Basic Law
for the Federal Republic
of Germany
Basic Law
for the Federal Republic
of Germany
Print version
As at: April 2010
Published by: German Bundestag
Public Relations Division
Platz der Republik 1, 11011 Berlin
Bundestag eagle:
Copyright: Professor Ludwig Gies; revised: 2008, büro uebele, Stuttgart
Corporate design of the German Bundestag: büro uebele, Stuttgart
Design: Regelindis Westphal Grafik-Design, Berlin
Typeset by: Norbert Lauterbach
Produced by: CPI – Ebner  &  Spiegel, Ulm
Translated by: Professor Christian Tomuschat and Professor David P. Currie
Translation revised by: Professor Christian Tomuschat and Professor Donald P.
Kommers in cooperation with the Language Service of the German Bundestag
© German Bundestag, Berlin 2010
All rights reserved.
This publication is produced by the German Bundestag in the framework of
parliamentary public relations work. It may not be used by parties, parliamentary
groups, Members of the Bundestag or candidates in their public relations
activities – particularly for campaign purposes.
Contents
Preamble 11
I. Basic Rights 12
Art. 1 [Human dignity – Human rights –
Legally binding force of basic rights] 13
Art. 2 [Personal freedoms] 13
Art. 3 [Equality before the law] 13
Art. 4 [Freedom of faith and conscience] 13
Art. 5 [Freedom of expression, arts and sciences] 14
Art. 6 [Marriage – Family – Children] 14
Art. 7 [School system] 15
Art. 8 [Freedom of assembly] 15
Art. 9 [Freedom of association] 16
Art. 10 [Privacy of correspondence, posts and telecommunications] 16
Art. 11 [Freedom of movement] 17
Art. 12 [Occupational freedom] 17
Art. 12a [Compulsory military and alternative civilian service] 17
Art. 13 [Inviolability of the home] 19
Art. 14 [Property – Inheritance – Expropriation] 20
Art. 15 [Socialisation] 20
Art. 16 [Citizenship – Extradition] 21
Art. 16a [Right of asylum] 21
Art. 17 [Right of petition] 22
Art. 17a [Restriction of basic rights in specific instances] 22
Art. 18 [Forfeiture of basic rights] 23
Art. 19 [Restriction of basic rights – Legal remedies] 23
II. The Federation and the Länder 24
Art. 20 [Constitutional principles – Right of resistance] 25
Art. 20a [Protection of the natural foundations of life and animals] 25
Art. 21 [Political parties] 25
Art. 22 [Federal capital – Federal flag] 26
Art. 23 [European Union – Protection of basic rights –
Principle of subsidiarity] 26
Art. 24 [Transfer of sovereign powers – System of collective security] 28
Art. 25 [Primacy of international law] 28
Art. 26 [Securing international peace] 28
Art. 27 [Merchant fleet] 29
Art. 28 [Land constitutions – Autonomy of municipalities] 29
Art. 29 [New delimitation of the federal territory] 29
Art. 30 [Sovereign powers of the Länder] 32
Art. 31 [Supremacy of federal law] 32
Art. 32 [Foreign relations] 32
Art. 33 [Equal citizenship – Public service] 32
Art. 34 [Liability for violation of official duty] 33
Art. 35 [Legal and administrative assistance and
assistance during disasters] 33
Art. 36 [Personnel of federal authorities] 34
Art. 37 [Federal execution] 34
III. The Bundestag 35
Art. 38 [Elections] 36
Art. 39 [Electoral term – Convening] 36
Art. 40 [Presidency – Rules of procedure] 36
Art. 41 [Scrutiny of elections] 37
Art. 42 [Public sittings – Majority decisions] 37
Art. 43 [Right to require presence, right of access and right to be heard] 37
Art. 44 [Committees of inquiry] 37
Art. 45 [Committee on the European Union] 38
Art. 45a [Committees on Foreign Affairs and Defence] 38
Art. 45b [Parliamentary Commissioner for the Armed Forces] 38
Art. 45c [Petitions Committee] 39
Art. 45d [Parliamentary Control Panel] 39
Art. 46 [Immunities of Members] 39
Art. 47 [Right of refusal to give evidence] 40
Art. 48 [Candidature – Protection of membership – Remuneration] 40
Art. 49 (repealed) 40
IV. The Bundesrat 41
Art. 50 [Functions] 41
Art. 51 [Composition – Weighted voting] 42
Art. 52 [President – Decisions – Rules of procedure] 42
Art. 53 [Attendance of members of the Federal Government] 43
IVa. The Joint Committee 44
Art. 53a [Composition – Rules of procedure] 45
V. The Federal President 46
Art. 54 [Election – Term of office] 47
Art. 55 [Incompatibilities] 47
Art. 56 [Oath of office] 48
Art. 57 [Substitution] 48
Art. 58 [Countersignature] 48
Art. 59 [Representation of the Federation for purposes
of international law] 48
Art. 59a (repealed) 49
Art. 60 [Appointment of civil servants – Pardon – Immunity] 49
Art. 61 [Impeachment before the Federal Constitutional Court] 49
VI. The Federal Government 50
Art. 62 [Composition] 51
Art. 63 [Election of the Federal Chancellor] 51
Art. 64 [Appointment and dismissal of
Federal Ministers – Oath of office] 51
Art. 65 [Power to determine policy guidelines –
Department and collegiate responsibility] 52
Art. 65a [Command of the Armed Forces] 52
Art. 66 [Incompatibilities] 52
Art. 67 [Vote of no confidence] 52
Art. 68 [Vote of confidence] 53
Art. 69 [Deputy Federal Chancellor – Term of office] 53
VII. Federal Legislation and Legislative Procedures 54
Art. 70 [Division of powers between the Federation and the Länder] 55
Art. 71 [Exclusive legislative power of the Federation] 55
Art. 72 [Concurrent legislative powers] 55
Art. 73 [Matters under exclusive legislative power of the Federation] 56
Art. 74 [Matters under concurrent legislative powers] 58
Art. 74a (repealed) 60
Art. 75 (repealed) 60
Art. 76 [Bills] 60
Art. 77 [Legislative procedure – Mediation Committee] 61
Art. 78 [Passage of federal laws] 63
Art. 79 [Amendment of the Basic Law] 63
Art. 80 [Issuance of statutory instruments] 63
Art. 80a [State of tension] 64
Art. 81 [Legislative emergency] 65
Art. 82 [Certification – Promulgation – Entry into force] 66
VIII. The Execution of Federal Laws
and the Federal Administration 67
Art. 83 [Execution by the Länder] 68
Art. 84 [Länder administration – Federal oversight] 68
Art. 85 [Execution by the Länder on federal commission] 69
Art. 86 [Federal administration] 70
Art. 87 [Matters] 70
Art. 87a [Armed Forces] 71
Art. 87b [Federal Defence Administration] 71
Art. 87c [Production and utilisation of nuclear energy] 72
Art. 87d [Air transport administration] 72
Art. 87e [Rail transport administration] 73
Art. 87f [Posts and telecommunications] 74
Art. 88 [The Federal Bank – The European Central Bank] 74
Art. 89 [Federal waterways – Administration of waterways] 74
Art. 90 [Federal highways] 75
Art. 91 [Internal emergency] 75
VIIIa. Joint Tasks 77
Art. 91a [Joint tasks – Responsibility for expenditure] 78
Art. 91b [Education programmes and promotion of research] 78
Art. 91c [Information technology systems] 79
Art. 91d [Comparison of performance] 80
IX. The Judiciary 81
Art. 92 [Court organisation] 82
Art. 93 [Jurisdiction of the Federal Constitutional Court] 82
Art. 94 [Composition of the Federal Constitutional Court] 83
Art. 95 [Supreme federal courts] 84
Art. 96 [Other federal courts] 84
Art. 97 [Judicial independence] 85
Art. 98 [Legal status of judges – Impeachment] 85
Art. 99 [Constitutional disputes within a Land] 86
Art.100 [Concrete judicial review] 86
Art.101 [Ban on extraordinary courts] 87
Art.102 [Abolition of capital punishment] 87
Art.103 [Fair trial] 87
Art.104 [Deprivation of liberty] 87
X. Finance 89
Art.104a [Apportionment of expenditures – Financial system – Liability] 90
Art.104b [Financial assistance for investments] 91
Art.105 [Distribution of powers regarding tax laws] 91
Art.106 [Apportionment of tax revenue and yield of fiscal monopolies] 92
Art.106a [Federal grants for local mass transit] 95
Art.106b [Länder share of motor vehicle tax] 96
Art.107 [Distribution of tax revenue – Financial equalisation
among the Länder – Supplementary grants] 96
Art.108 [Financial administration of the Federation and the Länder –
Financial courts] 97
Art.109 [Budget management in the Federation and the Länder] 98
Art.109a [Budgetary emergencies] 99
Art.110 [Federal budget] 100
Art.111 [Interim budget management] 101
Art.112 [Extrabudgetary expenditures] 101
Art.113 [Increase of expenditures] 101
Art.114 [Submission and auditing of accounts] 102
Art.115 [Limits of borrowing] 102
Xa. State of Defence 104
Art.115a [Declaration of state of defence] 105
Art.115b [Power of command of the Federal Chancellor] 106
Art.115c [Extension of the legislative powers of the Federation] 106
Art.115d [Urgent bills] 107
Art.115e [Joint Committee] 107
Art.115f [Use of Federal Border Police –
Extended powers of instruction] 108
Art.115g [Federal Constitutional Court] 108
Art.115h [Expiry of electoral terms and terms of office] 108
Art.115i [Powers of the Land governments] 109
Art.115k [Rank and duration of emergency provisions] 109
Art.115l [Repeal of emergency measures – Conclusion of peace] 110
XI. Transitional and Concluding Provisions 111
Art.116 [Definition of “German” – Restoration of citizenship] 112
Art.117 [Suspended entry into force of two basic rights] 112
Art.118 [New delimitation of Baden and Württemberg] 112
Art.118a [New delimitation of Berlin and Brandenburg] 113
Art.119 [Refugees and expellees] 113
Art.120 [Occupation costs – Burdens resulting from the war] 113
Art.120a [Equalisation of burdens] 114
Art.121 [Definition of “majority of the members”] 114
Art.122 [Date of transmission of legislative powers] 114
Art.123 [Continued applicability of pre-existing law] 115
Art.124 [Continued applicability of law within the scope of
exclusive legislative power] 115
Art.125 [Continued applicability of law within the scope of
concurrent legislative power] 115
Art.125a [Continued applicability of federal law –
Replacement by Land law] 116
Art.125b [Continued applicability of framework laws –
Deviation power of the Länder] 116
Art.125c [Continued applicability of law within the scope of joint tasks] 117
Art.126 [Determination about continued applicability
of law as federal law] 117
Art.127 [Extension of law to the French zone and to Berlin] 118
Art.128 [Continued authority to issue instructions] 118
Art.129 [Continued authority to issue legal acts] 118
Art.130 [Transfer of existing administrative institutions] 119
Art.131 [Persons formerly in the public service] 119
Art.132 [Retirement of civil servants] 120
Art.133 [Succession to the Administration of the
Combined Economic Area] 120
Art.134 [Succession to Reich assets] 121
Art.135 [Assets in case of territorial changes between the Länder] 121
Art.135a [Old debts] 122
Art.136 [First convening of the Bundesrat] 123
Art.137 [Right of state employees to stand for election] 123
Art.138 [South German notaries] 124
Art.139 [Continued applicability of denazification provisions] 124
Art.140 [Law of religious denominations] 124
Art.141 [“Bremen Clause”] 124
Art.142 [Reservation in favour of basic rights in Land constitutions] 124
Art.142a (repealed) 124
Art.143 [Duration of deviations from the Basic Law] 125
Art.143a [Exclusive legislative power concerning federal railways] 125
Art.143b [Privatisation of the Deutsche Bundespost] 126
Art.143c [Compensation for the cessation of joint tasks] 126
Art.143d [Transitional provisions relating to consolidation assistance] 127
Art.144 [Ratification of the Basic Law] 128
Art.145 [Entry into force of the Basic Law] 129
Art.146 [Duration of the Basic Law] 129
Extracts from the German Constitution
of 11 August 1919
(Weimar Constitution) 130
Religion and religious societies 131
Art.136 131
Art.137 131
Art.138 132
Art.139 132
Art.141 132
Basic Law
for the Federal Republic
of Germany
23 May 1949
The Parliamentary Council, meeting in public session at Bonn
am Rhein on 23 May 1949, confirmed that the Basic Law for the
Federal Republic of Germany, which was adopted by the Parliamentary
Council on 8 May 1949, was ratified in the week of
16 to 22 May 1949 by the parliaments of more than two thirds
of the participating German Länder.
By virtue of this fact the Parliamentary Council, represented by
its Presidents, has signed and promulgated the Basic Law.
The Basic Law is hereby published in the Federal Law Gazette
pursuant to paragraph (3) of Article 145.
Preamble
Conscious of their responsibility before God and man,
Inspired by the determination to promote world peace as an
equal partner in a united Europe, the German people, in the
exercise of their constituent power, have adopted this Basic
Law. Germans in the Länder of Baden-Württemberg, Bavaria,
Berlin, Brandenburg, Bremen, Hamburg, Hesse, Lower Saxony,
Mecklenburg-Western Pomerania, North Rhine-Westphalia,
Rhineland-Palatinate, Saarland, Saxony, Saxony-Anhalt,
Schleswig-Holstein and Thuringia have achieved the unity
and freedom of Germany in free self-determination. This Basic
Law thus applies to the entire German people.
11
I.
Basic Rights
12
Article 1
[Human dignity – Human rights – Legally binding force of
basic rights]
(1) Human dignity shall be inviolable. To respect and protect
it shall be the duty of all state authority.
(2) The German people therefore acknowledge inviolable and
inalienable human rights as the basis of every community,
of peace and of justice in the world.
(3) The following basic rights shall bind the legislature, the
executive and the judiciary as directly applicable law.
Article 2
[Personal freedoms]
(1) Every person shall have the right to free development of his
personality insofar as he does not violate the rights
of others or offend against the constitutional order or the
moral law.
(2) Every person shall have the right to life and physical integrity.
Freedom of the person shall be inviolable. These rights
may be interfered with only pursuant to a law.
Article 3
[Equality before the law]
(1) All persons shall be equal before the law.
(2) Men and women shall have equal rights. The state shall
promote the actual implementation of equal rights for
women and men and take steps to eliminate disadvantages
that now exist.
(3) No person shall be favoured or disfavoured because of
sex, parentage, race, language, homeland and origin, faith,
or religious or political opinions. No person shall be
disfavoured because of disability.
Article 4
[Freedom of faith and conscience]
(1) Freedom of faith and of conscience, and freedom to profess
a religious or philosophical creed, shall be inviolable.
I. Basic Rights 13
(2) The undisturbed practice of religion shall be guaranteed.
(3) No person shall be compelled against his conscience to
render military service involving the use of arms. Details
shall be regulated by a federal law.
Article 5
[Freedom of expression, arts and sciences]
(1) Every person shall have the right freely to express and disseminate
his opinions in speech, writing and pictures, and
to inform himself without hindrance from generally accessible
sources. Freedom of the press and freedom of reporting
by means of broadcasts and films shall be guaranteed.
There shall be no censorship.
(2) These rights shall find their limits in the provisions of general
laws, in provisions for the protection of young persons,
and in the right to personal honour.
(3) Arts and sciences, research and teaching shall be free.
The freedom of teaching shall not release any person from
allegiance to the constitution.
Article 6
[Marriage – Family – Children]
(1) Marriage and the family shall enjoy the special protection
of the state.
(2) The care and upbringing of children is the natural right of
parents and a duty primarily incumbent upon them. The
state shall watch over them in the performance of this duty.
(3) Children may be separated from their families against the
will of their parents or guardians only pursuant to a law,
and only if the parents or guardians fail in their duties or
the children are otherwise in danger of serious neglect.
(4) Every mother shall be entitled to the protection and care
of the community.
(5) Children born outside of marriage shall be provided by
legislation with the same opportunities for physical and
mental development and for their position in society as
are enjoyed by those born within marriage.
I. Basic Rights 14
Article 7
[School system]
(1) The entire school system shall be under the supervision
of the state.
(2) Parents and guardians shall have the right to decide
whether children shall receive religious instruction.
(3) Religious instruction shall form part of the regular curriculum
in state schools, with the exception of non-denominational
schools. Without prejudice to the state’s right of supervision,
religious instruction shall be given in accordance
with the tenets of the religious community concerned.
Teachers may not be obliged against their will to give
religious instruction.
(4) The right to establish private schools shall be guaranteed.
Private schools that serve as alternatives to state schools
shall require the approval of the state and shall be subject
to the laws of the Länder. Such approval shall be given
when private schools are not inferior to the state schools in
terms of their educational aims, their facilities, or the professional
training of their teaching staff, and when segregation
of pupils according to the means of their parents will
not be encouraged thereby. Approval shall be withheld if
the economic and legal position of the teaching staff is not
adequately assured.
(5) A private elementary school shall be approved only if the
educational authority finds that it serves a special pedagogical
interest or if, on the application of parents or guardians,
it is to be established as a denominational or interdenominational
school or as a school based on a particular
philosophy and no state elementary school of that type
exists in the municipality.
(6) Preparatory schools shall remain abolished.
Article 8
[Freedom of assembly]
(1) All Germans shall have the right to assemble peacefully
and unarmed without prior notification or permission.
I. Basic Rights 15
(2) In the case of outdoor assemblies, this right may be restricted
by or pursuant to a law.
Article 9
[Freedom of association]
(1) All Germans shall have the right to form corporations and
other associations.
(2) Associations whose aims or activities contravene the criminal
laws, or that are directed against the constitutional order
or the concept of international understanding, shall be
prohibited.
(3) The right to form associations to safeguard and improve
working and economic conditions shall be guaranteed to
every individual and to every occupation or profession.
Agreements that restrict or seek to impair this right shall
be null and void; measures directed to this end shall be
unlawful. Measures taken pursuant to Article 12a, to paragraphs
(2) and (3) of Article 35, to paragraph (4) of Article
87a, or to Article 91 may not be directed against industrial
disputes engaged in by associations within the meaning of
the first sentence of this paragraph in order to safeguard
and improve working and economic conditions.
Article 10
[Privacy of correspondence, posts and
telecommunications]
(1) The privacy of correspondence, posts and telecommunications
shall be inviolable.
(2) Restrictions may be ordered only pursuant to a law. If the
restriction serves to protect the free democratic basic order
or the existence or security of the Federation or of a Land,
the law may provide that the person affected shall not be
informed of the restriction and that recourse to the courts
shall be replaced by a review of the case by agencies and
auxiliary agencies appointed by the legislature.
I. Basic Rights 16
Article 11
[Freedom of movement]
(1) All Germans shall have the right to move freely throughout
the federal territory.
(2) This right may be restricted only by or pursuant to a law,
and only in cases in which the absence of adequate means
of support would result in a particular burden for the community,
or in which such restriction is necessary to avert
an imminent danger to the existence or the free democratic
basic order of the Federation or of a Land, to combat the
danger of an epidemic, to respond to a grave accident or
natural disaster, to protect young persons from serious neglect,
or to prevent crime.
Article 12
[Occupational freedom]
(1) All Germans shall have the right freely to choose their
occupation or profession, their place of work and their
place of training. The practice of an occupation or profession
may be regulated by or pursuant to a law.
(2) No person may be required to perform work of a particular
kind except within the framework of a traditional duty of
community service that applies generally and equally to all.
(3) Forced labour may be imposed only on persons deprived of
their liberty by the judgment of a court.
Article 12a
[Compulsory military and alternative civilian service]
(1) Men who have attained the age of eighteen may be required
to serve in the Armed Forces, in the Federal Border Police,
or in a civil defence organisation.
(2) Any person who, on grounds of conscience, refuses to render
military service involving the use of arms may be required
to perform alternative service. The duration of alternative
service shall not exceed that of military service. Details
shall be regulated by a law, which shall not interfere with
the freedom to make a decision in accordance with the
I. Basic Rights 17
dictates of conscience, and which shall also provide for
the possibility of alternative service not connected with
units of the Armed Forces or of the Federal Border Police.
(3) Persons liable to compulsory military service who are not
called upon to render service pursuant to paragraph (1) or
(2) of this Article may, when a state of defence is in effect,
be assigned by or pursuant to a law to employment involving
civilian services for defence purposes, including the
protection of the civilian population; they may be assigned
to public employment only for the purpose of discharging
police functions or such other sovereign functions of public
administration as can be discharged only by persons employed
in the public service. The employment contemplated
by the first sentence of this paragraph may include services
within the Armed Forces, in the provision of military
supplies, or with public administrative authorities; assignments
to employment connected with supplying and servicing
the civilian population shall be permissible only to
meet their basic requirements or to guarantee their safety.
(4) If, during a state of defence, the need for civilian services in
the civilian health system or in stationary military hospitals
cannot be met on a voluntary basis, women between the age
of eighteen and fifty-five may be called upon to render such
services by or pursuant to a law. Under no circumstances
may they be required to render service involving the use of
arms.
(5) Prior to the existence of a state of defence, assignments under
paragraph (3) of this Article may be made only if the requirements
of paragraph (1) of Article 80a are met. In preparation
for the provision of services under paragraph (3) of
this Article that demand special knowledge or skills, participation
in training courses may be required by or pursuant
to a law. In this case the first sentence of this paragraph
shall not apply.
(6) If, during a state of defence, the need for workers in the
areas specified in the second sentence of paragraph (3) of
this Article cannot be met on a voluntary basis, the right
I. Basic Rights 18
of German citizens to abandon their occupation or place of
employment may be restricted by or pursuant to a law in
order to meet this need. Prior to the existence of a state of
defence, the first sentence of paragraph (5) of this Article
shall apply mutatis mutandis.
Article 13
[Inviolability of the home]
(1) The home is inviolable.
(2) Searches may be authorised only by a judge or, when time is
of the essence, by other authorities designated by the laws,
and may be carried out only in the manner therein prescribed.
(3) If particular facts justify the suspicion that any person has
committed an especially serious crime specifically defined
by a law, technical means of acoustical surveillance of any
home in which the suspect is supposedly staying may be
employed pursuant to judicial order for the purpose of prosecuting
the offence, provided that alternative methods of
investigating the matter would be disproportionately difficult
or unproductive. The authorisation shall be for a limited
time. The order shall be issued by a panel composed
of three judges. When time is of the essence, it may also be
issued by a single judge.
(4) To avert acute dangers to public safety, especially dangers
to life or to the public, technical means of surveillance of
the home may be employed only pursuant to judicial order.
When time is of the essence, such measures may also be
ordered by other authorities designated by a law; a judicial
decision shall subsequently be obtained without delay.
(5) If technical means are contemplated solely for the protection
of persons officially deployed in a home, the measure
may be ordered by an authority designated by a law. The
information thereby obtained may be otherwise used only
for purposes of criminal prosecution or to avert danger and
only if the legality of the measure has been previously determined
by a judge; when time is of the essence, a judicial
decision shall subsequently be obtained without delay.
I. Basic Rights 19
(6) The Federal Government shall report to the Bundestag annually
as to the employment of technical means pursuant
to paragraph (3) and, within the jurisdiction of the Federation,
pursuant to paragraph (4) and, insofar as judicial approval
is required, pursuant to paragraph (5) of this Article.
A panel elected by the Bundestag shall exercise parliamentary
oversight on the basis of this report. A comparable parliamentary
oversight shall be afforded by the Länder.
(7) Interferences and restrictions shall otherwise only be permissible
to avert a danger to the public or to the life of an
individual, or, pursuant to a law, to confront an acute danger
to public safety and order, in particular to relieve a
housing shortage, to combat the danger of an epidemic, or
to protect young persons at risk.
Article 14
[Property – Inheritance – Expropriation]
(1) Property and the right of inheritance shall be guaranteed.
Their content and limits shall be defined by the laws.
(2) Property entails obligations. Its use shall also serve the
public good.
(3) Expropriation shall only be permissible for the public good.
It may only be ordered by or pursuant to a law that determines
the nature and extent of compensation. Such compensation
shall be determined by establishing an equitable
balance between the public interest and the interests of
those affected. In case of dispute concerning the amount of
compensation, recourse may be had to the ordinary courts.
Article 15
[Socialisation]
Land, natural resources and means of production may for
the purpose of socialisation be transferred to public ownership
or other forms of public enterprise by a law that determines
the nature and extent of compensation. With respect
to such compensation the third and fourth sentences of paragraph
(3) of Article 14 shall apply mutatis mutandis.
I. Basic Rights 20
Article 16
[Citizenship – Extradition]
(1) No German may be deprived of his citizenship. Citizenship
may be lost only pursuant to a law, and against the will of
the person affected only if he does not become stateless as a
result.
(2) No German may be extradited to a foreign country. The law
may provide otherwise for extraditions to a member state of
the European Union or to an international court, provided
that the rule of law is observed.
Article 16a
[Right of asylum]
(1) Persons persecuted on political grounds shall have the right
of asylum.
(2) Paragraph (1) of this Article may not be invoked by a person
who enters the federal territory from a member state of
the European Communities or from another third state in
which application of the Convention Relating to the Status
of Refugees and of the Convention for the Protection of
Human Rights and Fundamental Freedoms is assured. The
states outside the European Communities to which the criteria
of the first sentence of this paragraph apply shall be
specified by a law requiring the consent of the Bundesrat.
In the cases specified in the first sentence of this paragraph,
measures to terminate an applicant’s stay may be implemented
without regard to any legal challenge that may have
been instituted against them.
(3) By a law requiring the consent of the Bundesrat, states may
be specified in which, on the basis of their laws, enforcement
practices and general political conditions, it can be
safely concluded that neither political persecution nor
inhuman or degrading punishment or treatment exists. It
shall be presumed that a foreigner from such a state is not
persecuted, unless he presents evidence justifying the conclusion
that, contrary to this presumption, he is persecuted
on political grounds.
I. Basic Rights 21
(4) In the cases specified by paragraph (3) of this Article and
in other cases that are plainly unfounded or considered to
be plainly unfounded, the implementation of measures to
terminate an applicant’s stay may be suspended by a court
only if serious doubts exist as to their legality; the scope of
review may be limited, and tardy objections may be disregarded.
Details shall be determined by a law.
(5) Paragraphs (1) to (4) of this Article shall not preclude the
conclusion of international agreements of member states of
the European Communities with each other or with those
third states which, with due regard for the obligations arising
from the Convention Relating to the Status of Refugees
and the Convention for the Protection of Human Rights and
Fundamental Freedoms, whose enforcement must be assured
in the contracting states, adopt rules conferring jurisdiction
to decide on applications for asylum, including the
reciprocal recognition of asylum decisions.
Article 17
[Right of petition]
Every person shall have the right individually or jointly
with others to address written requests or complaints to
competent authorities and to the legislature.
Article 17a
[Restriction of basic rights in specific instances]
(1) Laws regarding military and alternative service may provide
that the basic right of members of the Armed Forces
and of alternative service freely to express and disseminate
their opinions in speech, writing and pictures (first clause
of paragraph (1) of Article 5), the basic right of assembly
(Article 8), and the right of petition (Article 17) insofar as
it permits the submission of requests or complaints jointly
with others, be restricted during their period of military
or alternative service.
(2) Laws regarding defence, including protection of the civilian
population, may provide for restriction of the basic rights of
I. Basic Rights 22
freedom of movement (Article 11) and inviolability of the
home (Article 13).
Article 18
[Forfeiture of basic rights]
Whoever abuses the freedom of expression, in particular the
freedom of the press (paragraph (1) of Article 5), the freedom
of teaching (paragraph (3) of Article 5), the freedom of
assembly (Article 8), the freedom of association (Article 9),
the privacy of correspondence, posts and telecommunications
(Article 10), the rights of property (Article 14), or the
right of asylum (Article 16a) in order to combat the free
democratic basic order shall forfeit these basic rights. This
forfeiture and its extent shall be declared by the Federal
Constitutional Court.
Article 19
[Restriction of basic rights – Legal remedies]
(1) Insofar as, under this Basic Law, a basic right may be restricted
by or pursuant to a law, such law must apply generally
and not merely to a single case. In addition, the law
must specify the basic right affected and the Article in
which it appears.
(2) In no case may the essence of a basic right be affected.
(3) The basic rights shall also apply to domestic artificial persons
to the extent that the nature of such rights permits.
(4) Should any person’s rights be violated by public authority,
he may have recourse to the courts. If no other jurisdiction
has been established, recourse shall be to the ordinary
courts. The second sentence of paragraph (2) of Article 10
shall not be affected by this paragraph.
I. Basic Rights 23
II.
The Federation and the Länder
24
II. The Federation and the Länder 25
Article 20
[Constitutional principles – Right of resistance]
(1) The Federal Republic of Germany is a democratic and social
federal state.
(2) All state authority is derived from the people. It shall be exercised
by the people through elections and other votes and
through specific legislative, executive and judicial bodies.
(3) The legislature shall be bound by the constitutional order,
the executive and the judiciary by law and justice.
(4) All Germans shall have the right to resist any person seeking
to abolish this constitutional order, if no other remedy
is available.
Article 20a
[Protection of the natural foundations of life and animals]
Mindful also of its responsibility toward future generations,
the state shall protect the natural foundations of life and
animals by legislation and, in accordance with law and
justice, by executive and judicial action, all within the
framework of the constitutional order.
Article 21
[Political parties]
(1) Political parties shall participate in the formation of the political
will of the people. They may be freely established.
Their internal organisation must conform to democratic
principles. They must publicly account for their assets and
for the sources and use of their funds.
(2) Parties that, by reason of their aims or the behaviour of
their adherents, seek to undermine or abolish the free democratic
basic order or to endanger the existence of the Federal
Republic of Germany shall be unconstitutional. The
Federal Constitutional Court shall rule on the question of
unconstitutionality.
(3) Details shall be regulated by federal laws.
II. The Federation and the Länder 26
Article 22
[Federal capital – Federal flag]
(1) Berlin is the capital of the Federal Republic of Germany.
The Federation shall be responsible for representing the
nation as a whole in the capital. Details shall be regulated
by federal law.
(2) The federal flag shall be black, red and gold.
Article 23
[European Union – Protection of basic rights –
Principle of subsidiarity]
(1) With a view to establishing a united Europe, the Federal
Republic of Germany shall participate in the development
of the European Union that is committed to democratic,
social and federal principles, to the rule of law, and to the
principle of subsidiarity, and that guarantees a level of protection
of basic rights essentially comparable to that afforded
by this Basic Law. To this end the Federation may transfer
sovereign powers by a law with the consent of the Bundesrat.
The establishment of the European Union, as well
as changes in its treaty foundations and comparable regulations
that amend or supplement this Basic Law, or make
such amendments or supplements possible, shall be subject
to paragraphs (2) and (3) of Article 79.
(1a) The Bundestag and the Bundesrat shall have the right to
bring an action before the Court of Justice of the European
Union to challenge a legislative act of the European Union
for infringing the principle of subsidiarity. The Bundestag
is obliged to initiate such an action at the request of one
fourth of its Members. By a statute requiring the consent of
the Bundesrat, exceptions from the first sentence of paragraph
(2) of Article 42, and the first sentence of paragraph
(2) of Article 52, may be authorised for the exercise of the
rights granted to the Bundestag and the Bundesrat under
the contractual foundations of the European Union.
(2) The Bundestag and, through the Bundesrat, the Länder
shall participate in matters concerning the European Union.
II. The Federation and the Länder 27
The Federal Government shall keep the Bundestag and the
Bundesrat informed, comprehensively and at the earliest
possible time.
(3) Before participating in legislative acts of the European
Union, the Federal Government shall provide the Bundestag
with an opportunity to state its position. The Federal
Government shall take the position of the Bundestag into
account during the negotiations. Details shall be regulated
by a law.
(4) The Bundesrat shall participate in the decision-making process
of the Federation insofar as it would have been competent
to do so in a comparable domestic matter, or insofar as
the subject falls within the domestic competence of the
Länder.
(5) Insofar as, in an area within the exclusive competence of
the Federation, interests of the Länder are affected, and in
other matters, insofar as the Federation has legislative power,
the Federal Government shall take the position of the
Bundesrat into account. To the extent that the legislative
powers of the Länder, the structure of Land authorities, or
Land administrative procedures are primarily affected, the
position of the Bundesrat shall be given the greatest possible
respect in determining the Federation’s position consistent
with the responsibility of the Federation for the
nation as a whole. In matters that may result in increased
expenditures or reduced revenues for the Federation, the
consent of the Federal Government shall be required.
(6) When legislative powers exclusive to the Länder concerning
matters of school education, culture or broadcasting are
primarily affected, the exercise of the rights belonging to
the Federal Republic of Germany as a member state of the
European Union shall be delegated by the Federation to a
representative of the Länder designated by the Bundesrat.
These rights shall be exercised with the participation of,
and in coordination with, the Federal Government; their
exercise shall be consistent with the responsibility of the
Federation for the nation as a whole.
II. The Federation and the Länder 28
(7) Details regarding paragraphs (4) to (6) of this Article shall be
regulated by a law requiring the consent of the Bundesrat.
Article 24
[Transfer of sovereign powers – System of collective
security]
(1) The Federation may by a law transfer sovereign powers to
international organisations.
(1a) Insofar as the Länder are competent to exercise state powers
and to perform state functions, they may, with the consent
of the Federal Government, transfer sovereign powers
to transfrontier institutions in neighbouring regions.
(2) With a view to maintaining peace, the Federation may enter
into a system of mutual collective security; in doing so it
shall consent to such limitations upon its sovereign powers
as will bring about and secure a lasting peace in Europe
and among the nations of the world.
(3) For the settlement of disputes between states, the Federation
shall accede to agreements providing for general, comprehensive
and compulsory international arbitration.
Article 25
[Primacy of international law]
The general rules of international law shall be an integral
part of federal law. They shall take precedence over the
laws and directly create rights and duties for the inhabitants
of the federal territory.
Article 26
[Securing international peace]
(1) Acts tending to and undertaken with intent to disturb the
peaceful relations between nations, especially to prepare
for a war of aggression, shall be unconstitutional. They
shall be made a criminal offence.
(2) Weapons designed for warfare may be manufactured, transported
or marketed only with the permission of the Federal
Government. Details shall be regulated by a federal law.
II. The Federation and the Länder 29
Article 27
[Merchant fleet]
All German merchant vessels shall constitute a unitary
merchant fleet.
Article 28
[Land constitutions – Autonomy of municipalities]
(1) The constitutional order in the Länder must conform to the
principles of a republican, democratic and social state governed
by the rule of law, within the meaning of this Basic
Law. In each Land, county and municipality the people
shall be represented by a body chosen in general, direct,
free, equal and secret elections. In county and municipal
elections, persons who possess citizenship in any member
state of the European Community are also eligible to vote
and to be elected in accord with European Community law.
In municipalities a local assembly may take the place of an
elected body.
(2) Municipalities must be guaranteed the right to regulate all
local affairs on their own responsibility, within the limits
prescribed by the laws. Within the limits of their functions
designated by a law, associations of municipalities shall
also have the right of self-government according to the laws.
The guarantee of self-government shall extend to the bases
of financial autonomy; these bases shall include the right of
municipalities to a source of tax revenues based upon economic
ability and the right to establish the rates at which
these sources shall be taxed.
(3) The Federation shall guarantee that the constitutional order
of the Länder conforms to the basic rights and to the provisions
of paragraphs (1) and (2) of this Article.
Article 29
[New delimitation of the federal territory]
(1) The division of the federal territory into Länder may be revised
to ensure that each Land be of a size and capacity to
perform its functions effectively. Due regard shall be given
in this connection to regional, historical and cultural ties,
economic efficiency, and the requirements of local and regional
planning.
(2) Revisions of the existing division into Länder shall be effected
by a federal law, which must be confirmed by referendum.
The affected Länder shall be afforded an opportunity
to be heard.
(3) The referendum shall be held in the Länder from whose territories
or parts of territories a new Land or a Land with redefined
boundaries is to be established (affected Länder).
The question to be voted on is whether the affected Länder
are to remain as they are or whether the new Land or the
Land with redefined boundaries should be established. The
proposal to establish a new Land or a Land with redefined
boundaries shall take effect if the change is approved by a
majority in the future territory of such Land and by a majority
in the territories or parts of territories of an affected
Land taken together whose affiliation with a Land is to be
changed in the same way. The proposal shall not take effect
if within the territory of any of the affected Länder a majority
reject the change; however, such rejection shall be of no
consequence if in any part of the territory whose affiliation
with the affected Land is to be changed a two-thirds majority
approves the change, unless it is rejected by a two-thirds
majority in the territory of the affected Land as a whole.
(4) If in any clearly defined and contiguous residential and
economic area located in two or more Länder and having at
least one million inhabitants one tenth of those entitled to
vote in Bundestag elections petition for the inclusion of
that area in a single Land, a federal law shall specify within
two years whether the change shall be made in accordance
with paragraph (2) of this Article or that an advisory referendum
shall be held in the affected Länder.
(5) The advisory referendum shall establish whether the changes
the law proposes meet with the voters’ approval. The law
may put forward not more than two distinct proposals for
consideration by the voters. If a majority approves a proposed
II. The Federation and the Länder 30
change of the existing division into Länder, a federal law
shall specify within two years whether the change shall be
made in accordance with paragraph (2) of this Article. If
a proposal is approved in accordance with the third and
fourth sentences of paragraph (3) of this Article, a federal
law providing for establishment of the proposed Land shall
be enacted within two years after the advisory ballot, and
confirmation by referendum shall no longer be required.
(6) A majority in a referendum or in an advisory referendum
shall consist of a majority of the votes cast, provided that it
amounts to at least one quarter of those entitled to vote in
Bundestag elections. Other details concerning referenda,
petitions and advisory referenda shall be regulated by a
federal law, which may also provide that the same petition
may not be filed more than once within a period of five
years.
(7) Other changes concerning the territory of the Länder may
be effected by agreements between the Länder concerned or
by a federal law with the consent of the Bundesrat, if the
territory that is to be the subject of the change has no more
than 50,000 inhabitants. Details shall be regulated by a
federal law requiring the consent of the Bundesrat and of
a majority of the Members of the Bundestag. The law must
provide affected municipalities and counties with an opportunity
to be heard.
(8) Länder may revise the division of their existing territory or
parts of their territory by agreement without regard to the
provisions of paragraphs (2) to (7) of this Article. Affected
municipalities and counties shall be afforded an opportunity
to be heard. The agreement shall require confirmation by
referendum in each of the Länder concerned. If the revision
affects only part of a Land’s territory, the referendum may
be confined to the areas affected; the second clause of the
fifth sentence shall not apply. In a referendum under this
paragraph a majority of the votes cast shall be decisive, provided
it amounts to at least one quarter of those entitled to
vote in Bundestag elections; details shall be regulated by a
II. The Federation and the Länder 31
II. The Federation and the Länder 32
federal law. The agreement shall require the consent of the
Bundestag.
Article 30
[Sovereign powers of the Länder]
Except as otherwise provided or permitted by this Basic
Law, the exercise of state powers and the discharge of state
functions is a matter for the Länder.
Article 31
[Supremacy of federal law]
Federal law shall take precedence over Land law.
Article 32
[Foreign relations]
(1) Relations with foreign states shall be conducted by the
Federation.
(2) Before the conclusion of a treaty affecting the special
circumstances of a Land, that Land shall be consulted in
timely fashion.
(3) Insofar as the Länder have power to legislate, they may
conclude treaties with foreign states with the consent of
the Federal Government.
Article 33
[Equal citizenship – Public service]
(1) Every German shall have in every Land the same political
rights and duties.
(2) Every German shall be equally eligible for any public office
according to his aptitude, qualifications and professional
achievements.
(3) Neither the enjoyment of civil and political rights, nor eligibility
for public office, nor rights acquired in the public
service shall be dependent upon religious affiliation. No
one may be disadvantaged by reason of adherence or nonadherence
to a particular religious denomination or philosophical
creed.
II. The Federation and the Länder 33
(4) The exercise of sovereign authority on a regular basis shall,
as a rule, be entrusted to members of the public service
who stand in a relationship of service and loyalty defined
by public law.
(5) The law governing the public service shall be regulated and
developed with due regard to the traditional principles of
the professional civil service.
Article 34
[Liability for violation of official duty]
If any person, in the exercise of a public office entrusted to
him, violates his official duty to a third party, liability shall
rest principally with the state or public body that employs
him. In the event of intentional wrongdoing or gross negligence,
the right of recourse against the individual officer
shall be preserved. The ordinary courts shall not be closed
to claims for compensation or indemnity.
Article 35
[Legal and administrative assistance and assistance
during disasters]
(1) All federal and Land authorities shall render legal and administrative
assistance to one another.
(2) In order to maintain or restore public security or order, a
Land in particularly serious cases may call upon personnel
and facilities of the Federal Border Police to assist its police
when without such assistance the police could not fulfil
their responsibilities, or could do so only with great difficulty.
In order to respond to a grave accident or a natural
disaster, a Land may call for the assistance of police forces
of other Länder or of personnel and facilities of other administrative
authorities, of the Armed Forces, or of the Federal
Border Police.
(3) If the natural disaster or accident endangers the territory of
more than one Land, the Federal Government, insofar as is
necessary to combat the danger, may instruct the Land governments
to place police forces at the disposal of other
Länder, and may deploy units of the Federal Border Police
or the Armed Forces to support the police. Measures taken
by the Federal Government pursuant to the first sentence of
this paragraph shall be rescinded at any time at the demand
of the Bundesrat, and in any event as soon as the danger is
removed.
Article 36
[Personnel of federal authorities]
(1) Civil servants employed by the highest federal authorities
shall be drawn from all Länder in appropriate proportion.
Persons employed by other federal authorities shall, as a
rule, be drawn from the Land in which they serve.
(2) Laws regarding military service shall also take into account
both the division of the Federation into Länder and the regional
loyalties of their people.
Article 37
[Federal execution]
(1) If a Land fails to comply with its obligations under this
Basic Law or other federal laws, the Federal Government,
with the consent of the Bundesrat, may take the necessary
steps to compel the Land to comply with its duties.
(2) For the purpose of implementing such coercive measures,
the Federal Government or its representative shall have the
right to issue instructions to all Länder and their authori-
ties.
II. The Federation and the Länder 34
III.
The Bundestag
35
III. The Bundestag 36
Article 38
[Elections]
(1) Members of the German Bundestag shall be elected in general,
direct, free, equal and secret elections. They shall be
representatives of the whole people, not bound by orders or
instructions, and responsible only to their conscience.
(2) Any person who has attained the age of eighteen shall be
entitled to vote; any person who has attained the age of
majority may be elected.
(3) Details shall be regulated by a federal law.
Article 39
[Electoral term – Convening]
(1) Save the following provisions, the Bundestag shall be elected
for four years. Its term shall end when a new Bundestag
convenes. New elections shall be held no sooner than fortysix
months and no later than forty-eight months after the
electoral term begins. If the Bundestag is dissolved, new
elections shall be held within sixty days.
(2) The Bundestag shall convene no later than the thirtieth day
after the elections.
(3) The Bundestag shall determine when its sessions shall be
adjourned and resumed. The President of the Bundestag
may convene it at an earlier date. He shall be obliged to do
so if one third of the Members, the Federal President or the
Federal Chancellor so demand.
Article 40
[Presidency – Rules of procedure]
(1) The Bundestag shall elect its President, Vice-Presidents and
secretaries. It shall adopt rules of procedure.
(2) The President shall exercise proprietary and police powers
in the Bundestag building. No search or seizure may take
place on the premises of the Bundestag without his permis-
sion.
III. The Bundestag 37
Article 41
[Scrutiny of elections]
(1) Scrutiny of elections shall be the responsibility of the Bundestag.
It shall also decide whether a Member has lost his
seat.
(2) Complaints against such decisions of the Bundestag may be
lodged with the Federal Constitutional Court.
(3) Details shall be regulated by a federal law.
Article 42
[Public sittings – Majority decisions]
(1) Sittings of the Bundestag shall be public. On the motion of
one tenth of its Members, or on the motion of the Federal
Government, the public may be excluded by a two-thirds
majority. The motion shall be voted upon at a sitting not
open to the public.
(2) Decisions of the Bundestag shall require a majority of the
votes cast unless this Basic Law otherwise provides. The
rules of procedure may permit exceptions with respect to
elections to be conducted by the Bundestag.
(3) Truthful reports of public sittings of the Bundestag and of
its committees shall not give rise to any liability.
Article 43
[Right to require presence, right of access
and right to be heard]
(1) The Bundestag and its committees may require the presence
of any member of the Federal Government.
(2) The members of the Bundesrat and of the Federal Government
as well as their representatives may attend all sittings
of the Bundestag and meetings of its committees. They shall
have the right to be heard at any time.
Article 44
[Committees of inquiry]
(1) The Bundestag shall have the right, and on the motion of one
quarter of its Members the duty, to establish a committee of
III. The Bundestag 38
inquiry, which shall take the requisite evidence at public
hearings. The public may be excluded.
(2) The rules of criminal procedure shall apply mutatis
mutandis to the taking of evidence. The privacy of correspondence,
posts and telecommunications shall not be
affected.
(3) Courts and administrative authorities shall be required to
provide legal and administrative assistance.
(4) The decisions of committees of inquiry shall not be subject
to judicial review. The courts shall be free to evaluate and
rule upon the facts that were the subject of the investiga-
tion.
Article 45
[Committee on the European Union]
The Bundestag shall appoint a Committee on the Affairs of
the European Union. It may authorise the committee to exercise
the rights of the Bundestag under Article 23 vis-à-vis
the Federal Government. It may also empower it to exercise
the rights granted to the Bundestag under the contractual
foundations of the European Union.
Article 45a
[Committees on Foreign Affairs and Defence]
(1) The Bundestag shall appoint a Committee on Foreign
Affairs and a Defence Committee.
(2) The Defence Committee shall also have the powers of a
committee of inquiry. On the motion of one quarter of its
members it shall have the duty to make a specific matter
the subject of inquiry.
(3) Paragraph (1) of Article 44 shall not apply to defence
matters.
Article 45b
[Parliamentary Commissioner for the Armed Forces]
A Parliamentary Commissioner for the Armed Forces shall
be appointed to safeguard basic rights and to assist the
III. The Bundestag 39
Bundestag in exercising parliamentary oversight over the
Armed Forces. Details shall be regulated by a federal law.
Article 45c
[Petitions Committee]
(1) The Bundestag shall appoint a Petitions Committee to deal
with requests and complaints addressed to the Bundestag
pursuant to Article 17.
(2) The powers of the Committee to consider complaints shall
be regulated by a federal law.
Article 45d
[Parliamentary Control Panel]
(1) The Bundestag shall appoint a panel to scrutinise the intelligence
activities of the Federation.
(2) Details shall be regulated by a federal law.
Article 46
[Immunities of Members]
(1) At no time may a Member be subjected to court proceedings
or disciplinary action or otherwise called to account
outside the Bundestag for a vote cast or for any speech or
debate in the Bundestag or in any of its committees. This
provision shall not apply to defamatory insults.
(2) A Member may not be called to account or arrested for a
punishable offence without permission of the Bundestag,
unless he is apprehended while committing the offence or
in the course of the following day.
(3) The permission of the Bundestag shall also be required for
any other restriction of a Member’s freedom of the person
or for the initiation of proceedings against a Member under
Article 18.
(4) Any criminal proceedings or any proceedings under Article
18 against a Member and any detention or other restriction
of the freedom of his person shall be suspended at the demand
of the Bundestag.
Article 47
[Right of refusal to give evidence]
Members may refuse to give evidence concerning persons
who have confided information to them in their capacity as
Members of the Bundestag, or to whom they have confided
information in this capacity, as well as evidence concerning
this information itself. To the extent that this right of
refusal to give evidence applies, no seizure of documents
shall be permissible.
Article 48
[Candidature – Protection of membership – Remuneration]
(1) Every candidate for election to the Bundestag shall be entitled
to the leave necessary for his election campaign.
(2) No one may be prevented from accepting or exercising the
office of Member of the Bundestag. No one may be given
notice of dismissal or discharged from employment on this
ground.
(3) Members shall be entitled to remuneration adequate to ensure
their independence. They shall be entitled to the free
use of all publicly owned means of transport. Details shall
be regulated by a federal law.
Article 49 (repealed)
III. The Bundestag 40
IV.
The Bundesrat
41
Article 50
[Functions]
The Länder shall participate through the Bundesrat in the
legislation and administration of the Federation and in matters
concerning the European Union.
Article 51
[Composition – Weighted voting]
(1) The Bundesrat shall consist of members of the Land governments,
which appoint and recall them. Other members
of those governments may serve as alternates.
(2) Each Land shall have at least three votes; Länder with more
than two million inhabitants shall have four, Länder with
more than six million inhabitants five, and Länder with
more than seven million inhabitants six votes.
(3) Each Land may appoint as many members as it has votes.
The votes of each Land may be cast only as a unit and only
by Members present or their alternates.
Article 52
[President – Decisions – Rules of procedure]
(1) The Bundesrat shall elect its President for one year.
(2) The President shall convene the Bundesrat. He shall be
obliged to do so if the delegates of at least two Länder or
the Federal Government so demand.
(3) Decisions of the Bundesrat shall require at least a majority
of its votes. It shall adopt rules of procedure. Its meetings
shall be open to the public. The public may be excluded.
(3a) For matters concerning the European Union the Bundesrat
may establish a Chamber for European Affairs, whose decisions
shall be considered decisions of the Bundesrat; the
number of votes to be uniformly cast by the Länder shall
be determined by paragraph (2) of Article 51.
(4) Other members or representatives of Land governments
may serve on committees of the Bundesrat.
IV. The Bundesrat 42
Article 53
[Attendance of members of the Federal Government]
The members of the Federal Government shall have the
right, and on demand the duty, to participate in meetings
of the Bundesrat and of its committees. They shall have
the right to be heard at any time. The Bundesrat shall be
kept informed by the Federal Government with regard
to the conduct of its affairs.
IV. The Bundesrat 43
IVa.
The Joint Committee
44
Article 53a
[Composition – Rules of procedure]
(1) The Joint Committee shall consist of Members of the Bundestag
and members of the Bundesrat; the Bundestag shall
provide two thirds and the Bundesrat one third of the committee
members. The Bundestag shall designate Members
in proportion to the relative strength of the various parliamentary
groups; they may not be members of the Federal
Government. Each Land shall be represented by a Bundesrat
member of its choice; these members shall not be
bound by instructions. The establishment of the Joint Committee
and its proceedings shall be regulated by rules of
procedure to be adopted by the Bundestag and requiring
the consent of the Bundesrat.
(2) The Federal Government shall inform the Joint Committee
about its plans for a state of defence. The rights of the Bundestag
and its committees under paragraph (1) of Article 43
shall not be affected by the provisions of this paragraph.
IVa. The Joint Committee 45
V.
The Federal President
46
V. The Federal President 47
Article 54
[Election – Term of office]
(1) The Federal President shall be elected by the Federal Convention
without debate. Any German who is entitled to
vote in Bundestag elections and has attained the age of forty
may be elected.
(2) The term of office of the Federal President shall be five
years. Re-election for a consecutive term shall be permitted
only once.
(3) The Federal Convention shall consist of the Members of the
Bundestag and an equal number of members elected by the
parliaments of the Länder on the basis of proportional rep-
resentation.
(4) The Federal Convention shall meet not later than thirty
days before the term of office of the Federal President expires
or, in the case of premature termination, not later than
thirty days after that date. It shall be convened by the President
of the Bundestag.
(5) After the expiration of an electoral term, the period specified
in the first sentence of paragraph (4) of this Article
shall begin when the Bundestag first convenes.
(6) The person receiving the votes of a majority of the members
of the Federal Convention shall be elected. If after two ballots
no candidate has obtained such a majority, the person
who receives the largest number of votes on the next ballot
shall be elected.
(7) Details shall be regulated by a federal law.
Article 55
[Incompatibilities]
(1) The Federal President may not be a member of the government
or of a legislative body of the Federation or of a Land.
(2) The Federal President may not hold any other salaried office,
or engage in any trade or profession, or belong to the
management or supervisory board of any enterprise conducted
for profit.
V. The Federal President 48
Article 56
[Oath of office]
On assuming his office, the Federal President shall take the
following oath before the assembled Members of the Bundestag
and the Bundesrat: “I swear that I will dedicate my
efforts to the well-being of the German people, promote their
welfare, protect them from harm, uphold and defend the Basic
Law and the laws of the Federation, perform my duties
conscientiously, and do justice to all. So help me God.” The
oath may also be taken without religious affirmation.
Article 57
[Substitution]
If the Federal President is unable to perform his duties, or
if his office falls prematurely vacant, the President of the
Bundesrat shall exercise his powers.
Article 58
[Countersignature]
Orders and directions of the Federal President shall require
for their validity the countersignature of the Federal Chancellor
or of the competent Federal Minister. This provision
shall not apply to the appointment or dismissal of the Federal
Chancellor, the dissolution of the Bundestag under Article
63, or a request made under paragraph (3) of Article 69.
Article 59
[Representation of the Federation for the purposes
of international law]
(1) The Federal President shall represent the Federation for the
purposes of international law. He shall conclude treaties
with foreign states on behalf of the Federation. He shall accredit
and receive envoys.
(2) Treaties that regulate the political relations of the Federation
or relate to subjects of federal legislation shall require
the consent or participation, in the form of a federal law, of
the bodies responsible in such a case for the enactment of
V. The Federal President 49
federal law. In the case of executive agreements the provisions
concerning the federal administration shall apply mutatis
mutandis.
Article 59a (repealed)
Article 60
[Appointment of civil servants – Pardon – Immunity]
(1) The Federal President shall appoint and dismiss federal
judges, federal civil servants, and commissioned and noncommissioned
officers of the Armed Forces, except as may
otherwise be provided by a law.
(2) He shall exercise the power to pardon individual offenders
on behalf of the Federation.
(3) He may delegate these powers to other authorities.
(4) Paragraphs (2) to (4) of Article 46 shall apply to the Federal
President mutatis mutandis.
Article 61
[Impeachment before the Federal Constitutional Court]
(1) The Bundestag or the Bundesrat may impeach the Federal
President before the Federal Constitutional Court for wilful
violation of this Basic Law or of any other federal law. The
motion of impeachment must be supported by at least one
quarter of the Members of the Bundestag or one quarter of
the votes of the Bundesrat. The decision to impeach shall
require a majority of two thirds of the Members of the Bundestag
or of two thirds of the votes of the Bundesrat. The
case for impeachment shall be presented before the Federal
Constitutional Court by a person commissioned by the impeaching
body.
(2) If the Federal Constitutional Court finds the Federal President
guilty of a wilful violation of this Basic Law or of any
other federal law, it may declare that he has forfeited his
office. After the Federal President has been impeached,
the Court may issue an interim order preventing him from
exercising his functions.
VI.
The Federal Government
50
Article 62
[Composition]
The Federal Government shall consist of the Federal Chancellor
and the Federal Ministers.
Article 63
[Election of the Federal Chancellor]
(1) The Federal Chancellor shall be elected by the Bundestag
without debate on the proposal of the Federal President.
(2) The person who receives the votes of a majority of the Members
of the Bundestag shall be elected. The person elected
shall be appointed by the Federal President.
(3) If the person proposed by the Federal President is not elected,
the Bundestag may elect a Federal Chancellor within
fourteen days after the ballot by the votes of more than one
half of its Members.
(4) If no Federal Chancellor is elected within this period, a
new election shall take place without delay, in which the
person who receives the largest number of votes shall be
elected. If the person elected receives the votes of a majority
of the Members of the Bundestag, the Federal President
must appoint him within seven days after the election. If
the person elected does not receive such a majority, then
within seven days the Federal President shall either appoint
him or dissolve the Bundestag.
Article 64
[Appointment and dismissal of Federal Ministers –
Oath of office]
(1) Federal Ministers shall be appointed and dismissed by the
Federal President upon the proposal of the Federal Chan-
cellor.
(2) On taking office the Federal Chancellor and the Federal
Ministers shall take the oath provided for in Article 56 before
the Bundestag.
VI. The Federal Government 51
VI. The Federal Government 52
Article 65
[Power to determine policy guidelines –
Department and collegiate responsibility]
The Federal Chancellor shall determine and be responsible
for the general guidelines of policy. Within these limits each
Federal Minister shall conduct the affairs of his department
independently and on his own responsibility. The Federal
Government shall resolve differences of opinion between
Federal Ministers. The Federal Chancellor shall conduct
the proceedings of the Federal Government in accordance
with rules of procedure adopted by the Government and
approved by the Federal President.
Article 65a
[Command of the Armed Forces]
(1) Command of the Armed Forces shall be vested in the Federal
Minister of Defence.
(2) (repealed)
Article 66
[Incompatibilities]
Neither the Federal Chancellor nor a Federal Minister may
hold any other salaried office, or engage in any trade or profession,
or belong to the management or, without the consent
of the Bundestag, to the supervisory board of an enterprise
conducted for profit.
Article 67
[Vote of no confidence]
(1) The Bundestag may express its lack of confidence in the
Federal Chancellor only by electing a successor by the vote
of a majority of its Members and requesting the Federal President
to dismiss the Federal Chancellor. The Federal President
must comply with the request and appoint the person
elected.
(2) Forty-eight hours shall elapse between the motion and the
election.
VI. The Federal Government 53
Article 68
[Vote of confidence]
(1) If a motion of the Federal Chancellor for a vote of confidence
is not supported by the majority of the Members of
the Bundestag, the Federal President, upon the proposal of
the Federal Chancellor, may dissolve the Bundestag within
twenty-one days. The right of dissolution shall lapse as
soon as the Bundestag elects another Federal Chancellor by
the vote of a majority of its Members.
(2) Forty-eight hours shall elapse between the motion and the
vote.
Article 69
[Deputy Federal Chancellor – Term of office]
(1) The Federal Chancellor shall appoint a Federal Minister as
his deputy.
(2) The tenure of office of the Federal Chancellor or of a Federal
Minister shall end in any event when a new Bundestag
convenes; the tenure of office of a Federal Minister shall
also end on any other occasion on which the Federal Chancellor
ceases to hold office.
(3) At the request of the Federal President the Federal Chancellor,
or at the request of the Federal Chancellor or of the Federal
President a Federal Minister, shall be obliged to continue
to manage the affairs of his office until a successor is ap-
pointed.
VII.
Federal Legislation and
Legislative Procedures
54
VII. Federal Legislation and Legislative Procedures 55
Article 70
[Division of powers between the Federation
and the Länder]
(1) The Länder shall have the right to legislate insofar as this Basic
Law does not confer legislative power on the Federation.
(2) The division of authority between the Federation and the
Länder shall be governed by the provisions of this Basic Law
concerning exclusive and concurrent legislative powers.
Article 71
[Exclusive legislative power of the Federation]
On matters within the exclusive legislative power of the
Federation, the Länder shall have power to legislate only
when and to the extent that they are expressly authorised
to do so by a federal law.
Article 72
[Concurrent legislative powers]
(1) On matters within the concurrent legislative power, the
Länder shall have power to legislate so long as and to the
extent that the Federation has not exercised its legislative
power by enacting a law.
(2) The Federation shall have the right to legislate on matters
falling within clauses 4, 7, 11, 13, 15, 19a, 20, 22, 25 and 26
of paragraph (1) of Article 74, if and to the extent that the
establishment of equivalent living conditions throughout
the federal territory or the maintenance of legal or economic
unity renders federal regulation necessary in the national
interest.
(3) If the Federation has made use of its power to legislate, the
Länder may enact laws at variance with this legislation
with respect to:
1. hunting (except for the law on hunting licenses);
2. protection of nature and landscape management (except
for the general principles governing the protection of
nature, the law on protection of plant and animal species
or the law on protection of marine life);
VII. Federal Legislation and Legislative Procedures 56
3. land distribution;
4. regional planning;
5. management of water resources (except for regulations
related to materials or facilities);
6. admission to institutions of higher education and requirements
for graduation in such institutions.
Federal laws on these matters shall enter into force no earlier
than six months following their promulgation unless otherwise
provided with the consent of the Bundesrat. As for
the relationship between federal law and law of the Länder,
the latest law enacted shall take precedence with respect to
matters within the scope of the first sentence.
(4) A federal law may provide that federal legislation that is no
longer necessary within the meaning of paragraph (2) of
this Article may be superseded by Land law.
Article 73
[Matters under exclusive legislative power
of the Federation]
(1) The Federation shall have exclusive legislative power with
respect to:
1. foreign affairs and defence, including protection of the
civilian population;
2. citizenship in the Federation;
3. freedom of movement, passports, residency registration
and identity cards, immigration, emigration and extra-
dition;
4. currency, money and coinage, weights and measures,
and the determination of standards of time;
5. the unity of the customs and trading area, treaties
regarding commerce and navigation, the free movement
of goods, and the exchange of goods and payments
with foreign countries, including customs and border
protection;
5a. safeguarding German cultural assets against removal
from the country;
6. air transport;
VII. Federal Legislation and Legislative Procedures 57
6a. the operation of railways wholly or predominantly
owned by the Federation (federal railways), the
construction, maintenance and operation of railroad
lines belonging to federal railways, and the levying
of charges for the use of these lines;
7. postal and telecommunications services;
8. the legal relations of persons employed by the Federation
and by federal corporations under public law;
9. industrial property rights, copyrights and publishing;
9a. protection by the Federal Criminal Police Office against
the dangers of international terrorism when a threat
transcends the boundary of one Land, when the jurisdiction
of a Land’s police authorities cannot be perceived,
or when the supreme authority of an individual
Land requests the assumption of federal responsibility;
10. cooperation between the Federation and the Länder
concerning
a) criminal police work,
b) protection of the free democratic basic order,
existence and security of the Federation or of a Land
(protection of the constitution), and
c) protection against activities within the federal
territory which, by the use of force or preparations
for the use of force, endanger the external interests
of the Federal Republic of Germany,
as well as the establishment of a Federal Criminal
Police Office and international action to combat crime;
11. statistics for federal purposes;
12. the law on weapons and explosives;
13. benefits for persons disabled by war and for dependents
of deceased war victims as well as assistance to former
prisoners of war;
14. the production and utilisation of nuclear energy for peaceful
purposes, the construction and operation of facilities
serving such purposes, protection against hazards arising
from the release of nuclear energy or from ionising radiation,
and the disposal of radioactive substances.
VII. Federal Legislation and Legislative Procedures 58
(2) Laws enacted pursuant to clause 9a of paragraph (1) require
the consent of the Bundesrat.
Article 74
[Matters under concurrent legislative powers]
(1) Concurrent legislative power shall extend to the following
matters:
1. civil law, criminal law, court organisation and procedure
(except for the correctional law of pretrial detention),
the legal profession, notaries, and the provision
of legal advice;
2. registration of births, deaths and marriages;
3. the law of association;
4. the law relating to residence and establishment of
foreign nationals;
4a. (repealed)
5. (repealed)
6. matters concerning refugees and expellees;
7. public welfare (except for the law on social care homes);
8. (repealed)
9. war damage and reparations;
10. war graves and graves of other victims of war or despo-
tism;
11. the law relating to economic matters (mining, industry,
energy, crafts, trades, commerce, banking, stock exchanges
and private insurance), except for the law on shop
closing hours, restaurants, game halls, display of individual
persons, trade fairs, exhibitions and markets;
11a. (repealed)
12. labour law, including the organisation of enterprises,
occupational health and safety, and employment agencies,
as well as social security, including unemployment
insurance;
13. the regulation of educational and training grants and
the promotion of research;
14. the law regarding expropriation, to the extent relevant
to matters enumerated in Articles 73 and 74;
VII. Federal Legislation and Legislative Procedures 59
15. the transfer of land, natural resources, and means of
production to public ownership or other forms of public
enterprise;
16. prevention of the abuse of economic power;
17. the promotion of agricultural production and forestry
(except for the law on land consolidation), ensuring the
adequacy of food supply, the importation and exportation
of agricultural and forestry products, deep-sea and
coastal fishing, and preservation of the coasts;
18. urban real estate transactions, land law (except for laws
regarding development fees), and the law on rental subsidies,
subsidies for old debts, home building loan premiums,
miners’ homebuilding and homesteading;
19. measures to combat human and animal diseases which
pose a danger to the public or are communicable, admission
to the medical profession and to ancillary professions
or occupations, as well as the law on pharmacies,
medicines, medical products, drugs, narcotics and
poisons;
19a. the economic viability of hospitals and the regulation
of hospital charges;
20. the law on food products including animals used in
their production, the law on alcohol and tobacco, essential
commodities and feedstuffs as well as protective
measures in connection with the marketing of agricultural
and forest seeds and seedlings, the protection of
plants against diseases and pests, as well as the protection
of animals;
21. maritime and coastal shipping, as well as navigational
aids, inland navigation, meteorological services, sea
routes, and inland waterways used for general traffic;
22. road traffic, motor transport, construction and maintenance
of long-distance highways, as well as the collection
of tolls for the use of public highways by vehicles
and the allocation of the revenue;
23. non-federal railways, except mountain railways;
VII. Federal Legislation and Legislative Procedures 60
24. waste disposal, air pollution control, and noise abatement
(except for the protection from noise associated
with human activity);
25. state liability;
26. medically assisted generation of human life, analysis
and modification of genetic information as well as the
regulation of organ, tissue and cell transplantation;
27. the statutory rights and duties of civil servants of the
Länder, the municipalities and other corporations of
public law as well as of the judges in the Länder, except
for their career regulations, remuneration and pensions;
28. hunting;
29. protection of nature and landscape management;
30. land distribution;
31. regional planning;
32. management of water resources;
33. admission to institutions of higher education and requirements
for graduation in such institutions.
(2) Laws enacted pursuant to clauses 25 and 27 of paragraph
(1) shall require the consent of the Bundesrat.
Article 74a (repealed)
Article 75 (repealed)
Article 76
[Bills]
(1) Bills may be introduced in the Bundestag by the Federal
Government, by the Bundesrat, or from the floor of the Bun-
destag.
(2) Federal Government bills shall first be submitted to the
Bundesrat. The Bundesrat shall be entitled to comment on
such bills within six weeks. If for important reasons, especially
with respect to the scope of the bill, the Bundesrat
demands an extension, the period shall be increased to nine
weeks. If in exceptional circumstances the Federal Government
on submitting a bill to the Bundesrat declares it to be
VII. Federal Legislation and Legislative Procedures 61
particularly urgent, it may submit the bill to the Bundestag
after three weeks or, if the Bundesrat has demanded an extension
pursuant to the third sentence of this paragraph,
after six weeks, even if it has not yet received the Bundesrat’s
comments; upon receiving such comments, it shall
transmit them to the Bundestag without delay. In the case
of bills to amend this Basic Law or to transfer sovereign
powers pursuant to Article 23 or 24 the comment period
shall be nine weeks; the fourth sentence of this paragraph
shall not apply.
(3) Bundesrat bills shall be submitted to the Bundestag by the
Federal Government within six weeks. In submitting them
the Federal Government shall state its own views. If for important
reasons, especially with respect to the scope of the
bill, the Federal Government demands an extension, the
period shall be increased to nine weeks. If in exceptional
circumstances the Bundesrat declares a bill to be particularly
urgent, the period shall be three weeks or, if the Federal
Government has demanded an extension pursuant to the
third sentence of this paragraph, six weeks. In the case of
bills to amend this Basic Law or to transfer sovereign powers
pursuant to Article 23 or 24 the comment period shall
be nine weeks; the fourth sentence of this paragraph shall
not apply. The Bundestag shall consider and vote on bills
within a reasonable time.
Article 77
[Legislative procedure – Mediation Committee]
(1) Federal laws shall be adopted by the Bundestag. After their
adoption the President of the Bundestag shall submit them
to the Bundesrat without delay.
(2) Within three weeks after receiving an adopted bill, the Bundesrat
may demand that a committee for joint consideration
of bills, composed of Members of the Bundestag and of the
Bundesrat, be convened. The composition and proceedings
of this committee shall be regulated by rules of procedure
adopted by the Bundestag and requiring the consent of the
VII. Federal Legislation and Legislative Procedures 62
Bundesrat. The members of the Bundesrat on this committee
shall not be bound by instructions. When the consent of
the Bundesrat is required for a bill to become law, the Bundestag
and the Federal Government may likewise demand
that such a committee be convened. Should the committee
propose any amendment to the adopted bill, the Bundestag
shall vote on it a second time.
(2a) Insofar as its consent is required for a bill to become law,
the Bundesrat, if no request has been made pursuant to the
first sentence of paragraph (2) of this Article or if the mediation
proceeding has been completed without a proposal to
amend the bill, shall vote on the bill within a reasonable
time.
(3) Insofar as its consent is not required for a bill to become
law, the Bundesrat, once proceedings under paragraph (2)
of this Article are completed, may within two weeks object
to a bill adopted by the Bundestag. The time for objection
shall begin, in the case described in the last sentence of
paragraph (2) of this Article, upon receipt of the bill as readopted
by the Bundestag, and in all other cases upon receipt
of a communication from the chairman of the committee
provided for in paragraph (2) of this Article to the effect
that the committee’s proceedings have been concluded.
(4) If the objection is adopted by the 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 Bundesrat
adopted the objection by a majority of at least two thirds of
its votes, its rejection by the Bundestag shall require a twothirds
majority, including at least a majority of the Members
of the Bundestag.
VII. Federal Legislation and Legislative Procedures 63
Article 78
[Passage of federal laws]
A bill adopted by the Bundestag shall become law if the
Bundesrat consents to it, or fails to make a demand pursuant
to paragraph (2) of Article 77, or fails to enter an objection
within the period stipulated in paragraph (3) of Article
77, or withdraws such an objection, or if the objection is
overridden by the Bundestag.
Article 79
[Amendment of the Basic Law]
(1) This Basic Law may be amended only by a law expressly
amending or supplementing its text. In the case of an international
treaty regarding a peace settlement, the preparation
of a peace settlement, or the phasing out of an occupation
regime, or designed to promote the defence of the
Federal Republic, it shall be sufficient, for the purpose of
making clear that the provisions of this Basic Law do not
preclude the conclusion and entry into force of the treaty,
to add language to the Basic Law that merely makes this
clarification.
(2) Any such law shall be carried by two thirds of the Members
of the Bundestag and two thirds of the votes of the
Bundesrat.
(3) Amendments to this Basic Law affecting the division of
the Federation into Länder, their participation on principle
in the legislative process, or the principles laid down in
Articles 1 and 20 shall be inadmissible.
Article 80
[Issuance of statutory instruments]
(1) The Federal Government, a Federal Minister or the Land
governments may be authorised by a law to issue statutory
instruments. The content, purpose and scope of the authority
conferred shall be specified in the law. Each statutory
instrument shall contain a statement of its legal basis.
If the law provides that such authority may be further
VII. Federal Legislation and Legislative Procedures 64
delegated, such subdelegation shall be effected by statutory
instrument.
(2) Unless a federal law otherwise provides, the consent of
the Bundesrat shall be required for statutory instruments
issued by the Federal Government or a Federal Minister
regarding fees or basic principles for the use of postal and
telecommunication facilities, basic principles for levying
of charges for the use of facilities of federal railways, or
the construction and operation of railways, as well as for
statutory instruments issued pursuant to federal laws that
require the consent of the Bundesrat or that are executed
by the Länder on federal commission or in their own right.
(3) The Bundesrat may submit to the Federal Government
drafts of statutory instruments that require its consent.
(4) Insofar as Land governments are authorised by or pursuant
to federal laws to issue statutory instruments, the Länder
shall also be entitled to regulate the matter by a law.
Article 80a
[State of tension]
(1) If this Basic Law or a federal law regarding defence, including
protection of the civilian population, provides that legal
provisions may be applied only in accordance with this Article,
their application, except when a state of defence has
been declared, shall be permissible only after the Bundestag
has determined that a state of tension exists or has specifically
approved such application. The determination of a
state of tension and specific approval in the cases mentioned
in the first sentence of paragraph (5) and the second
sentence of paragraph (6) of Article 12a shall require a twothirds
majority of the votes cast.
(2) Any measures taken pursuant to legal provisions by virtue
of paragraph (1) of this Article shall be rescinded whenever
the Bundestag so demands.
(3) Notwithstanding paragraph (1) of this Article, the application
of such legal provisions shall also be permissible on
the basis of and in accordance with a decision made by an
VII. Federal Legislation and Legislative Procedures 65
international body within the framework of a treaty of alliance
with the approval of the Federal Government. Any
measures taken pursuant to this paragraph shall be rescinded
whenever the Bundestag, by the vote of a majority of its
Members, so demands.
Article 81
[Legislative emergency]
(1) If, in the circumstances described in Article 68, the Bundestag
is not dissolved, the Federal President, at the request
of the Federal Government and with the consent of the Bundesrat,
may declare a state of legislative emergency with
respect to a bill, if the Bundestag rejects the bill although
the Federal Government has declared it to be urgent. The
same shall apply if a bill has been rejected although the
Federal Chancellor had combined it with a motion under
Article 68.
(2) If, after a state of legislative emergency has been declared,
the Bundestag again rejects the bill or adopts it in a version
the Federal Government declares unacceptable, the bill
shall be deemed to have become law to the extent that it receives
the consent of the Bundesrat. The same shall apply if
the Bundestag does not pass the bill within four weeks after
it is reintroduced.
(3) During the term of office of a Federal Chancellor, any other
bill rejected by the Bundestag may become law in accordance
with paragraphs (1) and (2) of this Article within a
period of six months after the first declaration of a state of
legislative emergency. After the expiration of this period,
no further declaration of a state of legislative emergency
may be made during the term of office of the same Federal
Chancellor.
(4) This Basic Law may neither be amended nor abrogated nor
suspended in whole or in part by a law enacted pursuant to
paragraph (2) of this Article.
Article 82
[Certification – Promulgation – Entry into force]
(1) Laws enacted in accordance with the provisions of this
Basic Law shall, after countersignature, be certified by the
Federal President and promulgated in the Federal Law
Gazette. Statutory instruments shall be certified by the
agency that issues them and, unless a law otherwise provides,
shall be promulgated in the Federal Law Gazette.
(2) Every law or statutory instrument shall specify the date
on which it shall take effect. In the absence of such a
provision, it shall take effect on the fourteenth day after
the day on which the Federal Law Gazette containing it
was published.
VII. Federal Legislation and Legislative Procedures 66
VIII.
The Execution of Federal Laws and
the Federal Administration
67
VIII. The Execution of Federal Laws and the Federal Administration 68
Article 83
[Execution by the Länder]
The Länder shall execute federal laws in their own right
insofar as this Basic Law does not otherwise provide or
permit.
Article 84
[Länder administration – Federal oversight]
(1) Where the Länder execute federal laws in their own right,
they shall provide for the establishment of the requisite authorities
and regulate their administrative procedures. If
federal laws provide otherwise, the Länder may enact deviating
regulations. If a Land has enacted a law pursuant to
the second sentence, subsequent federal laws regulating the
organisation of authorities and their administrative procedure
shall not be enacted until at least six months after
their promulgation, provided that no other determination
has been made with the consent of the Bundesrat. The third
sentence of paragraph (2) of Article 72 shall apply accordingly.
In exceptional cases, owing to a special need for uniform
federal legislation, the Federation may regulate the administrative
procedure with no possibility of separate Land
legislation. Such laws shall require the consent of the Bundesrat.
Federal laws may not entrust municipalities and associations
of municipalities with any tasks.
(2) The Federal Government, with the consent of the Bundesrat,
may issue general administrative rules.
(3) The Federal Government shall exercise oversight to ensure
that the Länder execute federal laws in accordance with the
law. For this purpose the Federal Government may send
commissioners to the highest Land authorities and, with
their consent or, where such consent is refused, with the
consent of the Bundesrat, also to subordinate authorities.
(4) Should any deficiencies that the Federal Government has
identified in the execution of federal laws in the Länder not
be corrected, the Bundesrat, on application of the Federal
Government or of the Land concerned, shall decide whether
VIII. The Execution of Federal Laws and the Federal Administration 69
that Land has violated the law. The decision of the Bundesrat
may be challenged in the Federal Constitutional
Court.
(5) With a view to the execution of federal laws, the Federal
Government may be authorised by a federal law requiring
the consent of the Bundesrat to issue instructions in particular
cases. They shall be addressed to the highest Land authorities
unless the Federal Government considers the matter
urgent.
Article 85
[Execution by the Länder on federal commission]
(1) Where the Länder execute federal laws on federal commission,
establishment of the authorities shall remain the concern
of the Länder, except insofar as federal laws enacted
with the consent of the Bundesrat otherwise provide. Federal
laws may not entrust municipalities and associations
of municipalities with any tasks.
(2) The Federal Government, with the consent of the Bundesrat,
may issue general administrative rules. It may provide
for the uniform training of civil servants and other salaried
public employees. The heads of intermediate authorities
shall be appointed with its approval.
(3) The Land authorities shall be subject to instructions from
the competent highest federal authorities. Such instructions
shall be addressed to the highest Land authorities unless
the Federal Government considers the matter urgent. Implementation
of the instructions shall be ensured by the highest
Land authorities.
(4) Federal oversight shall extend to the legality and appropriateness
of execution. For this purpose the Federal Government
may require the submission of reports and documents
and send commissioners to all authorities.
VIII. The Execution of Federal Laws and the Federal Administration 70
Article 86
[Federal administration]
Where the Federation executes laws through its own administrative
authorities or through federal corporations or
institutions established under public law, the Federal Government
shall, insofar as the law in question contains no
special provision, issue general administrative rules. The
Federal Government shall provide for the establishment of
the authorities insofar as the law in question does not otherwise
provide.
Article 87
[Matters]
(1) The foreign service, the federal financial administration,
and, in accordance with the provisions of Article 89, the
administration of federal waterways and shipping shall be
conducted by federal administrative authorities with their
own administrative substructures. A federal law may establish
Federal Border Police authorities and central offices for
police information and communications, for the criminal
police, and for the compilation of data for purposes of protection
of the constitution and of protection against activities
within the federal territory which, through the use of
force or acts preparatory to the use of force, endanger the
external interests of the Federal Republic of Germany.
(2) Social insurance institutions whose jurisdiction extends beyond
the territory of a single Land shall be administered as
federal corporations under public law. Social insurance institutions
whose jurisdiction extends beyond the territory
of a single Land but not beyond that of three Länder shall,
notwithstanding the first sentence of this paragraph, be administered
as Land corporations under public law, if the
Länder concerned have specified which Land shall exercise
supervisory authority.
(3) In addition, autonomous federal higher authorities as well
as new federal corporations and institutions under public
law may be established by a federal law for matters on
VIII. The Execution of Federal Laws and the Federal Administration 71
which the Federation has legislative power. When the Federation
is confronted with new responsibilities with respect
to matters on which it has legislative power, federal authorities
at intermediate and lower levels may be established,
with the consent of the Bundesrat and of a majority of the
Members of the Bundestag, in cases of urgent need.
Article 87a
[Armed Forces]
(1) The Federation shall establish Armed Forces for purposes
of defence. Their numerical strength and general organisational
structure must be shown in the budget.
(2) Apart from defence, the Armed Forces may be employed
only to the extent expressly permitted by this Basic Law.
(3) During a state of defence or a state of tension the Armed
Forces shall have the power to protect civilian property and
to perform traffic control functions to the extent necessary
to accomplish their defence mission. Moreover, during a
state of defence or a state of tension, the Armed Forces may
also be authorised to support police measures for the protection
of civilian property; in this event the Armed Forces
shall cooperate with the competent authorities.
(4) In order to avert an imminent danger to the existence or
free democratic basic order of the Federation or of a Land,
the Federal Government, if the conditions referred to in
paragraph (2) of Article 91 obtain and the police forces and
the Federal Border Police prove inadequate, may employ
the Armed Forces to support the police and the Federal
Border Police in protecting civilian property and in combating
organised armed insurgents. Any such employment
of the Armed Forces shall be discontinued if the Bundestag
or the Bundesrat so demands.
Article 87b
[Federal Defence Administration]
(1) The Federal Defence Administration shall be conducted as a
federal administrative authority with its own administrative
VIII. The Execution of Federal Laws and the Federal Administration 72
substructure. It shall have jurisdiction for personnel matters
and direct responsibility for satisfaction of the procurement
needs of the Armed Forces. Responsibilities connected
with pensions for injured persons or with construction
work may be assigned to the Federal Defence Administration
only by a federal law requiring the consent of the
Bundesrat. Such consent shall also be required for any
laws to the extent that they empower the Federal Defence
Administration to interfere with rights of third parties; this
requirement, however, shall not apply in the case of laws
regarding personnel matters.
(2) In addition, federal laws concerning defence, including recruitment
for military service and protection of the civilian
population, may, with the consent of the Bundesrat, provide
that they shall be executed, wholly or in part, either by
federal administrative authorities with their own administrative
substructures or by the Länder on federal commission.
If such laws are executed by the Länder on federal
commission, they may, with the consent of the Bundesrat,
provide that the powers vested in the Federal Government
or in the competent highest federal authorities pursuant to
Article 85 be transferred wholly or in part to federal higher
authorities; in this event the law may provide that such authorities
shall not require the consent of the Bundesrat in
issuing general administrative rules pursuant to the first
sentence of paragraph (2) of Article 85.
Article 87c
[Production and utilisation of nuclear energy]
Laws enacted under clause 14 of paragraph (1) of Article 73
may, with the consent of the Bundesrat, provide that they
shall be executed by the Länder on federal commission.
Article 87d
[Air transport administration]
(1) Air transport administration shall be conducted by federal
authorities. Responsibilities for air security may also be
VIII. The Execution of Federal Laws and the Federal Administration 73
discharged by foreign air security organisations recognised
under the law of the European Community. Details shall
be regulated by a federal law.
(2) By a federal law requiring the consent of the Bundesrat,
responsibilities for air transport administration may be
delegated to the Länder acting on federal commission.
Article 87e
[Rail transport administration]
(1) Rail transport with respect to federal railways shall be administered
by federal authorities. Responsibilities for rail
transport administration may be delegated by a federal law
to the Länder acting in their own right.
(2) The Federation shall discharge rail transport administration
responsibilities assigned to it by a federal law, above and
beyond those regarding federal railways.
(3) Federal railways shall be operated as enterprises under private
law. They shall remain the property of the Federation
to the extent that their activities embrace the construction,
maintenance and operation of the tracks. The transfer of
federal shares in these enterprises under the second sentence
of this paragraph shall be effected pursuant to a law;
the Federation shall retain a majority of the shares. Details
shall be regulated by a federal law.
(4) The Federation shall ensure that in developing and maintaining
the federal railway system as well as in offering
services over this system, other than local passenger services,
due account is taken of the interests and especially
the transportation needs of the public. Details shall be
regulated by a federal law.
(5) Laws enacted pursuant to paragraphs (1) to (4) of this Article
shall require the consent of the Bundesrat. The consent
of the Bundesrat shall also be required for laws regarding
the dissolution, merger or division of federal railway enterprises,
the transfer of tracks of federal railways to third parties,
or the abandonment of such tracks, or affecting local
passenger services.
VIII. The Execution of Federal Laws and the Federal Administration 74
Article 87f
[Posts and telecommunications]
(1) In accordance with a federal law requiring the consent of
the Bundesrat, the Federation shall ensure the availability
of adequate and appropriate postal and telecommunications
services throughout the federal territory.
(2) Services within the meaning of paragraph (1) of this Article
shall be provided as a matter of private enterprise by the
firms succeeding to the special trust Deutsche Bundespost
and by other private providers. Sovereign functions in the
area of posts and telecommunications shall be discharged
by federal administrative authorities.
(3) Notwithstanding the second sentence of paragraph (2) of
this Article, the Federation, by means of a federal institution
under public law, shall discharge particular responsibilities
relating to the firms succeeding to the special trust
Deutsche Bundespost as prescribed by a federal law.
Article 88
[The Federal Bank – The European Central Bank]
The Federation shall establish a note-issuing and currency
bank as the Federal Bank. Within the framework of the European
Union, its responsibilities and powers may be transferred
to the European Central Bank, which is independent
and committed to the overriding goal of assuring price sta-
bility.
Article 89
[Federal waterways – Administration of waterways]
(1) The Federation shall be the owner of the former Reich wa-
terways.
(2) The Federation shall administer the federal waterways
through its own authorities. It shall exercise those state
functions relating to inland shipping which extend beyond
the territory of a single Land, and those functions relating
to maritime shipping, which are conferred on it by a law.
VIII. The Execution of Federal Laws and the Federal Administration 75
Insofar as federal waterways lie within the territory of a
single Land, the Federation on its application may delegate
their administration to that Land on federal commission.
If a waterway touches the territory of several Länder, the
Federation may commission that Land which is designated
by the affected Länder.
(3) In the administration, development and new construction
of waterways, the requirements of land improvement and
of water management shall be assured in agreement with
the Länder.
Article 90
[Federal highways]
(1) The Federation shall be the owner of the former Reich motorways
and highways.
(2) The Länder, or such self-governing corporate bodies as are
competent under Land law, shall administer the federal motorways
and other federal highways used by long-distance
traffic on federal commission.
(3) On application of a Land, the Federation may assume the
administration of federal motorways and other federal highways
used by long-distance traffic insofar as they lie within
the territory of that Land.
Article 91
[Internal emergency]
(1) In order to avert an imminent danger to the existence or
free democratic basic order of the Federation or of a Land, a
Land may call upon police forces of other Länder, or upon
personnel and facilities of other administrative authorities
and of the Federal Border Police.
(2) If the Land where such danger is imminent is not itself willing
or able to combat the danger, the Federal Government
may place the police in that Land and the police forces of
other Länder under its own orders and deploy units of the
Federal Border Police. Any such order shall be rescinded
once the danger is removed, or at any time on the demand
VIII. The Execution of Federal Laws and the Federal Administration 76
of the Bundesrat. If the danger extends beyond the territory
of a single Land, the Federal Government, insofar as is necessary
to combat such danger, may issue instructions to the
Land governments; the first and second sentences of this
paragraph shall not be affected by this provision.
VIIIa.
Joint Tasks
77
VIIIa. Joint Tasks 78
Article 91a
[Joint tasks – Responsibility for expenditure]
(1) In the following areas the Federation shall participate in
the discharge of responsibilities of the Länder, provided
that such responsibilities are important to society as a
whole and that federal participation is necessary for the
improvement of living conditions (joint tasks):
1. improvement of regional economic structures;
2. improvement of the agrarian structure and of coastal
preservation.
(2) Federal laws enacted with the consent of the Bundesrat
shall specify the joint tasks as well as the details of coordi-
nation.
(3) In cases to which clause 1 of paragraph (1) of this Article
applies, the Federation shall finance one half of the expenditure
in each Land. In cases to which clause 2 of paragraph
(1) of this Article applies, the Federation shall finance at
least one half of the expenditure, and the proportion shall
be the same for all Länder. Details shall be regulated by law.
The provision of funds shall be subject to appropriation in
the budgets of the Federation and the Länder.
(4) (repealed)
(5) (repealed)
Article 91b
[Education programmes and promotion of research]
(1) The Federation and the Länder may mutually agree to cooperate
in cases of supraregional importance in the promotion
of:
1. research facilities and projects apart from institutions of
higher education;
2. scientific projects and research at institutions of higher
education;
3. construction of facilities at institutions of higher education,
including large scientific installations.
Agreements under clause 2 of paragraph (1) shall require
the consent of all the Länder.
VIIIa. Joint Tasks 79
(2) The Federation and the Länder may mutually agree to cooperate
for the assessment of the performance of educational
systems in international comparison and in drafting relevant
reports and recommendations.
(3) The apportionment of costs shall be regulated in the pertinent
agreement.
Article 91c
[Information technology systems]
(1) The Federation and the Länder may cooperate in planning,
constructing, and operating information technology systems
needed to discharge their responsibilities.
(2) The Federation and the Länder may agree to specify the
standards and security requirements necessary for exchanges
between their information technology systems. Agreements
regarding the bases of cooperation under the first
sentence may provide, for individual responsibilities determined
by their content and scope, that detailed regulations
be enacted with the consent of a qualified majority of the
Federation and the Länder as laid down in the agreements.
They require the consent of the Bundestag and the legislatures
of the participating Länder; the right to withdraw
from these agreements cannot be precluded. The agreements
shall also regulate the sharing of costs.
(3) The Länder may also agree on the joint operation of information
technology systems along with the establishment of
installations for that purpose.
(4) For linking the information networks of the Federation and
the Länder, the Federation shall establish a connecting network.
Details regarding the establishment and the operation
of the connecting network shall be regulated by a federal
law with the consent of the Bundesrat.
VIIIa. Joint Tasks 80
Article 91d
[Comparison of performance]
With a view to ascertaining and improving the performance
of their administrations, the Federation and the Länder
may conduct comparative studies and publish the results
thereof.
IX.
The Judiciary
81
IX. The Judiciary 82
Article 92
[Court organisation]
The judicial power shall be vested in the judges; it shall be
exercised by the Federal Constitutional Court, by the federal
courts provided for in this Basic Law, and by the courts
of the Länder.
Article 93
[Jurisdiction of the Federal Constitutional Court]
(1) The Federal Constitutional Court shall rule:
1. on the interpretation of this Basic Law in the event of
disputes concerning the extent of the rights and duties
of a supreme federal body or of other parties vested
with rights of their own by this Basic Law or by the
rules of procedure of a supreme federal body;
2. in the event of disagreements or doubts concerning the
formal or substantive compatibility of federal law or
Land law with this Basic Law, or the compatibility of
Land law with other federal law, on application of the
Federal Government, of a Land government, or of one
fourth of the Members of the Bundestag;
2a. in the event of disagreements whether a law meets the
requirements of paragraph (2) of Article 72, on application
of the Bundesrat or of the government or legislature
of a Land;
3. in the event of disagreements concerning the rights and
duties of the Federation and the Länder, especially in
the execution of federal law by the Länder and in the
exercise of federal oversight;
4. on other disputes involving public law between the
Federation and the Länder, between different Länder, or
within a Land, unless there is recourse to another court;
4a. on constitutional complaints, which may be filed by
any person alleging that one of his basic rights or one of
his rights under paragraph (4) of Article 20 or under Article
33, 38, 101, 103 or 104 has been infringed by public
authority;
IX. The Judiciary 83
4b. on constitutional complaints filed by municipalities or
associations of municipalities on the ground that their
right to self-government under Article 28 has been infringed
by a law; in the case of infringement by a Land
law, however, only if the law cannot be challenged in
the constitutional court of the Land;
5. in the other instances provided for in this Basic Law.
(2) At the request of the Bundesrat, a Land government or the
parliamentary assembly of a Land, the Federal Constitutional
Court shall also rule whether in cases falling under
paragraph (4) of Article 72 the need for a regulation by federal
law does not exist any longer or whether in the cases
referred to in clause 1 of paragraph (2) of Article 125a federal
law could not be enacted any longer. The Court’s determination
that the need has ceased to exist or that federal
law could no longer be enacted substitutes a federal law according
to paragraph (4) of Article 72 or clause 2 of paragraph
(2) of Article 125a. A request under the first sentence
is admissible only if a bill falling under paragraph (4) of Article
72 or the second sentence of paragraph (2) of Article
125a has been rejected by the German Bundestag or if it has
not been considered and determined upon within one year,
or if a similar bill has been rejected by the Bundesrat.
(3) The Federal Constitutional Court shall also rule on such
other matters as shall be assigned to it by a federal law.
Article 94
[Composition of the Federal Constitutional Court]
(1) The Federal Constitutional Court shall consist of federal
judges and other members. Half the members of the Federal
Constitutional Court shall be elected by the Bundestag and
half by the Bundesrat. They may not be members of the Bundestag,
of the Bundesrat, of the Federal Government, or of
any of the corresponding bodies of a Land.
(2) The organisation and procedure of the Federal Constitutional
Court shall be regulated by a federal law, which shall
specify in which instances its decisions shall have the force
IX. The Judiciary 84
of law. The law may require that all other legal remedies be
exhausted before a constitutional complaint may be filed,
and may provide for a separate proceeding to determine
whether the complaint will be accepted for decision.
Article 95
[Supreme federal courts]
(1) The Federation shall establish the Federal Court of Justice,
the Federal Administrative Court, the Federal Finance Court,
the Federal Labour Court and the Federal Social Court as
supreme courts of ordinary, administrative, financial, labour
and social jurisdiction.
(2) The judges of each of these courts shall be chosen jointly
by the competent Federal Minister and a committee for the
selection of judges consisting of the competent Land ministers
and an equal number of members elected by the Bun-
destag.
(3) A Joint Chamber of the courts specified in paragraph (1) of
this Article shall be established to preserve the uniformity
of decisions. Details shall be regulated by a federal law.
Article 96
[Other federal courts]
(1) The Federation may establish a federal court for matters
concerning industrial property rights.
(2) The Federation may establish federal military criminal
courts for the Armed Forces. These courts may exercise
criminal jurisdiction only during a state of defence or over
members of the Armed Forces serving abroad or on board
warships. Details shall be regulated by a federal law. These
courts shall be under the aegis of the Federal Minister of
Justice. Their full-time judges shall be persons qualified to
hold judicial office.
(3) The supreme court of review from the courts designated in
paragraphs (1) and (2) of this Article shall be the Federal
Court of Justice.
IX. The Judiciary 85
(4) The Federation may establish federal courts for disciplinary
proceedings against, and for proceedings on complaints by,
persons in the federal public service.
(5) With the consent of the Bundesrat, a federal law may provide
that courts of the Länder shall exercise federal jurisdiction
over criminal proceedings in the following matters:
1. genocide;
2. crimes against humanity under international criminal
law;
3. war crimes;
4. other acts tending to and undertaken with the intent
to disturb the peaceful relations between nations
(paragraph (1) of Article 26);
5. state security.
Article 97
[Judicial independence]
(1) Judges shall be independent and subject only to the law.
(2) Judges appointed permanently to full-time positions may
be involuntarily dismissed, permanently or temporarily
suspended, transferred or retired before the expiration of
their term of office only by virtue of judicial decision and
only for the reasons and in the manner specified by the
laws. The legislature may set age limits for the retirement
of judges appointed for life. In the event of changes in the
structure of courts or in their districts, judges may be transferred
to another court or removed from office, provided
they retain their full salary.
Article 98
[Legal status of judges – Impeachment]
(1) The legal status of federal judges shall be regulated by a
special federal law.
(2) If a federal judge infringes the principles of this Basic
Law or the constitutional order of a Land in his official
capacity or unofficially, the Federal Constitutional Court,
upon application of the Bundestag, may by a two-thirds
IX. The Judiciary 86
majority order that the judge be transferred or retired. In
the case of an intentional infringement it may order him
dismissed.
(3) The legal status of the judges in the Länder shall be regulated
by special Land laws if clause 27 of paragraph (1) of
Article 74 does not otherwise provide.
(4) The Länder may provide that Land judges shall be chosen
jointly by the Land Minister of Justice and a committee for
the selection of judges.
(5) The Länder may enact provisions regarding Land judges
that correspond with those of paragraph (2) of this Article.
Existing Land constitutional law shall not be affected. The
decision in cases of judicial impeachment shall rest with
the Federal Constitutional Court.
Article 99
[Constitutional disputes within a Land]
A Land law may assign the decision of constitutional disputes
within a Land to the Federal Constitutional Court,
and the final decision in matters involving the application
of Land law to the supreme courts specified in paragraph
(1) of Article 95.
Article 100
[Concrete judicial review]
(1) If a court concludes that a law on whose validity its decision
depends is unconstitutional, the proceedings shall be
stayed, and a decision shall be obtained from the Land
court with jurisdiction over constitutional disputes where
the constitution of a Land is held to be violated, or from the
Federal Constitutional Court where this Basic Law is held
to be violated. This provision shall also apply where the
Basic Law is held to be violated by Land law and where a
Land law is held to be incompatible with a federal law.
(2) If, in the course of litigation, doubt exists whether a rule
of international law is an integral part of federal law
and whether it directly creates rights and duties for the
IX. The Judiciary 87
individual (Article 25), the court shall obtain a decision
from the Federal Constitutional Court.
(3) If the constitutional court of a Land, in interpreting this Basic
Law, proposes to deviate from a decision of the Federal
Constitutional Court or of the constitutional court of another
Land, it shall obtain a decision from the Federal Constitutional
Court.
Article 101
[Ban on extraordinary courts]
(1) Extraordinary courts shall not be allowed. No one may be
removed from the jurisdiction of his lawful judge.
(2) Courts for particular fields of law may be established only
by a law.
Article 102
[Abolition of capital punishment]
Capital punishment is abolished.
Article 103
[Fair trial]
(1) In the courts every person shall be entitled to a hearing in
accordance with law.
(2) An act may be punished only if it was defined by a law as a
criminal offence before the act was committed.
(3) No person may be punished for the same act more than
once under the general criminal laws.
Article 104
[Deprivation of liberty]
(1) Liberty of the person may be restricted only pursuant to a
formal law and only in compliance with the procedures
prescribed therein. Persons in custody may not be subjected
to mental or physical mistreatment.
(2) Only a judge may rule upon the permissibility or continuation
of any deprivation of liberty. If such a deprivation is
not based on a judicial order, a judicial decision shall be
IX. The Judiciary 88
obtained without delay. The police may hold no one in custody
on their own authority beyond the end of the day following
the arrest. Details shall be regulated by a law.
(3) Any person provisionally detained on suspicion of having
committed a criminal offence shall be brought before a
judge no later than the day following his arrest; the judge
shall inform him of the reasons for the arrest, examine him,
and give him an opportunity to raise objections. The judge
shall, without delay, either issue a written arrest warrant
setting forth the reasons therefor or order his release.
(4) A relative or a person enjoying the confidence of the person
in custody shall be notified without delay of any judicial
decision imposing or continuing a deprivation of liberty.
X.
Finance
89
X. Finance 90
Article 104a
[Apportionment of expenditures – Financial system –
Liability]
(1) The Federation and the Länder shall separately finance the
expenditures resulting from the discharge of their respective
responsibilities insofar as this Basic Law does not otherwise
provide.
(2) Where the Länder act on federal commission, the Federation
shall finance the resulting expenditures.
(3) Federal laws providing for money grants to be administered
by the Länder may provide that the Federation shall pay for
such grants wholly or in part. If any such law provides that
the Federation shall finance one half or more of the expenditure,
it shall be executed by the Länder on federal commis-
sion.
(4) Federal laws that oblige the Länder to provide money
grants, benefits in kind or comparable services to third persons
and which are executed by the Länder in their own
right or according to the second sentence of paragraph (3)
on commission of the Federation shall require the consent
of the Bundesrat if the expenditure resulting therefrom
shall be borne by the Länder.
(5) The Federation and the Länder shall finance the administrative
expenditures incurred by their respective authorities
and shall be responsible to one another for ensuring proper
administration. Details shall be regulated by a federal law
requiring the consent of the Bundesrat.
(6) In accord with the internal allocation of competencies and
responsibilities, the Federation and the Länder shall bear
the costs entailed by a violation of obligations incumbent
on Germany under supranational or international law. In
cases of financial corrections by the European Union with
effect transcending one specific Land, the Federation and
the Länder shall bear such costs at a ratio of 15 to 85. In
such cases, the Länder as a whole shall be responsible in
solidarity for 35 per cent of the total burden according to a
general formula; 50 per cent of the total burden shall be
X. Finance 91
borne by those Länder which have caused the encumbrance,
adjusted to the size of the amount of the financial
means received. Details shall be regulated by a federal law
which shall require the consent of the Bundesrat.
Article 104b
[Financial assistance for investments]
(1) To the extent that this Basic Law confers on it the power to
legislate, the Federation may grant the Länder financial assistance
for particularly important investments by the
Länder and municipalities (associations of municipalities)
which are necessary to:
1. avert a disturbance of the overall economic equilibrium;
2. equalise differing economic capacities within the federal
territory; or
3. promote economic growth.
In deviating from the first sentence, the Federation may
grant financial assistance even outside its field of legislative
powers in cases of natural disasters or exceptional emergency
situations beyond governmental control and substantially
harmful to the state’s financial capacity.
(2) Details, especially with respect to the kinds of investments
to be promoted, shall be regulated by a federal law requiring
the consent of the Bundesrat or by an executive agreement
based on the federal budget law. The duration of the
grants shall be limited and the grants must be reviewed at
regular intervals with respect to the manner in which they
are used. The financial assistance must be designed with
descending annual contributions.
(3) Upon request, the Bundestag, the Federal Government as
well as the Bundesrat shall be informed about the implementation
of such measures and the improvements reached.
Article 105
[Distribution of powers regarding tax laws]
(1) The Federation shall have exclusive power to legislate with
respect to customs duties and fiscal monopolies.
X. Finance 92
(2) The Federation shall have concurrent power to legislate
with respect to all other taxes the revenue from which
accrues to it wholly or in part or as to which the conditions
provided for in paragraph (2) of Article 72 apply.
(2a) The Länder shall have power to legislate with regard to
local taxes on consumption and expenditures so long and
insofar as such taxes are not substantially similar to taxes
regulated by federal law. They are empowered to determine
the rate of the tax on acquisition of real estate.
(3) Federal laws relating to taxes the revenue from which accrues
wholly or in part to the Länder or to municipalities
(associations of municipalities) shall require the consent
of the Bundesrat.
Article 106
[Apportionment of tax revenue and yield of fiscal
monopolies]
(1) The yield of fiscal monopolies and the revenue from the
following taxes shall accrue to the Federation:
1. customs duties;
2. taxes on consumption insofar as they do not accrue to
the Länder pursuant to paragraph (2), or jointly to the
Federation and the Länder in accordance with paragraph
(3), or to municipalities in accordance with paragraph
(6) of this Article;
3. the road freight tax, motor vehicle tax, and other taxes
on transactions related to motorised vehicles;
4. the taxes on capital transactions, insurance and bills of
exchange;
5. non-recurring levies on property and equalisation of
burdens levies;
6. income and corporation surtaxes;
7. levies imposed within the framework of the European
Communities.
(2) Revenue from the following taxes shall accrue to the Länder:
1. the property tax;
2. the inheritance tax;
X. Finance 93
3. the motor vehicle tax;
4. such taxes on transactions as do not accrue to the Federation
pursuant to paragraph (1) or jointly to the
Federation and the Länder pursuant to paragraph (3)
of this Article
5. the beer tax;
6. the tax on gambling establishments.
(3) Revenue from income taxes, corporation taxes and turnover
taxes shall accrue jointly to the Federation and the Länder
(joint taxes) to the extent that the revenue from the income
tax and the turnover tax is not allocated to municipalities
pursuant to paragraphs (5) and (5a) of this Article. The Federation
and the Länder shall share equally the revenues
from income taxes and corporation taxes. The respective
shares of the Federation and the Länder in the revenue
from the turnover tax shall be determined by a federal law
requiring the consent of the Bundesrat. Such determination
shall be based on the following principles:
1. The Federation and the Länder shall have an equal
claim against current revenues to cover their necessary
expenditures. The extent of such expenditures shall be
determined with due regard to multi-year financial
planning.
2. The financial requirements of the Federation and of the
Länder shall be coordinated in such a way as to establish
a fair balance, avoid excessive burdens on taxpayers,
and ensure uniformity of living standards throughout
the federal territory.
In determining the respective shares of the Federation and
the Länder in the revenue from the turnover tax, reductions
in revenue incurred by the Länder from 1 January 1996 because
of the provisions made with respect to children in
the income tax law shall also be taken into account. Details
shall be regulated by the federal law enacted pursuant to
the third sentence of this paragraph.
(4) The respective shares of the Federation and the Länder in
the revenue from the turnover tax shall be apportioned
X. Finance 94
anew whenever the ratio of revenues to expenditures of the
Federation becomes substantially different from that of the
Länder; reductions in revenue that are taken into account
in determining the respective shares of revenue from the
turnover tax under the fifth sentence of paragraph (3) of this
Article shall not be considered in this regard. If a federal
law imposes additional expenditures on or withdraws revenue
from the Länder, the additional burden may be compensated
for by federal grants pursuant to a federal law requiring
the consent of the Bundesrat, provided the additional
burden is limited to a short period of time. This law
shall establish the principles for calculating such grants
and distributing them among the Länder.
(5) A share of the revenue from the income tax shall accrue to
the municipalities, to be passed on by the Länder to their
municipalities on the basis of the income taxes paid by
their inhabitants. Details shall be regulated by a federal law
requiring the consent of the Bundesrat. This law may provide
that municipalities may establish supplementary or reduced
rates with respect to their share of the tax.
(5a) From and after 1 January 1998, a share of the revenue from
the turnover tax shall accrue to the municipalities. It shall
be passed on by the Länder to their municipalities on the
basis of a formula reflecting geographical and economic factors.
Details shall be regulated by a federal law requiring
the consent of the Bundesrat.
(6) Revenue from taxes on real property and trades shall accrue
to the municipalities; revenue from local taxes on consumption
and expenditures shall accrue to the municipalities or,
as may be provided for by Land legislation, to associations
of municipalities. Municipalities shall be authorised to establish
the rates at which taxes on real property and trades are
levied, within the framework of the laws. If there are no
municipalities in a Land, revenue from taxes on real property
and trades as well as from local taxes on consumption and
expenditures shall accrue to the Land. The Federation and
the Länder may participate, by virtue of an apportionment,
X. Finance 95
in the revenue from the tax on trades. Details regarding
such apportionment shall be regulated by a federal law
requiring the consent of the Bundesrat. In accordance with
Land legislation, taxes on real property and trades as well
as the municipalities’ share of revenue from the income tax
and the turnover tax may be taken as a basis for calculating
the amount of apportionment.
(7) An overall percentage of the Land share of total revenue
from joint taxes, to be determined by Land legislation, shall
accrue to the municipalities or associations of municipalities.
In all other respects Land legislation shall determine
whether and to what extent revenue from Land taxes shall
accrue to municipalities (associations of municipalities).
(8) If in individual Länder or municipalities (associations of
municipalities) the Federation requires special facilities to
be established that directly result in an increase of expenditure
or in reductions in revenue (special burden) to these
Länder or municipalities (associations of municipalities),
the Federation shall grant the necessary compensation if
and insofar as the Länder or municipalities (associations of
municipalities) cannot reasonably be expected to bear the
burden. In granting such compensation, due account shall
be taken of indemnities paid by third parties and financial
benefits accruing to these Länder or municipalities (associations
of municipalities) as a result of the establishment of
such facilities.
(9) For the purpose of this Article, revenues and expenditures
of municipalities (associations of municipalities) shall also
be deemed to be revenues and expenditures of the Länder.
Article 106a
[Federal grants for local mass transit]
Beginning 1 January 1996 the Länder shall be entitled to an
allocation of federal tax revenues for purposes of local mass
transit. Details shall be regulated by a federal law requiring
the consent of the Bundesrat. Allocations made pursuant
to the first sentence of this Article shall not be taken into
X. Finance 96
account in determining the financial capacity of a Land under
paragraph (2) of Article 107.
Article 106b
[Länder share of motor vehicle tax]
As of 1 July 2009, following the transfer of the motor vehicle
tax to the Federation, the Länder shall be entitled to a
sum from the tax revenue of the Federation. Details shall
be regulated by a federal law requiring the consent of the
Bundesrat.
Article 107
[Distribution of tax revenue – Financial equalisation
among the Länder – Supplementary grants]
(1) Revenue from Land taxes and the Land share of revenue
from income and corporation taxes shall accrue to the individual
Länder to the extent that such taxes are collected by
finance authorities within their respective territories (local
revenue). Details regarding the delimitation as well as the
manner and scope of allotment of local revenue from corporation
and wage taxes shall be regulated by a federal law
requiring the consent of the Bundesrat. This law may also
provide for the delimitation and allotment of local revenue
from other taxes. The Land share of revenue from the turnover
tax shall accrue to the individual Länder on a per
capita basis; a federal law requiring the consent of the
Bundesrat may provide for the grant of supplementary
shares not exceeding one quarter of a Land share to Länder
whose per capita income from Land taxes, from income
and corporation taxes and from taxes under Article 106b
ranks below the average of all the Länder combined; with
respect to the tax on the acquisition of real estate, the
capacity to generate revenue shall be considered.
(2) Such law shall ensure a reasonable equalisation of the disparate
financial capacities of the Länder, with due regard
for the financial capacities and needs of municipalities (associations
of municipalities). It shall specify the conditions
X. Finance 97
governing the claims of Länder entitled to equalisation payments
and the liabilities of Länder required to make them
as well as the criteria for determining the amounts of such
payments. It may also provide for grants to be made by the
Federation to financially weak Länder from its own funds
to assist them in meeting their general financial needs (supplementary
grants).
Article 108
[Financial administration of the Federation and
the Länder – Financial courts]
(1) Customs duties, fiscal monopolies, taxes on consumption
regulated by a federal law, including the turnover tax on
imports, the motor vehicle tax and other transaction taxes
related to motorised vehicles as from 1 July 2009, and
charges imposed within the framework of the European
Communities shall be administered by federal finance authorities.
The organisation of these authorities shall be regulated
by a federal law. Inasmuch as intermediate authorities
have been established, their heads shall be appointed
in consultation with the Land governments.
(2) All other taxes shall be administered by the financial authorities
of the Länder. The organisation of these authorities
and the uniform training of their civil servants may be
regulated by a federal law requiring the consent of the Bundesrat.
Inasmuch as intermediate authorities have been established,
their heads shall be appointed in agreement with
the Federal Government.
(3) To the extent that taxes accruing wholly or in part to the
Federation are administered by revenue authorities of the
Länder, those authorities shall act on federal commission.
Paragraphs (3) and (4) of Article 85 shall apply, provided
that the Federal Minister of Finance shall take the place of
the Federal Government.
(4) Where and to the extent that execution of the tax laws will
be substantially facilitated or improved thereby, a federal
law requiring the consent of the Bundesrat may provide for
X. Finance 98
collaboration between federal and Land revenue authorities
in matters of tax administration, for the administration of
taxes enumerated in paragraph (1) of this Article by revenue
authorities of the Länder, or for the administration of other
taxes by federal revenue authorities. The functions of Land
revenue authorities in the administration of taxes whose
revenue accrues exclusively to municipalities (associations
of municipalities) may be delegated by the Länder to municipalities
(associations of municipalities) wholly or in part.
(5) The procedures to be followed by federal revenue authorities
shall be prescribed by a federal law. The procedures to be
followed by Land revenue authorities or, as provided by the
second sentence of paragraph (4) of this Article, by municipalities
(associations of municipalities) may be prescribed
by a federal law requiring the consent of the Bundesrat.
(6) Financial jurisdiction shall be uniformly regulated by a
federal law.
(7) The Federal Government may issue general administrative
rules which, to the extent that administration is entrusted
to Land revenue authorities or to municipalities (associations
of municipalities), shall require the consent of the
Bundesrat.
Article 109
[Budget management in the Federation and the Länder]
(1) The Federation and the Länder shall be autonomous and
independent of one another in the management of their respective
budgets.
(2) The Federation and the Länder shall perform jointly the obligations
of the Federal Republic of Germany resulting from
legal acts of the European Community for the maintenance
of budgetary discipline pursuant to Article 104 of the Treaty
Establishing the European Community and shall, within
this framework, give due regard to the requirements of overall
economic equilibrium.
(3) The budgets of the Federation and the Länder shall in principle
be balanced without revenue from credits. The Feder-
X. Finance 99
ation and Länder may introduce rules intended to take into
account, symmetrically in times of upswing and downswing,
the effects of market developments that deviate from
normal conditions, as well as exceptions for natural disasters
or unusual emergency situations beyond governmental
control and substantially harmful to the state’s financial
capacity. For such exceptional regimes, a corresponding
amortisation plan must be adopted. Details for the budget
of the Federation shall be governed by Article 115 with the
proviso that the first sentence shall be deemed to be satisfied
if revenue from credits does not exceed 0.35 percent in
relation to the nominal gross domestic product. The Länder
themselves shall regulate details for the budgets within the
framework of their constitutional powers, the proviso being
that the first sentence shall only be deemed to be satisfied
if no revenue from credits is admitted.
(4) A federal law requiring the consent of the Bundesrat may
establish principles applicable to both the Federation and
the Länder governing budgetary law, the responsiveness of
budgetary management to economic trends, and long-term
financial planning.
(5) Sanctions imposed by the European Community on the basis
of the provisions of Article 104 of the Treaty Establishing
the European Community in the interest of maintaining
budgetary discipline, shall be borne by the Federation and
the Länder at a ratio of 65 to 35 percent. In solidarity, the
Länder as a whole shall bear 35 percent of the charges incumbent
on the Länder according to the number of their inhabitants;
65 percent of the charges incumbent on the Länder
shall be borne by the Länder according to their degree of
causation. Details shall be regulated by a federal law which
shall require the consent of the Bundesrat.
Article 109a
[Budgetary emergencies]
To avoid a budgetary emergency, a federal law requiring the
consent of the Bundesrat shall provide for:
X. Finance 100
1. the continuing supervision of budgetary management of
the Federation and the Länder by a joint body (Stability
Council),
2. the conditions and procedures for ascertaining the
threat of a budgetary emergency,
3. the principles for the establishment and administration
of programs for taking care of budgetary emergencies.
The decisions of the Stability Council and the accompanying
documents shall be published.
Article 110
[Federal budget]
(1) All revenues and expenditures of the Federation shall be
included in the budget; in the case of federal enterprises
and special trusts, only payments to or remittances from
them need be included. The budget shall be balanced with
respect to revenues and expenditures.
(2) The budget for one or more fiscal years shall be set forth
in a law enacted before the beginning of the first year and
making separate provision for each year. The law may
provide that various parts of the budget apply to different
periods of time, divided by fiscal years.
(3) Bills to comply with the first sentence of paragraph (2) of
this Article as well as bills to amend the Budget Law or the
budget itself shall be submitted simultaneously to the Bundesrat
and to the Bundestag; the Bundesrat shall be entitled
to comment on such bills within six weeks or, in the case of
amending bills, within three weeks.
(4) The Budget Law may contain only such provisions as relate
to federal revenues and expenditures and to the period for
which it is enacted. The Budget Law may specify that its
provisions shall expire only upon promulgation of the next
Budget Law or, in the event of an authorisation pursuant to
Article 115, at a later date.
X. Finance 101
Article 111
[Interim budget management]
(1) If, by the end of a fiscal year, the budget for the following
year has not been adopted by a law, the Federal Government,
until such law comes into force, may make all expenditures
that are necessary:
a) to maintain institutions established by a law and to
carry out measures authorised by a law;
b) to meet the legal obligations of the Federation;
c) to continue construction projects, procurements, and
the provision of other benefits or services, or to continue
to make grants for these purposes, to the extent that
amounts have already been appropriated in the budget
of a previous year.
(2) To the extent that revenues based upon specific laws and
derived from taxes, or duties, or other sources, or the working
capital reserves, do not cover the expenditures referred
to in paragraph (1) of this Article, the Federal Government
may borrow the funds necessary to sustain current operations
up to a maximum of one quarter of the total amount
of the previous budget.
Article 112
[Extrabudgetary expenditures]
Expenditures in excess of budgetary appropriations or for
purposes not contemplated by the budget shall require the
consent of the Federal Minister of Finance. Such consent
may be given only in the event of an unforeseen and unavoidable
necessity. Details may be regulated by a federal
law.
Article 113
[Increase of expenditures]
(1) Laws that increase the budget expenditures proposed by
the Federal Government, or entail or will bring about new
expenditures, shall require the consent of the Federal Government.
This requirement shall also apply to laws that
X. Finance 102
entail or will bring about decreases in revenue. The Federal
Government may demand that the Bundestag postpone its
vote on bills to this effect. In this event the Federal Government
shall submit its comments to the Bundestag within
six weeks.
(2) Within four weeks after the Bundestag has adopted such a
law, the Federal Government may demand that it vote on
the law a second time.
(3) If the bill has become law pursuant to Article 78, the Federal
Government may withhold its consent only within six
weeks and only after having initiated the procedure provided
for in the third and fourth sentences of paragraph (1) or
in paragraph (2) of this Article. Upon the expiration of this
period such consent shall be deemed to have been given.
Article 114
[Submission and auditing of accounts]
(1) For the purpose of discharging the Federal Government, the
Federal Minister of Finance shall submit annually to the
Bundestag and to the Bundesrat an account of all revenues
and expenditures as well as of assets and debts during the
preceding fiscal year.
(2) The Federal Court of Audit, whose members shall enjoy judicial
independence, shall audit the account and determine
whether public finances have been properly and efficiently
administered. It shall submit an annual report directly to
the Bundestag and the Bundesrat as well as to the Federal
Government. In other respects the powers of the Federal
Court of Audit shall be regulated by a federal law.
Article 115
[Limits of borrowing]
(1) The borrowing of funds and the assumption of surety obligations,
guarantees, or other commitments that may lead to
expenditures in future fiscal years shall require authorisation
by a federal law specifying or permitting computation
of the amounts involved.
X. Finance 103
(2) Revenues and expenditures shall in principle be balanced
without revenue from credits. This principle shall be satisfied
when revenue obtained by the borrowing of funds does
not exceed 0.35 percent in relation to the nominal gross domestic
product. In addition, when economic developments
deviate from normal conditions, effects on the budget in periods
of upswing and downswing must be taken into account
symmetrically. Deviations of actual borrowing from
the credit limits specified under the first to third sentences
are to be recorded on a control account; debits exceeding
the threshold of 1.5 percent in relation to the nominal gross
domestic product are to be reduced in accordance with the
economic cycle. The regulation of details, especially the adjustment
of revenue and expenditures with regard to financial
transactions and the procedure for the calculation of
the yearly limit on net borrowing, taking into account the
economic cycle on the basis of a procedure for adjusting the
cycle together with the control and balancing of deviations
of actual borrowing from the credit limit, requires a federal
law. In cases of natural catastrophes or unusual emergency
situations beyond governmental control and substantially
harmful to the state’s financial capacity, these credit limits
may be exceeded on the basis of a decision by a majority of
the Bundestag’s Members. The decision has to be combined
with an amortisation plan. Repayment of the credits borrowed
under the sixth sentence must be accomplished
within an appropriate period of time.
Xa.
State of Defence
104
Xa. State of Defence 105
Article 115a
[Declaration of state of defence]
(1) Any determination that the federal territory is under attack
by armed force or imminently threatened with such an attack
(state of defence) shall be made by the Bundestag with
the consent of the Bundesrat. Such determination shall be
made on application of the Federal Government and shall
require a two-thirds majority of the votes cast, which shall
include at least a majority of the Members of the Bundestag.
(2) If the situation imperatively calls for immediate action, and
if insurmountable obstacles prevent the timely convening
of the Bundestag or the Bundestag cannot muster a quorum,
the Joint Committee shall make this determination by a
two-thirds majority of the votes cast, which shall include
at least a majority of its members.
(3) The determination shall be promulgated by the Federal
President in the Federal Law Gazette pursuant to Article
82. If this cannot be done in time, promulgation shall
be effected in another manner; the determination shall be
printed in the Federal Law Gazette as soon as circumstances
permit.
(4) If the federal territory is under attack by armed force, and
if the competent federal authorities are not in a position at
once to make the determination provided for in the first
sentence of paragraph (1) of this Article, the determination
shall be deemed to have been made and promulgated at the
time the attack began. The Federal President shall announce
that time as soon as circumstances permit.
(5) If the determination of a state of defence has been promulgated,
and if the federal territory is under attack by armed
force, the Federal President, with the consent of the Bundestag,
may issue declarations under international law regarding
the existence of the state of defence. Under the conditions
specified in paragraph (2) of this Article, the Joint
Committee shall act in place of the Bundestag.
Xa. State of Defence 106
Article 115b
[Power of command of the Federal Chancellor]
Upon the promulgation of a state of defence the power of
command over the Armed Forces shall pass to the Federal
Chancellor.
Article 115c
[Extension of the legislative powers of the Federation]
(1) The Federation shall have the right to legislate concurrently
for a state of defence even with respect to matters within
the legislative powers of the Länder. Such laws shall require
the consent of the Bundesrat.
(2) To the extent required by circumstances during a state of
defence, a federal law for a state of defence may:
1. make temporary provisions concerning compensation
in the event of expropriation that deviate from the requirements
of the second sentence of paragraph (3) of
Article 14;
2. establish a time limit for deprivations of freedom different
from that specified in the third sentence of paragraph
(2) and the first sentence of paragraph (3) of Article
104, but not exceeding four days, for cases in which
no judge has been able to act within the time limit that
normally applies.
(3) To the extent necessary to repel an existing or imminently
threatened attack, a federal law for a state of defence may,
with the consent of the Bundesrat, regulate the administration
and finances of the Federation and the Länder without
regard to Titles VIII, VIIIa and X of this Basic Law, provided
that the viability of the Länder, municipalities, and associations
of municipalities, especially with respect to financial
matters, is assured.
(4) Federal laws enacted pursuant to paragraph (1) or clause 1
of paragraph (2) of this Article may, for the purpose of preparing
for their enforcement, be applied even before a state
of defence arises.
Xa. State of Defence 107
Article 115d
[Urgent bills]
(1) During a state of defence the federal legislative process
shall be governed by the provisions of paragraphs (2) and
(3) of this Article without regard to the provisions of paragraph
(2) of Article 76, the second sentence of paragraph (1)
and paragraphs (2) to (4) of Article 77, Article 78, and paragraph
(1) of Article 82.
(2) Federal Government bills that the Government designates
as urgent shall be forwarded to the Bundesrat at the same
time as they are submitted to the Bundestag. The Bundestag
and the Bundesrat shall debate such bills in joint session
without delay. Insofar as the consent of the Bundesrat is
necessary for any such bill to become law, a majority of its
votes shall be required. Details shall be regulated by rules
of procedure adopted by the Bundestag and requiring the
consent of the Bundesrat.
(3) The second sentence of paragraph (3) of Article 115a shall
apply to the promulgation of such laws mutatis mutandis.
Article 115e
[Joint Committee]
(1) If, during a state of defence, the Joint Committee by a twothirds
majority of the votes cast, which shall include at
least a majority of its members, determines that insurmountable
obstacles prevent the timely convening of the
Bundestag or that the Bundestag cannot muster a quorum,
the Joint Committee shall occupy the position of both the
Bundestag and the Bundesrat and shall exercise their powers
as a single body.
(2) This Basic Law may neither be amended nor abrogated nor
suspended in whole or in part by a law enacted by the Joint
Committee. The Joint Committee shall have no power to enact
laws pursuant to the second sentence of paragraph (1) of
Article 23, paragraph (1) of Article 24, or Article 29.
Xa. State of Defence 108
Article 115f
[Use of Federal Border Police – Extended powers of
instruction]
(1) During a state of defence the Federal Government, to the
extent circumstances require, may:
1. employ the Federal Border Police throughout the federal
territory;
2. issue instructions not only to federal administrative authorities
but also to Land governments and, if it deems
the matter urgent, to Land authorities, and may delegate
this power to members of Land governments designated
by it.
(2) The Bundestag, the Bundesrat and the Joint Committee
shall be informed without delay of the measures taken in
accordance with paragraph (1) of this Article.
Article 115g
[Federal Constitutional Court]
Neither the constitutional status nor the performance of the
constitutional functions of the Federal Constitutional Court
or its judges may be impaired. The law governing the Federal
Constitutional Court may be amended by a law enacted
by the Joint Committee only insofar as the Federal Constitutional
Court agrees is necessary to ensure that it can continue
to perform its functions. Pending the enactment of such
a law, the Federal Constitutional Court may take such measures
as are necessary to this end. Determinations by the
Federal Constitutional Court pursuant to the second and
third sentences of this Article shall be made by a majority
of the judges present.
Article 115h
[Expiry of electoral terms and terms of office]
(1) Any electoral terms of the Bundestag or of Land parliaments
due to expire during a state of defence shall end six
months after the termination of the state of defence. A term
of office of the Federal President due to expire during a
Xa. State of Defence 109
state of defence, and the exercise of his functions by the
President of the Bundesrat in case of the premature vacancy
of his office, shall end nine months after the termination of
the state of defence. The term of office of a member of the
Federal Constitutional Court due to expire during a state of
defence shall end six months after the termination of the
state of defence.
(2) Should it be necessary for the Joint Committee to elect a
new Federal Chancellor, it shall do so by the votes of a majority
of its members; the Federal President shall propose a
candidate to the Joint Committee. The Joint Committee may
express its lack of confidence in the Federal Chancellor
only by electing a successor by a two-thirds majority of its
members.
(3) The Bundestag shall not be dissolved while a state of
defence exists.
Article 115i
[Powers of the Land governments]
(1) If the competent federal bodies are incapable of taking the
measures necessary to avert the danger, and if the situation
imperatively calls for immediate independent action in particular
areas of the federal territory, the Land governments
or the authorities or representatives they designate shall be
authorised, within their respective spheres of competence,
to take the measures provided for in paragraph (1) of Article
115f.
(2) Any measures taken in accordance with paragraph (1) of
this Article may be rescinded at any time by the Federal
Government, or, with respect to Land authorities and subordinate
federal authorities, by Minister-Presidents of the
Länder.
Article 115k
[Rank and duration of emergency provisions]
(1) Laws enacted in accordance with Articles 115c, 115e and
115g, as well as statutory instruments issued on the basis of
Xa. State of Defence 110
such laws, shall suspend the operation of incompatible law
so long as they are in effect. This provision shall not apply
to earlier law enacted pursuant to Articles 115c, 115e or
115g.
(2) Laws adopted by the Joint Committee, as well as statutory
instruments issued on the basis of such laws, shall cease to
have effect no later than six months after the termination of
a state of defence.
(3) Laws containing provisions that diverge from Articles 91a,
91b, 104a, 106 and 107 shall apply no longer than the end
of the second fiscal year following the termination of a state
of defence. After such termination they may, with the consent
of the Bundesrat, be amended by a federal law so as to
revert to the provisions of Titles VIIIa and X.
Article 115l
[Repeal of emergency measures – Conclusion of peace]
(1) The Bundestag, with the consent of the Bundesrat, may at
any time repeal laws enacted by the Joint Committee. The
Bundesrat may demand that the Bundestag reach a decision
on this question. Any measures taken by the Joint Committee
or by the Federal Government to avert a danger shall be
rescinded if the Bundestag and the Bundesrat so decide.
(2) The Bundestag, with the consent of the Bundesrat, may at
any time, by a decision to be promulgated by the Federal
President, declare a state of defence terminated. The Bundesrat
may demand that the Bundestag reach a decision on
this question. A state of defence shall be declared terminated
without delay if the conditions for determining it no
longer exist.
(3) The conclusion of peace shall be determined by a federal
law.
XI.
Transitional and Concluding
Provisions
111
XI. Transitional and Concluding Provisions 112
Article 116
[Definition of “German” – Restoration of citizenship]
(1) Unless otherwise provided by a law, a German within the
meaning of this Basic Law is a person who possesses German
citizenship or who has been admitted to the territory
of the German Reich within the boundaries of 31 December
1937 as a refugee or expellee of German ethnic origin or as
the spouse or descendant of such person.
(2) Former German citizens who between 30 January 1933 and
8 May 1945 were deprived of their citizenship on political,
racial or religious grounds, and their descendants, shall on
application have their citizenship restored. They shall be
deemed never to have been deprived of their citizenship
if they have established their domicile in Germany after
8 May 1945 and have not expressed a contrary intention.
Article 117
[Suspended entry into force of two basic rights]
(1) Law which is inconsistent with paragraph (2) of Article 3
of this Basic Law shall remain in force until adapted to that
provision, but not beyond 31 March 1953.
(2) Laws that restrict freedom of movement in view of the
present housing shortage shall remain in force until repealed
by a federal law.
Article 118
[New delimitation of Baden and Württemberg]
The division of the territory comprising Baden, Württemberg-Baden
and Württemberg-Hohenzollern into Länder
may be revised, without regard to the provisions of Article
29, by agreement between the Länder concerned. If no agreement
is reached, the revision shall be effected by a federal
law, which shall provide for an advisory referendum.
XI. Transitional and Concluding Provisions 113
Article 118a
[New delimitation of Berlin and Brandenburg]
The division of the territory comprising Berlin and Brandenburg
into Länder may be revised, without regard to the
provisions of Article 29, by agreement between the two
Länder with the participation of their inhabitants who are
entitled to vote.
Article 119
[Refugees and expellees]
In matters relating to refugees and expellees, especially as
regards their distribution among the Länder, the Federal
Government, with the consent of the Bundesrat, may issue
statutory instruments having the force of law, pending settlement
of the matter by a federal law. In this connection
the Federal Government may be authorised to issue individual
instructions in particular cases. Unless time is of the
essence, such instructions shall be addressed to the highest
Land authorities.
Article 120
[Occupation costs – Burdens resulting from the war]
(1) The Federation shall finance the expenditures for occupation
costs and other internal and external burdens resulting
from the war, as regulated in detail by federal laws. To the
extent that these war burdens were regulated by federal laws
on or before 1 October 1969, the Federation and the Länder
shall finance such expenditures in the proportion established
by such federal laws. Insofar as expenditures for such
of these war burdens as neither have been nor will be regulated
by federal laws were met on or before 1 October 1965
by Länder, municipalities (associations of municipalities),
or other entities performing functions of the Länder or municipalities,
the Federation shall not be obliged to finance
them even after that date. The Federation shall be responsible
for subsidies toward meeting the costs of social security,
including unemployment insurance and public assistance to
XI. Transitional and Concluding Provisions 114
the unemployed. The distribution of war burdens between
the Federation and the Länder prescribed by this paragraph
shall not be construed to affect any law regarding claims for
compensation for consequences of the war.
(2) Revenue shall pass to the Federation at the time it assumes
responsibility for the expenditures referred to in this Article.
Article 120a
[Equalisation of burdens]
(1) Laws implementing the equalisation of burdens may, with
the consent of the Bundesrat, provide that with respect to
equalisation payments they shall be executed partly by the
Federation and partly by the Länder acting on federal commission,
and that the relevant powers vested in the Federal
Government and the competent highest federal authorities
by virtue of Article 85 shall be wholly or partly delegated
to the Federal Equalisation of Burdens Office. In exercising
these powers, the Federal Equalisation of Burdens Office
shall not require the consent of the Bundesrat; except in
urgent cases, its instructions shall be given to the highest
Land authorities (Land Equalisation of Burdens Offices).
(2) The second sentence of paragraph (3) of Article 87 shall
not be affected by this provision.
Article 121
[Definition of “majority of the members”]
Within the meaning of this Basic Law, a majority of the
Members of the Bundestag and a majority of the members
of the Federal Convention shall be a majority of the number
of their members specified by a law.
Article 122
[Date of transmission of legislative powers]
(1) From the date on which the Bundestag first convenes, laws
shall be enacted only by the legislative bodies recognised
by this Basic Law.
XI. Transitional and Concluding Provisions 115
(2) Legislative bodies and institutions participating in the legislative
process in an advisory capacity whose competence
expires by virtue of paragraph (1) of this Article shall be
dissolved as of that date.
Article 123
[Continued applicability of pre-existing law]
(1) Law in force before the Bundestag first convenes shall remain
in force insofar as it does not conflict with this Basic
Law.
(2) Subject to all rights and objections of interested parties,
treaties concluded by the German Reich concerning matters
within the legislative competence of the Länder under this
Basic Law shall remain in force, provided they are and continue
to be valid under general principles of law, until new
treaties are concluded by the authorities competent under
this Basic Law, or until they are in some other way terminated
pursuant to their provisions.
Article 124
[Continued applicability of law within the scope of
exclusive legislative power]
Law regarding matters subject to the exclusive legislative
power of the Federation shall become federal law in the
area in which it applies.
Article 125
[Continued applicability of law within the scope of
concurrent legislative power]
Law regarding matters subject to the concurrent legislative
power of the Federation shall become federal law in the
area in which it applies:
1. insofar as it applies uniformly within one or more occupation
zones;
2. insofar as it is law by which former Reich law has been
amended since 8 May 1945.
XI. Transitional and Concluding Provisions 116
Article 125a
[Continued applicability of federal law – Replacement by
Land law]
(1) Law that was enacted as federal law but that by virtue of
the amendment of paragraph (1) of Article 74, the insertion
of the seventh sentence of paragraph (1) of Article 84, the
second sentence of paragraph (1) of Article 85 or of the second
sentence of paragraph (2a) of Article 105, or because of
the repeal of Articles 74a, 75 or the second sentence of paragraph
(3) of Article 98 could no longer be enacted as federal
law, shall remain in force as federal law. It may be superseded
by Land law.
(2) Law that was enacted pursuant to paragraph (2) of Article
72 as it stood up to 15 November 1994 but which, because
of the amendment of paragraph (2) of Article 72, could no
longer be enacted as federal law shall remain in force as
federal law. A federal law may provide that it may be superseded
by Land law.
(3) Law that has been enacted as Land law but which, because
of the amendment of Article 73, could not be enacted any
longer as Land law shall continue in force as Land law. It
may be superseded by federal law.
Article 125b
[Continued applicability of framework laws –
Deviation power of the Länder]
(1) Law that was enacted pursuant to Article 75 as it stood up
to 1 September 2006, and which could be enacted as federal
law even after this date, shall remain in force as federal
law. The powers and duties of the Länder to legislate shall
in this regard remain unaffected. In the areas referred to in
the first sentence of paragraph (3) of Article 72 the Länder
may enact regulations that deviate from this law; however,
in those areas covered by clauses 2, 5 and 6 of the first sentence
of Article 72 the Länder may do so only if and insofar
as the Federation has made use of its power to legislate after
1 September 2006, in those areas covered by clauses 2
XI. Transitional and Concluding Provisions 117
and 5 beginning at the latest on 1 January 2010, in cases
under clause 6 beginning at the latest on 1 August 2008.
(2) The Länder may enact regulations deviating from federal
regulations enacted pursuant to paragraph (1) of Article 84
as it stood up to 1 September 2006; up to 31 December 2008,
however, they may deviate from regulations on administrative
procedure only if, after 1 September 2006, regulations
on administrative procedure in the relevant federal law
have been amended.
Article 125c
[Continued applicability of law within the scope of joint
tasks]
(1) Law that was enacted by virtue of paragraph (2) of Article
91a in conjunction with clause 1 of paragraph (1) as it stood
up to 1 September 2006 shall continue in force until 31 December
2006.
(2) The regulations enacted in the areas of municipal traffic financing
and promotion of social housing by virtue of paragraph
(4) of Article 104a as it stood up to 1 September 2006
shall remain in force until 31 December 2006. The regulations
enacted on municipal traffic financing for special programmes
pursuant to paragraph (1) of Article 6 of the Municipal
Traffic Financing Act, as well as the other regulations
enacted pursuant to paragraph (4) of Article 104a as it
stood up to 1 September 2006, shall continue in force until
31 December 2019, provided no earlier repeal has been or is
determined.
Article 126
[Determination about continued applicability of law as
federal law]
Disagreements concerning the continued applicability of
law as federal law shall be resolved by the Federal Constitutional
Court.
XI. Transitional and Concluding Provisions 118
Article 127
[Extension of law to the French zone and to Berlin]
Within one year after promulgation of this Basic Law the
Federal Government, with the consent of the governments
of the Länder concerned, may extend to the Länder of Baden,
Greater Berlin, Rhineland-Palatinate and WürttembergHohenzollern
any law of the Administration of the Combined
Economic Area, insofar as it remains in force as federal
law under Article 124 or 125.
Article 128
[Continued authority to issue instructions]
Insofar as law that remains in force grants authority to issue
instructions within the meaning of paragraph (5) of Article
84, this authority shall remain in existence until a law otherwise
provides.
Article 129
[Continued authority to issue legal acts]
(1) Insofar as legal provisions that remain in force as federal
law grant authority to issue statutory instruments or general
administrative rules or to make administrative decisions in
individual cases, such powers shall pass to the authorities
that henceforth have competence over the subject matter.
In cases of doubt the Federal Government shall decide in
agreement with the Bundesrat; such decisions shall be pub-
lished.
(2) Insofar as legal provisions that remain in force as Land law
grant such authority, it shall be exercised by the authorities
competent under Land law.
(3) Insofar as legal provisions within the meaning of paragraphs
(1) and (2) of this Article grant authority to amend
or supplement the provisions themselves or to issue legal
provisions that have the force of laws, such authority shall
be deemed to have expired.
(4) The provisions of paragraphs (1) and (2) of this Article shall
apply mutatis mutandis to legal provisions that refer to
XI. Transitional and Concluding Provisions 119
provisions no longer in force or to institutions no longer in
existence.
Article 130
[Transfer of existing administrative institutions]
(1) Administrative agencies and other institutions that serve
the public administration or the administration of justice
and are not based on Land law or on agreements between
Länder, as well as the Administrative Union of South West
German Railways and the Administrative Council for Postal
and Telecommunications Services for the French Occupation
Zone, shall be placed under the control of the Federal
Government. The Federal Government, with the consent of
the Bundesrat, shall provide for their transfer, dissolution,
or liquidation.
(2) The supreme disciplinary authority for the personnel of
these administrative bodies and institutions shall be the
competent Federal Minister.
(3) Corporations and institutions under public law not directly
subordinate to a Land nor based on agreements between
Länder shall be under the supervision of the competent
highest federal authority.
Article 131
[Persons formerly in the public service]
The legal relations of persons, including refugees and expellees,
who on 8 May 1945 were employed in the public
service, have left the service for reasons other than those
recognised by civil service regulations or collective bargaining
agreements, and have not yet been reinstated or are employed
in positions that do not correspond to those they
previously held, shall be regulated by a federal law. The
same shall apply mutatis mutandis to persons, including
refugees and expellees, who on 8 May 1945 were entitled
to pensions and related benefits and who for reasons other
than those recognised by civil service regulations or collective
bargaining agreements no longer receive any such
XI. Transitional and Concluding Provisions 120
pension or related benefits. Until the pertinent federal law
takes effect, no legal claims may be made, unless Land law
otherwise provides.
Article 132
[Retirement of civil servants]
(1) Civil servants and judges who enjoy life tenure when this
Basic Law takes effect may, within six months after the
Bundestag first convenes, be retired, suspended, or transferred
to lower-salaried positions if they lack the personal
or professional aptitude for their present positions. This
provision shall apply mutatis mutandis to salaried public
employees, other than civil servants or judges, whose employment
cannot be terminated at will. In the case of salaried
employees whose employment may be terminated at
will, notice periods longer than those set by collective bargaining
agreements may be rescinded within the same peri-
od.
(2) The preceding provision shall not apply to members of the
public service who are unaffected by the provisions regarding
“Liberation from National Socialism and Militarism” or
who are recognised victims of National Socialism, absent
important personal grounds.
(3) Persons affected may have recourse to the courts in accordance
with paragraph (4) of Article 19.
(4) Details shall be specified by a statutory instrument issued
by the Federal Government with the consent of the Bun-
desrat.
Article 133
[Succession to the Administration of the Combined
Economic Area]
The Federation shall succeed to the rights and duties of the
Administration of the Combined Economic Area.
XI. Transitional and Concluding Provisions 121
Article 134
[Succession to Reich assets]
(1) Reich assets shall, in principle, become federal assets.
(2) Insofar as such assets were originally intended to be used
principally for administrative tasks not entrusted to the
Federation under this Basic Law, they shall be transferred
without compensation to the authorities now entrusted
with such tasks and to the extent that such assets are now
being used, not merely temporarily, for administrative tasks
that under this Basic Law are now performed by the Länder,
they shall be transferred to the Länder. The Federation may
also transfer other assets to the Länder.
(3) Assets that were placed at the disposal of the Reich without
compensation by Länder or municipalities (associations of
municipalities) shall revert to those Länder or municipalities
(associations of municipalities) insofar as the Federation
does not require them for its own administrative purposes.
(4) Details shall be regulated by a federal law requiring the
consent of the Bundesrat.
Article 135
[Assets in case of territorial changes between the Länder]
(1) If after 8 May 1945 and before the effective date of this Basic
Law an area has passed from one Land to another, the
Land to which the area now belongs shall be entitled to the
assets of the Land to which it previously belonged that are
located in that area.
(2) The assets of Länder or other public-law corporations or institutions
that no longer exist, insofar as they were originally
intended to be used principally for administrative tasks
or are now being so used, not merely temporarily, shall
pass to the Land, corporation or institution that now performs
those tasks.
(3) Real property of Länder that no longer exist, including appurtenances,
shall pass to the Land within which it is located,
insofar as it is not among the assets already referred to
in paragraph (1) of this Article.
XI. Transitional and Concluding Provisions 122
(4) Insofar as an overriding interest of the Federation or the
particular interest of a region requires, a federal law may
depart from the rules prescribed by paragraphs (1) to (3) of
this Article.
(5) In all other respects, the succession to and disposition of assets,
insofar as it has not been effected before 1 January 1952
by agreement between the affected Länder or corporations or
institutions established under public law, shall be regulated
by a federal law requiring the consent of the Bundesrat.
(6) Holdings of the former Land of Prussia in enterprises established
under private law shall pass to the Federation. Details
shall be regulated by a federal law, which may also depart
from this provision.
(7) Insofar as assets that on the effective date of this Basic Law
would devolve upon a Land or a corporation or institution
established under public law pursuant to paragraphs (1) to
(3) of this Article have been disposed of by or pursuant to a
Land law or in any other manner by the party thus entitled,
the transfer of assets shall be deemed to have taken place
before such disposition.
Article 135a
[Old debts]
(1) Federal legislation enacted pursuant to paragraph (4) of Article
134 or paragraph (5) of Article 135 may also provide
that the following debts shall not be discharged, or that
they shall be discharged only in part:
1. debts of the Reich, of the former Land of Prussia, or of
such other corporations and institutions under public
law as no longer exist;
2. such debts of the Federation or of corporations and institutions
under public law as are connected with the
transfer of assets pursuant to Article 89, 90, 134 or 135,
and such debts of these bodies as arise from measures
taken by the bodies designated in clause 1;
3. such debts of the Länder or municipalities (associations
of municipalities) as have arisen from measures taken
XI. Transitional and Concluding Provisions 123
by them before 1 August 1945 within the framework of
administrative functions incumbent upon or delegated
by the Reich to comply with orders of the occupying
powers or to terminate a state of emergency resulting
from the war.
(2) Paragraph (1) of this Article shall apply mutatis mutandis
to debts of the German Democratic Republic or its institutions
as well as to debts of the Federation or other corporations
and institutions under public law that are connected
with the transfer of assets of the German Democratic Republic
to the Federation, Länder or municipalities, and to
debts arising from measures taken by the German Democratic
Republic or its institutions.
Article 136
[First convening of the Bundesrat]
(1) The Bundesrat shall convene for the first time on the day
the Bundestag first convenes.
(2) Until the election of the first Federal President, his powers
shall be exercised by the President of the Bundesrat. He
shall not have authority to dissolve the Bundestag.
Article 137
[Right of state employees to stand for election]
(1) The right of civil servants, other salaried public employees,
professional or volunteer members of the Armed Forces,
and judges to stand for election in the Federation, in the
Länder or in the municipalities may be restricted by a law.
(2) The election of the first Bundestag, of the first Federal Convention
and of the first Federal President shall be governed
by an electoral law to be enacted by the Parliamentary
Council.
(3) Until the Federal Constitutional Court is established, its authority
under paragraph (2) of Article 41 shall be exercised
by the German High Court for the Combined Economic
Area, which shall make determinations in accordance with
its procedural rules.
XI. Transitional and Concluding Provisions 124
Article 138
[South German notaries]
Changes in the rules governing the notarial profession as it
now exists in the Länder of Baden, Bavaria, WürttembergBaden
and Württemberg-Hohenzollern shall require the
consent of the governments of these Länder.
Article 139
[Continued applicability of denazification provisions]
The legal provisions enacted for the “Liberation of the German
People from National Socialism and Militarism” shall
not be affected by the provisions of this Basic Law.
Article 140
[Law of religious denominations]
The provisions of Articles 136, 137, 138, 139 and 141 of the
German Constitution of 11 August 1919 shall be an integral
part of this Basic Law.
Article 141
[“Bremen Clause”]
The first sentence of paragraph (3) of Article 7 shall not apply
in any Land in which Land law otherwise provided on
1 January 1949.
Article 142
[Reservation in favour of basic rights in Land constitu-
tions]
Notwithstanding Article 31, provisions of Land constitutions
shall also remain in force insofar as they guarantee
basic rights in conformity with Articles 1 to 18 of this
Basic Law.
Article 142a (repealed)
XI. Transitional and Concluding Provisions 125
Article 143
[Duration of deviations from the Basic Law]
(1) The law in the territory specified in Article 3 of the Unification
Treaty may deviate from provisions of this Basic Law
for a period extending no later than 31 December 1992 insofar
and so long as disparate circumstances make full compliance
impossible. Deviations may not violate paragraph
(2) of Article 19 and must be compatible with the principles
specified in paragraph (3) of Article 79.
(2) Deviations from Titles II, VIII, VIIIa, IX, X and XI shall be
permissible for a period extending no later than 31 December
1995.
(3) Independently of paragraphs (1) and (2) of this Article, Article
41 of the Unification Treaty and the rules for its implementation
shall also remain in effect insofar as they provide
for the irreversibility of acts interfering with property
rights in the territory specified in Article 3 of this Treaty.
Article 143a
[Exclusive legislative power concerning federal railways]
(1) The Federation shall have exclusive power to legislate with
respect to all matters arising from the transformation of federal
railways administered by the Federation into business
enterprises. Paragraph (5) of Article 87e shall apply mutatis
mutandis. Civil servants employed by federal railways may
be assigned by a law to render services to federal railways
established under private law without prejudice to their legal
status or the responsibility of their employer.
(2) Laws enacted pursuant to paragraph (1) of this Article shall
be executed by the Federation.
(3) The Federation shall continue to be responsible for local
passenger services of the former federal railways until 31
December 1995. The same shall apply to the corresponding
functions of rail transport administration. Details shall be
regulated by a federal law requiring the consent of the Bun-
desrat.
XI. Transitional and Concluding Provisions 126
Article 143b
[Privatisation of the Deutsche Bundespost]
(1) The special trust Deutsche Bundespost shall be transformed
into enterprises under private law in accordance with a federal
law. The Federation shall have exclusive power to legislate
with respect to all matters arising from this transformation.
(2) The exclusive rights of the Federation existing before the
transformation may be transferred by a federal law for a
transitional period to the enterprises that succeed to the
Deutsche Bundespost Postdienst and to the Deutsche Bundespost
Telekom. The Federation may not surrender its majority
interest in the enterprise that succeeds to the Deutsche
Bundespost Postdienst until at least five years after the
law takes effect. To do so shall require a federal law with
the consent of the Bundesrat.
(3) Federal civil servants employed by the Deutsche Bundespost
shall be given positions in the private enterprises that
succeed to it, without prejudice to their legal status or the
responsibility of their employer. The enterprises shall exercise
the employer’s authority. Details shall be regulated by
a federal law.
Article 143c
[Compensation for the cessation of joint tasks]
(1) From 1 January 2007 until 31 December 2019, the Länder
shall be entitled to receive annual payments from the federal
budget as compensation for losing the Federation’s financial
contributions resulting from the abolition of the joint
tasks of extension and construction of institutions of higher
education, including university hospitals and educational
planning, as well as for losing financial assistance for the
improvement of municipal traffic infrastructure and for the
promotion of social housing. Until 31 December 2013, these
amounts are to be determined by averaging the financial
share of the Federation for the years 2000 to 2008.
(2) Until 31 December 2013, the payments pursuant to paragraph
(1) shall be distributed among the Länder in the form of:
XI. Transitional and Concluding Provisions 127
1. fixed annual payments the amounts of which shall be
determined according to the average share of each Land
during the period 2000 to 2003;
2. payments earmarked for the functional area of the former
joint financing.
(3) Until the end of 2013, the Federation and the Länder shall
review the extent to which the financing allotted to individual
Länder pursuant to paragraph (1) is still appropriate
and necessary for the discharge of their tasks. Beginning
with 1 January 2014, the earmarking pursuant to clause 2 of
paragraph (2) of the financial means allotted under paragraph
(1) shall cease; the earmarking for the volume of the
means for investment purposes shall remain unchanged.
Agreements resulting from Solidarity Pact II shall remain
unaffected.
(4) Details shall be regulated by a federal law which shall require
the consent of the Bundesrat.
Article 143d
[Transitional provisions relating to consolidation
assistance]
(1) Articles 109 and 115 in the version in force until 31 July
2009 shall apply for the last time to the 2010 budget. Articles
109 and 115 in the version in force as from 1 August
2009 shall apply for the first time to the 2011 budget; debit
authorisations existing on 31 December 2010 for special
trusts already established shall remain untouched. In the
period from 1 January 2011 to 31 December 2019, the Länder
may, in accordance with their applicable legal regulations,
deviate from the provisions of paragraph (3) of Article
109. The budgets of the Länder are to be planned in
such a way that the 2020 budget fulfils the requirements of
the fifth sentence of paragraph (3) of Article 109. In the period
from 1 January 2011 to 31 December 2015, the Federation
may deviate from the provisions of the second sentence
of paragraph (2) of Article 115. The reduction of the
existing deficits should begin with the 2011 budget. The an-
XI. Transitional and Concluding Provisions 128
nual budgets are to be planned in such a way that the 2016
budget satisfies the requirement of the second sentence of
paragraph (2) of Article 115; details shall be regulated by
federal law.
(2) As assistance for compliance with the provisions of paragraph
(3) of Article 109 after 1 January 2020, the Länder of
Berlin, Bremen, Saarland, Saxony-Anhalt, and SchleswigHolstein
may receive, for the period 2011 to 2019, consolidation
assistance from the federal budget in the global
amount of 800 million euros annually. The respective
amounts are 300 million euros for Bremen, 260 million euros
for Saarland, and 80 million euros each for Berlin, Saxony-Anhalt,
and Schleswig-Holstein. The assistance payments
shall be allocated on the basis of an administrative
agreement under the terms of a federal law requiring the
consent of the Bundesrat. These grants require a complete
reduction of financial deficits by the end of 2020. The
details, especially the annual steps to be taken to reduce
financial deficits, the supervision of the reduction of financial
deficits by the Stability Council, along with the
consequences entailed in case of failure to carry out the
step-by-step reduction, shall be regulated by a federal law
requiring the consent of the Bundesrat and by an administrative
agreement. There shall be no simultaneous granting
of consolidation assistance and redevelopment assistance
on the grounds of an extreme budgetary emergency.
(3) The financial burden resulting from the granting of the consolidation
assistance shall be borne equally by the Federation
and the Länder, to be financed from their share of the
value-added tax. Details shall be regulated by a federal law
requiring the consent of the Bundesrat.
Article 144
[Ratification of the Basic Law – Berlin]
(1) This Basic Law shall require ratification by the parliaments
of two thirds of the German Länder in which it is initially
to apply.
XI. Transitional and Concluding Provisions 129
(2) Insofar as the application of this Basic Law is subject to
restrictions in any Land listed in Article 23 or in any part
thereof, such Land or part thereof shall have the right to send
representatives to the Bundestag in accordance with Article
38 and to the Bundesrat in accordance with Article 50.
Article 145
[Entry into force of the Basic Law]
(1) The Parliamentary Council, with the participation of the
members for Greater Berlin, shall confirm the ratification
of this Basic Law in public session and shall certify and
promulgate it.
(2) This Basic Law shall take effect at the end of the day on
which it is promulgated.
(3) It shall be published in the Federal Law Gazette.
Article 146
[Duration of the Basic Law]
This Basic Law, which since the achievement of the unity
and freedom of Germany applies to the entire German people,
shall cease to apply on the day on which a constitution
freely adopted by the German people takes effect.
Extracts from the German Constitution
of 11August 1919
(Weimar Constitution)
130
Extracts from the German Constitution of 11August 1919 131
Religion and Religious Societies
Article 136
(1) Civil and political rights and duties shall be neither dependent
upon nor restricted by the exercise of religious
freedom.
(2) Enjoyment of civil and political rights and eligibility for
public office shall be independent of religious affiliation.
(3) No person shall be required to disclose his religious convictions.
The authorities shall have the right to inquire into a
person’s membership in a religious society only to the extent
that rights or duties depend upon it or that a statistical
survey mandated by a law so requires.
(4) No person may be compelled to perform any religious act
or ceremony, to participate in religious exercises, or to take
a religious form of oath.
Article 137
(1) There shall be no state church.
(2) The freedom to form religious societies shall be guaranteed.
The union of religious societies within the territory of the
Reich shall be subject to no restrictions.
(3) Religious societies shall regulate and administer their affairs
independently within the limits of the law that applies
to all. They shall confer their offices without the participation
of the state or the civil community.
(4) Religious societies shall acquire legal capacity according to
the general provisions of civil law.
(5) Religious societies shall remain corporations under public
law insofar as they have enjoyed that status in the past.
Other religious societies shall be granted the same rights
upon application, if their constitution and the number of
their members give assurance of their permanency. If two
or more religious societies established under public law
unite into a single organisation, it too shall be a corporation
under public law.
Extracts from the German Constitution of 11August 1919 132
(6) Religious societies that are corporations under public law
shall be entitled to levy taxes on the basis of the civil taxation
lists in accordance with Land law.
(7) Associations whose purpose is to foster a philosophical
creed shall have the same status as religious societies.
(8) Such further regulation as may be required for the implementation
of these provisions shall be a matter for Land
legislation.
Article 138
(1) Rights of religious societies to public subsidies on the basis
of a law, contract or special grant shall be redeemed by legislation
of the Länder. The principles governing such redemption
shall be established by the Reich.
(2) Property rights and other rights of religious societies or associations
in their institutions, foundations, and other assets
intended for purposes of worship, education or charity
shall be guaranteed.
Article 139
Sunday and holidays recognised by the state shall remain
protected by law as days of rest from work and of spiritual
improvement.
Article 141
To the extent that a need exists for religious services and
pastoral work in the army, in hospitals, in prisons, or in
other public institutions, religious societies shall be permitted
to provide them, but without compulsion of any kind.