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The Basic Law for the Federal Republic of Germany (German: Grundgesetz für die Bundesrepublik Deutschland) is the constitution[1] of Germany. It was formally approved on 8 May 1949, and, with the signature of the Allies, came into effect on 23 May 1949, as the constitution of West Germany.
The German word Grundgesetz may be translated as either Basic Law or Fundamental Law (Grund is cognate with the English word ground). The term Verfassung (constitution) was not used, as the drafters regarded the Grundgesetz as a provisional constitution for the provisional West German state and would not prejudice the decisions of a future reunified Germany to adopt a constitution. Shortly after its adoption, the East German Soviet occupation zone was transformed into the communist German Democratic Republic (GDR) with its own constitution.
Germany reunified when the Communist regime in East Germany was toppled and the GDR peacefully joined the Federal Republic of Germany. After reunification, the Basic Law remained in force, having proved itself as a stable foundation for the thriving democracy in West Germany that had emerged from the ruins of World War II. Some changes were made to the law in 1990, mostly pertaining to reunification, such as to the preamble. Additional major modifications of the Basic Law were made in 1994, 2002 and 2006.
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The idea for the creation of the Basic Law came originally from the three western occupying powers. In view of the Nazi usurpation of Germany's prewar Weimar Constitution, they made their approval of the creation of a new German state conditional on
The draft was prepared at the Herrenchiemsee convention (10 – 23 August 1948) on the Herreninsel in the Chiemsee, a lake in southeastern Bavaria. The delegates at the Convention were appointed by the leaders of the newly formed Länder (states). After being passed by the Parliamentary Council assembled at the Museum Koenig in Bonn on 8 May 1949 — the Museum was the only intact building in Bonn large enough to house the assembly — and after being approved by the occupying powers on 12 May 1949, it was ratified by the parliaments of all the Länder with the exception of Bavaria (Bayern). The Landtag of Bavaria rejected the Basic Law mainly because it was seen as not granting sufficient powers to the individual Länder, but at the same time decided that it would still come into force in Bavaria if two-thirds of the other Länder ratified it.[2] On 23 May 1949, the German Basic Law was promulgated and came into force a day later. The time of legal nonentity ended, as the new West German state, the Federal Republic of Germany, came into being.
Basic rights are fundamental to the Basic Law, in contrast to the Weimar Constitution, which listed them merely as "state objectives." Pursuant to the mandate to respect human dignity, all state power is directly bound to guarantee these basic rights. Article 1 of the Basic Law (in German legal shorthand GG, for Grundgesetz), which establishes this principle that "human dignity is inviolable" and that human rights are directly applicable law, as well as the general principles of the state in Article 20 GG, which guarantees democracy, republicanism, social responsibility, federalism, and the right of resistance should anybody undertake to abolish this order, remain under the guarantee of perpetuity stated in Article 79 Paragraph 3, i.e., those two cannot be changed even if the normal amendment process is followed.
There are no emergency powers such as those used by the Reichspräsident in the Reichstag Fire Decree of 1933 to suspend basic rights and to remove communist members of the Reichstag from power, an important step for Hitler's Machtergreifung. The suspension of human rights would also be illegal under Articles 20 and 79 GG, as above.
The constitutional position of the federal government was strengthened, as the Bundespräsident has only a small fraction of the former power of the Reichspräsident. The government now depends only on the parliament.
To remove the chancellor, the parliament has to engage in a constructive vote of no confidence (Konstruktives Misstrauensvotum), i.e. the election of a new chancellor. The new procedure was intended to provide more stability than under the Weimar Constitution, when extremists on the left and right would vote to remove a chancellor, without agreeing on a new one, creating a leadership vacuum. In addition it was possible for the parliament to remove individual ministers by a vote of distrust, while it now has to vote against the cabinet as a whole.
The Basic Law established Germany as a parliamentary democracy with separation of powers into executive, legislative, and judicial branches.
The executive branch consists of the largely ceremonial Federal President as head of state and the Federal Chancellor, the head of government, normally (but not necessarily) the leader of the largest grouping in the Bundestag.
The legislative branch is represented by the Bundestag, elected directly through a mixture of proportional representation and direct mandates, with the German Länder participating in legislation through the Bundesrat, reflecting Germany's federal structure.
The judicial branch is headed by the Federal Constitutional Court, which oversees the constitutionality of laws.
The German Bundespräsident (federal president) is the head of state. It is a largely ceremonial position with only a minor role in day-to-day politics. Whereas the Weimar Constitution provided the president with far-reaching executive powers, the Federal President's main functions are representative and ceremonial, though as head of state he signs bills into laws and appoints federal officials. In contrast to the Weimar president, the new federal president can neither take the initiative to dissolve the Bundestag nor appoint a new chancellor without the consent of the Bundestag.
The Chancellor heads the federal Cabinet, consisting of ministers appointed on the Chancellor's suggestion. While every minister governs his department autonomously, the Chancellor may issue overriding policy guidelines. The Chancellor is elected for a full term of the Bundestag and can only be dismissed by parliament electing a successor in a vote of no confidence.
The guardian of the Basic Law is the German Federal Constitutional Court (Bundesverfassungsgericht) which is both an independent constitutional organ and at the same time part of the judiciary in the sectors of constitutional law and public international law. Its judgements have the legal status of ordinary law. It can declare statutes as null and void if they are in violation of the Basic Law.
The court is famous for nullifying several high-profile laws, passed by large majorities in the parliament. An example is the Luftsicherheitsgesetz, which would have allowed the Bundeswehr to shoot down civilian aircraft in case of a terrorist attack. It was ruled to be in violation of the guarantee of life and human dignity in the Basic Law.
The Federal Constitutional Court decides on the constitutionality of laws and government actions under the following circumstances:
The Weimar Constitution did not institute a court with similar powers. When the Basic Law is amended, this has to be done explicitly; the concerning article must be cited. Under Weimar the constitution could be amended without noticing; any law passed with a two-thirds majority vote was not bound by the constitution. Under the Basic Law, the fundamentals of the constitution in Art. 1 GG and Art. 20 GG, as well as elements of the federalist state, cannot be removed. Especially important is the protection of the division of state powers in the three branches, legislative, executive and judicial. This is provided by Art. 20 GG. A clear separation of powers was considered imperative to prevent measures like an over-reaching Enabling act, as happened in Germany in 1933. This act had then given the government legislative powers which effectively finished the Weimar Republic and led to the dictatorship of the Third Reich.
Article 95 establishes 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 in their respective areas of jurisdiction.
Article 96 authorises the establishment by federal law of the Federal Patent Court, of federal military criminal courts having jurisdiction only in a state of defence or on soldiers serving abroad,[note 1] and of a federal disciplinary court.[note 2] Article 92 establishes that all courts other than the federal courts established under the Basic Law are courts of the Länder.
Article 101 bans extraordinary courts, such as the Volksgerichtshof.
Article 97 provides for judicial independence. Article 102 abolishes capital punishment. Article 103 mandates a fair trial, forbids retroactive criminal legislation and multiple punishment for the same criminal act. Article 104 mandates that deprivation of personal liberty must be provided for by statute and authorised by a judge before the end of the day following the arrest (analogous to the common law concept of Habeas corpus), and that a relative or a person in the confidence of the prisoner must be notified of a judicial decision imposing detention.
The main body of the legislative branch is the Germany's parliament, the Bundestag, which enacts federal legislation, including the budget. Each member of the Bundestag has the right to iniate legislate, as have the cabinet and the Bundesrat. The Bundestag also elects the Chancellor, the head of government, usually (but not necessarily) the leader of the majority party or the party with a plurality of seats in the Bundestag, and takes part in the election of the Federal President.
The Bundesrat represents the Länder (~States) and participates in federal legislation. The Bundesrat's power has grown over the years, as the fields of federal legislation were extended at the expense of state legislation. In return, the number of laws requiring the assent of the Bundesrat was also extended.
In contrast to Weimar, political parties are explicitly mentioned in the constitution, i.e., officially recognized as important participants in politics. Parties are obliged to adhere to the democratic foundations of the German state. Parties found in violation of this requirement may be abolished by the constitutional court. In the Weimar Republic, the public image of political parties was clearly negative and they were often regarded as vile. At the same time there was no obligation to adhere to democratic standards (in contrast, the Basic Law stipulates that parties' "... internal organisation must conform to democratic principles", which precludes any party using the Führerprinzip, even internally.)
The Weimar Constitution contributed to the Reichswehr becoming a state inside a state, outside of the control of the parliament or the public. The army directly reported to the president who himself was not dependent on the parliament. Under the Basic Law, during times of peace the Bundeswehr reports to the Minister of Defence, during time of war to the chancellor. The chancellor is directly responsible to the parliament, the Minister is indirectly responsible to the parliament because it can remove the entire Cabinet by electing a new chancellor. The Basic Law also institutes the parliamentary post of the Wehrbeauftragter, reporting to parliament not to the executive. The Wehrbeauftragter is a soldiers' ombudsman who can be petitioned directly by soldiers, bypassing the chain of command. Disciplinary measures against soldiers petitioning the Wehrbeauftragter are prohibited.
Although this is not explicitly spelled out in the Basic Law, a number of Constitutional Court cases in the 1990s established that the military may not be deployed by the government outside of NATO territory without a specific resolution of parliament, which describes the details of the mission and limits its term. There are also strict restrictions on the intervention of the military within Germany (i.e. a ban of the military being used for police-type duties), which generally only allow the military to act in unarmed roles within Germany (such as disaster relief).
Unlike the Weimar Constitution, the Basic Law only allows referendums, concerning the federal level of legislation, on a single issue: changing borders of the Länder. Baden-Württemberg was founded following a 1952 referendum that approved the fusion of three separate states. In a 1996 referendum the inhabitants of Berlin and Brandenburg rejected a proposed merger of the two states. After referendums on reestablishing to Länder borders as existed in the Weimar Republic all failed, this institution has not been used, as some little border changes can be done by state contract.
The denial of referendums in other cases was designed to avoid the kind of populism that allowed the rise of Hitler. Yet Article 20 states that "All state authority is derived from the people. It shall be exercised by the people through elections and other votes [Abstimmungen] and through specific legislative, executive and judicial bodies"[3]. These other votes – the words are to be understood meaning votes on legislative issues – are, by now, common practice on the level of the Länder. Claims of extending this practice also to the federal level have an undisputed constitutional basis in the Article 20, being the general and unchangeable article on state structure. However, this could only be conferred by a constitutional amendment nevertheless.
Important changes to the Basic Law were the re-introduction of conscription and the establishment of the Bundeswehr in 1956. Therefore several articles were introduced into the constitution, e.g., Art. 12a, 17, 45a-c, 65a, 87a-c GG. Another important reform were the introduction in 1968 of emergency competences, for example Art. 115 Paragraph 1 GG. This was done by a grand coalition of the two main political parties CDU/CSU and SPD and was accompanied by heated debate. In the following year there were changes to the articles regarding the distribution of taxes between federal government and the states of Germany.
During reunification, the two states discussed the possibility of drafting a new common constitution followed by a plebiscite, as envisioned in Art. 146 (1990), but this path was ultimately not taken. Instead the Federal Republic of Germany and the German Democratic Republic decided to keep the Basic Law with only minor changes, because it had proved to be effective in West Germany. To facilitate reunification and to reassure other states, the FRG made some changes to the Basic Law. Article 23 was fulfilled by reunification itself, and then withdrawn to indicate that there were no other parts of Germany that existed outside of the unified territory.[4][5] The question of “using″ Article 146 to draw a new constitution, and hold a referendum, was left to the twelfth (and first all-German) Bundestag, who after considering the question decided against a new draft. However, the Bundestag passed the constitutional reform of 1994, a minor change, but still fulfilling the constitutional question together with some other amendments between 1990 and 1994. For example, affirmative action was allowed in women's rights, and environmental protection was made a policy objective of the state in the new Article 20a. In 1992, membership in the European Union was institutionalised (Art. 23 GG). For the privatisation of the railways and the postal service, amendments were necessary as well. Since then, there have only been minor amendments. In 2002, protection of animals was explicitly mentioned in Art. 20a GG.
The most controversial debate arose concerning the limitation of the right to asylum in 1993 as in the current version of Art. 16 a GG. This change was later challenged and confirmed in a judgment by the constitutional court. Another controversy was spawned by the limitation of the right to the invulnerability of the private domain (Unverletzlichkeit der Wohnung) by means of acoustic observation (Großer Lauschangriff). This was done by changes to Art. 13 Paragraph 3 and Art. 6 GG. The changes were challenged in the constitutional court, but the judges confirmed the changes. Other changes took place regarding a redistribution of competencies between federal government and the Länder.
The Basic Law contains no clear provision to call early elections. Neither the chancellor nor the Bundestag has the power to call elections, and the president can do so only if the government loses a confidence vote if the chancellor so requests. This was designed to avoid the chronic instability of Weimar Republic governments. However, early elections have been called three times (1972, 1982, and 2005). On the last two occasions this was a controversial move and was referred to the constitutional court for review.
In 1972, Chancellor Willy Brandt's coalition had lost its majority in the Bundestag, so that the opposition CDU/CSU tried to do a constructive vote of no confidence, thus electing Rainer Barzel as new chancellor. Surprisingly, two representative of CDU/CSU voted for SPD's Willy Brandt, so that the vote failed. Nevertheless, the coalition had no majority in the Bundestag, so that a new election was necessary. (Later it turned out that the GDR secret service had bribed the two dissenting representatives.)
In 1982, Chancellor Helmut Kohl intentionally lost a confidence vote in order to call an early election to strengthen his position in the Bundestag. The constitutional court examined the case, and decided that the vote was valid, but with reservations. It was decided that a vote of no confidence could be engineered only if it were based on an actual legislative impasse.
In 2005, Chancellor Gerhard Schröder engineered a defeat in a motion of no confidence after a power shift in the Bundesrat. President Horst Köhler then called elections for 18 September 2005. The constitutional court agreed to the validity of this procedure on August 25, 2005, and the elections duly took place.
6. Basic Law for the Federal Republic of Germany (Official english translation Stand 22.09.09)
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(amended by Unification Treaty, 31 August 1990 and federal statute of 23 September 1990, Federal Law Gazette II p. 885).
Conscious of their responsibility before God and Men, Animated by the resolve to serve world peace as an equal partner in a united Europe, the German people have adopted, by virtue of their constituent power, this Basic Law.
The 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 is thus valid for the entire German People.
1. - ( 1 ) The dignity of man is inviolable. To respect and protect it is the duty of all state authority.
2. - ( 1 ) Everyone has the right to the free development of his personality insofar as he does not violate the rights of others or offend against the constitutional order or the moral code.
3. - ( 1 ) All persons are equal before the law.
4. - ( 1 ) Freedom of faith and of conscience, and freedom of creed religious or ideological, are inviolable.
5. - ( 1 ) Everyone has the right freely to express and to disseminate his opinion by speech, writing and pictures and freely to inform himself from generally accessible sources. Freedom of the press and freedom of reporting by radio and motion pictures are guaranteed. There shall be no censorship.
6. - ( 1 ) Marriage and family enjoy the special protection of the state.
(1) The entire education system is under the supervision of the
state.
(2) The persons entitled to bring up a child have the right to
decide whether they shall receive religious instruction.
(3) Religious instruction forms part of the ordinary curriculum in
state and municipal schools, excepting secular schools. Without
prejudice to the state's right of supervision, religious
instruction is given in accordance with the tenets of the religious
communities. No teacher may be obliged against his will to give
religious instruction.
(4) The right to establish private schools is guaranteed. Private
schools as a substitute for state or municipal schools, require the
approval of the state and are subject to the laws of the Laender.
This approval must be given if private schools are not inferior to
the state or municipal schools in their educational aims, their
facilities and the professional training of their teaching staff,
and if a segregation of the pupils according to the means of the
parents is not promoted. This approval must be withheld if the
economic and legal position of the teaching staff is not
sufficiently assured.
(5) A private elementary school shall be admitted only if the
educational authority finds that it serves a special pedagogic
interest or if, on the application of persons entitled to bring up
children, it is to be established as an interdenominational or
denominational or ideological school and a state or municipal
elementary school of this type does not exist in the
community
(6) Preparatory schools remain abolished.
(1) All Germans have the right to assemble peacefully and
unarmed without prior notification or permission.
(2) With regard to open-air meetings this right may be restricted
by or pursuant to a law.
(1) All Germans have the right to form associations and
societies.
(2) Associations, the objects or activities of which conflict with
the criminal laws or which are directed against the constitutional
order or the concept of international understanding, are
prohibited.
(3) The right to form associations to safeguard and improve working
and economic conditions is guaranteed to everyone and to all trades
and professions. Agreements which restrict or seek to hinder this
right are null and void; measures directed to this end are
illegal.
(1) Privacy of letters, posts, and telecommunications shall be
inviolable.
(2) Restrictions may only be ordered pursuant to a statute. Where a
restriction serves to protect the free democratic basic order or
the existence or security of the Federation, the statute may
stipulate that the person affected shall not be informed of such
restriction and that recourse to the courts shall be replaced by a
review of the case by bodies and auxiliary bodies appointed by
Parliament.
(1) All Germans enjoy freedom of movement throughout the Federal
territory.
(2) This right may be restricted only by or pursuant to a statute,
and only in cases in which an adequate basis of existence is
lacking and special burdens would arise to the community, or in
which the restriction is necessary to avert an imminent danger to
the existence or the free democratic basic order of the Federation
or a Land, to combat the danger of epidemics, to deal with natural
disasters or particularly grave accidents, to protect young people
from neglect or to prevent crime.
(1) All Germans have the right freely to choose their trade or
profession their place of work and their place of training. The
practice of trades and professions may be regulated by law.
(2) No one may be compelled to perform a particular work except
within the framework of a traditional compulsory public service
which applies generally and equally to all. Anyone who refuses on
conscientious grounds to render war service involving the use of
arms may be required to render an alternative service. The duration
of this alternative service shall not exceed the duration of
military service. Details shall be regulated by a law which shall
not prejudice freedom of conscience and shall provide also for the
possibility of an alternative service having no connection with any
unit of the Armed Forces.
(3) Women shall not be required by law to render service in any
unit of the Armed Forces. On no account shall they be employed in
any service involving the use of arms.
(4) Forced labor may be imposed only in the event that a person is
deprived of his freedom by the sentence of a court.
(1) Men who have attained the age of 18 years may be required to
serve in the Armed Forces, in the Federal Border Guard, or in a
civil defense organization.
(2) A person who refuses, on grounds of conscience, to render war
service involving the sue of arms may be required to render a
substitute service. The duration of such substitute service shall
not exceed the duration of military service. Details shall be
regulated by a statute which shall not interfere with freedom to
take a decision based on conscience and shall also provide for the
possibility of a substitute service not connected with units of the
Armed Forces or of the Federal Border Guard.
(3) Persons liable to military service who are not required to
render service pursuant to paragraph (1) or (2) of this Article
may, during a state of defense (Verteidigungsfall), be assigned by
or pursuant to a statute to an employment involving civilian
services for defense purposes, including the protection of the
civilian population; it shall, however, not be permissible to
assign persons to an employment subject to public law except for
the purpose of discharging police functions or such other functions
of public administration as can only be discharged by persons
employed under public law. Persons may be assigned to an employment
-as referred to in the first sentence of this paragraph- with the
Armed forces, including the supplying and servicing of the latter,
or with public administrative authorities; assignments to
employment connected with supplying and servicing the civilian
population shall not be permissible except in order to meet their
vital requirements or to guarantee their safety.
(4) Where, during a state of defense, civilian service requirements
in the civilian health system or in the stationary military
hospital organization cannot be met on a voluntary basis, women
between eighteen and fity-five years of age may be assigned to such
services by or pursuant to a statute. They may on no account render
service involving the use of arms.
(5) Prior to the existence of a state of defense, assignments,
under paragraph 3 of this Article may only be made where the
requirements of paragraph 1 of Article 80a are satisfied. It shall
be admissible to require persons by or pursuant to a statute to
attend training courses in order to prepare them for the
performance of such services in accordance with paragraph 3 of this
Article as require special knowledge or skills. To this extent, the
first sentence of this paragraph shall not apply.
(6) Where, during a state of defense, staffing requirements for the
purposes referred to in the second sentence of paragraph 3 of this
Article cannot be met on a voluntary basis, the right of a German
to quit the pursuit of his occupation or quit his place of work may
be restricted by or pursuant to a statute in order to meet these
requirements. The first sentence of paragraph 5 of this Article
shall apply mutatis mutandis prior to the existence of a state of
defense.
(1) The home is inviolable.
(2) Searches may be ordered only by a judge or, in the event of
danger in delay, by other organs as provided by law and may be
carried out only in the form prescribed by law.
(3) Otherwise, this inviolability may be encroached upon or
restricted only to avert a common danger or a mortal danger to
individuals, or, pursuant to a law, to prevent imminent danger to
public security and order, especially to alleviate the housing
shortage, to combat the danger of epidemics or to protect
endangered juveniles.
(1) Property and the rights of inheritance are guaranteed. Their
content and limits are determined by the laws.
(2) Property imposes duties. Its use should also serve the public
weal.
(3) Expropriation is permitted only in the public weal. It may take
place only by or pursuant to law which provides for kind and extent
of the compensation. The compensation shall be determined upon just
consideration of the public interest and of the interests of the
persons affected. In case of dispute regarding the amount of
compensation, recourse may be had to the ordinary courts.
Land, natural resources and means of production may for the purpose of socialization be transferred into public ownership or other forms of publicly controlled economy by a law which provides for kind and extent of the compensation. With respect to such compensation Article 14, para. 3, sentences 3 and 4, apply mutatis mutandis.
(1) No one may be deprived of his German citizenship. Loss of
citizenship may arise only pursuant to a law, and against the will
of the person affected it may arise only if such person does not
thereby become stateless.
(2) No German may be extradited to a foreign country. Persons
persecuted for political reasons enjoy the right of asylum
Everyone has the right individually or jointly with others to address written requests or complaints to the competent authorities and to the representative assemblies.
(1) Laws concerning military services and alternative service
may by provisions applying to members of the Armed Forces and of
alternative services during their period of military or alternative
service, restrict the basic right freely to express and to
disseminate opinions by speech, writing, and pictures (Article 5,
paragraph (1) first half-sentence), the basic right of assembly
(Article 9), and the right of petition Article 17) insofar as it
permits to address requests or complaints jointly with
others.
(2) Laws for defense purposes, including the protection of the
civilian population may provide for the restriction of the basic
rights of freedom of movement (Article 11) and inviolability of the
home (Article 13).
Whoever abuses freedom of opinion, in particular freedom of the press (Article 5, paragraph 1) freedom of teaching (Article 5, paragraph 3), freedom of assembly (Article 8), freedom of association (Article 9), the secrecy of mail posts and telecommunications (Article 10),property (Article 14), or the right of asylum (Article 16, paragraph 2) in order to attack the free democratic basic order, forfeits these basic rights. The forfeiture and its extent are pronounced by the Federal Constitutional Court.
(1) Insofar as under this Basic Law a basic right may be
restricted by or pursuant to a law, the law must apply generally
and not solely to an individual case. Furthermore the law must name
the basic right, indicating the Article.
(2) In no case may a basic right be infringed upon in its essential
content.
(3) The basic rights apply also to corporations established under
German Public law to the extent that the nature of such rights
permits.
(4) Should any person's right be violated by public authority,
recourse to the court shall be open to him. If no other court has
jurisdiction, recourse shall be to the ordinary courts.
(1) The Federal Republic of Germany is a democratic and social
Federal state.
(2) All state authority emanates from the people. It is exercised
by the people by means of elections and voting and by separate
legislative, executive and judicial organs.
(3) Legislation is subject to the constitutional order; the
executive and the judiciary are bound by the law.
(4) All Germans shall have the right to resist any person seeking
to abolish this constitutional order, should no other remedy be
possible. (inserted 24 June 1968)
(1) The political parties participate in the forming of the
political will of the people. They may be freely established. Their
internal organization shall conform to democratic principles. They
shall publicly account for the sources of their funds and for their
assets.
(2) Parties which, by reason of their aims or the behavior of their
adherents, seek or impair or destroy the free democratic basic
order or to endanger the existence of the Federal Republic of
Germany shall be unconstitutional. The Federal Constitutional Court
decides on the question of unconstitutionality.
(3) Details will be regulated by Federal legislation.
The Federal flag is black-red-gold.
(1) The Federation may, by legislation, transfer sovereign
powers to international institutions.
(2) For the maintenance of peace, the Federation may join a system
of mutual collective security; in doing so it will consent to such
limitations upon its sovereign powers as will bring about and
secure a peaceful and lasting order in Europe and among the nations
of the world.
(3) For the settlement of disputes between nations, the Federation
will accede to agreements concerning a general, comprehensive and
obligatory system of international arbitration.
The general rules of public international law form part of the Federal law. They take precedence over the laws and directly create rights and duties for the inhabitants of the Federal territory.
(1) Activities tending and undertaken with the intent to disturb
peaceful relations between nations, especially to prepare for
aggressive war, are unconstitutional. They shall be made a
punishable offense.
(2) Weapons designed for warfare may be manufactured, transported
or marketed only with the permission of the Federal Government.
Details will be regulated by a Federal Law.
All German merchant vessels form one merchant fleet.
(1) The constitutional order in the Länder must conform to the
principles of republican, democratic, and social government based
on the rule of law, within the meaning of this Basic Law. In each
of the Länder, counties and communities, the people must be
represented by a body chosen in universal, direct, free, equal and
secret elections- In the communities the assembly of the community
may take the place of an elected body.
(2) The communities must be guaranteed the right to regulate on
their own responsibility all the affairs of the local community
within the limits set by law. The associations of communities also
have the right of self- government in accordance with the law
within the limits of the functions given them by law.
(3) The Federation guarantees that the constitutional order of the
Länder conforms to the basic rights and to the provisions of
paragraphs (1) and (2).
(1) A new delimitation of federal territory may be made to
ensure that the Länder by the size and capacity are able
effectively to fulfill the functions incumbent upon them. Due
regard shall be given to regional, historical and cultural ties,
economic expediency, and the requirements of regional policy and
planning.
(2) Measures for a new delimitation of federal territory shall be
effected by federal statutes which shall require confirmation by
referendum. The Länder thus affected shall be consulted.
(3) A referendum shall be held in the Länder from whose territories
or partial territories a new Land or a Land which redefined
boundaries is the be formed (affected Länder). The referendum shall
be held on the question whether the affected Länder are to remain
within their existing boundaries or whether the new Land or Land
with redefined boundaries should be formed. The referendum shall be
deemed to be in favor of the formation of a new Land or of a Land
with redefined boundaries where approval is given to the change by
a majority in all the territories or partial territories of an
affected Land whose assignment to a Land is to be changed in the
same sense. The referendum shall be deemed not to be in favor where
change; such rejection shall, however, be of no consequence where
in one part of the territory whose assignment of the affected Land
is to be changed a majority of two-thirds approve of the change,
unless in the entire territory of the affected Land a majority of
two-thirds reject the change.
(4) Where in a clearly definable area of interconnected population
and economic settlement, the parts of which lie in several Länder
and which has a population of at least one million, one tenth of
those of its population entitled to vote in Bundestag elections
petition by popular initiative for the assignment of that area to
one Land, provision shall be made within two years in a federal
statute determining whether the delimitation of the affected Länder
shall be changed pursuant to paragraph 2 of this Article or
determining that a plebiscite shall be held in the affected
Länder.
(5) The plebiscite shall establish whether approval is given to a
change of Länder delimitation to be proposed in the statute. The
statute may put forward different proposals, not exceeding two in
number, for the plebiscite. Where approval is given by a majority
to a proposed change of Länder delimitation, provision shall be
made within two years in a federal statute determining whether the
delimitation of the Länder concerned shall be changed pursuant to
paragraph 2 of this Article. Where approval is given, in accordance
with the third and fourth sentences of paragraph 3 of this Article,
to a proposal put forward for the plebiscite, a federal statute
providing for the formation of the proposed Land shall be enacted
within two years of the plebiscite and shall no longer require
confirmation by referendum.
(6) A majority in a referendum or in a plebiscite shall consist of
a majority of the votes cast, provided that they amount to at least
one quarter of the population entitled to vote in Bundestag
elections. Other detailed provisions concerning referendums,
popular petitions and plebiscites (Volksentscheide,
Volksbefragungen) shall be made in a federal statute; such statute
may also provide that popular petitions may not be repeated within
a period of five years.
(7) Other changes concerning the territory of the Länder may be
effected by state agreements between the Länder concerned or by a
federal statute with the approval of the Bundesrat where the
territory which is to be the subject of a new delimitation does not
have more than 10,000 inhabitants. Detailed provision shall be made
in a federal statute requiring the approval of the Bundesrat and
the majority of the members of the Bundestag. It shall make
provision for the affected communes and districts to be heard.
The exercise of governmental powers and the discharge of governmental functions is incumbent on the Länder insofar as this Basic Law does not otherwise prescribe or permit.
Federal law overrides Land law.
(1) The conduct of relations with foreign states is the concern
of the Federation.
(2) Before the conclusion of a treaty affecting the special
interests of a Land, this Land must be consulted in sufficient
time.
(3) Insofar as the Länder have power to legislate, they may, with
the consent of the Federal Government, conclude treaties with
foreign states.
(1) Every German has in every Land the same civil rights and
duties.
(2) Every German is equally eligible for any public office
according to his aptitude, qualifications and professional
achievements.
(3) Enjoyment of civil and civic rights eligibility for public
office, and rights acquired in the public service are independent
of religious denomination. No one may suffer disadvantage by reason
of his adherence or non-adherence to a denomination or
ideology.
(4) The exercise of state authority as a permanent function shall
as a rule be entrusted to members of the public service whose
status, service and loyalty are governed by public law.
(5) The law of the public service shall be regulated with due
regard to the traditional principles of the permanent civil
service.
If any person, in the exercise of a public office entrusted to him, violates his official obligations to a third party, liability rests in principle on the state or the public authority which employs him. In the case of willful intent or gross carelessness the right of recourse is reserved. With respect to the claim for compensation or the right of recourse, the jurisdiction of the ordinary courts must not be excluded.
(1) All Federal and Land authorities render each other mutual
legal and administrative assistance.
(2) In order to maintain or to restore public security or order, a
Land may, in cases of particular importance, call upon forces and
facilities of the Federal Border Guard to assist its police where
without this assistance the police could not, or only with
considerable difficulty, fulfill a task. In order to deal with a
natural disaster or as especially grave accident, a Land may
request the assistance of the police forces of other Länder or of
forces and facilities of other administrative authorities or of the
Federal Border Guard or the Armed Forces. (amended 28 July
1972)
(3) Where the natural disaster or the accident endangers a region
larger than a Land, the Federal Government may, insofar as this is
necessary to effectively deal with such danger, instruct the Land
governments to place their police forces at the disposal of other
Länder, and may use units of the Federal Border Guard or the Armed
Forces to support the first sentence of this paragraph shall be
revoked at any time a the demand of the Bundesrat, and otherwise
immediately upon removal of the danger.
(1) Civil servants employed in the highest Federal authorities
shall be drawn from all Länder in appropriate proportion. Persons
employed in other Federal authorities should, as a rule be drawn
from the Land in which they serve.
(2) Military laws shall take into account the division of the
Federal Länder and the latter's particular ethnic conditions.
(1) If a Land fails to comply with its obligations of a Federal
character imposed by the Basic Law or another Federal law, the
Federal Government may, with the consent of the Bundesrat, take the
necessary measures to enforce such compliance by the Land by way of
Federal compulsion.
(2) To carry out such Federal compulsion the Federal Government or
its commissioner has the right to give instructions to all Länder
and their authorities.
(1) The deputies to the German Bundestag are elected in
universal, direct, free, equal and secret elections. They are
representatives of the whole people, are not bound by orders and
instructions and are subject only to their conscience.
(2) Anyone who has attained the age of eighteen is entitled to
vote, anyone who has attained the age of twenty-five is eligible
for election. (3) Details will be regulated by a Federal law.
(1) The Bundestag is elected for a four-year term. Its
legislative term ends with the assembly of a new Bundestag. The new
election shall be held forty- five months at the earliest, and
forty-seven months at the latest after the beginning of the
legislative term. Where the Bundestag is dissolved, the new
election shall be held within sixty days.
(2) The Bundestag shall assemble, at the latest, on the thirtieth
day after the election.
(3) The Bundestag determines the termination and resumption of its
meetings. The President of the Bundestag may convene it at an
earlier date. He must do so if one-third of the members, the
Federal President or the Federal Chancellor so demand.
(1) The Bundestag elects its President, Vice-Presidents and
Secretaries. It draws up its rules of procedure.
(2) The President exercises the proprietary and police powers in
the Bundestag building. No search or seizure may take place in the
premises of the Bundestag without his permission.
(1) The scrutiny of elections is the responsibility of the
Bundestag. It also decides whether a deputy has lost his seat in
the Bundestag.
(2) Against the decision of the Bundestag an appeal can be made to
the Federal Constitutional Court.
(3) Details will be regulated by a Federal law.
(1) The meetings of the Bundestag are public. Upon a motion of
one-tenth of its members, or upon a motion of the Federal
Government, the public may, by a two-thirds majority vote, be
excluded. The decision on the motion is taken at a meeting not open
to the public.
(2) Decisions of the Bundestag require a majority of votes cast
unless this Basic law provides otherwise. For the elections to be
made by the Bundestag the rules of procedure may provide
exemptions.
(3) True and accurate reports of the public meetings of the
Bundestag and of its committees shall not give rise to any
liability.
(1) The Bundestag and its committees may demand the presence of
any member of the Federal Government.
(2) The members of the Bundesrat and of the Federal Government as
well as persons commissioned by them have access to all meetings of
the Bundestag and its committees. They must be heard at any
time.
(1) The Bundestag has the right, and upon the motion of one-
fourth of its members the duty, to set up a committee of
investigation 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 secrecy of the mail, posts and
telecommunications remains unaffected.
(3) Courts and administrative authorities are bound to render legal
and administrative assistance.
(4) The decisions of the committees of investigation are not
subject to judicial consideration. The courts are free to evaluate
and judge the facts on which the investigation is based
(Repealed, 23 August 1976)
(1) The Bundestag shall appoint a Committee on Foreign Affairs
and a Committee on Defense. (**2nd sentence deleted, 23 Aug
1976**)
(2) The Committee on Defense shall also have the rights of a
committee on investigation. Upon the motion of one fourth of its
members it shall have the duty to make a specific matter the
subject of investigation.
(3) Article 44 paragraph (1) shall not be applied in matters of
defense.
A Defense Commissioner of the Bundestag shall be appointed to safeguard the basic rights and to assist the Bundestag in exercising parliamentary control. Details shall be regulated by a federal statute.
(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 federal statute.
(1) A deputy may not at any time be prosecuted in the courts or
subjected to disciplinary action or otherwise called to account
outside the Bundestag on account of a vote cast or an utterance
made by him in the Bundestag or one of its committees. This does
not apply to defamatory insults.
(2) A deputy may be called to account or arrested for a punishable
offense only by permission of the Bundestag, unless he is
apprehended in the commission of the offense or during the course
of the following day.
(3) The permission of the Bundestag is also necessary for any other
restriction of the personal freedom of a duty or for the initiation
of proceedings against a deputy under Article 18.
(4) Any criminal proceedings and any proceedings under Article 18
against a deputy, any detention and any other restriction of his
personal freedom shall be suspended upon the request of the
Bundestag.
Deputies may refuse to give evidence concerning persons who have confided facts to them in their capacity as deputies or to whom they have confided facts in such capacity, as well a concerning these facts themselves. To the extent that this right to refuse to give evidence exists, no seizure of documents may take place.
(1) Any person seeking election to the Bundestag is entitled to
the leave necessary for his election campaign.
(2) No one may be prevented from accepting and exercising the
office of deputy. He may not be dismissed from employment, with or
without notice, on this ground.
(3) Deputies are entitled to compensation adequate to ensure their
independence. They are entitled to the free use of all state owned
transport. Details will be regulated by a Federal Law.
The Länder participate through the Bundesrat in the legislation and administration of the Federation.
(1) The Bundesrat consists of members of the Länder governments
which appoint and recall them. Other members of such governments
may act as substitutes.
(2) Each Land has at least three votes; Länder with more than two
million inhabitants have four, Länder with more than seven million
inhabitants, six votes (amended Unification Treaty of 31 August
1990).
(3) Each Land may delegate as many members as it has votes. The
votes of each Land may be cast only as a block vote and only by
members present or their substitutes.
(1) The Bundesrat elects its President for one year.
(2) The President convenes the Bundesrat. He must convene it if the
members for at least two Länder or the Federal Government so
demand.
(3) The Bundesrat takes its decisions by at least a majority of its
votes It draws up its rules of procedure. Its meetings are public.
The public may be excluded.
(4) Other members of, or persons Commissioned by, Länder
governments may serve on the committees of the Bundesrat.
The members of the Federal Government have the right, and on demand the duty to take part in the debates of the Bundesrat and of its Committees. They must be heard at any time. The Bundesrat must be currently kept informed by the Federal Government of the conduct of affairs.
(Inserted by federal statute of 24 June 1968)
(1) Two thirds of the members of the Joint Committee shall be
deputies of the Bundestag and one third shall be members of the
Bundesrat. The Bundestag shall delegate its deputies in proportion
to the relative strength of its parliamentary groups; deputies
shall 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 procedures 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 in respect of a state of Defense. The rights of the
Bundestag and its committees under paragraph 1 of Article 43 shall
remain unaffected by the provision of this paragraph.
(1) The Federal President is elected, without debate, by the
Federal Convention. Every German is eligible who is entitled to
vote for the Bundestag and who has attained the age of forty.
(2) The term of office of the Federal President is five years.
Reelection for a consecutive term is permitted only once.
(3) The Federal Convention consists of the members of the Bundestag
and an equal number of members elected by the representative
assemblies of the Länder according to the rules of proportional
representation.
(4) The Federal Convention meets not later than thirty days before
the expiration of the term of office of the Federal President or,
In the case of premature termination, not later than thirty days
after this date. It is convened by the President of the
Bundestag.
(5) After expiration of the legislative term the period specified
in paragraph 4, first sentence, begins with the first meeting of
the Bundestag.
(6) The person receiving the votes of the majority of the members
of the Federal Convention is elected. If such majority is not
obtained by any candidate in two ballots, the candidate who
receives the largest number of votes in a further ballot is
elected.
(7) Details will be regulated by a Federal law.
(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,
nor engage in a trade, nor practice a profession, nor belong to the
management or ends in any event on the first meeting of a new
Bundestag, the tenure of office of a Federal Minister ends also on
any other termination of the tenure of office of the Federal
Chancellor.
(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 is bound to continue to
transact the business of his office until the appointment of a
successor.
On assuming his office the Federal President takes 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, enhance its benefits, ward harm from it, uphold and
defend the Basic Law and the laws of the Federation, fulfill my
duties conscientiously, and do justice to all. So help me
God."
The oath may also be taken without religious affirmation.
If the Federal President is prevented from exercising his powers or if his office falls prematurely vacant his powers will be exercised by the President of the Bundesrat.
Orders and decrees of the Federal President require for their validity the countersignature of the Federal Chancellor or the appropriate Federal minister. This does not apply to the appointment and dismissal of the Federal Chancellor, the dissolution of the Bundestag under Article 63 and the request under Article 69, paragraph 3.
(1) The Federal President represents the Federation in its
international relations. He concludes treaties with foreign states
on behalf of the Federation. He accredits and receives
envoys.
(2) Treaties which regulate the political relations of the
Federation or relate to matters of Federal legislation require the
consent or participation, in he form of a Federal law, of the
bodies competent in any specific case for such Federal legislation.
For administrative agreements the provisions concerning the Federal
administration apply mutatis mutandis.
(Repealed)
(1) The Federal President appoints and dismisses the Federal
judges the Federal civil servants, the officers and
non-commissioned officers, unless otherwise provided for by
law.
(2) He exercises the power of pardon on behalf of the Federation in
individual cases.
(3) He may delegate these powers to other authorities.
(4) Paragraphs 2 to 4 of Article 46 apply mutatis mutandis to the
Federal President.
(1) The Bundestag or the Bundesrat may impeach the Federal
President before the Federal Constitutional Court for willful
violation of the Basic Law or any other Federal law. The motion for
impeachment must be brought forward by at least one-fourth of the
members of the Bundestag or one-fourth of the votes of the
Bundesrat. The decision to impeach requires a majority of
two-thirds of the members of the Bundestag or of two-thirds of the
votes of the Bundesrat. The prosecution is conducted by a person
commission by the impeaching body.
(2) If the Federal Constitutional Court finds the Federal President
guilty of a willful violation of the Basic Law or of another
Federal law it may declare him to have forfeited his office. After
impeachment, it may issue an interim order preventing the Federal
President from exercising the powers of his office.
The Federal Government consists of the Federal Chancellor and the Federal Ministers.
(1) The Federal Chancellor is elected, without debate, by the
Bundestag on the proposal of the Federal President.
(2) The person obtaining the votes of the majority of the members
of the Bundestag is elected. The persons elected must be appointed
by the Federal President.
(3) If the person proposed is not elected, the Bundestag may elect
within fourteen days of the ballot a Federal Chancellor by more
than one-half of its members.
(4) If there is no election within this period, a new ballot shall
take place without delay in which the person obtaining the largest
number of votes is elected. If the person elected obtained the
votes of the majority of the members of the Bundestag the Federal
President must appoint him within Seven days of the election. If
the person elected did not receive this majority, the Federal
President must within even days either appoint him or dissolve the
Bundestag
(1) The Federal Ministers are appointed and dismissed by the
Federal President upon the proposal of the Federal
Chancellor.
(2) The Federal Chancellor and the Federal Ministers, on assuming
office, take before the Bundestag the oath provided in Article
56.
The Federal Chancellor determines and is responsible for general policy. Within the limits of this general policy, each Federal Minister conducts the business of his department autonomously and on his own responsibility. The Federal Government decides on differences of opinion between the Federal Ministers. The Federal Chancellor conducts the business of the Federal Government in accordance with rules of procedure adopted by it and approved by the Federal President.
Power of command in respect of the Armed Forces shall be vested In the Federal Minister of Defense.
The Federal Chancellor and the Federal Ministers may not hold any other salaried office, nor engage in a trade, nor practice a profession, nor belong to the management or, without the consent of the Bundestag, to the board of directors of an enterprise carried on for profit.
(1) The Bundestag can express its lack of confidence in the
Federal Chancellor only by electing a successor by the majority of
its members and by 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 must elapse between the motion and the
election.
(1) If a motion of the Federal Chancellor for a vote of no
confidence is not assented to by the majority of the members of the
Bundestag, the Federal President may, upon the proposal of the
Federal Chancellor, dissolve the Bundestag within twenty-one days.
The right to dissolve lapses as soon as the Bundestag by the
majority of its members elects another Federal Chancellor.
(2) Forty-eight hours must elapse between the motion and the vote
thereon.
(1) The Federal Chancellor appoints a Federal Minister as his
deputy.
(2) The tenure of office of the Federal Chancellor or a Federal
Minister
(1) The Länder have the power to legislate insofar as this Basic
Law does not confer legislative powers on the Federation.
(2) The division of competence between the Federation and the
Länder is determined by the provisions of this Basic Law concerning
exclusive and concurrent legislative powers.
On matters within the exclusive legislative powers of the Federation the Länder have authority to legislate only if, and to the extent that, a Federal law explicitly so authorizes them .
(1) On matters within the concurrent legislative powers the
Länder have authority to legislate as long as, and to the extent
that the Federation does not use its legislative power.
(2) The Federation has the right to legislate on these matters to
the extent that a need for a Federal rule exists because
1. a matter cannot be effectively dealt with by the legislation of
individual Länder, or
2. dealing with a matter by Land law might prejudice the interests
of other Länder or of the entire community, or
3. the maintenance of legal or economic unity, especially the
maintenance of uniformity of living conditions beyond the territory
of a Land necessitates it.
The Federation has the exclusive power to legislate on:
1. foreign affairs and defense, including the protection of the
civilian population;
2. citizenship in the Federation;
3. freedom of movement, passports, immigration and emigration, and
extradition;
4. currency, money and coinage, weights and measures, as well as
computation of time;
5. the unity of the customs and commercial territory, commercial
and navigation agreements, the freedom of movement of goods, and
the exchange of goods and payment with foreign countries, including
customs and frontier protection;
6. Federal railroads and air traffic;
7. postal and telecommunication services;
8. the legal status of persons employed by the Federation and by
Federal bodies-corporate under public law;
9. industrial property rights, copyrights and publication
rights;
10. cooperation of the Federation and the Länder in matters
of
(a) criminal police,
(b) protection of the free democratic basic order, of the existence
and the security of the Federation or a Land (protection of the
constitution) and
(c)protection against activities in the federal territory which,
through the use of force or actions in preparation for the use of
force, endanger the foreign interests of the Federal Republic of
Germany, as well as the establishment of a Federal Criminal Police
Office and the international control of crime;
11. statistics for Federal purposes.
Concurrent legislative powers extend to the following
matters:
1. civil law, criminal law and execution of sentences, the system
of judicature, the procedure of the courts, the legal profession,
notaries and legal advice;
2. registration of births, deaths, and marriages;
3. the law of association and assembly;
4. the law relating to residence and establishment of aliens;
4a. the law relating to weapons and explosives; (inserted 28 July
1972 and amended 23 August 1972).
5. the protection of German cultural treasures against removal
abroad;
6. the affairs of refugees and expellees;
7. public welfare;
8. citizenship in the Länder;
9. war damage and reparations;
10. benefits to war-disabled persons and to dependents of those
killed in the war, assistance to former prisoners of war, and care
of war graves;
10a. war graves of soldiers, graves of other victims of war and of
the victims of despotism; (inserted 16 June 1965)
11. the law relating to economic matters (mining, industry, supply
of power. crafts. trades, commerce, banking and stock exchanges,
private insurance);
11a. the production and utilization of nuclear energy for peaceful
purposes, the construction and operation of installations serving
these purposes, protection against dangers arising from the release
of nuclear energy or from ionizing rays, and removal of radioactive
material;
12. Labor law, including the legal organization of enterprises;
protection of workers, employment exchanges and agencies, as well
as social insurance, including unemployment insurance;
13. the regulation of educational and training grants and the
promotion of scientific research; (as amended 12 May 1969)
14. the law regarding expropriation, to the extent that matters
enumerated in Articles 73 and 74 are concerned;
15. transfer of land, natural resources and means of production
into public ownership or other forms of publicly controlled
economy;
16. prevention of the abuse of economic power;
17 promotion of agricultural and forest production, safeguarding of
the supply of food, the import and export of agricultural and
forest products, deep sea and coastal fishing, and preservation of
the coasts;
18. dealings in real estate, land law and matters concerning
agricultural leases, housing, settlements and homesteads;
19. measures against epidemic and infectious diseases of humans and
animals, admission to medical and other professions and practices
in the field of healing, traffic in drugs, medicines, narcotics,
and poisons;
19a. the economic viability of hospitals and the regulation of
hospitalization fees; (inserted 12 May 1969)
20. protection with regard to traffic in food and stimulants as
well as in necessities of life, in fodder, in agricultural and
forest seeds and seedlings, and protection of trees and plants
against diseases and pests;
21. ocean and coastal shipping as well as aids to navigation,
inland shipping, meteorological services, sea waterways 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 charges for
the use of public highways by vehicles and the allocation of
revenue therefrom; (amended 12 May 1969)
23. railroads other than Federal railroads, except mountain
railroads.
24. waste disposal, air pollution control and noise abatement.
(amended 12 May 1969)
(1) Concurrent legislative power shall further extend to the
remuneration and pensions of members of the public service whose
service and loyalty are governed by public law, insofar as the
Federation does not have exclusive power to legislate pursuant to
item 8 of Article 73.
(2) Federal statutes enacted pursuant to paragraph (1) of this
Article shall require the consent of the Bundesrat.
(3) Federal statutes enacted pursuant to item 8 of Article 73 shall
likewise require the consent of the Bundesrat, insofar as for the
structure and assessment of remuneration and pensions, including
the rating of posts, provision is made for criteria or minimum or
maximum rates other than those provided for in federal statutes
enacted pursuant to paragraph (I) of this Article.
(4) Paragraphs (1) and (2) of this Article shall apply mutatis
mutandis to the remuneration and pensions of judges in the Länder.
Paragraph (3) of this Article shall apply mutatis mutandis to
statutes enacted pursuant to paragraph (1) of Article 98.
Subject to the conditions of Article 72 the Federation has the
right to enact general rules concerning:
1. the legal status of persons in the public service of the Länder,
communities other corporate bodies of public law, insofar as
Article 74a does not provide otherwise;
1a. the general principles governing higher education. (inserted 12
May 1969)
2. the general rules of law concerning the status of the press and
motion pictures;
3. hunting, protection of nature and care of the countryside;
4. land distribution, regional planning and water
conservation;
5. matters relating to registration and identity cards.
(1) Bills are introduced in the Bundestag by the Federal
Government, by members of the Bundestag or by the Bundesrat.
(2) Bills of the Federal Government shall be submitted first to the
Bundesrat. The Bundesrat is entitled to state its position on these
bills within six weeks.
(3) Bills of the Bundesrat shall be submitted to the Bundestag by
the Federal Government within 3 months. In doing so the Federal
Government shall state its own views.
(1) Federal laws are adopted by the Bundestag. Upon their
adoption, they shall, without delay, be transmitted to the
Bundesrat by the President of the Bundestag.
(2) The Bundesrat may, within three weeks of the receipt of the
adopted bill, demand that a committee for joint consideration of
bills, composed of members of the Bundestag and the Bundesrat, be
convened. The composition and the procedure of this committee are
regulated by rules of procedure adopted by the Bundestag and
requiring the consent of the Bundesrat. The members of the
Bundesrat on this committee are not bound by instructions. Where
the consent of the Bundesrat is required for a law, the demand for
convening this committee may also be made by the Bundestag or the
Federal Government. Should the committee propose any amendment to
the adopted bill, the Bundestag must again vote on the bill.
(3) Insofar as the consent of the Bundesrat is not required for a
law, the Bundesrat may, if the proceedings under paragraph 2 are
completed, enter a protest within two weeks against a law adopted
by the Bundestag. This period begins, in the case of paragraph 2,
last sentence, on the receipt of the bill as re-adopted by the
Bundestag, in all other cases on the 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 protest is adopted by a majority of the votes of the
Bundesrat, it can be rejected by a decision of the majority of the
members of the Bundestag. If the Bundesrat adopted the protest by a
majority of at least two-thirds of its votes, the rejection by the
Bundestag requires a majority of two-thirds, including at least the
majority of the members of the Bundestag.
A bill adopted by the Bundestag is deemed to have been passed if the Bundesrat consents to it, does not make a demand pursuant to Article 77, paragraph 2, does not enter a protest within the time limited by Article 77 paragraph 3, or withdraws such protest, or if the protest is overridden by the Bundestag.
(1) The Basic law can be amended only by a law which expressly
amends or supplements the text thereof. With respect to
international treaties the subject of which is a peace settlement,
the preparation of a peace settlement or the abolition of an
occupation regime, or which are designed to serve the defense of
the Federal Republic, it shall be sufficient, for the purpose of a
clarifying interpretation to the effect that the provisions of the
Basic Law are not contrary to the conclusion and entry into force
of such treaties, to effect a supplementation of the Basic Law
confined to this clarifying interpretation.
(2) Such a law requires the affirmative vote of two thirds of the
members of the Bundestag and two-thirds of the votes of the
Bundesrat.
(3) An amendment of this Basic Law affecting the division of the
Federation into Länder, the participation in principle of the
Länder in legislation, or the basic principles laid down in
Articles 1 and 20, is inadmissible.
(1) The Federal Government, a Federal Minister or the Land
Governments may be authorized by a law to issue ordinances having
the force of law. The content, purpose and scope of the powers
conferred must be set forth in the law. The legal basis must be
stated in the ordinance. If a law provides that a power may be
further delegated, an ordinance having the force of law is
necessary in order to delegate the power.
(2) The consent of the Bundesrat is required unless otherwise
provided by Federal legislation, for ordinances having the force of
law issued by the Federal Government or a Federal Minister
concerning basic rules for the use of facilities of the Federal
railroads and of postal and telecommunication Services, or charges
therefore, or concerning the construction and operation of
railroads, as well as for ordinances having the force of law issued
on the basis of Federal laws that require the consent of the
Bundesrat Following provided courtesy of General Electric's Germany
& Europ or as masters of their own concern.
(1) Where this Basic Law or a federal statute on Defense,
including the protection of the civilian population, stipulates
that legal provisions may only be applied in accordance with this
Article, their application shall, except in a state of Defense, be
admissible only after the Bundestag has determined that a state of
tension (Spannungsfall) exists or where it has specifically
approved such application. In respect of the cases mentioned in the
first sentence of paragraph (5) and the second sentence of
paragraph (6) of Article 12a, such determination of a state of
tension and such specific approval shall require a two-thirds
majority of the votes cast.
(2) Any measures taken by virtue of legal provisions enacted under
paragraph (1) of this Article shall be revoked whenever the
Bundestag so demands.
(3) In derogation of paragraph (1) of this Article, the application
of such legal provisions shall also be admissible by virtue of and
in accordance with a decision taken with the consent of the Federal
Government by an international body within the framework of a
treaty of alliance. Any measures taken pursuant to this paragraph
shall be revoked whenever the Bundestag so demands with the
majority of its members.
(1) Should in the circumstances of Article 68 the Bundestag not
be dissolved, the Federal President may, at the request of the
Federal Government and with the consent of the Bundesrat, 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 applies if a bill has been
rejected although the Federal Chancellor had combined with it the
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
declared to be unacceptable to the Federal Government the bill is
deemed to have been passed insofar as the Bundesrat consents to it.
The same applies if the bill is not adopted by the Bundestag within
four weeks of its reintroduction.
(3) During the term of office of a Federal Chancellor, any other
bill rejected by the Bundestag may be passed in accordance with
paragraphs 1 and 2 within a period of six months after the first
declaration of a state of legislative emergency. After expiration
of this period, a further declaration of a state of legislative
emergency is inadmissible during the term of office of the same
Federal Chancellor.
(4) The Basic Law may not be amended nor be repealed nor suspended
in whole or in part by a law Passed pursuant to paragraph 2.
(1) Laws passed in accordance with the provisions of this Basic
Law will, after countersignature, be signed by the Federal
President and promulgated in the Federal Gazette. Ordinances having
the force of law will be signed by the agency which issues them,
and unless otherwise provided by law, will be promulgated in the
Federal Gazette.
(2) Every law and every ordinance having the force of law should
specify its effective date. In the absence of such a provision, it
becomes effective on the fourteenth day after the end of the day on
which the Federal Gazette was published.
The Länder execute Federal laws as matters of their own concern insofar as this Basic Law does not otherwise provide or permit.
(1) If the Länder execute Federal laws as matters of their own
concern, they provide for the establishment of authorities and the
regulation of administrative procedures insofar as Federal laws
consented to by the Bundesrat do not otherwise provide.
(2) The Federal Government may, with the consent of the Bundesrat,
issue general administrative rules.
(3) The Federal Government exercises supervision to ensure that the
Länder execute Federal laws in accordance with applicable law. For
this purpose the Federal Government may send commissioners to the
highest Land authorities and, with their consent or, if this
consent is refused, with the consent of the Bundesrat, also to
subordinate authorities.
(4) Should any shortcomings which the Federal Government has found
to exist in the execution of Federal laws in the Länder not be
corrected, the Bundesrat decides, on the application of the Federal
Government or the Land whether the Land has acted unlawfully. The
decision of the Bundesrat may be challenged in the Federal
Constitutional Court.
(5) For the execution of Federal laws, the Federal Government may,
by Federal law requiring the consent of the Bundesrat, be
authorized to issue individual instructions for particular cases.
They must be addressed to the highest Land authorities unless the
Federal Government considers the matter urgent.
(1) Where the Länder execute Federal laws as agents of the
Federation, the establishment of the authorities remains the
concern of the Länder insofar as Federal laws consented to by the
Bundesrat do not otherwise provide.
(2) The Federal Government may with the consent of the Bundesrat,
issue general administrative rules. It may regulate the uniform
training of civil servants and salaried government employees The
heads of authorities at Intermediate level shall be appointed with
its agreement.
(3) The Land authorities are subject to the instructions of the
appropriate highest Federal authorities. The instructions shall be
addressed to the highest Land authorities unless the Federal
Government considers the matter urgent. Execution of the
instructions shall be ensured by the highest Land
authorities.
(4) Federal supervision extends to the conformity with law and
appropriateness of the execution. The Federal Government may, for
this purpose, require the submission of reports and documents and
send commissioners to all authorities.
Where the Federation executes laws by Federal administrative agencies or by Federal bodies-corporate or institutions under public law, the Federal Government issues, insofar as the law contains no special provision, the general administrative rules. It provides for the establishment of authorities insofar as the law does not otherwise provide.
(1) The foreign service the Federal finance administration, the
Federal railroads, the Federal postal service and, in accordance
with the provisions of Article 89, the administration of the
Federal waterways and of shipping are conducted as matters of
Federal administration with their own subordinate administrative
structure, Federal frontier protection authorities and central
offices for police information and communications, for the
compilation of data for the purpose of protecting the Constitution
and for the criminal police may be established by Federal
legislation.
(2) Social insurance institutions whose sphere of competence
extends beyond the territory of one Land are conducted as Federal
bodies-corporate under public law.
(3) In addition, independent Federal higher authorities and Federal
bodies- corporate and institutions under public law may be
established by Federal law for matters on which the Federation has
the power to legislate. If new functions arise for the Federation
in matters on which it has the power to legislate, Federal
authorities at intermediate and lower level may be established in
case of urgent need, with the consent of the Bundesrat and of the
majority of the members of the Bundestag.
(1) The Federation shall establish Armed Forces for Defense
purposes. Their numerical strength and general organizational
structure shall be shown in the budget.
(2) Apart from Defense, the Armed Forces may only be used insofar
as explicitly permitted by this Basic Law.
(3) While a state of Defense or a state of tension exists, the
Armed Forces shall have the power to protect civilian property and
discharge functions of traffic control insofar as this is necessary
for the performance of their Defense mission. Moreover, the Armed
Forces may, when a state of Defense or a state of tension exists,
be entrusted with the protection of civilian property also in
support of police measures; in this event the Armed Forces shall
cooperate with the competent authorities.
(4) In order to avert any imminent danger to the existence or to
the free democratic basic order of the Federation or a Land, the
Federal Government may, should conditions as envisaged in paragraph
(2) of Article 91 obtain and the police forces and the Federal
Border Guard be inadequate, use the Armed Forces to support the
police and the Federal Border Guard in the protection of civilian
property and in combating organized and militantly armed
insurgents. Any such use of the Armed Forces shall be discontinued
whenever the Bundestag or the Bundesrat so demands.
(1) The administration of the Federal defense Forces shall be
conducted as a Federal administration with its own administrative
substructure. Its function shall be to administer matters
pertaining to personnel and to the immediate supply of the material
requirements of the Armed Forces. Tasks connected with benefits to
invalids or construction work shall not be assigned to the
administration of the Federal Defense Forces except by Federal
legislation which shall require the consent of the Bundesrat. Such
consent shall also be required for any legislative provisions
empowering the administration of the Federal Defense Forces to
interfere with rights of third parties: this shall, however, not
apply in the case of laws concerning personnel.
(2) Moreover, Federal laws concerning defense including recruitment
for military service and protection of the civilian population may,
with the consent of the Bundesrat, stipulate that they shall be
carried out, wholly or in part, either under Federal administration
with its own administrative substructure or by the Länder acting as
agents of the Federation. If such laws are executed by the Länder
acting as agents of the Federation, they may, with the consent of
the Bundesrat, stipulate that the powers vested by virtue of
Article 85 in the Federal Government and appropriate highest
Federal authorities shall be transferred wholly or partly to higher
Federal authorities in such an event it may be enacted that these
authorities shall not require the consent of the Bundesrat in
issuing general administrative rules as referred to in Article 85
paragraph (2) first sentence.
Laws enacted under item 11a of Article 74 may, with the consent of the Bundesrat stipulate that they shall be executed by the Länder acting as agents of the Federation.
The Federation establishes a note-issuing and currency bank as the Federal bank.
(1) The Federation is the owner of the former Reich
waterways.
(2) The Federation administers the Federal waterways through its
own authorities. It exercises the public functions relating to
inland shipping which extend beyond the territory of one Land and
those relating to maritime shipping which are conferred on it by
law. Upon request, the Federation may transfer the administration
of Federal waterways insofar as they lie within the territory of
one Land, to this Land as an agent. If a waterway touches the
territories of several Länder the Federation may designate as its
agent one Land if so requested by the Länder concerned.
(3) In the administration, development and new construction of
waterways the needs of soil cultivation and of regulating water
supply shall be safeguarded in agreement with the Länder .
(1) The Federation is the owner of the former Reich motor roads
and Reich highways.
(2) The Länder, or such self-governing bodies-corporate as are
competent under Land law, administer as agents of the Federation
the Federal motor roads and other Federal highways used for
long-distance traffic.
(3) At the request of a Land, the Federation may take under direct
Federal administration Federal motor roads and other Federal
highways used for long-distance traffic, insofar as they lie within
the territory of the Land.
(1) In order to avert any imminent danger to the existence or to
the free democratic basic order of the Federation or of a Land, a
Land may request the services of the police forces of other Länder
or of the forces and facilities of other administrative authorities
and the Federal Border Guard.
(2) If the Land in which the danger is imminent is not itself
willing or able to fight the danger, the Federal Government may
place the police in that Land and the police forces of other Länder
under its own instructions and use units of the Federal Border
Guard. The order for this shall be rescinded after the danger is
past, or else at any time on the demand of the Bundesrat. Where the
danger extends to a region larger than a Land, the Federal
Government may, insofar as is necessary for effectively combating
such danger, issue instructions to the Land governments; the first
and second sentences of this paragraph shall not be affected by
this provision.
(1) The Federation shall participate. in the following sectors,
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. extension and construction of institutions of higher education,
including university clinics;
2. improvement of regional economic structures;
3. improvement of the agrarian structure and of coast
preservation.
(2) Joint tasks shall be defined in detail by a federal statute
requiring the consent of the Bundesrat. Such legislation should
include general principles governing the discharge of joint
tasks.
(3) Such legislation shall provide for the procedure and the
institutions required for joint overall planning. The inclusion of
a project in the overall planning shall require the consent of the
Land in which it is to be carried out.
(4) In cases to which items I and 2 of paragraph (1) of this
Article apply, the Federation shall meet one half of the
expenditure in each Land. In cases to which item 3 of paragraph (1)
of this Article applies, the Federation shall meet at least one
half of the expenditure, and such proportion shall be the same for
all the Länder. Details shall be regulated by statute. Provision of
funds shall be subject to appropriation in the budgets of the
Federation and the Länder.
(5) The Federal Government and the Bundesrat shall be informed
about the execution of joint tasks, should they so demand.
The judicial authority is vested in the judges; it is exercised by the Federal Constitutional Court, by the Supreme Federal Court, by the Federal courts provided for in this Basic Law and by the courts of the Länder.
(1) The Federal Constitutional Court decides:
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
organ or of other parties concerned who have been endowed with
independent rights by this Basic Law or by rules of procedure of a
supreme Federal organ;
2. in case of differences of opinion or doubts on the formal and
material compatibility of Federal law or Land law with this Basic
law, or on the compatibility of Land law with other Federal law, at
the request of the Federal Government, of a Land government or of
one-third of the Bundestag members;
3. in case of differences of opinion on the rights and duties of
the Federation and the Länder, particularly in the execution of
Federal law by the Länder and in the exercise of Federal
supervision;
4. on other disputes of public law between the Federation and the
Länder between different Länder or within a Land, unless recourse
to another court exists;
4a. on complaints of unconstitutionality, which may be entered by
any person who claims 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 violated by public authority;
4b. on complaints of unconstitutionality entered by communes or
associations of communes on the ground that their right to
self-government under Article 28 has been violated by a statute
other than a Land statute open to complaint to the respective Land
constitutional court;
5. in the other cases provided for in this Basic Law.
(2) The Federal Constitutional Court shall also act in such cases
as are otherwise assigned to it by Federal law.
(1) The Federal Constitutional Court consists of Federal judges
and other members. Half of the members of the Federal
Constitutional Court are elected by the Bundestag and half by the
Bundesrat. They may not belong to the Bundestag, the Bundesrat, the
Federal Government or the corresponding organs of a Land.
(2) Its constitution and procedures will be regulated by a Federal
law, which will specify in what cases its decisions shall have the
force of law.
(1) To preserve the uniformity of application of Federal law, a
a Supreme Federal Court will established.
(2) The Supreme Federal Court decides cases in which the decision
is fundamental importance for the uniformity of the administration
of justice by the higher Federal courts.
(3) The judges of the Supreme Federal Court are selected jointly by
the Federal Minister of justice and a committee for the selection
of judges consisting of the Land Ministers of justice and an equal
number of members elected by the Bundestag.
(4) In other respects the constitution of the Supreme Federal Court
and is procedure will be regulated by Federal legislation.
(1) The Federation may establish a federal court for matters
concerning industrial property rights.
(2) The Federation may establish military criminal courts for the
Armed Forces as federal courts. They may only exercise criminal
jurisdiction while a state of defence exists, and otherwise only
over members of the Armed Forces serving abroad or on board
warships. Details shall be regulated by federal statute. These
courts shall be within the competence of the Federal Minister of
Justice. Their full-time judges shall be persons qualified to hold
judicial office.
(3) The highest court of justice for appeals from the courts
mentioned in paragraphs (I) and (2) of this Article shall be the
Federal Court of Justice .
(4) The Federation may establish federal courts for disciplinary
proceedings against, and for proceedings in pursuance of complaints
by, persons in the federal public service.
(5) In respect of criminal proceedings under paragraph ( I ) of
Article 26 or involving the protection of the State, a federal
statute requiring the consent of the Bundesrat may provide that
Land courts shall exercise federal jurisdiction.
(1) The judges are independent and subject only to the
law.
(2) Judges appointed permanently on a full time basis to an
established post can, against their will, be dismissed, or
permanently or temporarily suspended from office or transferred to
another post or retired before expiration of their term of office
only under authority of a judicial decision and only on grounds and
in the form provided by law. Legislation may set age limits for the
retirement of judges appointed for life. In the event of changes in
the structure of the courts or their areas of jurisdiction, judges
may be transferred to another court or removed from their office,
provided they retain their full salary.
(1) The legal status of the Federal judges shall be regulated by
a Special Federal law.
(2) If a Federal judge, in his official capacity or unofficially,
infringes upon the principle of the Basic Law or the constitutional
order of a Land, the Federal Constitutional Court may decide by a
two-thirds majority, upon the request of the Bundestag, that the
judge be transferred to another office or placed on the retired
list. In a case of an intentional infringement. his dismissal may
be ordered.
3) The legal status of the judges in the Länder shall be regulated
by special Land laws. The Federation may enact outline provisions,
insofar as paragraph (4) of Article 74a does not provide
otherwise.
(4) The Länder may provide that the Land Minister of Justice
together with a committee for the selection of judges shall decide
on the appointment of judges in the Länder.
(5) The Länder may, with respect to Land judges, enact provisions
corresponding with paragraph 2. Existing Land constitutional law
remains unaffected. The decision in a case of impeachment of a
judge rests with the Federal Constitutional Court.
The decision on constitutional disputes within a Land may be assigned by a Land law to the Federal Constitutional Court, and the decision of last instance in matters involving the application of Land law, to the higher Federal courts of justice referred to in paragraph (1) of Article 95.
(1) Where a court considers a law unconstitutional, the validity
of which is relevant to its decision, the proceedings shall be
stayed, and a decision shall be obtained from the Land court
competent for constitutional disputes if the matter concerns the
violation of the constitution of a Land, or from the Federal
Constitutional Court if the matter concerns the violation of the
Basic Law. This also applies if the matter concerns the violation
of this Basic Law by Land law or the incompatibility of a Land law
with a Federal law.
(2) If, in the course of litigation doubt exists whether a rule of
public international law forms part of the Federal law and whether
such rule directly creates rights and duties for the individual
(Article 25), the court shall obtain the decision of the Federal
Constitutional Court.
(3) Where the constitutional court of a Land, in interpreting the
Basic Law, intends to deviate from a decision of the Federal
Constitutional Court or of the constitutional court of another
Land, it must obtain the decision of the Federal Constitutional
Court.
(1) Extraordinary courts are inadmissible. No one may be removed
from the jurisdiction of his lawful judge.
(2) Courts for special fields may be established only by law.
Capital punishment is abolished.
(1) In the courts everyone is entitled to a hearing in
accordance with the law.
(2) An act can be punished only if it was a punishable offense by
law before the act was committed.
(3) No one may be punished for the same act more than once in
pursuance of general penal legislation.
(1) The freedom of the individual may be restricted only on the
basis of a formal law and only with due regard to the forms
prescribed therein. Detained persons may be subjected neither to
mental nor to physical ill-treatment.
(2) Only judges may decide on admissibility or extension of a
deprivation of liberty. Where such deprivation is not based on the
order of a judge, a judicial decision must be obtained without
delay. The police my hold no one on their own authority in their
own custody longer than the end of the day after the arrest.
Details shall be regulated by legislation.
(3) Any person provisionally detained on-suspicion of having
committed a punishable offense must be brought before a judge at
the latest on the day following the arrest; the judge shall inform
him of the reasons for detention, examine him and give him an
opportunity to raise objections. The judge must, without delay,
either issue a warrant of arrest setting forth the reasons
therefore or order the release from detention.
(4) A relative of the person detained or a person enjoying his
confidence must be notified without delay of any judicial decision
ordering or extending a deprivation of liberty.
(1) The Federation and the Länder shall separately meet the
expenditure resulting from the discharge of their respective tasks
insofar as this Basic Law does not provide otherwise.
(2) Where the Länder act as agents of the Federation, the
Federation shall meet the resulting expenditure.
(3) Federal statutes to be executed by the Länder and granting
money payments may make provision for such payments to be met
wholly or in part by the Federation. Where any such statute
provides that the Federation shall meet one half of the expenditure
or more, it shall be implemented by the Länder as agents of the
Federation. Where any such statute provides that the Länder shall
meet one quarter of the expenditure or more, it shall require the
consent of the Bundesrat.
(4) The Federation may grant the Länder financial assistance for
particularly important investments by the Länder or communes or
associations of communes, provided that such investments are
necessary to avert a disturbance of the overall economic
equilibrium or to equalize differences of economic capacities
within the federal territory or to promote economic growth.
Details, especially concerning the kinds of investments to be
promoted, shall be regulated by a federal statute requiring the
consent of the Bundesrat or by administrative arrangements under
the federal budget law.
(5) The Federation and the Länder shall meet the administrative
expenditure incurred by their respective authorities and shall be
responsible to each other for ensuring proper administration.
Details shall be regulated by a federal statute requiring the
consent of the Bundesrat.
(1) The Federation has the exclusive power to legislate on
customs and fiscal monopolies
(2) The Federation shall have concurrent power to legislate on all
other taxes the revenue from which accrues to it wholly or in part
or where the conditions provided for in paragraph (2) of Article 72
apply.
(2a) The Länder shall have power to legislate on local excise taxes
as long and insofar as they are not identical with taxes imposed by
federal legislation.
(3) Federal laws relating to taxes the yield of which accrues in
whole or in pan to the Länder or the communities (community
associations) requite the consent of the Bundesrat.
(1) The yield of fiscal monopolies and receipts from the
following tares shall accrue to the Federation:
1. customs duties
2. such excise taxes as do not accrue to the Länder in accordance
with paragraph (2),
3. turnover tax
4. transportation tax,
5. non-recurrent capital levies, and equalization taxes imposed for
the purpose of implementing the equalization of burdens
legislation,
6. Berlin emergency aid tax.
7. supplementary levies on income and corporation taxes.
(2) Receipts from the following taxes shall accrue to the
Länder:
1. Property tax,
2. inheritance tax,
3. motor-vehicle tax,
4. such taxes on transactions that do not accrue to the Federation
in accordance with paragraph (1),
5. beer tax
6. levies on gambling establishments,
7. taxes on real estate and business,
8. taxes with localized application.
(3) Receipts from income tax and corporation tax shall accrue:
until 31 March 1958, to the Federation and the Länder in a ratio of
33 1/3 per cent to 65 per cent, and from 1 April 1958, to the
Federation and the Länder in a ratio of 35 per cent to 65 per
cent.
(4) The ratio of appointment of the income and corporation taxes
paragraph (3) should be modified by a Federal law requiring the
consent of the Bundesrat whenever the development of the relation
of revenues to expenditures in the Federation differs from that in
the Länder and whenever the budgetary needs of the Federation or
those of the Länder exceed the estimated revenues by a margin
substantial enough to call for a corresponding adjustment of the
ratio of apportionment in favor of either the Federation or the
Länder. Any such adjustment shall be based on the following
principles:
1. The Federation and the Länder shall each bear the expenditures
resulting from the administration of their respective tasks;
Article 120 paragraph (1) shall not be affected;
2. There shall be equality of rank between the claim of the
Federation and the claim of the Länder to have their respective
necessary expenditures covered from ordinary revenues;
3. The requirements of the Federation and of the Länder in respect
of budget coverage shall be coordinated in such a way that a fair
equalization is achieved, any overburdening of taxpayers precluded,
and uniformity of living standards in the Federal territory
ensured.
The ratio of apportionment may be modified for the first time with
effect from I April 1958 and subsequently at intervals of not less
than two years after the entry into force of any law determining
such ratio; provided that this stipulation shall not affect any
notification of such ratio effected in accordance with paragraph
(5).
(5) If a Federal law Imposes additional expenditures on, or
withdraws revenues from the Länder, the ratio of apportionment of
the income and corporation taxes shall be modified m favor of the
Länder, provided that conditions as envisaged in paragraph (4) have
developed. If the additional burden placed upon the Länder is
limited to a period of short duration, such burden may be
compensated by grants from the Federation under a Federal law
requiring the consent of the Bundesrat and which shall lay down the
principles for assessing the amounts of such grants and for
distributing the them among the Länder.
(6) Receipts from taxes on real estate and businesses shall accrue
to the communes. In case there are no communes in a Land the
receipts shall accrue to the Land. In accordance with Land
legislation, taxes on real estate and businesses may be used to
ascertain assessments and surtaxes. The receipts of the Länder from
income tax and corporation tax shall accrue to the communes and
associations of communes in a percentage to be determined by Land
legislation. Furthermore, the Land legislation shall determine
whether and how much of the receipts of the Land taxes shall accrue
to the communes (associations of communes).
(7) If the Federation establishes special institutions in the
Länder or communes (association of communes) which cause immediate
higher expenditures or lower receipts to those Länder or communes
(associations of communes), the Federation shall grant the
necessary financial equalization, if and insofar it is anticipated
that the Länder or communes (associations of communes) are unable
to bear these special burdens. Compensation by a third party and
financial advantages which accrue to these Länder or communes
(associations of communes as a consequence of these institutions
shall be considered in such equalization.
(8) For the purposes of the present Article, revenues and
expenditures of communes (associations of communes) shall be deemed
to be Land revenues and expenditures
(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 revenue authorities
within their respective territories (local revenue). A federal
statute requiring the consent of the Bundesrat may provide in
detail for the delimitation as well as the manner and scope of
allotment of local revenue from corporation and wage taxes. such
statute may also provide for the delimitation and allotment of
local revenue from other taxes. The Land share of revenue from the
turnover tax shall accrue to the individual Länder on a per capita
basis; a federal statute requiring the consent of the Bundesrat may
provide for supplementary shares not exceeding one quarter of a
Land share to be granted to Länder whose per capita revenue from
Land taxes and from the income and corporation taxes is below the
average of all the Länder combined.
(2) Such statute shall ensure a reasonable equalization between
financially strong and financially weak Länder, due account being
taken of the financial capacity and financial requirements of
communes or associations of communes. Such statute shall specify
the conditions governing equalization claims of Länder entitled to
equalization payments and equalization liabilities of Länder owing
equalization payments as well as the criteria for determining the
amounts of equalization payments. Such statute may also provide for
grants to be made by the Federation from federal funds to
financially weak Länder in order to complement the coverage of
their general financial requirements (supplementary grants).
(1) Customs, fiscal monopolies, the excise taxes subject to
federal legislation, including the import turnover tax, and charges
imposed within the framework of the European Communities shall be
administered by federal revenue authorities. The organization of
these authorities shall be regulated by Federal law. The heads of
the authorities at intermediate level shall be appointed after
consultation of the Land governments.
(2) All other taxes shall be administered by Land revenue
authorities. The organization of these authorities and the uniform
training of their civil servants may be regulated by a federal
statute requiring the consent of the Bundesrat. The heads of
authorities at the intermediate level 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 Land revenue authorities, those
authorities shall act as agents of the Federation. Paragraphs (3)
and (4) of Article 85 shall apply, the Federal Minister of Finance,
however, being substituted for the Federal Government.
(4) In respect of the administration of taxes, a federal statute
requiring the consent of the Bundesrat may provide for
collaboration between federal and Land revenue authorities, or in
the case of taxes under paragraph (1) of this Article for their
administration by Land revenue authorities, or i the case of other
taxes for their administration by federal revenue authorities,
where and to the extend that the execution of revenue statutes is
substantially improved or facilitated thereby. As regards taxes the
revenue from which accrues exclusively to communes or associations
of communes, their administration may wholly or in part be
transferred by the Länder from the appropriate Land revenue
authorities to communes or associations of communes.
(5) The procedure to be applied by federal revenue authorities
shall be laid down by federal legislation. The procedure to be
applied by Land revenue authorities or, as envisaged in the second
sentence of paragraph 4 of this Article, by communes or
associations of communes may be laid down by federal statute
requiring the consent of the Bundesrat.
(6) The jurisdiction of revenue courts shall be uniformly regulated
by federal legislation.
(7) The Federal Government may issue appropriate general
administrative rules which, to the extent that administration is
entrusted to Land revenue authorities or communes or associations
of communes, shall require the consent of the Bundesrat.
(1) The Federation and the Länder shall be autonomous and
independent of each other in their budget management.
(2) The Federation and the Länder shall have due regard in their
budget management to the requirements of overall economic
equilibrium.
(3) Through federal legislation requiring the consent of the
Bundesrat, principles applicable to both the Federation and the
Länder may be established governing budgetary law, responsiveness
of budget management to economic trends, and financial planning to
cover several years ahead.
(4) With a view to averting disturbances of the overall economic
equilibrium, federal legislation requiring the consent of the
Bundesrat may be enacted providing for:
1. maximum amounts, terms and timing of loans to be raised by
territorial entities (Gebietskörperschaften) or special purpose
associations (Zweckverbände), and
2. an obligation on the part of the Federation and the Länder to
maintain interest-free deposits at the Deutsche Bundesbank
(reserves for counterbalancing economic trends).
Authorizations to issue the relevant ordinances may be conferred on
Federal Government only. Such ordinances shall require the consent
the Bundesrat. They shall be repealed insofar as the Bundestag may
demand; details shall be regulated by federal legislation.
(1) All revenues and expenditures of the Federation shall be
included in the budget; in respect of federal enterprises and
special assets, allocations thereto or remittances therefrom need
be included. The budget shall be balanced as regards revenue and
expenditure.
(2) The budget shall be laid down in a statute covering one year or
several fiscal years separately before the beginning of the first
of those fiscal years. Provision may be made for parts of the
budget to apply to periods of different duration, but divided into
fiscal years.
(3) Bills within the meaning of the first sentence of paragraph (2)
of this Article as well as bills to amend the budget statute and
the budget be submitted simultaneously to the Bundesrat and to the
Bundestag; the Bundesrat shall be entitled to state its position on
such bills within weeks or, in the case of amending bills, within
three weeks.
(4) The budget statute may contain only such provisions as apply to
revenues and expenditures of the Federation and to the period for
which the budget statute is being enacted. The budget statute may
stipulate these provisions shall cease to apply only upon the
promulgation of the next budget statute or, in the event of an
authorization pursuant to Article 115, at a later date.
(1) If, by the end of a fiscal year, the budget for the
following year has not been established by a law, the Federal
Government may, until such law comes into force, make all payments
which are necessary:
(a) to maintain institutions existing by law and to carry out
measures authorized by law;
(b) to meet legal obligations of the Federation;
(c) to continue building projects, procurements and other services
or to continue the grant of subsidies for these purposes, provided
amounts have already been authorized in the budget of a previous
year.
(2) Insofar as revenues provided by special legislation and derived
from taxes, levies, or other sources, or the working capital
reserves, do not cover the expenditures set forth in paragraph 1,
the Federal Government may borrow the funds necessary for the
conduct of current operations to a maximum of one quarter of the
total amount of the previous budget.
Expenditures in excess of budgetary appropriations and extra budgetary expenditures shall require the consent of the Federal Minister of Finance. Such consent may be given only in the case of an unforeseen and compelling necessity. Details may be regulated by federal legislation.
(1) Statutes increasing the budget expenditures proposed by the
Federal Government or involving or likely in future to cause new
expenditures shall require the consent of the Federal Government.
This shall also apply to statutes involving or likely in future to
cause decreases in revenue. The Federal Government may demand that
the Bundestag postpone vote on such bills. In this case the Federal
Government shall state its position to the Bundestag within six
weeks.
(2) Within four weeks after the Bundestag has adopted such a bill,
Federal Government may demand that it votes on that bill
again.
(3) Where the bill has become a statute pursuant to Article 78, the
Fed, 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 (I) or in paragraph (2) of the
present Article. Upon the expiry of this period such consent shall
be deemed to have been given.
(1) The Federal Minister of Finance shall, on behalf of the
Federal Government, submit annually to the Bundestag and to the
Bundesrat their approval an account, covering the preceding fiscal
year, of revenues and expenditures as well as of property and
debt.
(2) The Federal Audit Office, the members of which shall enjoy
judicial independence, shall audit the account and examine the
management the budget and the conduct of business as to economy and
correctness. The Federal Audit Office shall submit an annual report
directly to Federal Government as well as to the Bundestag and to
the Bundesrat In all other respects the powers of the Federal Audit
Office shall regulated by federal legislation.
(1) The borrowing of funds and the assumption of pledges,
guarantee or other commitments, as a result of which expenditure
may be incurred in future fiscal years, shall require federal
legislative authorization indicating, or permitting computation of,
the maximum amount involved. Revenue obtained by borrowing shall
not exceed the total expenditures for investments provided for in
the budget; exceptions shall be permissible only to avert a
disturbance of the overall economic equilibrium. Details shall be
regulated by federal legislation.
(2) In respect of special assets of the Federation, exceptions to
the provisions of paragraph ( I ) of this Article may be authorized
by federal legislation.
(1) The determination that federal territory is being attacked
by armed force or that such an attack is directly imminent (state
of Defense) shall be made by the Bundestag with the consent of the
Bundesrat. Such determination shall be made at the request of the
Federal Government and shall require a two- thirds majority of the
votes cast, which shall include at least the majority of the
members of the Bundestag.
(2) Where the situation imperatively calls for immediate action and
where insurmountable obstacles prevent the timely assembly of the
Bundestag, or where there is no quorum in the Bundestag, the Joint
Committee shall make this determination with a two-thirds majority
of the votes cast, which shall include at least the majority of its
members.
(3) The determination shall be promulgated in the Federal Law
Gazette by the Federal President pursuant to Article 82. Where this
cannot done in time, the promulgation shall be effected in another
manner; it shall subsequently be printed in the Federal Law Gazette
as soon as circumstances permit.
(4) Where the federal territory is being attacked by armed force
and where the competent bodies of the Federation are not in a
position at once to make the determination provided for in the
first sentence of paragraph ( I ) of this Article, such
determination shall be deemed to have been made and promulgated at
the time the attack began. The Federal President shall announce
such time as soon as circumstances permit.
(5) Where the determination of the existence of a state of Defense
has been promulgated and where the federal territory is being
attacked by armed force, the Federal President may, with the
consent of the Bundestag, issue declarations under international
law regarding the existence of such state of Defense. Where the
conditions mentioned in paragraph (2) of this Article apply, the
Joint Committee shall act in substitution for the Bundestag.
Upon the promulgation of a state of Defense, the power of command over the Armed Forces shall pass to the Federal Chancellor.
(1) The Federation shall have the right to legislate
concurrently in respect of a state of Defense even on matters
within the legislative powers of the Länder. Such statutes shall
require the consent of the Bundesrat.
(2) Federal legislation to be applicable upon the occurrence of a
state of Defense to the extent required by conditions obtaining
while such state of Defense exists may make:
1. preliminary provision for compensation to be made in the event
of property being taken, in derogation of the second sentence of
paragraph (3) of Article 14;
2. provision for a time-limit other than that referred to in the
third sentence of paragraph (2) and the first sentence of paragraph
(3) of Article 104 in respect of deprivations of liberty, but not
exceeding four days at the most, in a case where no judge has been
able to act within the time- limit applying in normal times.
(3) Federal legislation to be applicable upon the occurrence of a
state of Defense to the extent required for averting an existing or
directly imminent attack may, subject to the consent of the
Bundesrat, regulate the administration and the financial system of
the Federation and the Länder in derogation of Sections Vlll, VIIIa
and X, provided that the viability of the Länder, communes and
associations of communes is safeguarded, particularly in financial
matters.
(4) Federal statutes enacted pursuant to paragraph (1) or
subparagraph 1 of paragraph (2) of this Article may, for the
purpose of preparing for their enforcement, be applied even prior
to the occurrence of a state of Defense.
(1) While a state of Defense exists, the provisions of
paragraphs (2) and (3) of this Article shall apply in respect of
federal legislation, in derogation of the provisions of paragraph
(2) of Article 76, the second sentence of paragraph (1) and
paragraph (2) to (4) of Article 77, Article 78, and paragraph (1)
of Article 82.
(2) Bills submitted as urgent by the Federal Government 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 together without delay. Insofar as the consent of the
Bundesrat is necessary, the majority of its votes shall be required
for any such bill to become a statute. 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 mutatis mutandis in respect of the promulgation of such
statutes.
(1) Where, in a state of Defense, the Joint Committee determines
with a two- thirds majority of the votes cast, which shall include
at least the majority of its members, that insurmountable obstacles
prevent the timely assembly of the Bundestag or that there is no
quorum in the Bundestag, the Joint Committee shall have the status
of both the Bundestag and the Bundesrat and shall exercise their
rights as one body.
(2) The Joint Committee may not enact any statute to amend this
Basic Law or to deprive it of effect or application either in whole
or in part. The Joint Committee shall not be authorized to enact
statutes pursuant to paragraph (1) of Article 24 or to Article
29.
(1) In a state of Defense, the Federal Government may, to the
extent necessitated by circumstances:
1. use the Federal Border Guard throughout the federal
territory;
2. issue instructions not only to federal administrative
authorities but also to Land governments and, where it deems the
matter urgent, to Land authorities, and may delegate this power to
members of Land governments to be 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.
The constitutional status and the performance of the constitutional functions of the Federal Constitutional Court and its judges shall not be impaired. The Federal Constitutional Court Act may not be amended by a statute enacted by the Joint Committee except insofar as such amendment is required. also in the opinion of the Federal Constitutional Court, to maintain the capability of the Court to function. Pending the enactment of such a statute, the Federal Constitutional Court may take such measures as are necessary to maintain the capability of the Court to carry out its work. Any decisions by the Federal Constitutional Court in pursuance of the second and third sentences of this Article shall require a two-thirds majority of the judges present.
(1) Any legislative terms of the Bundestag or of Land
parliaments due to expire while a state of Defense exists shall end
six months after the termination of such state of Defense. A term
of office of the Federal President due to expire while a state of
Defense exists, and the exercise of his functions by the President
of the Bundesrat in case of the premature vacancy of the Federal
President s office. shall end nine months after the termination of
such state of Defense. The term of office of a member of the
Federal Constitutional Court due to expire while a state of Defense
exists shall end six months after the termination of such state of
Defense.
(2) Should the necessity arise for the Joint Committee to elect a
Federal Chancellor, the Committee shall do so with the majority o
members; the Federal President shall propose a candidate to the
Joint Committee. The Joint Committee can express its lack of
confidence the Federal Chancellor only by electing a successor with
a two-thirds majority of its members.
(3) The Bundestag shall not be dissolved while a state of Defense
exists.
(1) Where the competent federal bodies are incapable of taking
measures necessary to avert the danger, and where the situation
imperatively calls for immediate independent action in individual
pats of the federal territory, the Land governments or the
authorities or commissioners designated by them shall be authorized
to take, within their respective spheres of competence, the
measures provided for in paragraph (l) of Article 115f.
(2) Any measures taken in accordance with paragraph (1) of the
present Article may be revoked at any time by the Federal
Government, or, in relation to Land authorities and subordinate
federal authorities, by L minister-presidents.
(1) Statutes enacted in accordance with Articles 115c, 115e and
115g as well as ordinances issued by virtue of such statutes,
shall, for the duration of their applicability, suspend law which
is inconsistent with such statutes or ordinances. This shall not
apply to earlier legislation enacted by virtue of Articles 115c,
115e or 115g. (2) Statutes adopted by the Joint Committee, as well
as ordi
nances is~ by virtue of such statutes, shall cease to have effect
not later than months after the termination of a state of
Defense.
(3) Statutes containing provisions that diverge from Articles 91a,
104a, 106 and 107 shall apply no longer than the end of the second
fiscal year following upon the termination of a state of Defense.
After such termination they may, with the consent of the Bundesrat,
be amended by federal legislation so as to return to the provisions
made in Sections VIIIa and X.
(1) The Bundestag, with the consent of the Bundesrat, may at any
time repeal statutes enacted by the Joint Committee. The Bundesrat
may demand that the Bundestag make a decision on such matter. Any
measures taken by the Joint Committee or the Federal Government to
avert a danger shall be revoked where the Bundestag and the
Bundesrat so decide.
(2) The Bundestag, with the consent of the Bundesrat, may at any
time declare a state of Defense terminated by a decision to be
promulgated by the Federal President. The Bundesrat may demand that
the Bundestag make a decision on such matter. A state of Defense
shall, without delay, be declared terminated where the
prerequisites for the determination thereof no longer exist.
(3) The conclusion of peace shall be the subject of a federal
statute.
(1) Unless otherwise provided by law, a German within the
meaning of this Basic Law is a person who possesses German
citizenship who has been admitted to the territory of the German
Reich, as it existed on December 31, 1937, as a refugee or expellee
of German stock or as the spouse or descendant of such
person.
(2) Former German citizens who between January 30, 1933 and May 8
1945, were deprived of their citizenship for political, racial or
religious reasons, and their descendants, shall be re- granted
German citizenship on application. They are considered as not
having been deprived of their German citizenship if they have
established their domicile in Germany after May 8, 1945 and have
not expressed a contrary intention.
(1) Law which conflicts with Article 3, paragraph 2, remains in
force until adapted to this provision of the Basic Law, but not
beyond March 31, 1953.
(2) Laws which restrict the right of freedom of movement in view of
the present housing shortage remain in force until repealed by
Federal legislation.
The reorganization of the territory comprising the Länder of Baden, Wuerttemberg-Baden and Wuerttemberg-Hohenzollern may be effected notwithstanding the provisions of Article 29, by agreement between the Länder concerned. If no agreement is reached, the reorganization, will be regulated by a Federal law which must provide for a referendum.
In matters relating to refugees and expellees, in particular as regards their distribution among the Länder, the Federal Government with the consent of the Bundesrat issue ordinances having the force of law, pending settlement of the matter by Federal legislation. The Federal Government may in this matter be authorized to issue individual instructions for particular cases. Except where their is danger in delay, the instructions shall be addressed to the highest Land authorities.
(1) The Federation shall meet the expenditure for occupation
costs and the other internal and external burdens caused by the
war, as regulated in detail by federal legislation. To the extent
that these costs and other burdens have been regulated by federal
legislation on or before I October 1969. the Federation and the
Länder shall meet such expenditure between them in accordance with
such federal legislation. Insofar as expenditures for such of these
costs and burdens as neither have been nor will be regulated by
federal legislation have been met on or before I October 1965 by
Länder, communes. associations of communes or other entities
performing functions of the Länder or the communes, the Federation
shall not be obliged to meet expenditure of that nature even where
it arises after that date. The Federation shall pay the subsidies
towards the burdens of social insurance institutions. including
unemployment insurance and public assistance to the unemployed. The
distribution between the Federation and the Länder of costs and
other burdens caused by the war, as regulated in this paragraph.
shall not affect any statutory regulation of claims for
indemnification in respect of the consequences of the war.
(2) Revenue shall pass to the Federation at the same time as the
latter assumes responsibility for the expenditure referred to in
this Article.
(1) Laws concerning the implementation of the equalization of
burdens may, with the consent of the Bundesrat, stipulate that in
the field of equalization benefits, they shall be executed partly
by the Federation and partly by the Länder acting as agents of the
Federation, and that the relevant powers vested in the Federal
Government and the competent highest Federal authorities by virtue
of Article 5 shall be wholly or partly delegated to the Federal
Equalization Office. In the exercise of these powers the Federal
Equalization Office shall not require the consent of the Bundesrat;
with the exception of urgent cases, its instructions shall be given
to the highest Land authorities (Land Equalization Offices).
(2) The provisions of Article 87, paragraph 3, second sentence,
shall not be affected hereby.
Within the meaning of this Basic Law, a majority of the members of the Bundestag and of the Federal Convention is the majority of the number of their members established by law.
(1) From the time of the first meeting of the Bundestag, laws
shall be passed exclusively by the legislative organs recognized in
this Basic Law .
(2) Legislative bodies and bodies participating in legislation in
an advisory capacity whose competence ends by virtue of paragraph
1, are dissolved from that date.
(1) Law in force before the first meeting of the Bundestag
remains in force, insofar as it does not conflict with the Basic
Law.
(2) Subject to all rights and objections of the interested parties,
the State treaties concluded by the German Reich concerning matters
for which, under this Basic Law, Land legislation is Competent
remain in force, if they are and continue to be valid in accordance
with general principles of law, until new State treaties are
concluded by the agencies competent under this Basic Law, or until
they are in any other way terminated pursuant to their
provisions.
Law affecting matters within the exclusive power to legislate of the Federation becomes Federal law wherever it is applicable.
Law affecting matters within the concurrent power to legislate
of the Federation becomes Federal law wherever it is
applicable:
1. Insofar as it applies uniformly within one or more zones of
occupation;
2. Insofar as it is law by which former Reich law has been amended
after May 8, 1945.
The Federal Constitutional Court decides disputes regarding the continuance of law as Federal law.
Within one year of the promulgation of this Basic Law the Federal Government may, with the consent of the governments of the Länder concerned, extend to the Länder of Baden, Greater Berlin, Rhineland- Palatinate and Wuerttemberg-Hohenzollern any legislation of the Bizonal Economic Administration, insofar as it continues to be in force as Federal law under Articles 124 or 125.
Insofar as law continuing in force provides for powers to give instructions within the meaning of Article 84, paragraph 5, these powers remain in existence until otherwise provided by law.
(1) Insofar as legal provisions which continue in force as
Federal law contain an authorization to issue ordinances having the
force of law or general administrative rules that are executed by
the Länder as authorization passes to the agencies henceforth
competent in the matter. In cases of doubt, the Federal Government
will decide in agreement with the Bundesrat; the decision must be
published.
(2) Insofar as legal provisions which continue in force as Land law
contain such an authorization, it will be exercised by the agencies
competent under Land law.
(3) Insofar as legal provision within the meaning of paragraphs 1
and 2 authorize their amendment or supplementation or the issue of
legal provisions in place of laws, these authorizations have
expired.
(4) The provisions of paragraphs I and 2 apply mutatis mutandis
whenever legal provisions refer to regulations no longer valid or
to institutions no longer in existence.
(1) Administrative agencies and other institutions which serve
the public administration or the administration of justice and are
not based on Land law or treaties between Länder, as well as the
Association of Management of Southwest German Railroads and the
Administrative Council for the Postal Services and
Telecommunications of the French Zone of Occupation, are placed
under the Federal Government. The Federal Government provides with
the consent of the Bundesrat for their transfer, dissolution or
liquidation.
(2) The highest disciplinary superior of the personnel of these
administrations and institutions is the appropriate Federal
Minister.
(3) Bodies corporate and institutions of public law no directly
under a Land and not based on treaties between Länder, are under
the supervision of the appropriate highest Federal author.
Federal legislation shall regulate the legal status of persons, including refugees and expellees, who on May 8, 1945, were employed in the public service, have left the service for reasons other than those arising from civil service regulations or collective agreement rules, and have not until now been employed or are employed in a position not corresponding to their former one. The same applies mutatis mutandis to persons, including refugees and expellees, who, on May 8, 1945 were entitled to a pension or other assistance and who no longer receive any assistance or any commensurate assistance for reasons other than those arising from civil service regulations or collective agreement rules. Until the Federal law comes into force, no legal claims can be made, unless otherwise provided by Land legislation.
(1) Civil servants and Judges who, when the Basic Law comes into
force, are appointed for life, may within six months after the
first meeting of the Bundestag, be placed on the retired list or
waiting list or be transferred to another one with lower
remuneration, if they lack the personal or professional aptitude
for their office. This provision applies mutatis mutandis also to
salaried employees whose service cannot be terminated by notice. In
the case of salaried employer whose services can be terminated by
notice, periods of notice in excess of the periods fixed by
collective agreement rules may be canceled within the same
period.
(2) This provision does not apply to members of the public service
who are not affected by the provisions regarding the liberation
from National Socialism and militarism or who are recognized
victims of National Socialism unless there is an important reason
with respect to their personality.
(3) Those affected may have recourse to the courts in accordance
with Article 19, paragraph 4.
(4) Details will be regulated by an ordinance of the Federal
Government which requires the consent of the Bundesrat.
The Federation succeeds to the rights and obligations of the Bizonal Economic Administration.
(1) Reich property becomes in principle Federal properly.
(2) Insofar as the property was originally intended to be used
predominantly for administrative tasks which, under this Basic Law,
are no administrative tasks of the Federation, it shall be
transferred without compensation to the authorities not charged
with such tasks, and to the Länder insofar as it is being used at
present, and not merely temporarily, for administrative tasks which
under the Basic Law are now within the administrative functions of
the Länder. The Federation may also transfer other property to the
Länder.
(3) Property which was placed at the disposal of the Reich by the
Länder and communities (associations of communities) without
compensation shall again become the property of the Länder and
communities (community associations), insofar as it is not required
by the Federation for its own administrative tasks.
(4) Details will be regulated by a Federal law which requires the
consent of the Bundesrat.
(1) If after May 8, 1945, and before the coming into force of
this Basic Law an area has passed from one Land to another, the
Land to which the area now belongs is entitled to the property
located therein of the Land to which it formerly belonged.
(2) Property of Länder and other bodies-corporate and institutions
under public law, which no longer exist, passes insofar as it was
originally intended lo be used predominantly for administrative
tasks or is being used at present, and not merely temporarily,
predominantly for administrative tasks, to the Land or the
body-corporate or institution under public law which now discharges
these tasks.
(3) Real estate of Länder which no longer exists, including
appurtenances, passes to the Land within which it is located
insofar as it is not included among property within the meaning of
paragraph 1.
(4) If an overriding interest of the Federation or the particular
interest of an area so requires, a settlement deviating from
paragraph 1 to 3 may be effected by Federal Law.
(5) For the rest, the succession in law and the settlement of the
property, insofar as it has not been affected before January 1
1952, by agreement between the Länder or bodies-corporate or
institutions under public law concerned will be regulated by a
Federal law which requires the counsel of the Bundesrat.
(6) Interests of the former Land of Prussia in enterprises under
private law pass to the Federation. A Federal law which may also
deviate from this provision, will regulate details.
(7) Insofar as, on the coming into force of the Basic Law, property
which would fall to a Land or body-corporate or institution under
public law pursuant to paragraph 1 to 3 had been disposed of
through or under authority of a Land law or in any other manner by
the party thus entitled, the passing of the property is deemed to
have taken place before such disposition.
(1) The legislation reserved to the Federation in Article 134,
paragraph (4), and Article 135, paragraph (5), may also stipulate
that the following liabilities shall not be discharged, or not to
heir full extent:
1. Liabilities of the Reich or liabilities of the former Land
Prussia or liabilities of such other bodies-corporate and
institutions under public law as no longer exist;
2. such liabilities of the Federation or other bodies-corporate and
institutions under public law as are connected with the transfer of
properties pursuant to Articles 89, 90, 134 or 135, and such
liabilities of the same as arise from measures taken by the holders
of rights defined under item 1;
3. such liabilities of Länder or communes (associations of
communes) as have arisen from measures taken by these holders of
rights before August 1, 1945, within the sphere of administrative
functions incumbent upon, or delegated by, the Reich to comply with
regulations of occupying Powers or to remove a state of emergency
due to the war.
(2) Paragraph 1 above shall be applied mutatis mutandis to
liabilities of the German Democratic Republic or its legal entities
as well as to liabilities of the Federation or other corporate
bodies and institutions under public law which are connected with
the transfer of properties of the German Democratic Republic to the
Federation, Länder and communes (Gemeinden), and to liabilities
arising from measures taken by the German Democratic Republic or
its legal entities.
(1) The Bundesrat assembles for the first time on the day of the
first meeting of the Bundestag.
(2) Until the election of the first Federal President his powers
will be exercised by the President of the Bundesrat. He has not the
right to dissolve the Bundestag.
(1) The right of civil servants, of salaried employees of the
public services, of professional soldiers, of temporary volunteer
soldiers and of judges to stand for election in the Federation, in
the Länder or in the communes may be restricted by
legislation.
(2) The Electoral Law to be adopted by the Parliamentary Council
applies to the election of the first Bundestag of the first Federal
Convention and of the first Federal President of the Federal
Republic.
(3) The function of the Federal Constitutional Court pursuant to
Article 41, paragraph 2, shall, pending its establishment, be
exercised by the German High Court for the Combined Economic Area,
which shall decide in accordance with its rules of procedure.
Changes in the rules relating to notaries as they now exist in the Länder of Baden, Bavaria, Wuerttemberg-Baden and Wuerttemberg- Hohenzollern, require the consent of the governments of these Länder.
The provisions of law enacted for the liberation of the German people from National Socialism and Militarism are not affected by the provisions of this Basic Law.
The provisions of Articles 136, 137, 138, 139 and 141 of the German Constitution of August 11, 1919, are an integral part of this Basic Law.
Article 7, paragraph 3 first sentence, has no application in a Land in which different provisions of Land law were in force on January 1, 1949.
Notwithstanding the provision of Article 31, such provisions of Land Constitutions as guarantee basic rights in conformity with Articles 1 to 18 of this Basic Law also remain in force.
(1) Law in the territory specified in Article 3 of the
Unification Treaty may deviate from provisions of this Basic Law
for a period not extending beyond 31 December 1992 in so far as and
as long as no complete adjustment to the order of the Basic Law can
be achieved as a consequence of the different conditions.
Deviations must not violate Article 19 (2) and must be compatible
with the principles set out in Article 79 (3).
(2) Deviations from sections II, VIII, VIIIa, IX, X and XI are
permissible for a period not extending beyond 31 December
1995.
(3) Notwithstanding paragraphs 1 and 2 above, Article 41 of the
Unification Treaty and the rules for its implementation shall
remain valid in so far as they provide for the irreversibility of
intrusion on property in the territory specified in Article 3 of
the said Treaty.
(1) This Basic Law requires ratification by the representative
assemblies in two-thirds of the German Länder in which it is for
the time being to apply.
(2) Insofar as the application of this Basic Law is subject to
restrictions in any Land listed in Article 23 or in any part of
such Land, the Land or the part thereof has the right to send
representatives to the Bundestag in accordance with Article 38 and
to the Bundesrat in accordance with Article 50.
(1) The Parliamentary Council shall note in public session, with
the participation of the representatives of Greater Berlin, the
ratification of this Basic Law and shall sign and promulgate
it.
(2) This Basic Law shall come into force at the end of the day of
promulgation.
(3) It shall be published in the Federal Gazette.
This Basic Law, which is valid for the entire German people following the achievement of the unity and freedom of Germany, shall cease to be in force on the day on which a constitution adopted by a free decision of the German people comes into force.
Note: following is extract from the German Constitution of
11 August 1919
(Weimar Constitution).
Articles 136-137-138-139 and 141 of the Section "Religion and religious Associations" of the Weimar Constitution incorporated into the Basic law for the Federal Republic of Germany pursuant to Article 140 thereof.
Civil and political rights and duties are neither dependent upon
nor restricted by the practice of religious freedom.
The enjoyment of civil and political rights, as well as admission
to official posts, is independent of religious creed.
No one is bound to disclose his religious convictions. The
authorities have the right to make enquiries as to membership of a
religious body only when rights and duties depend upon it, or when
the collection of statistics ordered by law requires it.
No one may be compelled to take part in any ecclesiastical act or
ceremony, or the use of any religious form of oath.
There is no state church.
Freedom of association is guaranteed to religious bodies. There are
no restrictions as to the union of religious bodies within the
territory of the Federation.
Each religious body regulates and administers its affairs
independently within the limits of general laws. It appoints its
officials without the cooperation of the Land, or of the civil
community.
Religious bodies acquire legal rights in accordance with the
general regulations of the civil code.
Religious bodies remain corporations with public rights in so far
as they have been so up to the present.
Equal rights shall be granted to other religious bodies upon
application, if their constitution and the number of their members
offer a guarantee of permanency.
When several such religious bodies holding public rights combine to
form one union this union becomes a corporation of a similar
class.
Religious bodies forming corporations with public rights are
entitled to levy taxes on the basis of the civil tax rolls, in
accordance with the provisions of Land law.
Associations adopting as their work the common encouragement of a
world-philosophy shall be placed upon an equal footing with
religious bodies.
So far as the execution of these provisions may require further
regulation, this is the duty of the Land legislature.
Land connections with religious bodies, depending upon law,
agreement or special legal titles, are dissolved by Land
legislation. The principle for such action shall be laid down by
the Federal Government.
Ownership and other rights of religious bodies and unions to their
institutions, foundations, and other properties devoted to purposes
of public worship, education or charity, are guaranteed.
Sundays and holidays recognized by the Land shall remain under legal protection as days of rest from work and for the promotion of spiritual purposes.
Religious bodies shall have the right of entry for religious purposes into the army, hospitals, prisons, or other public institutions, so far as is necessary for the arrangement of public worship or the exercise of pastoral offices, but every form of compulsion must be avoided.
   | Constitution of the Weimar Republic (1919-1933) - (HIS,P) Weimar Constitution |
| | non-official table of contents - GG - nichtamtliches Inhaltsverzeichnis |
| | HTML - GG - Grundgesetz für die Bundesrepublik Deutschland |
| | Official English translation - Deutscher Bundestag: Fehlermeldung |
| | Constitution of the German Empire (1871-1919) - Constitution of the German Empire - Wikisource |
| | ''Grundgesetz für die Bundesrepublik Deutschland'' - Deutscher Bundestag: Fehlermeldung |
| | In German - Deutscher Bundestag: Grundgesetz für die Bundesrepublik Deutschland |
| | ''Grundgesetz für die Bundesrepublik Deutschland'' - Deutscher Bundestag: Grundgesetz für die Bundesrepublik Deutschland |
| | Basic Law for the Federal Republic of Germany - REGIERUNGonline - CONTENT OF BASIC LAW |
| | Basic Law for the Federal Republic of Germany - Deutscher Bundestag: Fehlermeldung |
| | Basic Law for the Federal Republic of Germany - Deutscher Bundestag: Fehlermeldung |
| | Basic Law for the Federal Republic of Germany - German Constitution: 1949 |
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