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BASIC LAW FOR THE FEDERAL REPUBLIC OF GERMANY
23 May 1949

The Parliamentary Council, meeting in public session at Bonn am Rhein on 23 May 1949, confirmed that the Basic Law for the Federal Republic of Germany, which was adopted by the Parliamentary Council on 8 May 1949, was ratified in the week of 16 to 22 May 1949 by the parliaments of more than two thirds of the participating German Länder.

By virtue of this fact the Parliamentary Council, represented by its Presidents, has signed and promulgated the Basic Law.

The Basic Law is hereby published in the Federal Law Gazette pursuant to paragraph (3) of Article 145.
 
 
 
PREAMBLE
 
Conscious of their responsibility before God and humankind,

Animated by the resolve to serve world peace as an equal part of 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 whole German nation.
  
Chapter I: BASIC RIGHTS
 
Article 1 Protection of human dignity  
 
(1) The dignity of man is inviolable. To respect and protect it shall be the duty of all public authority.

(2) The German people therefore uphold human rights as inviolable and inalienable and as the basis of every community, of peace and justice in the world.

(3) The following basic rights shall bind the legislature, the executive and the judiciary as directly enforceable law.
 
Article 2 Personal freedom  
    
(1) Everybody has the right to self-fulfilment in so far as they do not violate the rights of others or offend against the constitutional order or morality.

(2) Everybody has the right to life and physical integrity. Personal freedom is inviolable. These rights may not be encroached upon save pursuant to a law.
Article 3 Equality before the law  
        
(1) All people are equal before the law.

(2) Men and women have equal rights. The state shall seek to ensure equal treatment of men and women and to remove existing disadvantages.

(3) Nobody shall be prejudiced or favoured because of their sex, birth, race, language, national or social origin, faith, religion or political opinions. No one may be discriminated against on account of their disability.
 
Article 4 Freedom of faith, conscience and creed  
  
(1) Freedom of faith and conscience as well as freedom of creed, religious or ideological, are inviolable.

(2) The undisturbed practice of religion shall be guaranteed.

(3) Nobody may be forced against their conscience into military service involving armed combat. Details shall be the subject of a federal law.
 
Article 5 Freedom of expression  
    
      
(1) Everybody has the right freely to express and disseminate their opinions orally, in writing or visually and to obtain information from generally accessible sources without hindrance. Freedom of the press and freedom of reporting through audiovisual media shall be guaranteed. There shall be no censorship.

(2) These rights are subject to limitations embodied in the provisions of general legislation, statutory provisions for the protection of young persons and the citizen's right to personal respect.

(3) Art and scholarship, research and teaching shall be free. Freedom of teaching shall not absolve anybody from loyalty to the constitution.
 
Article 6 Marriage and family, children born outside marriage  
  
(1) Marriage and family shall enjoy the special protection of the state.

(2) The care and upbringing of children are a natural right of parents and a duty primarily incumbent on them. It is the responsibility of the community to ensure that they perform this duty.

(3) Children may not be separated from their families against the will of their parents or guardians save in accordance with a law in cases where they fail in their duty or there is a danger of the children being seriously neglected for other reasons.

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

(5) Children born outside marriage shall be provided by law with the same opportunities for their physical and mental development and regarding their place in society as are enjoyed by those born in marriage.
 
Article 7 School education  
 
(1) The entire school system shall be under the supervision of the state.

(2) Parents and guardians have the right to decide whether children receive religious instruction.

(3) Religious instruction shall form part of the curriculum in state schools except non- denominational schools. Without prejudice to the state's right of supervision, religious instruction shall be given in accordance with the doctrine of the religious community concerned. Teachers may not be obliged to give religious instruction against their will.

(4) The right to establish private schools shall be guaranteed. Private schools as alternatives to state schools shall require the approval of the state and be subject to Land legislation. Such approval shall be given where private schools are not inferior to state schools in terms of their educational aims, their facilities and the training of their teaching staff and where it does not encourage segregation of pupils according to the means of their parents. Approval shall be withheld where the economic and legal status of the teaching staff is not adequately secured.

(5) A private elementary school shall be approved only where the education authority finds that it meets a special educational need or where, at the request of parents or guardians, it is to be established as a non-denominational, denominational or alternative school and no state elementary school of that type exists locally.

(6) Preparatory schools shall remain abolished.
 
Article 8 Freedom of assembly  
  
(1) All Germans have the right to assemble peacefully and unarmed without prior notification or permission.

(2) In the case of outdoor assemblies this right may be restricted by or pursuant to a law.
  
Article 9 Freedom of association  
  

(1) All Germans have the right to form associations, partnerships and corporations.

(2) Associations whose aims or activities contravene criminal law or are directed against the constitutional order or the notion of international understanding shall be banned.

(3) The right to form associations in order to safeguard and improve working and economic conditions shall be guaranteed to every individual and all occupations and professions. Agreements restricting or intended to hamper the exercise of this right shall be null and void; measures to this end shall be illegal. Measures taken pursuant to Article 12a, paragraphs (2) and (3) of Article 35, paragraph (4) of Article 87a, or Article 91 may not be directed against industrial disputes engaged in by associations within the meaning of the first sentence of this paragraph in order to safeguard and improve working and economic conditions.
Article 10 Privacy of correspondence, posts and telecommunications 
     
(1) Privacy of correspondence, posts and telecommunications is inviolable.

(2) Restrictions may only be ordered pursuant to a law. Where a restriction serves to protect the free democratic basic order or the existence or security of the Federation or a Land the law 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 subsidiary bodies appointed by parliament.
 
Article 11 Freedom of movement  
   
(1) All Germans have the right to move freely throughout the federal territory.

(2) This right may be restricted only by or pursuant to a law and only where a person does not have a sufficient livelihood and his or her freedom of movement would be a considerable burden on the community or where such restriction is necessary to avert an imminent danger to the existence or the free democratic basic order of the Federation or a Land, or to prevent an epidemic, a natural disaster, grave accident or criminal act, or to protect young persons from serious neglect.
 
Article 12 Free choice of occupation or profession, prohibition of forced labour  
  
(1) All Germans have the right freely to choose their occupation or profession, their place of work, study or training. The practice of an occupation or profession may be regulated by or pursuant to a law.

(2) Nobody may be forced to do work of a particular kind except as part of a traditional compulsory community service that applies generally and equally to all.

(3) Forced labour may only be imposed on people deprived of their liberty by court sentence.
 
Article 12a Compulsory military or alternative service
   
(1) Men who have attained the age of eighteen may be required to serve in the Armed Forces, in the Federal Border Police, or in a civil defense organization.
(2) Any person who, on grounds of conscience, refuses to render military service involving the use of arms may be required to perform alternative service. The duration of alternative service shall not exceed that of military service. Details shall be regulated by a law, which shall not interfere with the freedom to make a decision in accordance with the dictates of conscience, and which shall also provide for the possibility of alternative service not connected with units of the Armed Forces or of the Federal Border Police.
(3) Persons liable to compulsory military service who are not called upon to render service pursuant to paragraph (1) or (2) of this Article may, when a state of defense is in effect, be assigned by or pursuant to a law to employment involving civilian services for defense purposes, including the protection of the civilian population; they may be assigned to public employment only for the purpose of discharging police functions or such other sovereign functions of public administration as can be discharged only by persons employed in the public service. The employment contemplated by the first sentence of this paragraph may include services within the Armed Forces, in the provision of military supplies, or with public administrative authorities; assignments to employment connected with supplying and servicing the civilian population shall be permissible only to meet their basic requirements or to guarantee their safety.
(4) If, during a state of defense, the need for civilian services in the civilian health system or in stationary military hospitals cannot be met on a voluntary basis, women between the ages of eighteen and fifty-five may be called upon to render such services by or pursuant to a law. They may under no circumstances be required to bear weapons.
(5) Prior to the existence of a state of defense, assignments under paragraph (3) of this Article may be made only if the requirements of paragraph (1) of Article 80a are met. In preparation for the provision of services under paragraph (3) of this Article that demand special knowledge or skills, participation in training courses may be required by or pursuant to a law. In this case the first sentence of this paragraph shall not apply.
(6) If, during a state of defense, the need for workers in the areas specified in the second sentence of paragraph (3) of this Article cannot be met on a voluntary basis, the right of German citizens to abandon their occupation or place of employment may be restricted by or pursuant to a law in order to meet this need. Prior to the existence of a state of defense, the first sentence of paragraph (5) of this Article shall apply mutatis mutandis.
 
Article 13 Privacy of the home  
  
(1) Privacy of the home is inviolable.

(2) Searches may be ordered only by a judge or, if there is a danger in delay, by other authorities as provided for by law and may be carried out only in the manner prescribed by the law.
(3) If certain facts justify the suspicion that someone who committed a serious crime, as specified by law, it is permissible for the prosecution of the deed to employ, on the basis of a judicial order, technical means for the acoustical surveillance of residencies, in which the accused presumably dwells, if the determination of the factual situation would be disproportionately more difficult or hopeless. A time limit is to be established. The decision shall be ordered by a judicial panel composed of three judges. In case of danger by delay, such a decision can also be made by a single judge.
 
(4) For the defense against imminent dangers to the public security, especially a common danger or a life-threatening danger, technical means for the surveillance of residences may be employed on the basis of a judicial order. In case of danger by delay, such a measure can also be ordered by an authority (Stelle) specified by law; a judicial decision is to be requested without delay.
 
(5) If technical means are considered exclusively for the protection of persons active in residences, the measure can also be ordered by an authority specified by law. Another (anderweitige Verwertung) utilization of the findings hereby attained is only admissible, for the purpose of criminal prosecution of the defense against danger, if the legality of the measure has been determined in advance. In case of danger by delay, the judicial decision shall be subsequently obtained without delay.
 
(6) the Federal Government shall inform the Bundestag annually concerning the instituted technical measures, according to paragraph 4 about the scope of competence of the Bund, and according to paragraph 5 about the institution of technical measures, which require judicial review. A board elected by the Bundestag on the basis of this report, exercises parliamentary control. The Länder provide equivalent parliamentary control.
 
(7) Intrusions and restrictions shall otherwise only be permissible to avert danger to the public or to the life of an individual or, pursuant to a law, an acute threat to public safety and order, in particular to relieve a housing shortage, to prevent an epidemic or to protect young persons at risk.
 
 
Article 14 Property, inheritance, expropriation  
  
(1) Property and the right of inheritance shall be guaranteed. Their substance and limits shall be determined by law.

(2) Property entails obligations. Its use should also serve the public interest.

(3) Expropriation shall only be permissible in the public interest. It may only be ordered by or pursuant to a law which determines the nature and extent of compensation. Compensation shall reflect a fair balance between the public interest and the interests of those affected. In case of dispute regarding the amount of compensation recourse may be had to the ordinary courts.
 
Article 15 Public ownership  
 
Land, natural resources and means of production may be transferred to public ownership or other forms of public enterprise by a law which determines the nature and extent of compensation. In respect of compensation the third and fourth sentences of paragraph (3) of Article 14 shall apply mutatis mutandis.
 
Article 16 Nationality, extradition  
 (1) Nobody may be deprived of their German citizenship. Loss of citizenship may only occur pursuant to a law, and against the will of those affected only if they do not thereby become stateless.

(2) No German may be extradited to a foreign country. A different regulation to cover extradition to a Member State of the European Union or to an international court of law may be laid down by law, provided that constitutional principles are observed
 
Article 16a Asylum  
      
(1) Anybody persecuted on political grounds has the right of asylum.

(2) Paragraph 1 may not be invoked by anybody who enters the country from a member state of the European Communities or another third country where the application of the Convention relating to the Status of Refugees and the Convention for the Protection of Human Rights and Fundamental Freedoms is assured. Countries outside the European Communities which fulfil the conditions of the first sentence of this paragraph shall be specified by legislation requiring the consent of the Bundesrat. In cases covered by the first sentence measures terminating a person's sojourn may be carried out irrespective of any remedy sought by that person.

(3) Legislation requiring the consent of the Bundesrat may be introduced to specify countries where the legal situation, the application of the law and the general political circumstances justify the assumption that neither political persecution nor inhumane or degrading punishment or treatment takes place there. It shall be presumed that a foreigner from such a country is not subject to persecution on political grounds so long as the person concerned does not present facts supporting the supposition that, contrary to that presumption, he or she is subject to political persecution.

(4) The implementation of measures terminating a person's sojourn shall, in the cases referred to in paragraph 3 and in other cases that are manifestly ill-founded or considered to be manifestly ill-founded, be suspended by the court only where serious doubt exists as to the legality of the measure; the scope of the investigation may be restricted and objections submitted after the prescribed time-limit may be disregarded. Details shall be the subject of a law.

(5) Paragraphs 1 to 4 do not conflict with international agreements of member states of the European Communities among themselves and with third countries which, with due regard for the obligations arising from the Convention relating to the Status of Refugees and the Convention for the Protection of Human Rights and Fundamental Freedoms, whose application must be assured in the contracting states, establish jurisdiction for the consideration of applications for asylum including the mutual recognition of decisions on asylum.
 
Article 17 Right of petition  
 
Everybody has the right individually or jointly with others to address written requests or complaints to the appropriate authorities and to parliament.
Article 17a Restriction of certain basic rights by legislation on defence and alternative service  
         
(1) Legislation on military and alternative service may restrict during their period of service the basic right of members of the Armed Forces and of the alternative services freely to express and disseminate their opinions orally, in writing or visually (first half- sentence of paragraph (1) of Article 5), the freedom of assembly (Article 8), and the right of petition (Article 17) in so far as this right permits the submission of requests or complaints jointly with others.

(2) Legislation serving defence purposes including protection of the civilian population may provide for restriction of the basic rights of freedom of movement (Article 11) and privacy of the home (Article 13).
 
Article 18 Forfeiture of basic rights  
            
Those who abuse their freedom of expression, in particular freedom of the press (paragraph (1) of Article 5), freedom of teaching (paragraph (3) of Article 5), freedom of assembly (Article 8), freedom of association (Article 9), privacy of correspondence, posts and telecommunications (Article 10), property (Article 14), or the right of asylum (Article 16a) in order to undermine the free democratic basic order shall forfeit these basic rights. Such forfeiture and its extent shall be determined by the Federal Constitutional Court.
 
Article 19 Restriction of basic rights  
     
(1) In so far as a basic right may, under this Basic Law, be restricted by or pursuant to a law the law shall apply generally and not merely to one case. Furthermore, the law shall specify the basic right and relevant Article.

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

(3) The basic rights shall also apply to domestic legal persons to the extent that the nature of such rights permits.

(4) Where rights are violated by public authority the person affected shall have recourse to law. In so far as no other jurisdiction has been established such recourse shall be to the ordinary courts. The second sentence of paragraph (2) of Article 10 shall not be affected by the provisions of this paragraph.
 
 
Chapter II: THE FEDERATION AND THE LÄNDER
 
 
Article 20 Political and social structure, defence of the constitutional order  
         
(1) The Federal Republic of Germany shall be a democratic and social federal state.

(2) All public authority emanates from the people. It shall be exercised by the people through elections and referendums and by specific legislative, executive and judicial bodies.

(3) The legislature shall be bound by the constitutional order, the executive and the judiciary by law and justice.

(4) All Germans have the right to resist anybody attempting to do away with this constitutional order, should no other remedy be possible.
 
Protection of natural living conditions and animals
th15_04.05; th15_04.06; th15_04.07; 
The State, in a spirit of responsibility for future generations, also protects the natural living conditions and the animals within the framework of the constitutional rules through the legislation and as provided by the laws through the executive power and the administration of justice.
 
 
50th Amendment (26.7.2002), concerning Article 20a
 
Previous version:
 
Article 20a Protection of the natural sources of life
 
The state, aware of its responsibility for present and future generations, shall protect the natural sources of life within the framework of the constitutional order through the legislature and, in accordance with the law and the principles of justice, the executive and the judiciaryArticle 20a Protection of natural foundations of life and animals
  
Mindful also of its responsibility toward future generations, the state shall protect the natural foundations of life and animals by legislation and, in accordance with law and justice, by executive and judicial action, all within the framework of the constitutional order.
 
Article 21 Parties  
   
(1) The parties shall help form 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 and use of their funds and for their assets.

(2) Parties which by reason of their aims or the conduct of their adherents seek to impair or do away with the free democratic basic order or threaten the existence of the Federal Republic of Germany shall be unconstitutional.  

(3) Parties that, by reason of their aims or the behaviour of their adherents, seek to undermine or abolish the free democratic basic order or to endanger the existence of the Federal Republic of Germany shall be excluded from state financing. If such exclusion is determined, any favourable fiscal treatment of these parties and of payments made to those parties shall cease.

(4)   The Federal Constitutional Court shall rule on the question of unconstitutionality within the meaning of paragraph (2) of this Article and on exclusion from state financing within the meaning of paragraph.
(5) Details shall be the subject of federal laws.
 
Article 22 Federal capital - Federal flag

(1) Berlin is the capital of the Federal Republic of Germany. The Federation shall be responsible for representing the
nation as a whole in the capital. Details shall be regulated by federal law.
(2) The federal fl ag shall be black, red and gold. The federal flag shall be black, red and gold.
 
Article 23 European Union  
              
 
(1) With a view to establishing a united Europe the Federal Republic of Germany shall participate in the development of the European Union, which is committed to democratic, rule-of-law, social and federal principles as well as the principle of subsidiarity, and ensures protection of basic rights comparable in substance to that afforded by this Basic Law. To this end the Federation may transfer sovereign powers by law with the consent of the Bundesrat. The establishment of the European Union as well as amendments to its statutory foundations and comparable regulations which amend or supplement the content of this Basic Law or make such amendments or supplements possible shall be subject to the provisions of paragraphs (2) and (3) of Article 79.
(1a)
The Bundestag and the Bundesrat shall have the right to bring an action before the Court of Justice of the European Union to challenge a legislative act of the European Union for infringing the principle of subsidiarity. The Bundestag is obliged to initiate such an action at the request of one fourth of its Members. By a statute requiring the consent of the Bundesrat, exceptions from the first sentence of paragraph (2) of Article 42, and the first sentence of paragraph (2) of Article 52, may be authorised for the exercise of the rights granted to the Bundestag and the Bundesrat under the contractual foundations of the European Union.
 

(2) The Bundestag and, through the Bundesrat, the Länder shall be involved in matters concerning the European Union. The Federal Government shall inform the Bundestag and the Bundesrat comprehensively and as quickly as possible.

(3) The Federal Government shall give the Bundestag the opportunity to state its opinion before participating in the legislative process of the European Union. The Federal Government shall take account of the opinion of the Bundestag in the negotiations. Details shall be the subject of a law.

(4) The Bundesrat shall be involved in the decision-making process of the Federation in so far as it would have to be involved in a corresponding internal measure or in so far as the Länder would be internally responsible.

(5) Where in an area in which the Federation has exclusive legislative jurisdiction the interests of the Länder are affected or where in other respects the Federation has the right to legislate, the Federal Government shall take into account the opinion of the Bundesrat. Where essentially the legislative powers of the Länder, the establishment of their authorities or their administrative procedures are affected, the opinion of the Bundesrat shall in this respect prevail in the decision-making process of the Federation; in this connection the responsibility of the Federation for the country as a whole shall be maintained. In matters which may lead to expenditure increases or revenue cuts for the Federation, the approval of the Federal Government shall be necessary.

(6) When legislative powers exclusive to the Länder concerning matters of school education, culture or broadcasting are primarily affected, the exercise of the rights belonging to the Federal Republic of Germany as a member state of the European Union shall be delegated by the Federation to a representative of the Länder designated by the Bundesrat. Those rights shall be exercised with the participation of and in agreement with the Federal Government; in this connection the responsibility of the Federation for the country as a whole shall be maintained.

(7) Details regarding paragraphs (4) to (6) shall be the subject of a law which shall require the consent of the Bundesrat.
 
 
Article 24 International organizations  
  
(1) The Federation may by legislation transfer sovereign powers to international organizations.

(1a) Where the Länder have the right to exercise state powers and discharge state functions they may with the consent of the Federal Government transfer sovereign powers to transfrontier institutions in neighbouring regions.

(2) With a view to maintaining peace the Federation may become a party to a system of collective security; in doing so it shall 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 purpose of settling international disputes the Federation shall accede to agreements providing for general, comprehensive and obligatory international arbitration.
 
Article 25 International law and federal law  
  
The general rules of international law shall be an integral part of federal law. They shall override laws and directly establish rights and obligations for the inhabitants of the federal territory.
 
Article 26 Ban on preparations for military aggression  
 
(1) Any activities apt or intended to disturb peaceful international relations, especially preparations for military aggression, shall be unconstitutional. They shall be made a criminal offence.

(2) Weapons designed for warfare may not be manufactured, transported or marketed except with the permission of the Federal Government. Details shall be the subject of a federal law.
 
Article 27 The merchant fleet
 
All German merchant vessels shall form one merchant fleet.
 
Article 28 Federal guarantee of Land constitutions and local government  
             
(1) The constitutional order in the Länder shall conform to the principles of the republican, democratic and social state governed by the rule of law within the meaning of this Basic Law. In each of the Länder, counties and municipalities the people shall be represented by a body elected by general, direct, free, equal and secret ballot. In county and municipal elections persons who are nationals of member states of the European Community, too, are entitled to vote and eligible for election in accordance with European Community law. In the municipalities the local council may take the place of an elected body.
(2) Municipalities must be given the right to regulate all matters of the local community on their own responsibility within the framework of the laws. Associations of municipalities also have the right of self-administration within the scope of their legal competences. The guarantee of self-administration encompasses the bases of financial autonomy, to these bases belong the right to establish taxation rates, related to their economic ability.
 
(3) The Federation shall ensure that the constitutional order of the Länder conforms to the basic rights and the provisions of paragraphs (1) and (2) of this Article.
 
Article 29 Modification of boundaries  
  
(1) Boundaries may be modified to ensure that the Länder, by virtue of their size and capacity, can effectively perform their functions. Due regard shall be given to regional, historical and cultural ties, economic expediency and the requirements of regional policy and planning.

(2) Boundary modifications shall be introduced by federal law which shall require confirmation by referendum. The affected Länder shall be consulted.

(3) A referendum shall be held in the Länder from whose territories or parts thereof a new Land or a Land with redefined boundaries is to be formed (affected Länder). The question to be voted on is whether the affected Länder are to remain within their existing boundaries or whether a new Land or Land with redefined boundaries should be formed. The vote shall be in favour of the formation of a new Land or of a Land with redefined boundaries if the modification is approved by a majority in the future territory of such Land and in the territories or parts thereof as a whole of an affected Land whose affiliation with a Land is to be changed accordingly. The vote shall not be in favour where in the territory of one of the affected Länder a majority reject the change; such rejection shall, however, be of no consequence where in one part of the territory whose affiliation with the affected Land is to be changed a majority of two-thirds approve, unless in the entire territory of the affected Land a majority of two-thirds reject the change.

(4) Where in a clearly defined, homogeneous community and economic area whose parts lie in several Länder and which has a population of at least one million one tenth of those entitled to vote in Bundestag elections submit a petition to the effect that the area in question belong to one Land, a federal law shall be enacted within two years which shall determine whether boundaries of the affected Länder are to be modified pursuant to paragraph (2) of this Article or that a referendum is to be held in the affected Länder.

(5) The referendum shall establish whether a boundary modification proposed in the law meets with approval. The law may contain different but not more than two proposals for the referendum. If a majority approve a proposed boundary modification a federal law shall be enacted within two years which shall determine whether such modification is to be introduced pursuant to paragraph (2) of this Article. If the referendum is approved in accordance with the third and fourth sentences of paragraph (3) of this Article a federal law providing for the formation of the proposed Land shall be enacted within two years of the referendum and shall not require any further confirmation by referendum.

(6) A majority in a referendum shall be a majority of the votes cast, provided that they amount to at least one quarter of those entitled to vote in Bundestag elections. Detailed provisions concerning referendums and petitions shall be the subject of a federal law which may also provide that petitions may not be repeated within a period of five years.

(7) Other modifications of Land boundaries may be effected by agreement between the Länder concerned or by a federal law with the approval of the Bundesrat where the territory which is to be the subject of a boundary modification does not have more than 50,000 inhabitants. Details shall be the subject of a federal law requiring the approval of the Bundesrat and the majority of the Members of the Bundestag. It shall make provision for the affected municipalities and counties to be heard.

(8) Länder may, in derogation of the provisions of paragraphs (2) to (7) of this Article, modify the boundaries of their territories or parts thereof by mutual agreement. The affected municipalities and counties shall be heard. The agreement shall require confirmation by referendum in each of the Länder concerned. Where the agreement relates to parts of the territory of Länder the confirmatory referendum may be confined to the areas affected; the latter part of the fifth sentence shall not apply. In a referendum the majority of the votes cast shall be decisive provided it amounts to at least one quarter of those entitled to vote in Bundestag elections; details shall be the subject of a federal law.
The agreement shall require the consent of the Bundestag.
 
Article 30 Powers of the Federation and the Länder  
   
Except as otherwise provided or permitted by this Basic Law the exercise of governmental powers and the discharge of governmental functions shall be incumbent on the Länder.
 
Article 31 Precedence of federal law  
  
Federal law shall override Land law.
 
Article 32 Foreign relations  
  
(1) Relations with other states shall be conducted by the Federation.

(2) Before a treaty which affects the specific circumstances of a German Land is concluded that Land shall be consulted in good time.

(3) In so far as the Länder have power to legislate they may, with the consent of the Federal Government, conclude treaties with other countries.
 
Article 33 Equal civil status, professional civil service  
     
(1) All Germans in every Land have the same civil rights and duties.

(2) All Germans are equally eligible for any public office according to their aptitude, qualifications and professional ability.

(3) The enjoyment of civil rights, eligibility for public office, and rights acquired in the public service shall not depend on a person's religious denomination. Nobody may suffer disadvantage by reason of their adherence or non-adherence to a denomination or their other convictions.

(4) The exercise of public 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 governing the public service shall be regulated and
developed with due regard to the traditional principles of
the professional civil service.Public service law shall be based on the traditional principles of the professional civil service.
 
Article 34 Liability for neglect of duty  
   
Should anybody, in exercising a public office, neglect their duty towards a third party liability shall rest in principle with the state or the public body employing them. In the event of wilful intent or gross negligence remedy may be sought against the person concerned. In respect of claims for compensation or remedy recourse to the ordinary courts shall not be precluded.
 
Article 35 Judicial and administrative assistance  
       
(1) All federal and Land authorities shall render each other judicial and administrative assistance.

(2) In order to maintain or restore public safety or order a Land may in particularly serious cases call upon forces and facilities of the Federal Border Guard to assist its police where without such assistance the police could not, or only with considerable difficulty, carry out an assignment. In order to cope with a natural disaster or a particularly serious accident a Land may request the assistance of the police forces of other Länder or the forces and facilities of other administrative authorities or of the Federal Border Guard or the Armed Forces.

(3) Where the natural disaster or accident endangers a region larger than a Land the Federal Government may, in so far as necessary to effectively combat such danger, instruct the Land governments to place their police forces at the disposal of other Länder and employ units of the Federal Border Guard or the Armed Forces in support of the police forces. Measures taken by the Federal Government pursuant to the first sentence of this paragraph shall be revoked at any time if requested by the Bundesrat, otherwise as soon as the danger has been removed.
 
Article 36 Staff of federal authorities  
   
(1) Civil servants of supreme federal authorities shall be drawn from all Länder on a proportionate basis. People employed by other federal authorities should as a rule be drawn from the Land where those authorities are located.

(2) Military service laws shall, inter alia, take into account both the division of the Federation into Länder and the regional ties of their populations.
 
Article 37 Exercise of federal authority over the Länder  
   
(1) Where a Land fails to comply with its federal obligations under this Basic Law or other federal law the Federal Government may, with the consent of the Bundesrat, take the necessary steps to enforce compliance.

(2) In exercising this authority the Federal Government or its representative may issue directives to all Länder and their authorities.
 
 
Chapter III: THE BUNDESTAG
 
 
Article 38 Elections  
   
(1) The Members of the German Bundestag shall be elected in general, direct, free, equal and secret elections. They shall be representatives of the whole people; they shall not be bound by any instructions, only by their conscience.

(2) Anybody who has reached the age of eighteen is entitled to vote; anybody of majority age is eligible for election.

(3) Details shall be the subject of a federal law.
 
Article 39 Electoral period and assembly of the Bundestag  
 
 
(1) Except for the following provisions, the Bundestag is elected for four years. Its electoral term ends with the convening of a new Bundestag. The new elections are held, at the earliest, forty-six months after, or at the latest, forty-eight months after the beginning of the new electoral period. In case of a dissolution of the Bundestag new elections are held within sixty days.
 
(2) The Bundestag convenes at the lastest on the thirtieth day after the elections.
 
(3) the Bundestag determines the end and the resumption of its sessions. The President of the Bundestag may convene it earlier. He is obligated to do so, if one third of the Members, the Federal President or the Federal Chancellor demand it.
 
 
Article 40 President, rules of procedure  
(1) The Bundestag shall elect its President, Vice-Presidents and Secretaries. It shall draw up rules of procedure.

(2) The President shall exercise proprietary rights and police powers in the Bundestag building. No search or seizure may take place on the premises of the Bundestag without the President's permission.
 
Article 41 Scrutiny of elections  
 
(1) Scrutiny of elections shall be the responsibility of the Bundestag. It shall also decide whether a Member's seat is forfeited.

(2) Complaints against such decisions of the Bundestag may be lodged with the Federal Constitutional Court.

(3) Details shall be the subject of a federal law.
 
Article 42 Proceedings, voting  
  
(1) Sittings of the Bundestag shall be public. Upon a motion of one tenth of the Members or the Federal Government the public may be excluded by a two-thirds majority. The vote on the motion shall be taken at a sitting not open to the public.

(2) Decisions of the Bundestag shall require a majority of the votes cast unless this Basic Law provides otherwise. The rules of procedure may provide for exceptions in respect of elections to be held by the Bundestag.

(3) True and accurate reports on public meetings of the Bundestag and its committees shall not give rise to any liability.
 
Article 43 Attendance of members of the Federal Government and the Bundesrat  
  
(1) The Bundestag and its committees may demand the presence of any member of the Federal Government.

(2) The Members of the Bundesrat and the Federal Government as well as their representatives may attend any sittings of the Bundestag and its committees. They shall be heard at any time.
 
Article 44 Committees of inquiry  
   
(1) The Bundestag has the right, and upon the motion of one quarter of its Members the obligation, to set up committees of inquiry which shall hear evidence in public. The public may be excluded.
(2) The rules of criminal procedure shall apply mutatis mutandis to the hearing of evidence. The privacy of correspondence, posts and telecommunications shall remain unaffected.

(3) Courts and administrative authorities shall be bound to render judicial and administrative assistance.

(4) Decisions of committees of inquiry shall not be subject to judicial review. The courts shall be free to evaluate the facts on which the inquiry is based.
 
Article 45 The Committee on European Union  
 
The Bundestag shall appoint a Committee on European Union. It may empower the Com mittee to exercise the Bundestag's rights in relation to the Federal Government in accordance with Article 23. It may also empower it to exercise the rights granted to the Bundestag under the contractual foundations of the European Union.
 
Article 45a The Foreign Affairs and Defence Committees  
 
(1) The Bundestag shall appoint a Committee on Foreign Affairs and a Committee on Defence.

(2) The Committee on Defence also has the powers of a committee of inquiry. Upon the motion of one quarter of its members it shall be obliged to investigate a specific matter.

(3) Paragraph (1) of Article 44 shall not apply to defence matters.
 
Article 45b The Parliamentary Commissioner for the Armed Forces  
  
A Parliamentary Commissioner shall be appointed to safeguard the basic rights of members of the Armed Forces and to assist the Bundestag in exercising parliamentary control. Details shall be the subject of a federal law.
 
Article 45c The Petitions Committee  
  
(1) The Bundestag shall appoint a Petitions Committee to deal with requests and complaints addressed to the Bundestag pursuant to Article 17.

(2) The powers of the Committee to consider complaints shall be the subject of a federal law.
 

Article 45d
 
Article 46 Indemnity and immunity  
  
(1) A Member may at no time be subjected to court proceedings or disciplinary action or otherwise called to account outside the Bundestag for a vote cast or a statement made in the Bundestag or any of its committees. This shall not apply to defamatory insults.

(2) A Member may not be called to account or arrested for a punishable offence except by permission of the Bundestag, unless the person concerned is apprehended in the act of committing the offence or in the course of the following day.

(3) Permission of the Bundestag shall also be necessary for any other restriction of a Member's personal liberty or for the institution of proceedings against a Member under Article 18.

(4) Any criminal proceedings or proceedings under Article 18 against a Member and any detention or other restriction of the Member's personal liberty shall be suspended if the Bundestag so demands.
 
Article 47 Refusal to give evidence  
 
Members may refuse to give evidence concerning persons who have confided information to them in their capacity as Members of the Bundestag or to whom they themselves have confided information in that capacity, as well as evidence concerning the information itself. To the extent that this right to refuse to give evidence applies, seizure of documents shall not be permissible.
 
Article 48 Entitlements of Members  
 
(1) All candidates for election to the Bundestag are entitled to the leave necessary for their election campaign.

(2) Nobody may be prevented from assuming and exercising the office of Member of the Bundestag. Nobody may be given notice or dismissed from their employment on this ground.

(3) Members are entitled to adequate remuneration ensuring their independence. They are entitled to use all public transport free of charge. Details shall be the subject of a federal law.
 
Article 49 Repealed
 
 
Chapter IV: THE BUNDESRAT
 
Article 50 Function  
  
The Länder shall participate through the Bundesrat in the legislative process and administration of the Federation and in matters concerning the European Union.
 
Article 51 Composition  
  
(1) The Bundesrat shall consist of members of the Land governments which appoint and recall them. Other members of their governments may serve as alternates.

(2) Each Land shall have at least three votes; Länder with more than two million inhabitants shall have four, Länder with more than six million inhabitants five, and Länder with more than seven million inhabitants six votes.

(3) Each Land may 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 alternates.
 
Article 52 President, rules of procedure
  
(1) The Bundesrat shall elect its President for one year.

(2) The President shall convene the Bundesrat. The President shall be obliged to do so where the delegates of at least two Länder or the Federal Government so demand.

(3) The Bundesrat shall take its decisions with at least the majority of its votes. It shall draw up rules of procedure. Its sittings shall be public. The public may be excluded.

(3a) For matters concerning the European Union the Bundesrat may establish a Chamber for European Affairs, whose decisions shall be considered decisions of the Bundesrat; the number of votes to be uniformly cast by the Länder shall be determined by paragraph (2) of Article 51.

(4) Other members or representatives of the Land governments may serve on the committees of the Bundesrat.
 
Article 53 Attendance of members of the Federal Government  
 
The members of the Federal Government have the right, and upon demand a duty, to attend sittings of the Bundesrat and its committees. They shall be heard at any time. The Bundesrat shall be kept informed by the Federal Government about the conduct of business.
 
 
Chapter IVa: THE JOINT COMMITTEE
 
Article 53a Composition, rules of procedure  
 
(1) Two thirds of the Joint Committee shall be Members of the Bundestag and one third Members of the Bundesrat. The Bundestag shall delegate Members in proportion to the strengths of its parliamentary groups; they may not be members of the Federal Government. Each Land shall be represented by a Bundesrat Member of its choice; these Members shall not be bound by instructions. The establishment of the Joint Committee and its procedures shall be governed 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 plans to be put into effect in the event of a state of defence. The right of the Bundestag and its committees under paragraph (1) of Article 43 shall remain unaffected.
 
 
Chapter V: THE FEDERAL PRESIDENT
 
Article 54 Election  
       
(1) The Federal President shall be elected by the Federal Convention without debate. Every German entitled to vote in Bundestag elections and at least forty years old is eligible.

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

(3) The Federal Convention shall consist of the Members of the Bundestag and an equal number of members elected by the Land parliaments on the basis of proportional representation.

(4) The Federal Convention shall convene not later than thirty days before the expiration of the term of office of the Federal President or, in the event that it is prematurely terminated, not later than thirty days after that date. It shall be convened by the President of the Bundestag.

(5) After the expiration of a legislative term the period specified in the first sentence of paragraph (4) of this Article shall begin with the first meeting of the Bundestag.

(6) The candidate 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 one who receives most votes in the next ballot is elected.

(7) Details shall be the subject of a federal law.
 
Article 55 Debarment from other office  
     
(1) The Federal President may not be a member of the government nor of a legislative body of the Federation or a Land.

(2) The Federal President may not hold any other salaried office nor practise a trade or profession nor belong to the management or supervisory board of an enterprise.
 
Article 56 Oath of office  
 
On taking office the Federal President shall swear 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 their benefits, save them from harm, uphold and defend the Basic Law and the laws of the Federation, perform my duties conscientiously, and do justice to all. So help me God."

The oath may be sworn without the religious affirmation.
 
Article 57 Deputization  
  
Should the Federal President be prevented from performing the duties of office or should the office become vacant prematurely those duties shall be performed by the President of the Bundesrat.
 
Article 58 Countersignature  
   
Orders and directives of the Federal President shall require for their validity the countersignature of the Federal Chancellor or the appropriate Federal Minister. This shall not apply to the appointment and dismissal of the Federal Chancellor, the dissolution of the Bundestag under Article 63, or a request made under paragraph (3) of Article 69.
 
Article 59 Representation of the Federation  
    
(1) The Federal President represents the Federation in its international relations. He concludes treaties with other states on its behalf. He accredits and receives envoys.

(2) Treaties which regulate the political relations of the Federation or relate to matters of federal legislation shall require the approval or participation of the appropriate legislative body in the form of a federal law. In the case of administrative agreements the provisions concerning federal administration shall apply mutatis mutandis.
 
Article 59a Repealed
 
Article 60 Appointment and dismissal of federal judges, federal civil servants and officers of the Armed Forces; prerogative of pardon  
     

(1) The Federal President shall appoint and dismiss federal judges, federal civil servants and commissioned and non-commissioned officers of the Armed Forces unless otherwise provided for by law.

(2) The Federal President shall exercise the prerogative of pardon in individual cases on behalf of the Federation.

(3) These powers may be delegated to other authorities.

(4) Paragraphs (2) to (4) of Article 46 shall apply mutatis mutandis to the Federal President.
 
Article 61 Impeachment before the Federal Constitutional Court  
        
 
(1) The Bundestag or the Bundesrat may impeach the Federal President before the Federal Constitutional Court for wilful violation of the Basic Law or any other federal law. The motion for impeachment must have the support of at least one quarter of the Members of the Bundestag or one quarter of the votes of the Bundesrat. It must be carried by a majority of two thirds of the Members of the Bundestag or two thirds of the votes of the Bundesrat. The impeachment shall be pleaded by a representative of the impeaching body.

(2) Should the Federal Constitutional Court find the Federal President guilty of a wilful violation of the Basic Law or any other federal law it may declare the office forfeited. After impeachment it may issue an injunction preventing the Federal President from performing the duties of office.
 
 
Chapter VI: THE FEDERAL GOVERNMENT
 
Article 62 Composition
 
The Federal Government shall consist of the Federal Chancellor and the Federal Ministers.
 
Article 63 Election and appointment of the Federal Chancellor  
   
(1) The Federal Chancellor shall be elected by the Bundestag without debate upon the proposal of the Federal President.

(2) The candidate obtaining the votes of the majority of the Members of the Bundestag is elected. The person elected shall be appointed by the Federal President.

(3) If the candidate is not elected the Bundestag may, within fourteen days of the ballot, elect a Federal Chancellor with more than one half of its Members.

(4) If no candidate has been elected within this period a new ballot shall be held without delay in which the person gaining most votes is elected. If the elected candidate has obtained the votes of the majority of the Members of the Bundestag the Federal President must make the appointment within seven days of the election. Failing that majority the Federal President shall either make the appointment or dissolve the Bundestag within seven days.
 
Article 64 Appointment of Federal Ministers  
   
(1) The Federal Ministers shall be appointed and dismissed by the Federal President upon the proposal of the Federal Chancellor.

(2) On taking office the Federal Chancellor and the Federal Ministers shall swear before the Bundestag the oath provided for in Article 56.
 
Article 65 Powers within the Federal Government  
   
The Federal Chancellor shall determine and be responsible for general policy guidelines. Within the limits set by these guidelines each Federal Minister shall run his department independently and on his own responsibility. The Federal Government shall settle differences of opinion between Federal Ministers. The Federal Chancellor shall preside over the conduct of Federal Government affairs in accordance with Rules of Procedure adopted by it and approved by the Federal President.
 
Article 65a Command of the Armed Forces  
 
Command of the Armed Forces shall be vested in the Federal Minister of Defence.
 
Article 66 Debarment from other office  
 
The Federal Chancellor and the Federal Ministers may not hold any other salaried office nor practise a trade or profession nor belong to the management or, without the consent of the Bundestag, the supervisory board of an enterprise.
 
Article 67 Constructive vote of no confidence  
;  
(1) The Bundestag may express its lack of confidence in the Federal Chancellor only by electing a successor with the majority of its Members and requesting the Federal President to dismiss the incumbent. The Federal President must comply with the request and appoint the person elected.

(2) Forty-eight hours must elapse between the motion and the vote.
 
Article 68 Vote of confidence, dissolution of the Bundestag  
     
(1) Where a motion of the Federal Chancellor for a vote of confidence is not carried 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. As soon as the Bundestag elects another Federal Chancellor with the majority of its Members it may no longer be dissolved.

(2) Forty-eight hours must elapse between the motion and the vote.
 
Article 69 The Deputy Federal Chancellor and members of the Federal Government  
  
(1) The Federal Chancellor shall appoint a Federal Minister as his deputy.

(2) The tenure of office of the Federal Chancellor or a Federal Minister shall end in any event when a new Bundestag convenes, that of a Federal Minister also where the Federal Chancellor's tenure ceases for any other reason.

(3) At the request of the Federal President the Federal Chancellor, or at the request of the Federal Chancellor or of the Federal President a Federal Minister, shall be obliged to continue in office until a successor has been appointed.
 
 
Chapter VII: FEDERAL LEGISLATION
 
Article 70 Legislative jurisdiction of the Federation and the Länder  
  
(1) The Länder have the right to legislate in so far as this Basic Law does not confer legislative powers on the Federation.

(2) The legislative jurisdiction of the Federation and the Länder shall be governed by the provisions of this Basic Law concerning exclusive and concurrent legislation.
 
Article 71 Exclusive legislation of the Federation  
 
In matters of exclusive federal legislation the Länder have the right to legislate only where and to the extent that they are explicitly empowered by federal law.
 
Article 72 Concurrent legislative powers  

(1) On matters within the concurrent legislative power, the Länder shall have power to legislate so long as and to the extent that the Federation has not exercised its legislative power by enacting a law.
(2) The Federation shall have the right to legislate on matters falling within clauses 4, 7, 11, 13, 15, 19a, 20, 22, 25 and 26 of paragraph (1) of Article 74, if and to the extent that the establishment of equivalent living conditions throughout the federal territory or the maintenance of legal or economic unity renders federal regulation necessary in the national interest.
(3) If the Federation has made use of its power to legislate, the Länder may enact laws at variance with this legislation with respect to :
1. hunting (except for the law on hunting licenses);
2. protection of nature and landscape management (except for the general principles governing the protection of nature, the law on protection of plant and animal species or the law on protection of marine life);
3. land distribution;
4. regional planning;
5. management of water resources (except for regulations related to materials or facilities);
6. admission to institutions of higher education and requirements for graduation in such institutions.
Federal laws on these matters shall enter into force no earlier than six months following their promulgation unless otherwise provided with the consent of the Bundesrat. As for the relationship between federal law and law of the Länder, the latest law enacted shall take precedence with respect to matters within the scope of the fi rst sentence.
(4) A federal law may provide that federal legislation that is no longer necessary within the meaning of paragraph (2) of this Article may be superseded by Land law.
 
Article 73 Areas of exclusive legislation  
  
(1) The Federation shall have exclusive legislative jurisdiction in respect of

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

2. citizenship in the Federation;

3. freedom of movement, passports, residency registration and identity cards, immigration, emigration and extradition;

4. currency, money and coinage, weights and measures, as well as standard time;

5. unity of the customs and trading area, treaties of commerce and navigation, free movement of goods, as well as international trade and payments including customs and border protection;

5a. safeguarding German cultural assets against removal from the country;
6. air transport;
 
6a. the operation of railways wholly or majority-owned by the Federation (federal rail ways), the construction, maintenance and operation of infrastructure of the federal railways as well as rates charged for the use of such infrastructure;

7. postal services and telecommunications;

8. the legal status of persons employed by the Federation and federal public corpora tions;

9. industrial property rights, copyright and publishing;

9a. protection by the Federal Criminal Police Offi ce against the dangers of international terrorism when a threat transcends the boundary of one Land, when the jurisdic tion of a Land’s police authorities cannot be perceived, or when the highest authority of an individual Land requests the assumption of federal responsibility;
10. cooperation between the Federation and the Länder in
(a) criminal police work,

(b) safeguarding the free democratic basic order and existence of the Federation or a Land (protection of the constitution), and

(c) measures to counter activities in the federal territory which through preparations for or the use of force jeopardize the external interests of the Federal Republic of Germany, as well as the establishment of a Federal Criminal Police Office and international action to combat crime;

11. statistics for federal purposes.
 
12. the law on weapons and explosives;

13. benefits for persons disabled by war and for dependents of deceased war victims as well as assistance to former prisoners of war;

14. the production and utilisation of nuclear energy for peaceful purposes, the construction and operation of facilities serving such purposes, protection against hazards arising from the release of nuclear energy or from ionising radiation, and the disposal of radioactive substances.
 
(2) Laws enacted pursuant to clause 9a of paragraph (1) require the consent of the Bundesrat.
 
Article 74 Matters under concurrent legislative powers 

(1) Concurrent legislative power shall extend to the following matters:
1. civil law, criminal law, court organisation and procedure (except for the correctional law of pretrial detention), the legal profession, notaries, and the provision of legal advice;
2. registration of births, deaths and marriages;
3. the law of association;
4. the law relating to residence and establishment of foreign nationals;
4a. (repealed)
5. (repealed)
6. matters concerning refugees and expellees;
7. public welfare (except for the law on social care homes);
8. (repealed)
9. war damage and reparations;
10. (repealed)
11. the law relating to economic matters (mining, industry, energy, crafts, trades, commerce, banking, stock exchanges and private insurance), except for the law on shop closing hours, restaurants, game halls, display of individual persons, trade fairs, exhibitions and markets;
11a. (repealed)
12. labour law, including the organisation of enterprises, occupational health and safety, and employment agencies, as well as social security, including unemployment insurance;
13. the regulation of educational and training grants and the promotion of research;
14. the law regarding expropriation, to the extent relevant to matters enumerated in Articles 73 and 74;
15. the transfer of land, natural resources, and means of production to public ownership or other forms of public enterprise;
16. prevention of the abuse of economic power;
17. the promotion of agricultural production and forestry (except for the law on land consolidation), ensuring the adequacy of food supply, the importation and exportation of agricultural and forestry products, deep-sea and coastal fishing, and preservation of the coasts;
18. urban real estate transactions, land law (except for laws regarding development fees), and the law on rental subsidies, subsidies for old debts, home building loan premiums, miners’ homebuilding and homesteading;
19. measures to combat human and animal diseases which pose a danger to the public or are communicable, admission to the medical profession and to ancillary professions or occupations, as well as the law on pharmacies, medicines, medical products, drugs, narcotics and poisons;
19a. the economic viability of hospitals and the regulation of hospital charges;
20. the law on food products including animals used in their production, the law on alcohol and tobacco, essential commodities and feedstuffs as well as protective measures in connection with the marketing of agricultural and forest seeds and seedlings, the protection of plants against diseases and pests, as well as the protection of animals;
21. maritime and coastal shipping, as well as navigational aids, inland navigation, meteorological services, sea routes, and inland waterways used for general traffi c;
22. road traffic, motor transport, construction and maintenance of long-distance highways, as well as the collection of tolls for the use of public highways by vehicles and the allocation of the revenue;
23. non-federal railways, except mountain railways;
24. waste disposal, air pollution control, and noise abatement (except for the protection from noise associated with human activity);
25. state liability;
26. medically assisted generation of human life, analysis and modification of genetic information as well as the regulation of organ, tissue and cell transplantation;
27. the statutory rights and duties of civil servants of the Länder, the municipalities and other corporations of public law as well as of the judges in the Länder, except for their career regulations, remuneration and pensions;
28. hunting;
29. protection of nature and landscape management;
30. land distribution;
31. regional planning;
32. management of water resources;
33. admission to institutions of higher education and requirements
for graduation in such institutions.

(2) Laws enacted pursuant to clauses 25 and 27 of paragraph
1. shall require the consent of the Bundesrat.

 
Article 74a Concurrent legislation of the Federation, public service pay scales and pensions
 
(repealed)
 
Article 75 Areas of federal framework legislation  
 
(repealed)
 
Article 76 Bills  
    
(1) Bills shall be presented in the Bundestag by the Federal Government, Members of the Bundestag or the Bundesrat.

(2) Bills of the Federal Government shall first be submitted to the Bundesrat. The Bundesrat is entitled to comment upon them within six weeks. Where on important grounds, especially the size of the bill, it demands an extension the time-limit shall be increased to nine weeks. Should in exceptional cases the Federal Government, on presenting a bill to the Bundesrat, declare it to be particularly urgent it may refer it to the Bundestag three weeks or, if the Bundesrat has demanded an extension pursuant to the third sentence of this paragraph, six weeks after its submission to the Bundesrat even though it may not yet have received the latter's comments; upon receiving such comments it shall transmit them to the Bundestag without delay. In the case of bills amending this Basic Law and transferring sovereign powers pursuant to Article 23 or Article 24 the time- limit for comments shall be nine weeks; the fourth sentence of this paragraph shall not apply.

(3) Bills of the Bundesrat shall be submitted to the Bundestag by the Federal Government within six weeks. The Federal Government shall state its opinion on them. Where on important grounds, especially the size of the bill, it demands an extension the time-limit shall be increased to nine weeks. Should in exceptional cases the Bundesrat declare a bill to the particularly urgent the time-limit shall be three weeks or, if the Federal Government has demanded an extension pursuant to the third sentence of this paragraph, six weeks. In the case of bills amending this Basic Law and transferring sovereign powers pursuant to Article 23 or Article 24 the time-limit shall be nine weeks; the fourth sentence of this paragraph shall not apply. The Bundestag shall debate and vote on bills within a reasonable period of time.
 
Article 77 The legislative process  
   
(1) Bills shall be adopted by the Bundestag. After their adoption they shall be transmitted to the Bundesrat by the President of the Bundestag without delay.

(2) The Bundesrat may within three weeks of receiving the adopted bill demand that it be referred to a committee composed of Members of the Bundestag and the Bundesrat. The composition and proceedings of this committee shall be governed by rules of procedure drawn up by the Bundestag and requiring the consent of the Bundesrat. The Members of the Bundesrat on this committee shall not be bound by instructions. Where the consent of the Bundesrat is required for a bill to become law the Bundestag and the Federal Government may likewise demand that it be referred to such a committee. Should the committee propose an amendment to the bill the Bundestag shall vote on it a second time.

(2a) In so far as its consent is required for a bill to become law the Bundesrat shall take a vote within a reasonable period of time if no demand for referral has been made pursuant to the first sentence of paragraph (2) of this Article or the mediation procedure has been completed without any amendment being proposed.

(3) In so far as its consent is not required for a bill to become law the Bundesrat may, when the procedure described in paragraph (2) of this Article is completed, object within two weeks to a bill adopted by the Bundestag. The period for objection shall begin, in the case of the last sentence of paragraph (2) of this Article, on receipt of the bill as passed again by the Bundestag and in all other cases on receipt of a communication from the chairman of the committee provided for in paragraph (2) of this Article to the effect that the committee's proceedings have been concluded.

(4) If the objection was adopted with a majority of the votes of the Bundesrat it may be rejected by a decision of the majority of the Members of the Bundestag. If the Bundesrat adopted the objection with a majority of at least two thirds of its votes its rejection by the Bundestag shall require a majority of two thirds of the votes or at least the majority of the Members of the Bundestag.
 
Article 78 Passage of federal laws 
  
A bill adopted by the Bundestag shall become law if the Bundesrat consents, does not request a referral as provided for in paragraph (2) of Article 77, does not enter an objection within the period stipulated in paragraph (3) of Article 77 or withdraws its objection, or if the objection is overridden by the Bundestag.
 
Article 79 Amendments to the Basic Law  
      
(1) This Basic Law may be amended only by a law expressly modifying or supplementing its text. In respect of international treaties concerning a peace settlement, the preparation of a peace settlement, or the phasing out of an occupation regime, or serving the defence of the Federal Republic, it shall be sufficient, in order to make clear that the provisions of this Basic Law do not preclude the conclusion and entry into force of such treaties, to supplement the text of this Basic Law and to confine the supplement to such clarification.

(2) Such law must be carried by two thirds of the Members of the Bundestag and two thirds of the votes of the Bundesrat.

(3) Amendments to this Basic Law affecting the division of the Federation into Länder, their participation in the legislative process, or the principles laid down in Articles 1 and 20 shall be prohibited.
 
Article 80 Delegated legislation  
     
(1) The Federal Government, a Federal Minister or the Land governments may be empowered by law to issue statutory orders. The content, purpose and scope of that power shall be specified in the law. Statutory orders shall contain a reference to their legal basis. Where the law provides that the power to issue statutory orders may be further delegated another statutory order shall be required to that effect.

(2) Unless otherwise provided for by federal legislation the consent of the Bundesrat shall be required for statutory orders issued by the Federal Government or a Federal Minister concerning rules and rates governing the use of postal services and telecommunications, rules governing rates for the use of federal railways or concerning the construction and operation of railways, as well as for statutory orders issued pursuant to federal legislation requiring the consent of the Bundesrat or implemented by the Länder as agents of the Federation or in their own right.

(3) The Bundesrat may submit bills for the issue of statutory orders requiring its consent to the Federal Government.

(4) In so far as Land governments are empowered by federal law or on the basis of existing federal legislation to issue statutory orders the Länder shall also be entitled to legislate on the matter.
 
Article 80a Application of legal provisions where a state of tension exists  
  
(1) Where this Basic Law or a federal law on defence including protection of the civilian population stipulates that legal provisions may only be applied in accordance with this Article their application shall, except where the country is in a state of defence, be admissible only after the Bundestag has confirmed that a state of tension exists or where it has specifically approved such application. Confirmation of a state of tension and specific approval in the cases mentioned in the first sentence of paragraph (5) and the second sentence of paragraph (6) of Article 12a shall require a two-thirds majority of the votes cast.

(2) Any measures taken by virtue of legal provisions pursuant to paragraph (1) of this Article shall be revoked should the Bundestag so require.

(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 by an international organization within the framework of a treaty of alliance with the approval of the Federal Government. Any measures taken pursuant to this paragraph shall be revoked should the Bundestag with the majority of its Members so require.
 
Article 81 Legislative emergency  
      
(1) Should in the circumstances provided for in 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 which is rejected by the Bundestag although declared urgent by the Federal Government. The same shall apply where a bill has been rejected despite the Federal Chancellor having combined it with a motion under Article 68.

(2) Where after a state of legislative emergency has been declared the Bundestag again rejects the bill or adopts a version unacceptable to the Federal Government it shall be deemed to have become law if it receives the consent of the Bundesrat. The same shall apply where the bill is not passed 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 become law in accordance with paragraphs (1) and (2) of this Article within a period of six months after the first declaration of a state of legislative emergency. After the expiration of this period no further declaration of a state of legislative emergency may be made during the term of office of the same Federal Chancellor.

(4) The Basic Law may not be amended nor repealed nor suspended in whole or in part by a law pursuant to paragraph (2) of this Article.
 
Article 82 Signing, promulgation and entry into force  
   
(1) Laws enacted in accordance with the provisions of this Basic Law shall, after countersignature, be signed by the Federal President and promulgated in the Federal Law Gazette. Statutory orders shall be signed by the authority which issues them and, unless otherwise provided by law, promulgated in the Federal Law Gazette.

(2) Every law and statutory order should specify the day on which it enters into force. In the absence of such a provision it shall take effect on the fourteenth day after the day on which the Federal Law Gazette containing it was published.
 
 
Chapter VIII: IMPLEMENTATION OF FEDERAL LEGISLATION, FEDERAL ADMINISTRATION
 
Article 83 Federal legislation  
  
The Länder shall implement federal legislation in their own right in so far as this Basic Law does not provide or permit otherwise.
 
Article 84 Länder administration – Federal oversight 
         
(1) Where the Länder execute federal laws in their own right, they shall provide for the establishment of the requisite authorities and regulate their administrative procedures. If federal laws provide otherwise, the Länder may enact deviating regulations. If a Land has enacted a law pursuant to the second sentence, subsequent federal laws regulating the organisation of authorities and their administrative procedure shall not be enacted until at least six months after their promulgation, provided that no other determination has been made with the consent of the Bundesrat. The third sentence of paragraph (2) of Article 72 shall apply accordingly. In exceptional cases, owing to a special need for uniform federal legislation, the Federation may regulate the administrative procedure with no possibility of separate Land legislation. Such laws shall require the consent of the Bundesrat. Federal laws may not entrust municipalities and associations of municipalities with any tasks.

(2) The Federal Government may, with the consent of the Bundesrat, issue general administrative rules.

(3) The Federal Government shall oversee the implementation of federal legislation by the Länder in accordance with applicable law. For this purpose the Federal Government may send commissioners to the supreme Land authorities and, with their approval or, where it is refused, with the consent of the Bundesrat, to subordinate authorities as well.

(4) Should any shortcomings in the implementation of federal legislation in the Länder which have been identified by the Federal Government not be rectified the Bundesrat shall decide, at the request of the Federal Government or the Land concerned, whether that Land is in breach of the law. The decision of the Bundesrat may be appealed from in the Federal Constitutional Court.

(5) With a view to implementing federal legislation the Federal Government may be empowered by a federal law requiring the consent of the Bundesrat to issue directives in special cases. They shall be addressed to the supreme Land authorities unless the Federal Government deems the matter urgent.
 
Article 85 Implementation of federal legislation by the Länder  
     
 
(1) Where the Länder implement federal legislation for the Federation the establishment of authorities shall remain their concern except in so far as federal legislation with the consent of the Bundesrat provides otherwise. Federal laws may not entrust municipalities and associations
of municipalities with any tasks.

(2) The Federal Government may, with the consent of the Bundesrat, issue general administrative rules. It may provide for the uniform training of civil servants and other public employees. The heads of intermediate authorities shall be appointed with its approval.

(3) The Land authorities shall comply with directives from the supreme federal authorities concerned. Such directives shall be addressed to the supreme Land authorities unless the Federal Government deems the matter urgent. Compliance with directives shall be ensured by the supreme Land authorities.

(4) Federal supervision shall relate to the legality and expediency of implementation. For this purpose the Federal Government may call for reports and the submission of files and send commissioners to any authority.
 
Article 86 Direct federal administration  
 
Where the Federation implements laws through its own administration or through federal public corporations or institutions the Federal Government shall, in so far as the law in question does not contain any specific provision in this respect, issue the general administrative rules. It shall provide for the establishment of the necessary authorities unless the law provides otherwise.
 
Article 87 Areas of direct federal administration  
  
(1) The Foreign Service, federal financial administration and, in accordance with the provisions of Article 89, administration of federal waterways and shipping shall be the direct responsibility of the Federation and have their own organizational substructures. Federal legislation may establish Federal Border Guard authorities and central offices for police information and communications, the criminal police and compilation of data for the purpose of protecting the constitution and countering activities on federal territory which, through the use of force or preparations for it, jeopardize the external interests of the Federal Republic of Germany.

(2) Social insurance institutions whose jurisdiction extends beyond the territory of one Land shall be administered as federal public corporations. Social insurance institutions whose jurisdiction extends beyond the territory of one Land but not beyond that of three Länder shall, in derogation of the first sentence of this paragraph, be administered as public corporations under the direct authority of one Land if it has been given supervisory authority by the Länder concerned.

(3) Furthermore, independent higher federal authorities as well as new federal public corporations and institutions may be established by federal law for matters falling within the legislative jurisdiction of the Federation. Where new responsibilities arise for the Federation in areas where it has the power to legislate, intermediate and lower federal authorities may, in case of urgent need, be established with the consent of the Bundesrat and the majority of the Members of the Bundestag.
 
Article 87a Establishment and purpose of the Armed Forces  
     
(1) The Federation shall establish Armed Forces for defence purposes. Their numerical strength and general organizational structure shall be shown in the budget.

(2) Other than for defence purposes the Armed Forces may only be employed to the extent explicitly permitted by this Basic Law.

(3) When a state of defence or tension exists the Armed Forces shall be authorized to protect civilian property and perform traffic control functions to the extent necessary to fulfil their defence mission. Moreover, they may, when a state of defence or tension exists, be assigned to protect civilian property, where necessary also in support of police measures; in this event the Armed Forces shall cooperate with the appropriate authorities.

(4) Where necessary to avert an imminent danger to the existence or free democratic basic order of the Federation or a Land the Federal Government may, should the conditions referred in paragraph (2) of Article 91 prevail and the police forces and the Federal Border Guard be insufficient, employ Armed Forces to support the police and the Federal Border Guard in protecting civilian property and combating organized armed insurgents. Any such employment of Armed Forces shall be terminated if the Bundestag or the Bundesrat so requires.
 
Article 87b The Federal Defence Administration  
     
(1) The Federal Defence Administration shall be the direct responsibility of the Federation and have its own organizational substructure. It shall be responsible for personnel and directly provide the equipment and facilities required by the Armed Forces. Responsibilities connected with the pensions of disabled persons or construction may not be assigned to the Federal Defence Administration except by federal legislation requiring the consent of the Bundesrat. Such consent shall also be required for any legislation authorizing the Federal Defence Administration to encroach upon rights of third parties; this shall, however, not apply in the case of legislation on personnel matters.

(2) Moreover, federal laws on defence including recruitment for military service and protection of the civilian population may, with the consent of the Bundesrat, provide that they shall be implemented wholly or in part either by the Federal Defence Administration direct or the Länder on behalf of the Federation. Where such laws are implemented by the Länder on behalf of the Federation they may, with the consent of the Bundesrat, provide that the powers vested in the Federal Government or the appropriate supreme federal authorities by virtue of Article 85 shall be transferred wholly or in part to higher federal authorities; in such an event they may provide that these authorities shall not require the consent of the Bundesrat in issuing general administrative rules in accordance with the first sentence of paragraph (2) of Article 85.
 
Article 87c Nuclear energy administration Production and utilisation of nuclear energy
  
Laws enacted under clause 14 of paragraph (1) of Article 73 may, with the consent of the Bundesrat, provide that they
shall be executed by the Länder on federal commission.
 
Article 87d Air transport administration
  
(1) Air transport administration shall be conducted under federal administration. Air navigation services may also be provided by foreign air navigation service providers which are authorised in accordance with European Community law. Details shall be regulated by a federal law .
 
(2) Air transport administration responsibilities may be delegated to the Länder by means of federal legislation requiring the consent of the Bundesrat.
 
Article 87e Federal railways administration  
  
(1) Federal rail transport shall be the direct responsibility of the Federation. Rail transport administration responsibilities may be delegated to the Länder by means of federal legislation.

(2) The Federation shall discharge rail transport administration responsibilities assigned to it by federal legislation, over and above those concerning federal railways.

(3) Federal railways shall be operated as private enterprises. Such enterprises shall remain the property of the Federation to the extent that their operations include the construction, maintenance and operation of infrastructure. Any sale of federal shares in enterprises referred to in the second sentence shall be effected on the basis of a law; the Federation shall retain a majority holding. Details shall be the subject of federal legislation.

(4) The Federation shall ensure that in improving and maintaining infrastructure of the federal railways and in providing services other than local passenger rail services due account is taken of the interests and especially the transport requirements of the whole community. Details shall be the subject of federal legislation.

(5) Legislation pursuant to paragraphs 1 to 4 of this article shall require the consent of the Bundesrat. Legislation governing the winding up, merging or splitting up of federal railway enterprises, the transfer of ownership of federal railway infrastructure to third parties or the closure of such infrastructure, or affecting local passenger rail services, shall likewise require the consent of the Bundesrat.
 
Article 87f Postal services and telecommunications  
  
(1) In accordance with the provisions of a federal law, which shall require the consent of the Bundesrat, the Federation shall guarantee appropriate and adequate postal and telecommunication services throughout the country.

(2) Services within the meaning of paragraph (1) shall be provided by the private companies ensuing from the Deutsche Bundespost Special Fund and by other private operators. Public responsibilities concerning postal and telecommunication services shall be carried out within the scope of direct federal administration.

(3) Notwithstanding the second sentence of paragraph (2) of this Article the Federation, in the legal form of a federal public institution, shall carry out individual responsibilities relating to the companies ensuing from the Deutsche Bundespost Special Fund in accordance with the provisions of a federal law.
 
Article 88 The Federal Bank  
   
The Federation shall establish a note-issuing and currency bank as the Federal Bank. Its responsibilities and powers may, within the framework of the European Union, be transferred to the European Central Bank, which is independent and whose primary aim is to safeguard price stability.
 
Article 89 Federal waterways  
 
(1) The Federation shall be the owner of the former Reich waterways.

(2) The Federation shall manage the federal waterways through its own authorities. It shall discharge public responsibilities concerning inland navigation which extend beyond the territory of any single Land as well as those vested in it by law. Upon request the Federation may delegate the management of federal waterways, in so far as they lie within the territory of one Land, to that Land acting on its behalf. Where a waterway passes through the territory of several Länder the Federation may delegate responsibility to one Land at the request of the Länder concerned.

(3) In the management, development and construction of waterways account shall be taken of land improvement and water management requirements in agreement with the Länder.
 
Article 90 Federal highways
 
(1) The Federation shall remain the owner of the federal motorways and other federal trunk roads. This ownership shall be inalienable.

(2) The administration of the federal motorways shall be a matter for the federal administrative authorities. The Federation may make use of a company under private law to discharge its responsibilities. This company shall be in the inalienable ownership of the Federation. Third parties shall have no direct or indirect holding in the company and its subsidiaries. Third parties shall have no holdings in the
framework of public-private partnerships in road networks comprising the entire federal motorway network or the entire network of other federal trunk roads in a Land or significant parts of these networks. Details shall be regulated by a federal law.
(3) The Länder, or such self-governing corporate bodies as are competent under Land law, shall administer on federal commission the other federal trunk roads.
 
(4) At the request of a Land, the Federation may assume administrative responsibility for the other federal trunk roads insofar as they lie within the territory of that Land.
 
 
Article 91 Internal emergency  
    
(1) Where necessary to avert an imminent danger to the existence or free democratic basic order of the Federation or a Land, a Land may call upon the services of the police forces of other Länder or of the forces and facilities of other administrative authorities and of the Federal Border Guard.

(2) If the Land where such danger is imminent is not itself prepared or able to combat the danger the Federal Government may place the police in that Land and the police forces of other Länder under its own authority and employ units of the Federal Border Guard. The relevant order shall be cancelled when the danger has been removed, otherwise at any time at the request of the Bundesrat. Where the danger extends to a region larger than a Land the Federal Government may, to the extent necessary to combat the danger effectively, issue directives to the Land governments; the first and second sentences of this paragraph shall not be affected by this provision.
 
 
Chapter VIIIa: JOINT TASKS
 
Article 91a Joint tasks – Responsibility for expenditure
    
(1) The Federation shall participate in discharging the responsibilities of the Länder in the following areas provided that they are relevant to the community as a whole and that its participation is necessary in order to improve living conditions (joint responsibilities):

1. (repealed)

2. improvement of regional economic structures;

3. improvement of agricultural structure and coastal preservation.

(2) Federal laws enacted with the consent of the Bundesrat shall specify the joint tasks as well as the details of coordination.
(3) In cases to which clause 1 of paragraph (1) of this Article applies, the Federation shall finance one half of the expenditure in each Land. In cases to which clause 2 of paragraph (1) of this Article applies, the Federation shall finance at least one half of the expenditure, and the proportion shall be the same for all Länder. Details shall be regulated by law.
The provision of funds shall be subject to appropriation in the budgets of the Federation and the Länder.
 
(4) (repealed)

(5) (repealed)
 
Article 91b Education programmes and promotion of research
 
(1) The Federation and the Länder may cooperate on the basis of agreements in cases of supraregional importance in the promotion of sciences, research and teaching. Agreements primarily affecting institutions of higher education shall require the consent of all the Länder. This provision shall not apply to agreements regarding the construction of research facilities, including large scientific installations.
(2) The Federation and the Länder may mutually agree to cooperate for the assessment of the performance of educational systems in international comparison and in drafting relevant reports and recommendations.
(3) The apportionment of costs shall be regulated in the pertinent agreement.
 

Article 91c Information technology system
 
(1) The Federation and the Länder may cooperate in planning, constructing, and operating information technology systemsneeded to discharge their responsibilities.
(2) The Federation and the Länder may agree to specify the standards and security requirements necessary for exchangesbetween their information technology systems. Agreements regarding the bases of cooperation under the first sentence may provide, for individual responsibilities determinedby their content and scope, that detailed regulations
be enacted with the consent of a qualified majority of the Federation and the Länder as laid down in the agreements. They require the consent of the Bundestag and the legislatures
of the participating Länder; the right to withdraw from these agreements cannot be precluded. The agreements shall also regulate the sharing of costs.
(3) The Länder may also agree on the joint operation of information technology systems along with the establishment of installations for that purpose.
(4) For linking the information networks of the Federation and the Länder, the Federation shall establish a connecting network. Details regarding the establishment and the operation
of the connecting network shall be regulated by a federal law with the consent of the Bundesrat.
(5) Comprehensive access by means of information technology to the administrative services of the Federation and the Länder shall be regulated by a federal law with the consent of the Bundesrat.
 
Article 91d Comparison of performance

With a view to ascertaining and improving the performance of their administrations, the Federation and the Länder may conduct comparative studies and publish the results
thereof.
 
Artile 91e Cooperation in respect of basic support fro performance for persons seeking employment
(1) In the execution of federal laws in the fi eld of basic support for persons seeking employment the Federation and the Länder or the municipalities and associations of municipalities responsible pursuant to Land law shall generally cooperate in joint institutions.

(2) The Federation may authorise a limited number of municipalities and associations of municipalities, at their request and with the consent of the highest Land authority, to discharge the tasks pursuant to paragraph (1) alone. In this case, the Federation shall bear the necessary expenditures including the administrative expenses for the tasks which are to be discharged by the Federation in the execution of laws pursuant to paragraph (1).

(3) Details shall be regulated by a federal law requiring the consent of the Bundesrat.
 
Chapter IX: ADMINISTRATION OF JUSTICE
 
Article 92 Judicial power  
   
Judicial power shall be vested in the judges; it shall be exercised by the Federal Constitutional Court, the federal courts provided for in this Basic Law, and the courts of the Länder.
 
Article 93 The Federal Constitutional Court, jurisdiction  
             
(1) The Federal Constitutional Court shall rule:

1. on the interpretation of this Basic Law in disputes concerning the extent of the rights and obligations of a supreme federal institution or other institutions concerned who have been vested with rights of their own by this Basic Law or by the rules of procedure of a supreme federal institution;

2. in case of disagreement or doubt as to the formal and material compatibility of federal or Land legislation with this Basic Law or as to the compatibility of Land legislation with other federal legislation at the request of the Federal Government, a Land government or one third of the Members of the Bundestag;
in the event of disagreements or doubts concerning the formal or substantive compatibility of federal law or Land law with this Basic Law, or the compatibility of Land law with other federal law, on application of the Federal Government, of a Land government, or of one
fourth of the Members of the Bundestag;

2a. in case of disagreement as to whether a law meets the requirements of paragraph (2)of Article 72, on request from the Bundesrat or the government or the parliament of a Land;

3. in case of disagreement on the rights and obligations of the Federation and the Länder, particularly in the implementation of federal legislation by the Länder and in the exercise of federal supervision;

4. on other disputes involving public law between the Federation and the Länder, between Länder or within a Land, unless recourse to another court exists;

4a. on constitutional complaints which may be filed by anybody claiming that one of their basic rights or one of their rights under paragraph (4) of Article 20 or under Article 33, 38, 101, 103 or 104 has been violated by public authority;

4b. on constitutional complaints by municipalities or associations of municipalities alleging violation of their right of self-government under Article 28 by a (federal) law; in case of violation by a Land law, however, only where a complaint cannot be lodged with the Land constitutional court;
 
4c. on complaints lodged by associations against their non-recognition as a party for the election to the Bundestag.

5. in the other cases provided for in this Basic Law.

(2) At the request of the Bundesrat, a Land government or the parliamentary assembly of a Land, the Federal Constitutional Court shall also rule whether in cases falling under paragraph (4) of Article 72 the need for a regulation by federal law does not exist any longer or whether in the cases referred to in clause 1 of paragraph (2) of Article 125a federal law could not be enacted any longer. The Court’s determination that the need has ceased to exist or that federal law could no longer be enacted substitutes a federal law according to paragraph (4) of Article 72 or clause 2 of paragraph
(2) of Article 125a. A request under the fi rst sentence is admissible only if a bill falling under paragraph (4) of Article 72 or the second sentence of paragraph (2) of Article 125a has been rejected by the German Bundestag or if it has not been considered and determined upon within one year, or if a similar bill has been rejected by the Bundesrat.

(3) The Federal Constitutional Court shall also rule on any other cases referred to it by federal legislation.
 
Article 94 The Federal Constitutional Court, composition  
         
(1) The Federal Constitutional Court shall be composed of federal judges and other members. Half of the members of the Federal Constitutional Court shall be elected by the Bundestag and half by the Bundesrat. They may not be members of the Bundestag, the Bundesrat, the Federal Government, nor of any of the corresponding institutions of a Land.

(2) The constitution and procedure of the Federal Constitutional Court shall be governed by a federal law which shall specify the cases in which its decisions have the force of law. Such law may make a complaint of unconstitutionality conditional upon the exhaustion of all other legal remedies and provide for a special admissibility procedure.
 
Article 95 Supreme federal courts, joint panel  
    
(1) For the purposes of ordinary, administrative, financial, labour and social jurisdiction the Federation shall establish as supreme courts the Federal Court of Justice, the Federal Administrative Court, the Federal Finance Court, the Federal Labour Court and the Federal Social Court.

(2) The judges of each of these courts shall be selected jointly by the appropriate Federal Minister and a selection committee composed of the appropriate Land ministers and an equal number of members elected by the Bundestag.

(3) In order to ensure uniformity in the administration of justice a joint panel of the courts specified in paragraph (1) of this Article shall be formed. Details shall be the subject of a federal law.
 
Article 96 Other federal courts, exercise of federal jurisdiction by courts of the Länder
       
  
(1) The Federation may establish a federal court for matters respecting industrial property rights.
(2) The Federation may establish federal military criminal courts for the Armed Forces. These courts may exercise criminal jurisdiction only during a state of defense or over members of the Armed Forces serving abroad or on board warships. Details shall be regulated by a federal law. These courts shall be under the aegis of the Federal Minister of Justice. Their full-time judges shall be persons qualified to hold judicial office.
(3) The supreme court of review from the courts designated in paragraphs (1) and (2) of this Article shall be the Federal Court of Justice.
(4) The Federation may establish federal courts for disciplinary proceedings against, and for proceedings on complaints by, persons in the federal public service.
(5) With the consent of the Bundesrat, a federal law may provide that courts of the Länder shall exercise federal jurisdiction over criminal proceedings in the following matters:
1. genocide;
2. crimes against humanity under international criminal law;
3. war crimes;
4. other acts tending to and undertaken with the intent to disturb the peaceful relations between nations (paragraph (1) of Article 26);
5. state security.
 
Article 97 Independence of judges  
  
(1) Judges shall be independent and subject only to the law.

(2) Judges appointed to full-time, permanent posts cannot, against their will, be dismissed or permanently or temporarily suspended or transferred or retired before the expiration of their term of office except by virtue of a judicial decision and only on the grounds and in the form provided for by law. Legislation may set age limits for the retirement of judges appointed for life. In the event of changes in the structure of courts or their districts judges may be transferred to another court or removed from office, but only on full salary.
 
Article 98 Legal status of judges – Impeachment 
       
(1) The status of federal judges shall be the subject of a special federal law.

(2) Where a federal judge, in an official capacity or unofficially, infringes the principles of this Basic Law or the constitutional order of a Land the Federal Constitutional Court may, upon the request of the Bundestag and with a two-thirds majority, order the judge's transfer or retirement. If the infringement was deliberate it may order dismissal.

(3) The legal status of the judges in the Länder shall be regulated by special Land laws if clause 27 of paragraph (1) of Article 74 does not otherwise provide.

(4) The Länder may provide that the Land Minister of Justice together with a selection committee shall decide on the appointment of Land judges.

(5) In respect of Land judges the Länder may make provision corresponding to that described in paragraph (2) of this Article. Land constitutional law shall remain unaffected. The ruling in a case of impeachment of a judge shall rest with the Federal Constitutional Court.
 
Article 99 Rulings of the Federal Constitutional Court and the supreme federal courts in disputes concerning Land legislation  
 
Rulings on constitutional disputes within a Land may be referred by Land legislation to the Federal Constitutional Court and rulings at last instance in matters involving the application of Land law to the supreme courts referred to in paragraph (1) of Article 95.
 
Article 100 Compatibility of legislation and constitutional law  
  
(1) Where a court considers that a law on whose validity its ruling depends is unconstitutional it shall stay the proceedings and, if it holds the constitution of a Land to be violated, seek a ruling from the Land court with jurisdiction for constitutional disputes or, where it holds this Basic Law to be violated, from the Federal Constitutional Court. This shall also apply where this Basic Law is held to be violated by Land law or where a Land law is held to be incompatible with a federal law.

(2) Where in the course of litigation doubt exists whether a rule of international law is an integral part of federal law and whether such rule directly establishes rights and obligations for the individual (Article 25), the court shall seek a ruling from the Federal Constitutional Court.

(3) Where in interpreting this Basic Law the constitutional court of a Land proposes to deviate from a ruling of the Federal Constitutional Court or of the constitutional court of another Land it shall seek a ruling from the Federal Constitutional Court.
 
Article 101 Inadmissibility of courts with special jurisdiction  
  
(1) Courts with special jurisdiction shall be inadmissible. Nobody may be removed from the jurisdiction of their lawful judge.

(2) Courts for specific matters may be established only by law.
 
Article 102 Abolition of capital punishment  
 
Capital punishment is abolished.
 
Article 103 Court hearings, inadmissibility of retroactive criminal legislation and double jeopardy  
   
(1) In court everybody is entitled to a hearing in accordance with the law.

(2) An act may be punished only if it constituted a criminal offence under the law before the act was committed.

(3) Nobody may be punished for the same act more than once under general criminal legislation.
 
Article 104 Legal guarantees in the event of detention  
    
(1) Individual liberty may be restricted only pursuant to a formal law and only in the manner it prescribes. Detainees may not be subjected to mental or physical ill-treatment.

(2) Only a judge may decide on the admissibility or continuation of detention. Where such detention is not based on the order of a judge a judicial ruling shall be obtained without delay. The police may not hold anybody on their own authority longer than the end of the day after the arrest. Details shall be the subject of legislation.

(3) Anybody provisionally detained on suspicion of having committed a criminal offence shall be brought before a judge not later than the day after their detention; the judge shall inform them of the reasons for their detention, question them and allow them to plead. The judge shall forthwith either issue a warrant for their arrest containing the reasons or order their release.

(4) A relative or somebody enjoying the confidence of the detainee shall be notified without delay of any judicial ruling imposing or ordering the continuation of detention.
 
Chapter X: FINANCE
 
Article 104a Apportionment of expenditures – Financial system – Liability 
     
(1) The Federation and the Länder shall separately finance expenditure resulting from the discharge of their respective responsibilities in so far as this Basic Law does not provide otherwise.

(2) Where the Länder act for the Federation the latter shall finance the resulting expenditure.

(3) Federal laws to be implemented by the Länder and involving the disbursement of funds may provide that such funds shall be contributed wholly or in part by the Federation. Where the law provides that the Federation shall meet one half of the expenditure or more the Länder shall implement it for the Federation.

(4) Federal laws that oblige the Länder to provide money grants, benefi ts in kind or comparable services to third persons and which are executed by the Länder in their own right or according to the second sentence of paragraph (3) on commission of the Federation shall require the consent of the Bundesrat if the expenditure resulting therefrom shall be borne by the Länder.

(5) The Federation and the Länder shall finance the administrative expenditure incurred by their respective authorities and be responsible to each other for ensuring proper administration. Details shall be the subject of a federal law requiring the consent of the Bundesrat.
 
(6) In accord with the internal allocation of competencies and responsibilities, the Federation and the Länder shall bear
the costs entailed by a violation of obligations incumbent on Germany under supranational or international law. In cases of financial corrections by the European Union with effect transcending one specifi c Land, the Federation and the Länder shall bear such costs at a ratio of 15 to 85. In such cases, the Länder as a whole shall be responsible in solidarity for 35 per cent of the total burden according to a general formula; 50 per cent of the total burden shall be borne by those Länder which have caused the encumbrance, adjusted to the size of the amount of the financial means received. Details shall be regulated by a federal law requiring the consent of the Bundesrat.
 
Article 104b Financial assistance for investments
 

(1) To the extent that this Basic Law confers on it the power to legislate, the Federation may grant the Länder financial assistance for particularly important investments by the Länder and municipalities (associations of municipalities) which are necessary to:
1. avert a disturbance of the overall economic equilibrium;
2. equalise differing economic capacities within the federal territory; or
3. promote economic growth. In deviating from the first sentence, the Federation may grant financial assistance even outside its fi eld of legislative powers in cases of natural disasters or exceptional emergency situations beyond governmental control and substantially harmful to the state’s fi nancial capacity.
In deviating from the first sentence, the Federation may grant financial assistance even outside its fi eld of legislative powers in cases of natural disasters or exceptional emergency
situations beyond governmental control and substantially harmful to the state's financial capacity.
(2) Details, especially with respect to the kinds of investments to be promoted, shall be regulated by a federal law requiring the consent of the Bundesrat or by an executive agreement based on the Federal Budget Act. The federal law or executive agreement may contain provisions on the shaping of the respective Land programmes for the use of the financial assistance. The criteria for the shaping of the Land programmes shall be specified in agreement with the affected Länder. To guarantee that the funds are used for their intended purpose, the Federal Government may require the submission of reports and documents and conduct surveys of any authorities. The duration of the grants shall be limited, and the grants must be reviewed at regular intervals with respect to the manner in which they are used. The financial assistance must be designed with descending annual contributions.

(3) Upon request, the Bundestag, the Federal Government as well as the Bundesrat shall be informed about the implementation of such measures and the improvements reached.
Article 104c
The Federation may grant the Länder financial assistance for investments of significance to the nation as a whole on the part of financially weak municipalities (associations of municipalities) in municipal education infrastructure. Paragraphs (2) and (3) of Article 104b shall apply mutatis mutandis.
 
Article 105 Legislative powers  
       
(1) The Federation shall have exclusive power to legislate on customs duties 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 in so far as they are not identical with taxes imposed by federal legislation. They are empowered to determine the rate of the tax on acquisition of real estate.

(3) Federal legislation on taxes the revenue from which accrues wholly or in part to the Länder or municipalities (associations of municipalities) shall require the consent of the Bundesrat.
 
Article 106 Apportionment of tax revenue  
    
(1) The yield of fiscal monopolies and the revenue from the following taxes shall accrue to the Federation:

   1. customs duties;

   2. excise taxes in so far as they do not accrue to the Länder pursuant to paragraph (2) or jointly to the Federation and the Länder in accordance with paragraph (3) or to the municipalities in accordance with paragraph (6) of this Article;

   3. the road freight tax, motor vehicle tax, and other taxes on transactions related to motorised vehicles;

   4. capital transaction taxes, insurance tax and tax on bills of exchange;

   5. non-recurrent levies on property and equalization of burdens levies;

   6. income and corporation surtaxes;

   7. levies within the framework of the European Communities.

(2) Revenue from the income tax, the corporation tax and the turnover tax accrues jointly to the Bund and to the Länder (joint taxes), insofar as the revenue from income tax, pursuant to paragraph 5, and the income from the turnover tax, pursuant to paragraph 5a, is not allocated to municipalities. The revenues from income taxes and corporation taxes are shared equally by the Bund and the Länder. The shares of the Bund and the Länder from the turnover tax are established by a Federal law, which requires the consent of the Bundesrat. In the determination, the following principles shall apply :
 
   1. Within the framework of current revenues the Bund and the Länder have equal claim(s) to the coverage of their current expenditures. In this extent of expenditures shall be determined with due consideration of financial planning over several years.
 
   2. The requirements for financial coverage by the Bund and by the Länder shall be coordinated in a way that achieves an equitable balance, excessive burdening is avoided and the uniformity of living conditions in the entire federal territory is preserved.
 
Also, in the determination of the shares of the Bund and the Länder from the turnover tax, reductions in revenue incurred byt the Länder from January 1, 1996, due to provisions made with regard to children in income tax law shall be taken into account. Details are provided by federal law pursuant to paragraph 3.
(3) The shares of the Bund and the Länder in the revenue from the turnover tax are to be newly determined if the ratio between the revenues and the expenditures of the Bund and Länder develop in a substantially different way. Reductions in revenue, which according to the fifth sentence of paragraph (3) are to be taken into account in the determination of the turnover tax, shall not be applied (unberücksichtigt). If additional burdens are imposed or revenues are withdrawn by a federal law, the additional burden may be adjusted (ausgeglichen) by means of financial grants by the Bund on the basis of a federal law, which requires the consent of the Bundesrat, provided they are limited to a short time. The law shall determine the principles for the calculation of these financial grants and for their distribution among the Länder.
(4) The municipalities receive a share revenue from the income tax, which shall be passed on by the Länder to the municipalities on the basis of the income tax burdens (Einkommensteuerbelastungen) of their inhabitants. Details are determined by a Federal law which requires the consent of the Bundesrat. It can provide that the municipalities can determine the proportions (Hebesätze) of the municipal share.
 
(4a) Beginning on January 1, 1998, the municipalities receive a share of the revenue of the turnover tax. It is passed on by the Länder to the municipalities
(5) The revenue from the real property tax and the trade tax accrues to the municipalities, the revenue from local excise taxes accrues to the municipalities, or as provided by Land legislation, to associations of municipalities, or as provided by Land legislation, to associations of municipalities (Gemeindeverbände). The municipalities are accorded the right to set the tax assessment on real property and trades within the framework of the laws. If there are municipalities in a Land the revenue from real property and trade taxes as well as the local use and excise taxes accrue to the Land. Federation and Länder can participate in the revenue from the trade tax by an assessment. Details concerning the assessment are determined by a Federal law, which requires the consent of the Bundesrat. In accord with Land legislation, taxes on real property and trades as well as the share of the municipalities of the revenue from the income tax and the turnover tax may be used as the basis for calculating the apportionment.
 
(6) Of the Land share of the total revenue from joint taxes a percentage accrues to the municipalities or associations of municipalities which is to be determined by Land legislation. For the rest, the Land legislation determines whether, and to what extent, revenue from Land taxes accrues to the municipalities (associations of municipalities).
 
(7) If the Bund causes individual Länder of municipalities (associations of municipalities) to institute special facilities, which result directly in additional expenditures or reductions in revenue (extra burdens) to these Länder or municipalities (associations of municipalities), the Bund shall provide the required compensation , of and insofar the Länder or municipalities (associations of municipalities) cannot be expected to bear extra burdens. Compensation by third parties and financial advantages that accrue to the Länder or municipalities (associations of municipalities), as a result of the special facilities, shall be taken into account in the compensation.
 
(8) As revenues and expenditures of the Länder in the meaning of this article, are also deemed the revenues and expenditures of the municipalities (associations of municipalities)
 
 
Article 106a Tax allocation for local passenger transport services  
   
As from 1 January 1996 the Länder shall be entitled to an allocation from federal tax revenue for public local passenger transport services. Details shall be the subject of federal legislation which shall require the consent of the Bundesrat. The allocation provided for in the first sentence of this article shall not be taken into account in assessing financial capacity in accordance with paragraph 2 of Article 107.
 
 
Article 106b Länder share of motor vehicle tax
 
As of 1 July 2009, following the transfer of the motor vehicle tax to the Federation, the Länder shall be entitled to a sum from the tax revenue of the Federation. Details shall be regulated by a federal law requiring the consent of the Bundesrat.

Article 107 Distribution of tax revenue – Financial equalisation among the Länder – Supplementary grants 
    
(1) The Land share of revenue from the turnover tax shall accrue to the individual Länder on a percapita basis. A federal law requiring the consent of the Bundesrat may provide for the grant of supplementary shares not exceeding one quarter of a Land share to Länder whose per capita income from Land taxes, from income and corporation taxes and from taxes under Article 106b ranks below the average of all the Länder combined. With respect to the tax on the acquisition of real estate, the capacity to generate revenue shall be considered. The Land share of revenue from the turnover tax shall accrue to the individual Länder on a per capita basis, unless otherwise provided in paragraph (2) of this Article.
 
(2) A federal law requiring the consent of the Bundesrat shall ensure a reasonable equalisation of the disparate financial capacities of the Länder, with due regard for the financial capacities and needs of municipalities (associations of municipalities). To this end, additions to and deductions from the financial capacity of the respective Länder shall be regulated in the allotment of their shares of revenue from
the turnover tax. The conditions for granting additions and imposing reductions as well as the criteria governing the amount of these additions and deductions shall be specified in the law. For the purpose of measuring financial capacity, it shall be permissible to consider only part of the revenue from mining royalties. The law may also provide for grants to be made by the Federation to financially weak Länder
from its own funds to assist them in meeting their general financial needs (supplementary grants). Irrespective of the criteria specified in the first to the third sentence of this paragraph, grants may also be made to such financially weak Länder whose municipalities (associations of municipalities)
have a particularly low capacity to generate tax revenue (municipal tax-base grants) and, in addition, to such financially weak Länder whose shares of the support funds under Article 91b are lower than their per capita shares.
 
Article 108 Financial administration
    

(1) Customs duties, fiscal monopolies, taxes on consumption regulated by a federal law, including the turnover tax on imports, the motor vehicle tax and other transaction taxes related to motorised vehicles as from 1 July 2009, and charges imposed within the framework of the European Communities shall be administered by federal finance authorities.
(2) All other taxes shall be administered by the revenue authorities of the Länder. The organization of these authorities and the uniform training of their civil servants may be regulated by a federal law requiring the consent of the Bundesrat. The heads of intermediate authorities shall be appointed in agreement with the Federal Government.
(3) To the extent that taxes accruing wholly or in part to the Federation are administered by revenue authorities of the Länder, those authorities shall act on federal commission. Paragraphs (3) and (4) of Article 85 shall apply, provided that the Federal Minister of Finance shall take the place of the Federal Government.
(4) Where and to the extent that execution of the tax laws will be substantially facilitated or improved thereby, a federal law requiring the consent of the Bundesrat may provide for collaboration between federal and Land revenue authorities in matters of tax administration, for the administration of taxes enumerated in paragraph (1) of this Article by revenue authorities of the Länder, or for the administration of other taxes by federal revenue authorities. The functions of Land revenue authorities in the administration of taxes whose revenue accrues exclusively to municipalities (associations of municipalities) may be delegated by the Länder to municipalities (associations of municipalities) wholly or in part. The federal law referred to in the first sentence of this paragraph may, with regard to collaboration between the Federation and Länder, provide that, with the consent of a majority specified in the law, rules for the execution of tax laws will become binding for all Länder.
(4a) A federal law requiring the consent of the Bundesrat may provide, in the case of the administration of taxes enumerated in paragraph (2), for collaboration between Land revenue authorities and for an inter-Land transfer of competence to Land revenue authorities of one or more Länder by agreement with the Länder concerned where and to the extent that execution of the tax laws will be substantially facilitated or improved thereby. The apportionment of costs may be regulated by a federal law.
 
(5) The procedures to be followed by federal revenue authorities shall be prescribed by a federal law. The procedures to be followed by Land revenue authorities or, as provided by the second sentence of paragraph (4) of this Article, by municipalities (associations of municipalities) may be prescribed by a federal law requiring the consent of the Bundesrat.
(6) Financial jurisdiction shall be uniformly regulated by a federal law.
(7) The Federal Government may issue general administrative rules which, to the extent that administration is entrusted to Land revenue authorities or to municipalities (associations of municipalities), shall require the consent of the Bundesrat.
 
Article 109. Budgets of the Federation and the Länder  
     
(1) In their budget management the Federation and the Länder shall be autonomous and mutually independent.

(2). The Federation and the Länder shall perform jointly the obligations of the Federal Republic of Germany resulting from legal acts of the European Community for the maintenance of budgetary discipline pursuant to Article 104 of the Treaty Establishing the European Community and shall, within this framework, give due regard to the requirements of overall economic equilibrium.

(3). The budgets of the Federation and the Länder shall in principle be balanced without revenue from credits. The Federation and Länder may introduce rules intended to take into account, symmetrically in times of upswing and downswing, the effects of market developments that deviate from normal conditions, as well as exceptions for natural disasters or unusual emergency situations beyond governmental control and substantially harmful to the state's financial capacity. For such exceptional regimes, a corresponding amortisation plan must be adopted. Details for the budget of the Federation shall be governed by Article 115 with the proviso that the first sentence shall be deemed to be satisfied if revenue from credits does not exceed 0.35 percent in relation to the nominal gross domestic product. The Länder themselves shall regulate details for the budgets within the framework of their constitutional powers, the proviso being that the first sentence shall only be deemed to be satisfied if no revenue from credits is admitted.

(4) Through federal legislation requiring the consent of the Bundesrat principles applicable to both the Federation and the Länder may be established governing budgetary law, budget management reflecting the economic situation, and pluriennial financial planning.

(5) Sanctions imposed by the European Community on the basis of the provisions of Article 104 of the Treaty Establishing the European Community in the interest of maintaining budgetary discipline, shall be borne by the Federation and the Länder at a ratio of 65 to 35 percent.In solidarity, the Länder as a whole shall bear 35 percent of the charges incumbent on the Länder according to the number of their inhabitants; 65 percent of the charges incumbent on the Länder shall be borne by the Länder according to their degree of causation. Details shall be regulated by a federal law which shall require the consent of the Bundesrat.

Article 109a - Budgetary emergencies

1. To avoid a budgetary emergency, a federal law requiring the consent of the Bundesrat shall provide for:

1. the continuing supervision of budgetary management of the Federation and the Länder by a joint body (Stability Council),

2. the conditions and procedures for ascertaining the threat of a budgetary emergency,

3. the principles for the establishment and administration of programs for taking care of budgetary emergencies.
2. From the year 2020, oversight of compliance with the provisions of paragraph (3) of Article 109 by the Federation and the Länder shall be entrusted to the Stability Council. This oversight shall be focused on the provisions and procedures regarding adherence to budgetary discipline from legal acts based on the Treaty on the Functioning of the European Union.
3. The decisions of the Stability Council and the accompanying documents shall be published.
 
Article 110 Budget, Federal Budget Act  
    
(1) All federal revenue and expenditure shall be included in the budget; in the case of federal enterprises and special funds only allocations to and revenue from them need be included. Budget revenue and expenditure shall be balanced.

(2) The budget shall be laid down in a bill covering one or several financial years separately before the beginning of the first year. Provision may be made for parts of the budget to apply to periods of different duration for different financial years.

(3) The bill provided for in the first sentence of paragraph (2) of this Article as well as bills amending the Budget Act and the budget shall be submitted simultaneously to the Bundesrat and the Bundestag; the Bundesrat shall be entitled to state its position on bills within six weeks or, in the case of amending bills, within three weeks.

(4) The Budget Act may contain only such provisions as apply to federal revenue and expenditure and to the period for which it is being enacted. The Budget Act may stipulate that such provisions shall cease to apply only upon the promulgation of the next Budget Act or, in the event of an empowerment pursuant to Article 115, at a later date.
 
Article 111 Provisional budget expenditure  
  
(1) Where by the end of a financial year the budget estimates for the following year have not been determined by law the Federal Government may, until such law comes into force, authorize all expenditure necessary:

(a) to maintain statutory institutions and implement statutory measures,

(b) to meet the legal obligations of the Federation,

(c) to continue building projects, procurements and other services or to continue to disburse funds for these purposes provided they have already been appropriated in the budget of a previous year.

(2) To the extent that revenue from taxes, duties and other sources based on specific legislation, or the working capital reserves, do not cover the expenditure referred to in paragraph (1) of this Article the Federal Government may borrow the funds needed to sustain budget management, up to a maximum of one quarter of the total amount of the preceding budget estimates.
 
Article 112 Extrabudgetary expenditure  
   
Extrabudgetary expenditure 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 provided by federal legislation.
 
Article 113 Expenditure increases, revenue cut  
     
(1) Bills which increase the budget expenditure proposed by the Federal Government or involve or will give rise to new expenditure shall require the consent of the Federal Government. This shall also apply to bills which involve or will give rise to cuts in revenue. The Federal Government may require the Bundestag to postpone the vote on such bills. In this case the Federal Government shall state its position within six weeks.

(2) Within four weeks after the Bundestag has adopted the bill the Federal Government may ask for another vote.

(3) Where the bill has become law pursuant to Article 78 the Federal Government may withhold its consent only within six weeks and only after having initiated the procedure provided for in the third and fourth sentences of paragraph (1) or in paragraph (2) of the present Article. Upon the expiry of this period such consent shall be deemed to have been given.
 
Article 114 Auditing  
    
(1) The Federal Minister of Finance shall, on behalf of the Federal Government, submit to the Bundestag and the Bundesrat annual accounts for the preceding financial year covering all revenue and expenditure as well as assets and debts.

(2) The Federal Court of Audit, whose members shall enjoy judicial independence, shall audit the account and determine whether public finances have been properly and efficiently administered by the Federation. For the purpose of the audit pursuant to the first sentence of this paragraph, the Federal Court of Audit may also conduct surveys of authorities outside the federal administration; this shall also apply in cases in which the Federation allocates to the Länder ring-fenced financing for the performance of tasks incumbent on the Länder. It shall submit an annual report directly to the Bundestag and the Bundesrat as well as to the Federal Government. In other respects the powers of the Federal Court of Audit shall be regulated by a federal law.
 
Article 115 Borrowing
  
(1) The borrowing of funds and the assumption of sureties, guarantees or other commitments which may lead to expenditure in future financial years shall require an empowerment by federal law specifying or providing for the specification of the amounts involved.
 
(2) Revenues and expenditures shall in principle be balanced without revenue from credits. This principle shall be satisfied when revenue obtained by the borrowing of funds does not exceed 0.35 percent in relation to the nominal gross domestic product. In addition, when economic developments deviate from normal conditions, effects on the budget in periods of upswing and downswing must be taken into account symmetrically.
 
Deviations of actual borrowing from the credit limits specified under the first to third sentences are to be recorded on a control account; debits exceeding the threshold of 1.5 percent in relation to the nominal gross domestic product are to be reduced in accordance with the economic cycle. The regulation of details, especially the adjustment of revenue and expenditures with regard to financial transactions and the procedure for the calculation of the yearly limit on net borrowing, taking into account the economic cycle on the basis of a procedure for adjusting the cycle together with the control and balancing of deviations of actual borrowing from the credit limit, requires a federal law. In cases of natural catastrophes or unusual emergency situations beyond governmental control and substantially harmful to the state's fi nancial capacity, these credit limits may be exceeded on the basis of a decision by a majority of the Bundestag's Members. The decision has to be combined with an amortisation plan. Repayment of the credits borrowed under the sixth sentence must be accomplished within an appropriate period of time.
 
Chapter Xa: STATE OF DEFENCE
 
Article 115a Definition and declaration of a state of defence  
      
(1) Should federal territory be under armed attack or should such an attack be imminent the Bundestag shall declare a state of defence with the consent of the Bundesrat. Such declaration shall be made at the request of the Federal Government and shall require a two-thirds majority of the votes cast and at least the majority of the Members of the Bundestag.

(2) Where the situation calls for immediate action and insurmountable obstacles make it impossible for the Bundestag to be convened in time or it is not quorate, the Joint Committee shall make the declaration with a two-thirds majority of the votes cast and at least the majority of its members.

(3) The declaration shall be promulgated by the Federal President in the Federal Law Gazette pursuant to Article 82. If this cannot be done in time the promulgation shall be effected in another manner; it shall be published in the Federal Law Gazette as soon as circumstances permit.

(4) Where federal territory is under armed attack and the appropriate federal bodies are not immediately in a position to make the declaration provided for in the first sentence of paragraph (1) of this Article such declaration shall be deemed to have been made and promulgated at the time the attack began. The Federal President shall announce that time as soon as circumstances permit.

(5) Where the declaration of a state of defence has been promulgated and federal territory is under armed attack the Federal President may with the consent of the Bundestag issue declarations under international law pertaining to the existence of a state of defence. Where the conditions mentioned in paragraph (2) of this Article apply the Joint Committee shall act in place of the Bundestag.
 
Article 115b Transfer of command to the Federal Chancellor  
  
Upon the promulgation of a state of defence command over the Armed Forces shall pass to the Federal Chancellor.
 
Article 115c Extension of the legislative powers of the Federation  
   
    
(1) The right of the Federation to legislate concurrently in respect of a state of defence shall also extend to matters within the legislative jurisdiction of the Länder. Such legislation shall require the consent of the Bundesrat.

(2) Where the conditions prevailing while the country is in a state of defence so require, federal legislation in respect of the state of defence may,

1. in derogation of the second sentence of paragraph (3) of Article 14, provide for provisional compensation in the event of expropriation,

2. with regard to detention, provide in cases where a judge has not been able to perform his functions within the time-limit applying in normal circumstances for a time-limit differing from that stipulated in the third sentence of paragraph (2) of Article 104 but not exceeding four days.

(3) Where necessary to repel an attack already in progress or imminent federal legislation for a state of defence may, subject to the consent of the Bundesrat, regulate the administration and finances of the Federation and the Länder in derogation of Chapters VIII, VIIIa and X, provided that the viability of the Länder, municipalities and associations of municipalities, especially in financial terms, is secured.

(4) Federal legislation pursuant to paragraph (1) or sub-paragraph 1 of paragraph (2) of this Article may for the purpose of preparing for its enforcement be applied even before a state of defence exists.
 
Article 115d Procedure in the case of urgent bills  
   
(1) While a state of defence 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 paragraphs (2) to (4) of Article 77, Article 78, and paragraph (1) of Article 82.

(2) Urgent bills submitted by the Federal Government shall be forwarded to the Bundesrat at the same time as they are presented in the Bundestag. The Bundestag and the Bundesrat shall debate the bill simultaneously without delay. In so far as the consent of the Bundesrat is necessary a majority shall be required for the bill to become law. Details shall be the subject of Rules of Procedure adopted by the Bundestag and requiring the consent of the Bundesrat.

(3) With regard to the promulgation of such legislation the second sentence of paragraph (3) of Article 115a shall apply mutatis mutandis.
 
Article 115e Powers of the Joint Committee  
 
(1) Where, while a state of defence exists, the Joint Committee determines with a two-thirds majority of the votes cast and at least the majority of its members that insurmountable obstacles make it impossible for the Bundestag to be convened in time or that it is not quorate, the Committee shall have the status of both the Bundestag and the Bundesrat and exercise their rights as one body.

(2) The Joint Committee may not enact any legislation amending this Basic Law or rendering it ineffective or inapplicable either in whole or in part. The Joint Committee shall not be empowered to enact legislation pursuant to paragraph (1), second sentence, of Article 23, paragraph 1 of Article 24 or Article 29.
 
Article 115f Powers of the Federal Government  
   
(1) While a state of defence exists the Federal Government may, to the extent necessitated by circumstances,

1. employ the Federal Border Guard throughout the federal territory;

2. issue directives 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 designated by it.

(2) The Bundestag, the Bundesrat and the Joint Committee shall be informed without delay of the measures taken in accordance with paragraph (1) of this Article.
 
Article 115g Status of the Federal Constitutional Court  
     
The status and constitutional functions of the Federal Constitutional Court and its judges may not be impaired. The Federal Constitutional Court Act may not be amended by legislation enacted by the Joint Committee except where such amendment is deemed necessary to ensure that the Court can continue to function and the Court shares this opinion. Pending the enactment of such legislation the Federal Constitutional Court may take any measures necessary to continue functioning. Any decisions by the Federal Constitutional Court in pursuance of the second and third sentences of this Article shall require a majority of the judges present.
 
Article 115h Continued functioning of constitutional bodies  
         
(1) Any legislative term of the Bundestag or of Land parliaments due to expire while a state of defence exists shall end six months after the termination of such state of defence. A term of office of the Federal President due to expire while a state of defence exists and the exercise of the powers of that office by the President of the Bundesrat should it prematurely become vacant shall end nine months after the termination of the state of defence. The term of office of a member of the Federal Constitutional Court due to expire while a state of defence exists shall end six months after the termination of the state of defence.

(2) Should it become necessary for the Joint Committee to elect a new Federal Chancellor it shall do so with the majority of its members; the Federal President shall propose a candidate to the Joint Committee. The Joint Committee may express its lack of confidence in the Federal Chancellor only by electing a successor with a two-thirds majority of its members.

(3) The Bundestag may not be dissolved while a state of defence exists.
 
Article 115i Powers of the Land governments  
 
(1) Where the appropriate federal bodies are incapable of taking the measures necessary to avert the danger and the situation calls for immediate independent action in different parts of the federal territory the Land governments or the authorities or representatives designated by them shall be empowered to take within their area of jurisdiction the measures provided for in paragraph (1) of Article 115f.

(2) Any measures taken in accordance with paragraph (1) of this Article may be revoked at any time by the Federal Government or, in relation to Land authorities and subordinate federal authorities, by the Ministers President of the Länder.
 
Article 115k Extraordinary legislation  
  
(1) Legislation in accordance with Articles 115c, 115e or 115g as well as statutory orders issued on the basis of that legislation shall, for the duration of their validity, suspend incompatible legislation. This shall not apply to earlier legislation enacted in accordance with Articles 115c, 115e or 115g.

(2) Legislation adopted by the Joint Committee as well as statutory orders issued on the basis of that legislation shall cease to have effect not later than six months after the termination of the state of defence.

(3) Legislation containing provisions that diverge from Articles 91a, 91b, 104a, 106 or 107 shall apply no longer than the end of the second financial year following the termination of the state of defence. After such termination they may with the consent of the Bundesrat be amended by federal legislation so as to revert to the provisions of Chapters VIIIa and X.
 
Article 115l Repeal of extraordinary legislation, termination of a state of defence, peace treaty  
   
(1) The Bundestag, with the consent of the Bundesrat, may at any time repeal legislation enacted by the Joint Committee. The Bundesrat may require the Bundestag to adopt a resolution to this effect. Any measures taken by the Joint Committee or the Federal Government to avert danger shall be revoked if the Bundestag and the Bundesrat so resolve.

(2) The Bundestag, with the consent of the Bundesrat, may at any time declare a state of defence terminated in the form of a resolution to be promulgated by the Federal President. The Bundesrat may require the Bundestag to adopt such resolution. A state of defence shall be declared terminated without delay if the conditions which led to its being declared no longer exist.

(3) The conclusion of a peace treaty shall be the subject of federal legislation.
 
 
Chapter XI: TRANSITIONAL AND CONCLUDING PROVISIONS
 
Article 116 Definition of "a German", restoration of citizenship 
 
(1) Unless otherwise provided by law a German within the meaning of this Basic Law is anybody who possesses German citizenship or who has been admitted to the territory of the German Reich within the frontiers of 31 December 1937 as a refugee or expellee of German ethnic origin or as their spouse or descendant.

(2) Former German citizens who between 30 January 1933 and 8 May 1945 were deprived of their citizenship on political, racial or religious grounds, and their descendants, shall have that citizenship restored on application. They shall be considered not to have been deprived of their citizenship if they have established their residence in Germany after 8 May 1945 and have not expressed a different intention.
 
Article 117 Temporary ruling for Article 3 (2) and Article 11  
  
(1) Legislation which is inconsistent with paragraph (2) of Article 3 shall remain in force until adapted to that provision of the Basic Law but not beyond 31 March 1953.

(2) Legislation which restricts freedom of movement in view of the present housing shortage shall remain in force until repealed by federal legislation.
 
Article 118 Modification of Land boundaries in the south-west  
 
 
Boundaries in the territory comprising the Länder Baden, Württemberg-Baden and Württemberg-Hohenzollern may in derogation of the provisions of Article 29 be modified by agreement between the Länder concerned. If no agreement is reached the modification shall be effected by federal legislation which shall provide for a referendum.
 
Article 118a Boundary modifications in Land Berlin and Land Brandenburg  
 
Any modification of boundaries in the territory comprising Land Berlin and Land Brandenburg may, in derogation of the provisions of Article 29, be effected by agreement between the two Länder and with the participation of their electorates.
 
Article 119 Statutory orders relating to refugees and expellees  
    
In matters relating to refugees and expellees, in particular as regards their distribution among the Länder, the Federal Government may, with the consent of the Bundesrat, issue statutory orders pending enactment of the appropriate federal legislation. The Federal Government may be empowered to issue directives for particular cases. Except where there is danger in delay, such directives shall be addressed to the supreme Land authorities.
 
Article 120 Occupation costs and war burdens  
    
(1) The Federation shall meet occupation costs and other internal and external burdens resulting from the war as provided for by federal legislation. To the extent that such burdens have been covered by federal legislation on or before 1 October 1969 the Federation and the Länder shall meet such expenditure between them in accordance with that legislation. In so far as expenditure on war burdens as neither have been nor will be covered by federal legislation has been incurred on or before 1 October 1965 by Länder, municipalities (associations of municipalities) or other institutions performing Land or municipal functions the Federation shall not be obliged to meet such expenditure either before or after that date. The Federation shall make grants towards the cost of social security including unemployment insurance and unemployment benefit. The distribution of war burdens between the Federation and the Länderouas provided for in this paragraph, shall not affect any statutory regulation of claims for compensation in respect of consequences of the war.

(2) Revenue shall pass to the Federation at the same time as it assumes the expenditure referred to in this Article.
 
Article 120a Implementation of the equalization of burdens regime  
  
(1) Legislation implementing the equalization of burdens regime may, with the consent of the Bundesrat, stipulate that with regard to equalization benefits it shall be implemented partly by the Federation and partly by the Länder on behalf of the Federation and that the powers vested in the Federal Government and the appropriate supreme federal authorities by virtue of Article 85 shall be wholly or partly delegated to the Federal Equalization of Burdens Office. In exercising these powers the Federal Equalization of Burdens Office shall not require the consent of the Bundesrat; except in urgent cases its directives shall be addressed to the supreme Land authorities (equalization of burdens offices).

(2) The provisions of the second sentence of paragraph (3) of Article 87 shall not be affected.
 
Article 121 Definition of "majority of the Members"  
 
Within the meaning of this Basic Law a majority of the Members of the Bundestag and a majority of the members of the Federal Convention shall be the majority of the statutory number of their members.
 
Article 122 Transference of legislative powers  
   
(1) From the date of the first meeting of the Bundestag laws shall be enacted exclusively by the legislative bodies specified in this Basic Law.

(2) Legislative bodies as well as those institutions participating in legislation in an advisory capacity whose jurisdiction ends by virtue of paragraph (1) of this Article shall be dissolved with effect from that date.
 
Article 123 Continued validity of old law and treaties  
  
(1) Law in force before the first meeting of the Bundestag shall remain in force in so far as it does not conflict with the Basic Law.

(2) Subject to all rights and objections of the interested parties the treaties concluded by the German Reich concerning matters which under this Basic Law fall within the legislative jurisdiction of the Länder shall remain in force, provided they are and continue to be valid in accordance with general principles of law, until new treaties are concluded by the authorities competent under this Basic Law or they are in any other way terminated pursuant to their provisions.
 
Article 124 Continued application of law as federal law within the sphere of exclusive legislation  
 
Law affecting matters within the exclusive legislative powers of the Federation shall become federal law in the area in which it applies.
 
Article 125 Continued application of law as federal law (concurrent legislation)  
 
Law affecting matters within the concurrent legislative power of the Federation shall become federal law in the area in which it applies:

1. in so far as it applies uniformly within one or more occupation zones;

2. in so far as it is legislation by which former Reich law has been amended since 8 May 1945.
 
Article 125a Continued applicability of federal law – Replacement by Land law 
 
(1) Law that was enacted as federal law but that by virtue of the amendment of paragraph (1) of Article 74, the insertion of the seventh sentence of paragraph (1) of Article 84, the second sentence of paragraph (1) of Article 85 or of the second sentence of paragraph (2a) of Article 105, or because of the repeal of Articles 74a, 75 or the second sentence of paragraph (3) of Article 98 could no longer be enacted as federal law, shall remain in force as federal law. It may be superseded by Land law.
(2) Law that was enacted pursuant to paragraph (2) of Article 72 as it stood up to 15 November 1994 but which, because of the amendment of paragraph (2) of Article 72, could no longer be enacted as federal law shall remain in force as federal law. A federal law may provide that it may be superseded by Land law.
(3) Law that has been enacted as Land law but which, because of the amendment of Article 73, could not be enacted any longer as Land law shall continue in force as Land law. It may be superseded by federal law.
 
Article 125b Continued applicability of framework laws – Deviation power of the Länder
(1) Law that was enacted pursuant to Article 75 as it stood up to 1 September 2006, and which could be enacted as federal law even after this date, shall remain in force as federal law. The powers and duties of the Länder to legislate shall in this regard remain unaffected. In the areas referred to in the first sentence of paragraph (3) of Article 72 the Länder may enact regulations that deviate from this law; however, in those areas covered by clauses 2, 5 and 6 of the first sentence of Article 72 the Länder may do so only if and insofar as the Federation has made use of its power to legislate after 1 September 2006, in those areas covered by clauses 2 and 5 beginning at the latest on 1 January 2010, in cases under clause 6 beginning at the latest on 1 August 2008.
(2) The Länder may enact regulations deviating from federal regulations enacted pursuant to paragraph (1) of Article 84 as it stood up to 1 September 2006; up to 31 December 2008, however, they may deviate from regulations on administrative procedure only if, after 1 September 2006, regulations on administrative procedure in the relevant federal law have been amended.
 
Article 125c Continued applicability of law within the scope of joint tasks
(1) Law that was enacted by virtue of paragraph (2) of Article 91a in conjunction with clause 1 of paragraph (1) as it stood up to 1 September 2006 shall continue in force until 31 December 2006.
(2) The regulations enacted in the areas of municipal traffic financing and promotion of social housing by virtue of paragraph (4) of Article 104a as it stood up to 1 September 2006 shall remain in force until 31 December 2006. The rules enacted on municipal transport financing for special programmes pursuant to paragraph (1) of section 6 of the Municipal Transport Infrastructure Financing Act, as well as the other rules enacted by the Act of 20 December 2001 governing the Federal Financing of Seaports in Bremen, Hamburg, Mecklenburg-Western Pomerania, Lower Saxony and Schleswig-Holstein under paragraph (4) of Article 104a of the Basic Law as it stood up to 1 September 2006 shall continue in force until their repeal. Amendment of the Municipal Transport Infrastructure Financing Act shall be permissible from 1 January 2025. The other rules enacted in accordance with paragraph (4) of Article 104a of the Basic Law as it stood up to 1 September 2006 shall continue in force until 31 December 2019, provided no earlier repeal has been or is determined.
 
Article 126 Disputes over the continued application of law as federal law  
  
Disputes over the continued application of law as federal law shall be settled by the Federal Constitutional Court.
 
Article 127 Law of the Combined Economic Area  
  
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 Baden, Greater Berlin, Rhineland-Palatinate and Württemberg-Hohenzollern law introduced by the Administration of the Combined Economic Area in so far as it remains in force as federal law pursuant to Article 124 or Article 125.
 
Article 128 Continued validity of powers to issue directives  
  
In so far as law continuing in force provides for powers to issue directives within the meaning of paragraph (5) of Article 84 those powers shall remain valid until otherwise provided by law.
 
Article 129 Continued validity of powers to issue statutory orders  
    
(1) In so far as legal provisions which continue in force as federal law contain powers to issue statutory orders or general administrative rules or to perform administrative acts such powers shall pass to the henceforth appropriate authorities. In cases of doubt the Federal Government shall decide in agreement with the Bundesrat; such decisions shall be published.

(2) In so far as legal provisions which continue in force as Land legislation contain such powers they shall be acted upon by the authorities with jurisdiction under Land law.

(3) In so far as legal provisions within the meaning of paragraphs (1) and (2) of this Article contain powers for their amendment or supplementation or the issue of legal provisions in lieu of statutory law such powers shall be deemed to have expired.

(4) The provisions of paragraphs (1) and (2) of this Article shall apply mutatis mutandis where legal provisions refer to regulations no longer valid or to institutions no longer in existence.
 
Article 130 Control over existing institutions  
     
(1) Administrative agencies and other institutions which serve the public administration or the administration of justice and are not governed by Land law or agreements between Länder, as well as the Administrative Union of South West German Railways and the Administrative Council for the Postal and Telecommunications Services of the French Occupation Zone, shall be placed under the control of the Federal Government. The latter shall provide, with the consent of the Bundesrat, for the transfer of control over or dissolution of such agencies.

(2) The supreme disciplinary authority for the staff of such agencies and institutions shall be the appropriate Federal Minister.

(3) Public corporations and institutions not directly subordinate to a Land and not governed by agreements between Länder shall be under the supervision of the appropriate supreme federal authority.
 
Article 131 Legal status of former public service staff  
   
The legal status of people, including refugees and expellees, who on 8 May 1945 were employed in the public service, have left the service for reasons not covered by civil service regulations or collective agreements and have not until now been reinstated or are employed in positions which do not correspond to the ones they held previously shall be regulated by federal legislation. The same shall apply mutatis mutandis to people, including refugees and expellees, who, on 8 May 1945, were entitled to but no longer receive a pension or commensurate pension for reasons not covered by civil service regulations or collective agreements. Until the legislation comes into force no legal claims shall be admissible unless Land legislation provides otherwise.
 
Article 132 Temporary revocation of rights of public service staff  
     
(1) Civil servants and judges who when this Basic Law comes into force are in permanent service may within six months after the first meeting of the Bundestag be permanently or temporarily retired or given other responsibilities in a lower salary group where they lack the personal or professional aptitude for their present office. This provision shall also apply mutatis mutandis to public employees other than civil servants or judges whose appointment has become permanent. In the case of public employees who do not hold a permanent appointment periods of notice in excess of those laid down in collective agreements may be revoked within the six months referred to above.

(2) The preceding provision shall not apply to members of the public service who are not affected by the legislation regarding "Liberation from National Socialism and Militarism" or are recognized victims of National Socialism, except on important grounds relating to them as individuals.

(3) Those affected may have recourse to the courts in accordance with paragraph (4) of Article 19.

(4) Details shall be the subject of a statutory order of the Federal Government requiring the consent of the Bundesrat.
 
Article 133 Administration of the Combined Economic Area  
 
The Federation shall succeed to the rights and obligations of the Administration of the Combined Economic Area.
 
Article 134 Property of the Reich  
    
(1) Reich property shall become federal property.

(2) In so far as such property was originally intended predominantly for administrative tasks which under this Basic Law do not come under the executive responsibility of the Federation, it shall be transferred without compensation to the authorities now responsible and to the Länder in so far as it is currently being used, not merely temporarily, for administrative tasks which under this Basic Law are now under the executive responsibility 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 Länder or municipalities (associations of municipalities) without compensation shall revert to those Länder or municipalities (associations of municipalities) in so far as it is not required by the Federation for its own administrative tasks.

(4) Details shall be the subject of a federal law requiring the consent of the Bundesrat.
 
Article 135 Property of former Länder and public corporations  
  
(1) Where after 8 May 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 shall be entitled to the property located there of the Land to which it belonged.

(2) Property of Länder, public corporations or institutions which no longer exist shall pass, in so far as it was originally intended predominantly for administrative tasks or is currently being used, not merely temporarily, primarily for administrative tasks, to the Land, public corporation or institution which now discharges these tasks.

(3) Real property of Länder which no longer exist, including appurtenances, shall pass to the Land within which it is located in so far as it does not belong to property within the meaning of paragraph (1) of this Article.

(4) Where an overriding interest of the Federation or the particular interest of an area so requires, a settlement other than that provided for in paragraphs (1) to (3) of this Article may be effected by federal legislation.

(5) In all other respects the succession in title and the settlement of the property, in so far as it has not been effected before 1 January 1952 by agreement between the Länder or public corporations or institutions concerned, shall be regulated by federal legislation requiring the consent of the Bundesrat.

(6) Holdings of the former Land of Prussia in private enterprises shall pass to the Federation. Details shall be the subject of a federal law, which may also diverge from this provision.

(7) In so far as property which on the coming into force of this Basic Law would devolve upon a Land, public corporation or institution pursuant to paragraphs (1) to (3) of this Article has been disposed of through or by virtue of a Land law or in any other manner by the party thus entitled, the transfer of the property shall be deemed to have taken place before such disposition.
 
Article 135a Old liabilities  
  
(1) The legislation reserved to the Federation by virtue of paragraph (4) of Article 134 and paragraph (5) of Article 135 may also stipulate that the following liabilities shall not be discharged, or not to their full extent:

1. liabilities of the Reich and liabilities of the former Land of Prussia or public corporations and institutions which no longer exist;

2. such liabilities of the Federation or public corporations and institutions as are connected with the transfer of property pursuant to Article 89, 90, 134 or 135, and any liabilities of these corporations and institutions arising from measures taken by the corporations and institutions mentioned in sub-paragraph 1;

3. liabilities of Länder or municipalities (associations of municipalities) that have arisen from measures taken by them before 1 August 1945 within the scope of administrative tasks incumbent upon or delegated by the Reich in compliance with orders of the occupying powers or to terminate a state of emergency resulting from the war.

(2) Paragraph (1) above shall apply mutatis mutandis to liabilities of the German Democratic Republic or its institutions as well as to liabilities of the Federation or other public corporations and institutions which are connected with the transfer of property of the German Democratic Republic to the Federation, Länder and municipalities, and to liabilities arising from measures taken by the German Democratic Republic or its institutions.
 
Article 136 First assembly of the Bundesrat  
   
(1) The Bundesrat shall convene for the first time on the day of the first assembly of the Bundestag.

(2) Until the election of the first Federal President the powers of that office shall be exercised by the President of the Bundesrat. The latter shall not have the right to dissolve the Bundestag.
 
Article 137 Eligibility of public servants for election  
     
(1) The eligibility of civil servants, other salaried public employees, regular servicemen, temporary volunteer servicemen or judges for election in the Federation, Länder or municipalities may be restricted by legislation.

(2) The electoral bill to be adopted by the Parliamentary Council shall apply to the election of the first Bundestag, the first Federal Convention and the first President of the Federal Republic.

(3) The function of the Federal Constitutional Court pursuant to paragraph (2) of Article 41 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.
 
Article 138 Notarial service in southern Germany  
 
Changes in the notarial service as presently existing in the Länder Baden, Bavaria, Württemberg-Baden and Württemberg-Hohenzollern shall require the consent of the governments of these Länder.
 
Article 139 Continued validity of legislation on denazification  
 
The legislation enacted for the "Liberation of the German People from National Socialism and Militarism" shall not be affected by the provisions of this Basic Law.
 
Article 140 Rights of religious communities  
 
The provisions of Articles 136, 137, 138, 139 and 141 of the German Constitution of 11 August 1919 shall be an integral part of this Basic Law.
 
Article 141 "Bremen Clause"  
The first sentence of paragraph (3) of Article 7 shall not apply in any Land in which different provisions of Land law were in force on 1 January 1949.
 
Article 142 Basic rights in Land constitutions  
 
Notwithstanding the provision of Article 31, provisions of Land constitutions shall also remain in force where they guarantee basic rights in conformity with Articles 1 to 18 of this Basic Law.
Article 142a Repealed
 
 
Article 143 Derogations from the Basic Law(1)  
  
(1) Law in the territory specified in Article 3 of the Unification Treaty may derogate from provisions of this Basic Law for a period not extending beyond 31 December 1992 in so far and as long as it is not possible for that territory to comply fully with the requirements of the Basic Law on account of the different conditions existing there. Derogations must not violate paragraph (2) of Article 19 and must be compatible with the principles set out in paragraph (3) of Article 79.

(2) Derogations from Chapters 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 implementing provisions shall remain valid in so far as they provide for the irreversibility of encroachments upon property in the territory specified in Article 3 of the said Treaty.
 
Article 143a Transformation of federal railways into business enterprises(1)  
(1) The Federation has the exclusive right to legislate on all matters resulting from the transformation of the railways under its responsibility into business enterprises. Paragraph 5 of Article 87e shall apply mutatis mutandis. Officials of the Federal Railways may be assigned to a private federal railway whilst maintaining their legal status and continuing to be under the responsibility of their public employer.

(2) Legislation pursuant to paragraph 1 shall be executed by the Federation.

(3) Responsibility for local passenger rail services of the hitherto Federal Railways shall remain with the Federation until 31 December 1995. The same shall apply to corresponding rail transport administration responsibilities.

Details shall be the subject of federal legislation requiring the consent of the Bundesrat.
 
Article 143b Transformation of the Deutsche Bundespost(1)  
 
The Deutsche Bundespost Special Fund shall be transformed into private companies in accordance with the provisions of a federal law. The Federation shall have exclusive legislative jurisdiction in respect of all matters ensuing from this transformation.

(2) The exclusive rights of the Federation existing before the transformation may be granted by federal law to the companies ensuing from the Deutsche Bundespost POSTDIENST (postal services) and the Deutsche BundespostTELEKOM (telecommunications) for a transitional period. The Federation shall retain the majority holding in the successor company to the Deutsche Bundespost POSTDIENST for at least five years after the law comes into force. A federal law with the consent of the Bundesrat shall be required.

(3) Federal civil servants of the Deutsche Bundespost shall be employed by the private companies; their legal status and the responsibilities of the employer shall not be affected. The companies shall exercise the powers of a public employer. Details shall be the subject of a federal law."
 
Article 143c Compensation for the cessation of joint tasks

(1) From 1 January 2007 until 31 December 2019, the Länder shall be entitled to receive annual payments from the federal budget as compensation for losing the Federation’s financial contributions resulting from the abolition of the joint tasks of extension and construction of institutions of higher education, including university hospitals and educational planning, as well as for losing financial assistance for the improvement of municipal traffic infrastructure and for the promotion of social housing. Until 31 December 2013, these amounts are to be determined by averaging the financial share of the Federation for the years 2000 to 2008.

(2) Until 31 December 2013, the payments pursuant to paragraph (1) shall be distributed among the Länder in the form of:
1. fixed annual payments the amounts of which shall be determined according to the average share of each Land during the period 2000 to 2003;
2. payments earmarked for the functional area of the former joint financing.

(3) Until the end of 2013, the Federation and the Länder shall review the extent to which the fi nancing allotted to individual Länder pursuant to paragraph (1) is still appropriate and necessary for the discharge of their tasks. Beginning with 1 January 2014, the earmarking pursuant to clause 2 of paragraph (2) of the fi nancial means allotted under paragraph (1) shall cease; the earmarking for the volume of the means for investment purposes shall remain unchanged. Agreements resulting from Solidarity Pact II shall remain unaffected.

(4) Details shall be regulated by a federal law which shall require the consent of the Bundesrat.
 
Article 143d Transitional provisions relating to consolidation assistance
 
(1) Articles 109 and 115 in the version in force until 31 July 2009 shall apply for the last time to the 2010 budget. Articles 109 and 115 in the version in force as from 1 August 2009 shall apply for the fi rst time to the 2011 budget; debit authorisations existing on 31 December 2010 for special trusts already established shall remain untouched. In the period from 1 January 2011 to 31 December 2019, the Länder may, in accordance with their applicable legal regulations, deviate from the provisions of paragraph (3) of Article 109. The budgets of the Länder are to be planned in such a way that the 2020 budget fulfi ls the requirements of the fifth sentence of paragraph (3) of Article 109. In the period from 1 January 2011 to 31 December 2015, the Federation may deviate from the provisions of the second sentence of paragraph (2) of Article 115. The reduction of the existing defi cits should begin with the 2011 budget. The annual budgets are to be planned in such a way that the 2016 budget satisfies the requirement of the second sentence of paragraph (2) of Article 115; details shall be regulated by federal law.
(2) As assistance for compliance with the provisions of paragraph (3) of Article 109 after 1 January 2020, the Länder of Berlin, Bremen, Saarland, Saxony-Anhalt, and Schleswig-Holstein may receive, for the period 2011 to 2019 consolidation assistance from the federal budget in the global amount of 800 million euros annually. The respective amounts are 300 million euros for Bremen, 260 million euros for Saarland, and 80 million euros each for Berlin, Saxony- Anhalt, and Schleswig-Holstein. The assistance payments shall be allocated on the basis of an administrative agreement under the terms of a federal law requiring the consent of the Bundesrat. These grants require a complete reduction of financial deficits by the end of 2020. The details, especially the annual steps to be taken to reduce fi nancial defi cits, the supervision of the reduction of financial deficits by the Stability Council, along with the consequences entailed in case of failure to carry out the step-by-step reduction, shall be regulated by a federal law requiring the consent of the Bundesrat and by an administrative agreement. There shall be no simultaneous granting of consolidation assistance and redevelopment assistance on the grounds of an extreme budgetary emergency.
(3) The financial burden resulting from the granting of the consolidation assistance shall be borne equally by the Federation and the Länder, to be fi nanced from their share of the value-added tax. Details shall be regulated by a federal law requiring the consent of the Bundesrat.
 
(4) As assistance for future autonomous compliance with the provisions of paragraph (3) of Article 109, the Länder of Bremen and Saarland may receive redevelopment assistance from the federal budget in the global amount of 800 million euros annually from 1 January 2020. To this end, the Länder shall adopt measures to reduce excessive debts and to strengthen their economic and financial capacity. Details shall be regulated by a federal law requiring the consent of the Bundesrat. This redevelopment assistance shall not be granted concurrently with redevelopment assistance awarded on the grounds of an extreme budgetary emergency.
 
Article 143e Federal motorways, transformation of commissioned administration
(1) Notwithstanding the provisions of paragraph (2) of Article 90, the federal motorways shall be administered on federal commission by the Länder or such self-governing bodies as are competent under Land law until no later than 31 December 2020. The Federation shall regulate the transformation from commissioned administration to federal administration under paragraphs (2) and (4) of Article 90 by means of a federal law requiring the consent of the Bundesrat.

(2) At the request of a Land, to be made by 31 December 2018, the Federation, notwithstanding the provisions of paragraph (2) of Article 90, shall assume administrative responsibility for the other federal trunk roads, insofar as they lie within the territory of that Land, with effect from 1 January 2021.


 
Article 143f Financial relations within the federal system of government
Article 143d, the Act regulating Revenue Sharing between the Federation and the Länder (Financial Equalisation Act) and other laws enacted on the basis of paragraph (2) of Article 107 as it stands from 1 January 2020 shall expire if, after 31 December 2030, the Federal Government, the Bundestag or at least three Länder acting jointly have requested negotiations on a restructuring of financial relations within the federal system of government and, when five years have elapsed since the Federal President was notified of the negotiation request made by the Federal Government, the Bundestag or the Länder, no statutory
restructuring of financial relations within the federal system of government has entered into force. The expiry date shall be published in the Federal Law Gazette.

 
 
Article 143g Continued applicability of Article 107 
 
For the regulation of the distribution of tax revenue, of financial equalisation between Länder and of federal supplementary grants, Article 107 as it stood until the entry into force of the Basic Law Amendment Act of 13 July 2017 shall continue to be applied until 31 December 2019.
 
Article 144 Ratification of the Basic Law  
 
(1) This Basic Law shall be subject to ratification by the parliaments of two thirds of the German Länder in which it is temporarily to apply.

(2) In so far as the application of this Basic Law is subject to restrictions in any Land listed in Article 23 or in any part thereof, such Land or part thereof shall have the right to be represented in the Bundestag in accordance with Article 38 and in the Bundesrat in accordance with Article 50.
 
Article 145 Promulgation of the Basic Law  
 
(1)The Parliamentary Council shall confirm in public session, with the participation of the members for Greater Berlin, the ratification of this Basic Law and shall sign and promulgate it.

(2) This Basic Law shall enter into force on the day after its promulgation.

(3) It shall be published in the Federal Law Gazette.
 
Article 146 Validity of the Basic Law 
 
This Basic Law, which is valid for the entire German nation following the achievement of the unity and freedom of Germany, shall cease to have effect on the day on which a constitution adopted by a free decision of the German people enters into force.
 
 
Bonn on the Rhine, 23 May 1949
 
 
Dr Adenauer

President of the Parliamentary Council

Schönfelder Dr Schäfer
First Vice-President Second Vice-President


 
Extract from the German Constitution of 11 August 1919 (Weimar Constitution)
 
Religion and religious communities


Article 136  
  
(1) Civil and political rights and duties shall be neither dependent on nor restricted by the exercise of religious freedom.

(2) Enjoyment of civil and political rights and eligibility for public office shall be independent of religious denomination.

(3) Nobody shall be obliged to disclose their religious convictions. The authorities may not enquire about their membership of a religious community except where rights or duties depend on such information or a statutory statistical survey makes such enquiry necessary.

(4) Nobody may be compelled to perform any religious act or ceremony or to participate in religious practices or to use a religious form of oath.
 
Article 137  
   
(1) There shall be no state church.

(2) Freedom to form religious communities shall be guaranteed. The uniting of religious communities within the territory of the Reich shall not be subject to any restrictions.

(3) Every religious community shall regulate and administer its affairs independently within the limits of the law valid for all. It shall confer its offices without the participation of the state or the civil community.

(4) Religious communities shall acquire legal capacity according to the general provisions of civil law.

(5) Religious communities shall remain public corporations if they have enjoyed that status hitherto. Other religious communities shall be granted like rights upon application where their constitution and the number of their members offer an assurance of their permanency. Where several such public religious communities form one organization it too shall be a public corporation.

(6) Religious communities that are public corporations shall be entitled to levy taxes in accordance with Land law on the basis of the civil taxation lists.

(7) Associations which foster non-religious beliefs shall have the same status as religious communities.

(8) Any further legislation as may be required for the implementation of these provisions shall lie within the jurisdiction of the Länder.
Article 138  
 

(1) State contributions to religious communities based on law or contract or special legal titles shall be redeemed by means of Land legislation. The principles for such redemption shall be established by the Reich.

(2)The right to own property and other rights of religious communities or associations in respect of their institutions, foundations and other assets intended for purposes of worship, education or charity shall be guaranteed.
Article 139

Sundays and feast-days recognized by the state shall remain legally protected as days of rest from work and of spiritual edification.
 
Article 141  
  
To the extent that there exists a need for religious services and pastoral work in the army, hospitals, prisons or other public institutions, the religious communities shall be permitted but in no way compelled to perform religious acts.