious societies, which bodies of the public right (7) The associations of religion are treated in the same way as the associations which are responsible for the community care of a (8) To the extent that the implementation of these Provisions require further regulation, which is the national legislation.

Art. 138 (1) The state benefits to the religious companies based on law, contract or special title shall be replaced by the national legislation. (2) The property and other rights of religious societies and religious associations in their institutions, foundations and other property, which are intended for the purposes of cult, teaching and charity, shall be established. is guaranteed.

Art. 139The Sunday and the state-approved holidays remain legally protected as days of working rest and the sea-like survey.

Art. 141As far as the need for worship and pastoral care exists in the army, in hospitals, prisons or other public institutions, religious societies must be allowed to take religious action, with each coercion being forced to take part in the to stay away.
+ + +) Unofficial table of contents

Art 141

The first sentence of Article 7 (3) shall not apply in a country where, on 1 January 1949, there was a different national legislation. Unofficial table of contents

Species 142

Notwithstanding the provisions of Article 31, the provisions of the national constitutions shall also remain in force in so far as they ensure fundamental rights in accordance with Articles 1 to 18 of this Basic Law. Unofficial table of contents

Art 142a

- Unofficial table of contents

Species 143

(1) The law in the territory referred to in Article 3 of the Treaty of Accession may, at the latest until 31 December 1992, derogate from the provisions of this Basic Law, to the extent and as long as, as a result of the different circumstances, the total adjustment to the territory of the territory of the Member States the basic legal order cannot be reached yet. Derogations may not be contrary to Article 19 (2) and must be compatible with the principles set out in Article 79 (3). (2) Derogations from Sections II, VIII, VIIIa, IX, X and XI shall be at the latest until 31 December 1995. (3) Independence of paragraphs 1 and 2, Article 41 of the agreement and regulations relating to its implementation shall continue to apply in so far as they provide that interference in the ownership of the territory referred to in Article 3 of this Treaty shall no longer apply: is rolled back. Unofficial table of contents

Species 143a

(1) The Federal Government has exclusive legislation on all matters arising from the conversion of the Federal Railways in its own administration to economic enterprises. The provisions of Article 87e (5) shall apply. Federal Officials of the Federal Railways may be assigned to the service by law in accordance with their legal status and the responsibility of the service provider of a privately-legally organized railway of the Federation. (2) Laws referred to in paragraph 1 shall be The performance of the tasks in the area of rail passenger transport of the former Federal Railways is up to 31 December 1995. This shall also apply to the corresponding tasks of the railway administration. The further details are governed by federal law, which requires the approval of the Bundesrat. Unofficial table of contents

Species 143b

(1) The special fund Deutsche Bundespost shall be transformed into a private legal form in accordance with a federal law. The Federal Government has exclusive legislation on all matters arising therefrom. (2) The exclusive rights of the Federation, which exist before the transformation, may be granted by the Federal Law for a transitional period from the German Federal Post Office. POSTDIENST and the Deutsche Bundespost TELEKOM will be awarded to companies that have emerged from the Deutsche Bundespost. The majority of the capital of the successor company of the Deutsche Bundespost POSTDIENST shall not be allowed to give up the federal government at the earliest five years after the entry into force of the law. This requires a federal law with the consent of the Federal Council. (3) The federal civil servants working with the Deutsche Bundespost are employed by the private companies while respecting their legal status and the responsibility of the dientherrn. The companies exercise tenor ther powers. This is a federal law. Unofficial table of contents

Art 143c

(1) From 1 January 2007 to 31 December 2019, countries shall be eligible for the abolition of the Community's development and construction of higher education institutions, including university clinics and educational planning, as well as for the abolition of the Financial assistance to improve the transport conditions of municipalities and to promote social housing subsidies The federal government's budget is allocated annually to the federal government's budget. Until 31 December 2013, these amounts shall be determined from the average of the financing shares of the Federal Government for the reference period 2000 to 2008. (2) The amounts referred to in paragraph 1 shall be distributed to the countries until 31 December 2013 as follows:

1.

as annual fixed amounts calculated on the basis of the average share of each country in the period 2000 to 2003;

2.

in each case assigned to the remit of the previous mixed financing.

(3) The Federal Government and the Länder shall review by the end of 2013 the amount of funding allocated to the countries referred to in paragraph 1 in order to fulfil the tasks of the Länder in an appropriate and necessary way. With effect from 1 January 2014, the earmarking provided for in paragraph 2 (2) shall not apply to the financial resources allocated pursuant to paragraph 1; the investment earmarking of the medium volume shall remain in place. The agreements of the Solidarity Pact II remain unaffected. (4) The details of a federal law that require the approval of the Bundesrat are governed by the law. Unofficial table of contents

Art 143d

(1) Articles 109 and 115 in the version in force until 31 July 2009 are to be applied last for the financial year 2010. Articles 109 and 115 in the version in force from 1 August 2009 shall be applied for the first time for the financial year 2011, without prejudice to existing credit authorisations for special assets already established on 31 December 2010. In the period from 1 January 2011 to 31 December 2019, the Länder may derogate from the provisions of Article 109 (3) in accordance with the applicable national legislation. The budgets of the countries shall be drawn up in such a way as to comply with the requirement of Article 109 (3), fifth sentence, in the year 2020. The Federal Government may, for the period from 1 January 2011 to 31 December 2015, derogate from the requirement of the second sentence of Article 115 (2). The reduction of the existing deficit will be started in the financial year 2011. The annual budgets shall be drawn up in such a way as to comply with the provisions of Article 115 (2), second sentence, in the 2016 financial year, which shall be subject to a federal law. (2) In order to ensure compliance with the provisions of Article 109 (3), as from 1 January In 2020, the Länder of Berlin, Bremen, Saarland, Saxony-Anhalt and Schleswig-Holstein can be granted a total of EUR 800 million per year from the Federal Government's budget for the period 2011 to 2019. Of these, EUR 300 million is allocated to Bremen, EUR 260 million to Saarland and EUR 80 million each to Berlin, Saxony-Anhalt and Schleswig-Holstein. The aid will be provided on the basis of an administrative agreement in accordance with a federal law with the consent of the Bundesrat. The granting of aid will require a complete reduction of the financing deficits by the end of 2020. The further details, in particular the annual breakdown of financing deficits, the monitoring of the reduction of financing deficits by the Stability Board and the consequences in the event of non-compliance with the dismantling steps, will be provided by federal law. , with the consent of the Federal Council and by administrative arrangement. The simultaneous granting of the consolidation aid and remediation assistance due to an extreme budget emergency is excluded. (3) The financing burden resulting from the granting of the consolidation aid will be provided by the Federal Government and the Federal Government. Countries, from the latter from their turnover tax share. This is regulated by the Federal Act with the consent of the Federal Council. Unofficial table of contents

Species 144

(1) This Basic Law requires the adoption by the public representatives in two-thirds of the German Länder in which it is to apply first. (2) Insofar as the application of this Basic Law in one of the countries listed in Article 23, or in one part one of these countries shall be subject to restrictions, the country or the part of the country shall have the right, in accordance with Article 38, to send representatives to the Bundestag and, in accordance with Article 50, representatives to the Bundesrat. Unofficial table of contents

Species 145

(1) The Parliamentary Council shall, in a public meeting with the participation of the Members of the Grand-Berlin, establish the adoption of this Basic Law, prepare it and proclaim it. (2) This Basic Law shall enter into force on the expiry of the day of the proclamation of the Power. (3) It is to be published in the federal law. Unofficial table of contents

Species 146

This Basic Law, which applies to the entire German people after the completion of the unity and freedom of Germany, loses its validity on the day on which a constitution enters into force, which is decided by the German people in a free decision. has been made. Unofficial table of contents

Annex EV

-Vtr. v. 31.8.1990 II 889, 890-892,-
provides for the following measures:

Article 3
Entry into force of Basic Law
With the effective date of accession, the Basic Law for the Federal Republic of Germany appears in the adjusted version published in the Federal Law Gazette III, No. 100-1, as last amended by the Law of 21 December 1983 (BGBl. 1481), in the Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia, and in the part of the Land of Berlin, where it has not previously been the case, with the changes resulting from Article 4 in force, to the extent that this Treaty nothing else is determined.

Article 4
Accession-related amendments to the Basic Law
... (affected: Preamble, Art. 23, 51, 135a, 143, 146)

Article 5
Future constitutional amendments
The Governments of the two parties recommend the legislative bodies of the united Germany to change or supplement the questions raised in the context of German unification within two years. Basic law, in particular:

-

with regard to the relationship between the Federal Government and the Länder, in accordance with the joint decision of the Prime Ministers of 5 July 1990,

-

as regards the possibility of a restructuring of the Berlin/Brandenburg area by way of derogation from the provisions of Article 29 of the Basic Law by means of an agreement between the countries concerned,

-

with the consideration of the inclusion of state target provisions in the Basic Law and

-

with the question of the application of Article 146 of the Basic Law and in the context of a referendum.

Article 6
Exception determination
Article 131 of the Basic Law shall not be put into effect for the time being in the territory referred to in Article 3.

Article 7
Financial Regulation
(1) The financial constitution of the Federal Republic of Germany shall extend to the territory referred to in Article 3, unless otherwise provided in this Treaty. (2) For the distribution of the tax revenue to the Federal Government and to the Länder and municipalities. (municipal associations) in the territory referred to in Article 3, the provisions of Article 106 of the Basic Law shall apply with the proviso that:

1.

until 31 December 1994, the fourth sentence of paragraph 3 and paragraph 4 shall not apply;

2.

until 31 December 1996, the share of the municipalities in the revenue of the income tax under Article 106 (5) of the Basic Law from the Länder to the municipalities not on the basis of the income tax benefit of their inhabitants, but on the basis of the the number of inhabitants of the municipalities;

3.

by 31 December 1994, by way of derogation from Article 106 (7) of the Basic Law, an annual percentage of the total amount of Community taxes and the total amount of national taxes on the total income of Community taxes (municipal associations) of the total amount of the Community taxes at least 20 of the hundred and the share of the country from the funds of the Fund "German Unity" referred to in paragraph 5 (1) shall be subject to an annual percentage of 40 of the hundred.

(3) Article 107 of the Basic Law shall apply in the territory referred to in Article 3, provided that, until 31 December 1994, the provisions of the territory of the Federal Republic of Germany and of the countries referred to in Article 3 shall be regulated by the territory of the Member States referred to in Article 3. Paragraph 1, sentence 4, shall not be applied and an overall German financial compensation (Article 107 (2) of the Basic Law) shall not take place. The total German share of the turnover tax is thus divided into an East and West share so that, as a result, the average VAT share per inhabitated in the Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia in the years

1991	55 of the hundred
1992	60 of the hundred
1993	65 of the hundred
1994	70 of the hundred

of the average turnover tax share per inhabitantin the countries of Baden-Württemberg, Bavaria, Bremen, Hesse, Hamburg, Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate, Saarland and Schleswig-Holstein. The share of the Land Berlin will be calculated in advance according to the number of inhabitants. The provisions of this paragraph shall be reviewed for 1993 in the light of the circumstances which exist. (4) The area referred to in Article 3 shall be included in the provisions of Articles 91a, 91b and 104a (3) and (4) of the Basic Law, including the (5) After the establishment of the German unit, the annual benefits of the "German Unity Fund" fund shall be included in the

1.

85 of the hundred as special assistance to the Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia, as well as to the Land of Berlin in order to meet their general financial needs, and to these countries in proportion to their Number of inhabitants distributed without taking into account the population of Berlin (West), and

2.

15 of the hundreds used to carry out central public tasks in the territory of the aforementioned countries.

(6) In the event of a fundamental change in circumstances, the possibilities of further assistance for the appropriate balance of financial power for the countries in the territory of the Federal Government and the Länder referred to in Article 3 shall be jointly examined.