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German Constitution |
Herausgeber: Rechtsanwalt Möbius |
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German attorney at law |
Conscious of their responsibility before
God and men, animated by the purpose to serve world
peace as an equal part in a unified Europe, the German People have
adopted, by virtue of their constituent power, this Constitution. The
Germans in the States of Baden-Wurttemberg, Bavaria, Berlin, Brandenburg,
Bremen, Hamburg, Hessen, Lower Saxony, Mecklenburg-Western Pomerania, North
Rhine-Westphalia, Rhineland-Palatinate, Saarland, Saxony, Saxony-Anhalt,
Schleswig-Holstein and Thuringia have achieved the unity and freedom of
Germany in free self-determination. This Constitution is thus valid for
the entire German People.
(1) Human dignity
is inviolable.
(2) The German People therefore
acknowledge inviolable and inalienable human rights as the basis of every
human community, of peace, and of justice in the world.
(3) The
following basic rights are binding on legislature, executive, and
judiciary as directly enforceable law.
(1) Everyone has the
right to free development of his personality insofar as he does not
violate the rights of others or offend against the constitutional order or
against morality.
(2) Everyone has the right to life and to physical
integrity. The freedom of the person is inviolable. Intrusion on these
rights may only be made pursuant to a statute.
(1) All humans are
equal before the law.
(2) Men and women are equal. The state supports the
effective realization of equality of women and men and works towards
abolishing present disadvantages.
(3) No one may be disadvantaged or
favored because of his sex, his parentage, his race, his language, his
homeland and origin, his faith, or his religious or political opinions. No
one may be disadvantaged because of his handicap.
(1) Freedom of creed, of conscience, and freedom to
profess a religious or non-religious faith are inviolable.
(2) The undisturbed practice of religion is
guaranteed.
(3) No one may be compelled against his conscience to
render war service involving the use of arms. Details are regulated by a
federal statute.
(1)
Everyone has the right to freely express and disseminate his opinion in
speech, writing, and pictures and to freely inform himself from generally
accessible sources.
(2) These rights are subject to
limitations in the provisions of general statutes, in statutory provisions
for the protection of the youth, and in the right to personal
honor.
(3) Art and science, research and teaching are free. The freedom
of teaching does not release from allegiance to the constitution.
(1) Marriage and family are under the special
protection of the state.
(2) Care and upbringing of children are the
natural right of the parents and primarily their duty. The state
supervises the exercise of the same.
(3) Against the will of the
persons entitled to their upbringing, children may only be separated from
the family, pursuant to a statute, where those so entitled failed or
where, for other reasons, the children are endangered to become seriously
neglected.
(4) Every mother is entitled to protection by and care of
the community.
(5) Illegitimate children, by legislation, have to be
provided with the same conditions for their physical and mental
development and for their place in society as are legitimate children.
(1) The entire
schooling system stands under the supervision of the state.
(2) The
persons entitled to the upbringing of a child have the right to decide
whether the child shall attend religion classes.
(3) Religion classes
form part of the ordinary curriculum in state schools, except for secular
schools. Without prejudice to the state's right of supervision, religious
instruction is given in accordance with the tenets of the religious
communities. No teacher may be obliged against his will to give religious
instruction
(4) The right to establish private schools is guaranteed.
Private schools, as a substitute for state schools, require the approval
of the state and are subject to the statutes of the States. Such approval
has to be given where private schools are not inferior to the state
schools in their educational aims, their facilities, and the professional
training of their teaching staff, and where segregation of pupils
according to the means of their parents is not encouraged. Approval has to
be withheld where the economic and legal position of the teaching staff is
not sufficiently assured.
(5) A private elementary school has to be
permitted only where the education authority finds that it serves a
special pedagogic interest, or where, on the application of persons
entitled to upbringing of children, it is to be established as an
interdenominational school or as a school based on a particular religious
or non-religious faith and only if a state elementary school of this type
does not exist in the commune.
(6) Preliminary schools remain abolished.
(1) All
Germans have the right, without prior notification or permission, to
assemble peaceably and unarmed.
(2) With regard to open-air assemblies,
this right may be restricted by or pursuant to a statute.
(1) All
Germans have the right to form clubs and societies.
(2) Associations,
the purposes or activities of which conflict with criminal statutes or
which are directed against the constitutional order or the concept of
international understanding, are prohibited.
(3) The right to form
associations to safeguard and improve working and economic conditions is
guaranteed to everyone and for all professions. Agreements which restrict
or seek to impair this right are null and void, measures directed to this
end are illegal. Measures taken pursuant to Articles
(1) The privacy of letters as well as the
secrecy of post and telecommunication is inviolable.
(2) Restrictions
may only be ordered pursuant to a statute. Where a restriction serves the
protection of the free democratic basic order or the existence or security
of the Federation or a State, the statute may stipulate that the person
affected shall not be informed and that recourse to the courts shall be
replaced by a review of the case by bodies and auxiliary bodies appointed
by Parliament.
(1) All
Germans enjoy freedom of movement throughout the federal territory.
(2)
This right may be restricted only by or pursuant to a statute and only in
cases in which an adequate basis for personal existence is lacking and
special burdens would result therefrom for the community, or in which such
restriction is necessary to avert an imminent danger to the existence or
the free democratic basic order of the Federation or a State, to combat
the danger of epidemics, to deal with natural disasters or particularly
grave accidents, to protect young people from neglect, or to prevent crime.
forced labor]
(1) All Germans have the right to freely
choose their occupation, their place of work, and their place of study or
training. The practice of an occupation can be regulated by or pursuant to
a statute.
(2) No person may be forced to perform work of a particular
kind except within the framework of a traditional compulsory community
service that applies generally and equally to all.
(3) Forced labor may
he imposed only on persons deprived of their liberty by court sentence.
(1) Men who have attained the age of eighteen years
can be required to serve in the Armed Forces, in the Federal Border Guard,
or in a civil defence organization.
(2) A person who refuses, on
grounds of conscience, to render war service involving the use of arms can
be required to render a substitute service. The duration of such
substitute service may not exceed the duration of military service.
Details are regulated by a statute which may not interfere with freedom to
take a decision based on conscience and which must also provide for the
possibility of a substitute service not connected with units of the Armed
Forces or of the Federal Border Guard.
(3) Persons liable to military
service who are not required to render service pursuant to Paragraph (1)
or (2) can, during a state of defence, be assigned by or pursuant to a
statute to an employment involving civilian services for defence purposes,
including the protection of the civilian population; assignments to
employments subject to public law are only admissible for the purpose of
discharging police functions or such other functions of public
administration as can only be discharged by persons employed under public
law. Employments according to the first sentence of this paragraph can
also be established with the Armed Forces, in the area of their supply
services, or with public administrative authorities; assignments to
employment connected with supply services for the civilian population are
only admissible to provide for their vital provisions or to guarantee
their safety.
(4) Where, during a state of defence, civilian service
requirements in the civilian health system or in the stationary military
hospital organization cannot be met on a voluntary basis, women between
eighteen and fifty-five years of age can be assigned to such services by
or pursuant to a statute. They may in no case render service involving the
use of arms.
(5) Prior to the existence of a state of defence,
assignments under Paragraph (3) may only be made where the requirements of
Article
(6) Where, during a state of
defence, staffing requirements for the purposes referred to in Paragraph
(3) 1 cannot be met on a voluntary basis, the freedom of Germans to quit
the pursuit of his occupation or quit his place of work may be restricted
by or pursuant to a statute in order to meet these requirements. Paragraph
(5) 1 applies mutatis mutandis prior to the existence of a state of
defence.
(1)
The home is inviolable.
(2) Searches may be ordered only by a judge or,
in the event of danger resulting from any delay, by other organs legally
specified, and they may be carried out only in the form prescribed by
law.
(3) If specific facts lead to the assumption that someone has
committed a very grave crime, technical means of eavesdropping in homes
where that person probably stays may be ordered by court if the
investigation by other means would be unproportionally obstructed or
without chance of success. The measure has to be limited. The order is
issued by a court of three justices. In the event of danger resulting from
any delay, the order can be issued by a single judge.
(4) To avoid
urgent danger to public safety, particularly general or mortal danger,
technical means of eavesdropping in homes may only be used on the order of
a judge. In the event of danger resulting form any delay, those actions
may be ordered by other authorities empowered by law; the subsequent
decision of a judge has to be arranged for without delay.
(5) In the
case of technical means being exclusively ordered for the protection of
investigators during their activity in homes, the measure can be ordered
by those authorities empowered by law. Evidence from such investigation
may be used for other purposes only to conduct criminal prosecution or
avoid danger and only if the legality of the measure has been stated by
court order; in the event of danger resulting form any delay, a subsequent
court order has to be arranged for without delay.
(6) The Government
provides yearly reports to the House of Representatives about those
measures conducted according to Paragraph (3) as well as according to
Paragraph (4) and, as far as court orders are necessary, Paragraph (5) in
the domain of federal authority. A committee elected by the House of
Representatives conducts parliamentary control on the basis of this
report. The states provide for equivalent control.
(7) Intrusions and
restrictions may otherwise only be made to avert a general danger or a
mortal danger to individuals, or, pursuant to a statute, to prevent
present danger to public safety and order, particularly to relieve a
housing shortage, to combat the danger of epidemics, or to protect
endangered juveniles.
(1) Property and the right of inheritance are
guaranteed. Their content and limits are determined by statute.
(2) Property
imposes duties. Its use should also serve the public weal.
(3) The
taking of property is only permissible in the public weal. It may be
imposed only by or pursuant to a statute regulating the nature and extent
of compensation. Such compensation has to be determined by establishing an
equitable balance between the public interest and the interests of those
affected. Regarding disputes about the amount of compensation, recourse to
the courts of ordinary jurisdiction is available.
State, natural
resources, and means of production can, for the purpose of socialization,
be transferred to public ownership or other forms of collective enterprise
by a statute regulating the nature and extent of compensation. Regarding
such compensation, Article
asylum]
(1) German citizenship may not be taken
away. The loss of citizenship may may only be imposed pursuant to a
statute and against the will of the person affected only where such person
does not become stateless as a result thereof.
(2) No German may be
extradited to a foreign country.
(1) Persons persecuted on
political grounds enjoy the right of asylum.
(2) The right of Paragraph
(1) cannot claim who enters from a European Communities country or from
another country where the application of the Convention on the Legal
Status of Refugees and the Convention to Protect Human Rights and Civil
Liberties is ensured. States outside of the European Communities for which
the prerequisites of the first sentence hold true are determined by a
statute requiring the consent of the Senate. In the cases of the first
sentence, measures to end a stay can be effectuated independent of
recourse to the course sought against these measures.
(3) By statute
requiring the consent of the Senate, states can be determined in which on
the basis of law, law application, or general political conditions it
seems to be guaranteed that neither persecution on political grounds nor
inhuman or derogatory punishment and treatment takes place. A foreigner
from such a state is presumed to not being persecuted unless he asserts
facts supporting that, contrary to this presumption, he is politically
persecuted.
(4) The effectuation of measures to end a stay will, in the
cases of Paragraph (3) and in other cases where the claim to stay is
obviously unfounded or is regarded as obviously unfounded, only be
suspended by court order if serious doubts arise concerning the legality
of the measure; the scope of scrutiny can be limited and delayed
assertions ignored. Details are regulated by a statute.
(5) Paragraphs
(1) to (4) are not contrary to public law contracts of European
Communities member states among each other and with other states which,
honoring the obligations arising from the Convention on the Legal Status
of Refugees and the Convention to Protect Human Rights and Civil Liberties
the application of which has to be ensured in the contracting states,
regulate responsibilities to examine claims of asylum including mutual
acknowledgement of asylum decisions.
Everyone has
the right, individually or jointly with others, to address written
requests or complaints to the competent agencies and to parliaments.
(1) Statutes concerning military service and
substitute service can, by provisions applying to members of the Armed
Forces and of the substitute services during their period of military or
substitute service, restrict the basic right to freely express and
disseminate opinions in speech, writing, and pictures (first half-sentence
of Article
(2) Statutes serving defence purposes including the
protection of the civilian population can provide for the restriction of
the basic rights of freedom of movement (Article
Whoever abuses freedom of expression of opinion, in
particular freedom of the press (Article
(1) Insofar as a basic right may, under this
Constitution, be restricted by or pursuant to a statute, such statute must
apply generally and not solely to an individual case. Furthermore, such
statute must name the basic right, indicating the relevant Article.
(2)
In no case may the essence of a basic right be infringed.
(3) Basic
rights also apply to domestic legal persons to the extent that the nature
of such rights permits.
(4) Should any person's rights be violated by
public authority, recourse to the court is open to him. Insofar as no
other jurisdiction has been established, recourse is available to the
courts of ordinary jurisdiction. Article
(1) The Federal Republic of Germany is a democratic and
social federal state.
(2) All state authority emanates from the people.
It is being exercised by the people through elections and voting and by
specific organs of the legislature, the executive power, and the
judiciary.
(3) Legislation is subject to the constitutional order; the
executive and the judiciary are bound by law and justice.
(4) All
Germans have the right to resist any person seeking to abolish this
constitutional order, should no other remedy be possible.
The state, also in its responsibility for future
generations, protects the natural foundations of life in the framework of
the constitutional order, by legislation and, according to law and
justice, by executive and judiciary.
(1) The
political parties participate in the forming of the political will of the
people. They may be freely established. Their internal organization must
conform to democratic principles. They have to publicly account for the
sources and use of their funds and for their assets.
(2) Parties which,
by reason of their aims or the behavior of their adherents, seek to impair
or abolish the free democratic basic order or to endanger the existence of
the Federal Republic of Germany are unconstitutional. The Federal
Constitutional Court decides on the question of
unconstitutionality.
(3) Details are regulated by federal statutes.
The federal flag
is black, red, and gold.
(1) To realize
a unified Europe, Germany participates in the development of the European
Union which is bound to democratic, rule of law, social, and federal
principles as well as the principle of subsidiarity and provides a
protection of fundamental rights essentially equivalent to that of this
Constitution. The federation can, for this purpose and with the consent of
the Senate, delegate sovereign powers. Article
(2) The House of Representatives
and the States, by their representation in the Senate, participate in
matters of the European Union. The Government has to thoroughly inform
House of Representatives and Senate at the earliest possible time.
(3)
The Government allows for statements of the House of Representatives
before it takes part in drafting European Union laws. The Government
considers statements of the House of Representatives during deliberations.
Detail are regulated by federal statute.
(4) The Senate has to be
included in the deliberations of the House of Representatives insofar as
it would have to participate in a domestic measure or insofar as the
States would be accountable domestically.
(5) Insofar as, in the area
of exclusive legislative competence of the Federation, the interests of
the States are affected or insofar as, in all other cases, the Federation
has legislative competence, the Government considers the statement of the
Senate. If legislative competencies of the States, the installation of
their agencies, or their procedures are centrally affected, the opinion of
the Senate has to be considered as decisive for the Federation's
deliberation; the responsibility of the Federation for the whole state has
to be maintained in the process. The consent of the Government is
necessary in matters possibly resulting in higher expenses or lower
revenues for the Federation.
(6) The Federation shall delegate the
exercise of rights of the Federal Republic of Germany as a member of the
European Union to a representative of the States nominated by the Senate
if exclusive legislative competencies of the States are centrally
affected. These rights are exercised with participation of and in
coordination with the Government; the responsibility of the Federation for
the whole state has to be maintained in the process.
(7) Details of
Paragraphs (4) to (6) are regulated by a statute requiring the consent of
the Senate.
(1) The Federation may by legislation transfer
sovereign powers to intergovernmental institutions.
(1a) Insofar as the
States are responsible for the exercise of state rights and the discharge
of state duties, they can, with consent of the Government, delegate
sovereign powers to institutions for neighborhood at state borders.
(2)
For the maintenance of peace, the Federation may join a system of mutual
collective security; in doing so it will consent to such limitations upon
its rights of sovereignty as will bring about and secure a peaceful and
lasting order in Europe and among the nations of the world.
(3) For the
settlement of disputes between states, the Federation will accede to
agreements concerning international arbitration of a general,
comprehensive, and obligatory nature.
The general rules of public international law constitute
an integral part of federal law. They take precedence over statutes and
directly create rights and duties for the inhabitants of the federal
territory.
(1) Acts tending to and undertaken with intent to
disturb the peaceful relations between nations, especially to prepare war
or aggression, are unconstitutional. They have to be made a criminal
offence.
(2) Weapons designed for warfare may not be manufactured,
transported, or marketed except with the permission of the Government.
Details are regulated by a federal statute.
All German
merchant vessels form one merchant fleet.
(1) The constitutional order in the States
must conform to the principles of the republican, democratic, and social
state under the rule of law, within the meaning of this Constitution. In
each of the States, counties, and communes, the people has to be
represented by a body chosen in general, direct, free, equal, and secret
elections. During elections in counties and communes, persons who possess
the citizenship of a European Community country are eligible to vote and
being elected according to the laws of the European Community. In
communes, the communal assembly can take the place of an elected
body.
(2) The communes must be guaranteed the right to regulate, on
their own responsibility, all the affairs of the local community within
the limits set by statute. Within the framework of their statutory
functions, the associations of communes have such right to
self-government
(3)
The Federation ensures that the constitutional order of the States
conforms to the basic rights and to the provisions of Paragraphs (1) &
(2).
(1) A new delimitation of federal territory may be
made to ensure that the States by their size and capacity are able
effectively to fulfill their functions. Due regard has to be given to
regional, historical, and cultural ties, economic expediency, and the
requirements of regional policy and planning.
(2) Measures for a new
delimitation of federal territory are effected by federal statutes
requiring confirmation by referendum. The States thus affected have to be
consulted.
(3) A referendum is held in the States from whose
territories or partial territories a new State or a State with redefined
boundaries is to be formed (affected States). The referendum is held on
the question whether the affected States are to remain within their
existing boundaries or whether the new State or State with redefined
boundaries should be formed. The referendum is deemed to be in favor of
the formation of a new State or of a State with redefined boundaries where
approval is given to the change by a majority in the future territory of
such State and by a majority in all the territories or partial territories
of an affected State whose assignment to a State is to be changed in the
same sense. The referendum is deemed not to be in favor where in the
territory of one of the affected States a majority reject the change; such
rejection is, however, of no consequence where in one part of the
territory whose assignment to the affected State is to be changed a
majority of two-thirds approve of the change, unless in the entire
territory of the affected State a majority of two-thirds reject the
change.
(4) Where in a clearly definable area of interconnected
population and economic settlement, the parts of which lie in several
States and which has a population of at least one million, one tenth of
those of its population entitled to vote in House of Representatives
elections petition by popular initiative for the assignment of that area
to one State, provision is made within two years in a federal statute
determining whether the delimitation of the affected States is changed
pursuant to Paragraph (2) or determining that a plebiscite is held in the
affected States.
(5) The plebiscite establishes whether approval is
given to a change of States delimitation to be proposed in the statute.
The statute may put forward different proposals, not exceeding two in
number, for the plebiscite. Where approval is given by a majority to a
proposed change of States delimitation, provision is made within two years
in a federal statute determining whether the delimitation of the States
concerned is changed pursuant to Paragraph (2). Where approval is given,
in accordance with Paragraph (3) 3 & 4, to a proposal put forward for
the plebiscite, a federal statute providing for the formation of the
proposed State is enacted within two years of the plebiscite and no longer
requires confirmation by referendum.
(6) A majority in a referendum or
in a plebiscite consists of a majority of the votes cast, provided that
they amount to at least one quarter of the population entitled to vote in
House of Representatives elections. Other detailed provisions concerning
referendums, popular petitions, and plebiscites is made in a federal
statute; such statute may also provide that popular petitions may not be
repeated within a period of five years.
(7) Other changes concerning
the territory of the States may be effected by state agreements between
the States concerned or by a federal statute with the approval of the
Senate where the territory which is to be the subject of a new
delimitation does not have more than 50,%0 inhabitants. Detailed
provision are made in a federal statute requiring the approval of the
Senate and the majority of the members of the House of Representatives. It
shall make provision for the affected communes and districts to be
consulted.
(8) The States can change the delimitation of their
territory or parts thereof deviating from the provisions in Paragraphs (2)
to (7) by state contract. Affected communes and counties have to be
consulted. The state contract needs to be confirmed by public referendum
in each participating State. If a state contract affects only parts of the
territory of a State, the public referendum can be limited to these parts;
Sentence 5 Half-
Sentence 2 is not applicable. The public referendum
requires a majority of votes cast if such majority contains at least one
fourth of the votes of all persons eligible for elections of the House of
Representatives; details are regulated by a federal statute. The state
contract requires the consent of the House of Representatives.
Except as otherwise provided or permitted by this
Constitution, the exercise of governmental powers and the discharge of
governmental functions is incumbent on the States.
Federal law takes precedence over State law.
(1)
Relations with foreign states are a responsibility of the
Federation.
(2) Before the conclusion of a treaty affecting the special
circumstances of a State, that State has to be consulted in time.
(3)
Insofar as the States have power to legislate, they may, with the consent
of the Government conclude treaties with foreign states.
(1) Every German has in every State the same political
rights and duties.
(2) Every German is equally eligible for any public
office according to his aptitude, qualifications, and professional
achievements.
(3) Enjoyment of civil and political rights, eligibility
for public office, and rights acquired in the public service are
independent of religious denomination. No one may suffer any disadvantage
by reason of his adherence or non-adherence to a denomination or to a
philosophical persuasion.
(4) The exercise of state authority as a
permanent function is, as a rule, entrusted to members of the public
service whose status, service and loyalty are governed by public
law.
(5) The law of the public service is regulated with due regard to
the traditional principles of the professional civil service.
Where any person, in the exercise of a public
office entrusted to him, violates his official obligations to a third
party, liability rests in principle on the state or the public body which
employs him. In the event of wilful intent or gross negligence, the right
of recourse against the holder of a public office is reserved. In respect
of the claim for compensation or the right of recourse, the jurisdiction
of the ordinary courts may not be excluded.
(1) All federal and State authorities render each
other legal and administrative assistance.
(2) In order to maintain or
to restore public security or order, a State may, in cases of particular
importance, call upon forces and facilities of the Federal Border Guard to
assist its police where without this assistance the police could not, or
only with considerable difficulty, fulfil a task. In order to deal with a
natural disaster or an especially grave accident, a State may request the
assistance of the police forces of other States or of forces and
facilities of other administrative authorities or of the Federal Border
Guard or the Armed Forces.
(3) Where the natural disaster or the
accident endangers a region larger than a State, the Government may,
insofar as this is necessary to effectively deal with such danger,
instruct the State governments to place their police forces at the
disposal of other States, and may use units of the Federal Border Guard or
the Armed Forces to support the police forces. Measures taken by the
Government pursuant to the first sentence of this paragraph have to be
revoked at any time at the demand of the Senate, and otherwise immediately
upon removal of the danger.
(1) Civil servants employed in the highest federal
authorities are drawn from all States in appropriate proportion. Persons
employed in other federal authorities should, as a rule, be drawn from the
State in which they serve.
(2) Military laws also have to take into
account the division of the Federation into States and the regional ties
of their populations.
(1) Where a
State fails to comply with its obligations of a federal character imposed
by this Constitution or another federal statute, the Government may, with
the consent of the Senate, take the necessary measures to enforce such
compliance by the State by way of federal coercion.
(2) For the purpose
of exercising federal coercion, the Government or its commissioner has the
right to give binding instructions to all States and their authorities.
(1) The deputies to
the German House of Representatives are elected in general, direct, free,
equal, and secret elections.
(2) Anyone who has
attained the age of eighteen years is entitled to vote; anyone who has
attained majority is eligible for election.
(3) Details are regulated
by a federal statute.
(1) The House of Representatives is elected, except for
the following provisions, for a four-year term. Its legislative term ends
with the assembly of a new House of Representatives. The new election are
held forty-six months at the earliest, and forty-eight months at the
latest after the beginning of the legislative term. Where the House of
Representatives is dissolved, the new election is held within sixty
days.
(2) The House of Representatives assembles, at the latest, on the
thirtieth day after the election.
(3) The House of Representatives
determines the termination and resumption of its meetings. The President
of the House of Representatives may convene it at an earlier date. He does
so where one third of its members or the President or the Chancellor so
demand.
(1) The House of Representatives elects its
President, vice presidents, and secretaries. It draws up its rules of
procedure.
(2) The President exercises proprietary and police powers in
the House of Representatives building. No search or seizure may take place
on the premises of the House of Representatives without his permission.
(1) The
scrutiny of elections is the responsibility of the House of
Representatives. It also decides whether a deputy has lost his seat in the
House of Representatives.
(2) Complaints against such decisions of the
House of Representatives may be lodged with the Federal Constitutional
Court.
(3) Details are regulated by a federal statute.
(1) The
debates of the House of Representatives are public. Upon a motion of one
tenth of its members, or upon a motion of the Government, the public may
be excluded by a two-thirds majority. The decision on the motion is taken
at a meeting not open to the public.
(2) Decisions of the House of
Representatives require a majority of the votes cast unless this
Constitution provides otherwise. The rules of procedure may provide for
exceptions in respect of elections to be conducted by the House of
Representatives.
(3) True and accurate reports on the public meetings
of the House of Representatives and of its committees does not give rise
to any liability.
(1) The House of Representatives and its committees may
demand the presence of any member of the Government.
(2) The members of
the Senate and of the Government as well as persons commissioned by them
have access to all meetings of the House of Representatives and its
committees. They are heard at any time.
(1) The House of Representatives has the right,
and upon the motion of one quarter of its members the duty, to set up a
committee of investigation, which takes the requisite evidence at public
hearings. The public may be excluded.
(2) The rules of criminal
procedure applies mutatis mutandis to the taking of evidence. The
privacy of letters and the secrecy of post and telecommunication remain
unaffected.
(3) Courts and administrative authorities are bound to
render legal and administrative assistance.
(4) The decisions of
committees of investigation is not subject to judicial consideration. The
courts are free to evaluate and judge the facts on which the investigation
is based.
The
House of Representatives establishes a committee for European Union
matters. It can empower the committee to exercise the rights of the House
of Representatives under Article
(1) The House of Representatives appoints a Committee
on Foreign Affairs and Committee on Defence.
(2) The Committee on
Defence also has the rights of a committee of investigation. Upon the
motion of one quarter of its members it has the duty to make a specific
matter the subject of investigation.
(3) Article
Representatives]
A Defence Commissioner of the House of
Representatives is appointed to safeguard the basic rights and to assist
the House of Representatives in exercising parliamentary control. Details
are regulated by a federal statute.
(1) The
House of Representatives appoints a Petitions Committee to deal with
requests and complaints addressed to the House of Representatives pursuant
to Article
(2)
The powers of the Committee to consider complaints is regulated by a
federal statute.
(1) A deputy may not at any time be subjected to
court proceedings or disciplinary action or otherwise called to account
outside the House of Representatives for a vote cast or a statement made
by him in the House of Representatives or in any of its committees. This
does not apply to defamatory insults.
(2) A deputy may not be called to
account or arrested for a punishable offence except by permission of the
House of Representatives, unless he is apprehended during commission of
the offence or in the course of the following day.
(3) The permission
of the House of Representatives also is necessary for any other
restriction of the personal liberty of a deputy or for the initiation of
proceedings against a deputy under Article
(4)
Any criminal proceedings or any proceedings under Article
Deputies may refuse to give evidence concerning
persons who have confided facts to them in their capacity as deputies, or
to whom they have confided facts in such capacity, as well as evidence
concerning these facts themselves. To the extent that this right of
refusal to give evidence exists, no seizure of documents is permissible.
(1)
Any candidate for election to the House of Representatives is entitled to
the leave necessary for his election campaign.
(2) No one may be
prevented from accepting and exercising the office of deputy. He may not
be given notice of dismissal nor dismissed from employment on this
ground.
(3) Deputies are entitled to adequate remuneration ensuring
their independence. They are entitled to the free use of all state-owned
means of transport. Details are regulated by a federal statute.
The States
participate through the Senate in the legislation and administration of
the Federation and in European Union matters.
(1) The Senate
consists of members of the State governments which appoint and recall
them. Other members of such governments may act as substitutes.
(2)
Each State has at least three votes; States with more than two million
inhabitants have four, States with more than six million inhabitants five,
and States with more than seven million inhabitants six votes.
(3) Each
State may delegate as many members as it has votes. The votes of each
State may be cast only as a block vote and only by members present or
their substitutes.
(1) The Senate elects its President for one
year.
(2) The President convenes the Senate. He convenes the Senate
where delegates from at least two States or the Government so
demand.
(3) The Senate takes its decisions with at least the majority
of its votes. It draws up its rules of procedure. Its meetings are public.
The public may be excluded.
(3a) For European Union matters, the Senate
can establish a European Chamber whose decisions are considered decisions
or the Senate; Article
(4) Other members of
or persons commissioned by State governments may serve on the committees
of the Senate.
The members of the Government have the right, and
on demand the duty, to attend the meetings of the Senate and of its
committees. They have the right to be heard at any time. The Senate is
being kept informed by the Government as regards the conduct of affairs.
information]
(1) Two thirds of the members of the Joint
Committee are deputies of the House of Representatives and one third are
members of the Senate. The House of Representatives delegates its deputies
in proportion to the relative strength of its parliamentary groups;
deputies may not be members of the Government. Each State is represented
by a Senate member of its choice; these members are not bound by
instructions. The establishment of the Joint Committee and its procedures
are regulated by rules of procedure to be adopted by the House of
Representatives and requiring the consent of the Senate.
(2) The
Government informs the Joint Committee about its plans in respect of a
state of defence. The rights of the House of Representatives and its
committees under Article
(1) The President is
elected, without debate, by the Federal Convention. Every German who is
entitled to vote in House of Representatives elections and has attained
the age of forty years is eligible for election.
(2) The term of
office of the President is five years. Reelection for a consecutive term
is permitted only once.
(3) The Federal Convention consists of the
members of the House of Representatives and an equal number of members
elected by the parliaments of the States according to the principles of
proportional representation.
(4) The Federal Convention meets no later
than thirty days before the expiration of the term of office of the
President or, in the case of premature termination, not later than thirty
days after that date. It is convened by the President of the House of
Representatives.
(5) After the expiration of a legislative term, the
period specified in Paragraph (4) 1 begins with the first meeting of the
House of Representatives.
(6) The person receiving the votes of the
majority of the members of the Federal Convention is elected. Where such
majority is not obtained by any candidate in two ballots, the candidate
who receives the largest number of votes in the next ballot is
elected.
(7) Details are regulated by a federal statute.
(1) The
President may not be a member of the government nor of a legislative body
of the Federation or of a State.
(2) The President may not hold any
other salaried office, nor engage in an occupation, nor belong to the
management or the board of directors of an enterprise carried on for
profit.
On assuming his
office, the President takes the following oath before the assembled
members of the House of Representatives and the Senate: "I swear
that I will dedicate my efforts to the well-being of the German people,
enhance their benefits, avert hamm from them, uphold and defend the
Constitution and the statutes of the Federation, fulfil my duties
conscientiously, and do justice to all. So help me God." The oath
may also be taken without religious affirmation.
Where the
President is prevented from acting, or where his office falls prematurely
vacant, his powers are exercised by the President of the Senate.
Orders and
directions of the President require, for their validity, the
countersignature of the Chancellor or the appropriate Minister. This does
not apply to the appointment and dismissal of the Chancellor, the
dissolution of the House of Representatives under Article
(1) The President represents the Federation in its
international relations. He concludes treaties with foreign states on
behalf of the Federation. He accredits and receive envoys.
(2) Treaties
which regulate the political relations of the Federation or relate to
matters of federal legislation requires the consent or participation, in
the form of a federal statute, of the bodies competent in any specific
case for such federal legislation. As regards administrative agreements,
the provisions concerning the federal administration applies mutatis
mutandis.
Pardon]
(1) The President appoints and dismisses
the federal judges, the federal civil servants, the officers and
non-commissioned officers, except as may otherwise be provided for by
statute.
(2) He exercises the right of pardon in individual cases on
behalf of the Federation.
(3) He may delegate these powers to other
authorities.
(4) Article
Court]
(1) The House of Representatives or
the Senate may impeach the President before the Federal Constitutional
Court for wilful violation of this Constitution or any other federal
statute. The motion of impeachment is filed by at least one quarter of the
members of the House of Representatives or one quarter of the votes of the
Senate. A decision to impeach requires a majority of two thirds of the
members of the House of Representatives or of two thirds of the votes of
the Senate. The impeachment is pleaded by a person commissioned by the
impeaching body.
(2) Where the Federal Constitutional Court finds the
President guilty of a wilful violation of this Constitution or of another
federal statute, it may declare him to have forfeited his office. After
impeachment, it may issue an interim order preventing the President from
exercising his functions.
The Government
consists of the Chancellor and the Ministers.
(1) The Chancellor is elected, without debate, by
the House of Representatives upon the proposal of the President.
(2)
The person obtaining the votes of the majority of the members of the House
of Representatives are elected. The person elected is appointed by the
President.
(3) Where the person proposed is not elected, the House of
Representatives may elect within fourteen days of the ballot a Chancellor
by more than one half of its members.
(4) Where no candidate has been
elected within this period, a new ballot takes place without delay in
which the person obtaining the largest number of votes is elected. Where
the person elected has obtained the votes of the majority of the members
of the House of Representatives, the President appoints him within seven
days of the election. Where the person elected did not obtain such a
majority, the President, within seven days, either appoints him or
dissolves the House of Representatives.
(1)
The Ministers are appointed and dismissed by the President upon the
proposal of the Chancellor.
(2) The Chancellor and the Ministers, on
assuming office, take before the House of Representatives the oath
provided for in Article
The Chancellor determines and is responsible for
the general policy guidelines. Within the limits set by these guidelines,
each Minister conducts the affairs of his department independently and on
his own responsibility. The Government decides on differences of opinion
between Ministers. The Chancellor conducts the affairs of the Government
in accordance with rules of procedure adopted by it and approved by the
President.
Power of command in respect of the Armed Forces is be
vested in the Minister of Defence.
The
Chancellor and the Ministers may not hold any other salaried office, nor
engage in an occupation, nor belong to the management or, without the
consent of the House of Representatives, to the board of directors of an
enterprise carried on for profit.
(1) The House of Representatives can express its
lack of confidence in the Chancellor only by electing a successor with the
majority of its members and by requesting the President to dismiss the
Chancellor. The President complies with the request and appoints the
person elected.
(2) Forty-eight hours must elapse between the motion
and the election.
Representatives]
(1) Where a motion of the
Chancellor for a vote of confidence is not carried by the majority of the
members of the House of Representatives, the President may, upon the
proposal of the Chancellor, dissolve the House of Representatives within
twenty-one days. The right of dissolution shall lapse as soon as the House
of Representatives elects another Chancellor with the majority of its
members.
(2) Forty-eight hours must elapse between the motion and the
vote thereon.
(1)
The Chancellor appoints a Minister as his deputy.
(2) The tenure of
office of the Chancellor or a Minister end in any event on the assembly of
a new House of Representatives; the tenure of office of a Minister also
end on any other termination of the Chancellor's tenure of office.
(3)
At the request of the President, the Chancellor - or at the request of the
Chancellor or of the President, a Minister - is bound to continue managing
the affairs of his office until the appointment of a successor.
(1) The States have the right to legislate insofar as
this Constitution does not confer legislative power on the Federation.
(2) The division of
competence between the Federation and the States are determined by the
provisions of this Constitution concerning exclusive and concurrent
legislative powers.
In matters within the exclusive legislative power
of the Federation, the States have power to legislate only where and to
the extent that they are given such explicit authorization by a federal
statute.
(1) In the field of concurrent legislative power,
the States have power to legislate as long as and to the extent that the
Federation does not exercise its right to legislate by statute.
(2) In
this field, the Federation has legislation if and insofar as the
establishment of equal living conditions in the federal territory or the
preservation of legal and economic unity necessitates, in the interest of
the state at large, a federal regulation.
(3) A federal statute can
stipulate that a federal regulation for which the conditions of Paragraph
(2) no longer hold true is replaced by law of the States.
The Federation has exclusive power to legislate in the
following matters:
1. foreign affairs and defence, including the
protection of the civilian population;
2. citizenship in the
Federation;
3. freedom of movement, passport matters, immigration,
emigration and extradition;
4. currency, money and coinage, weights and
measures, as well as the determination of standards of time;
5. the
unity of the customs and trading area, treaties on commerce and on
navigation, the freedom of movement of goods, and the exchange of goods
and payments with foreign countries, including customs and other frontier
protection;
6. air transport;
6a. the traffic of railroads owned
completely or mainly by the Federation (railroads of the Federation), the
construction, maintenance, and operation of railway tracks and railroads
of the Federation as well as the charging for the use of these
railways;
7. postal affairs and telecommunication;
8. the legal
status of persons employed by the Federation and by federal corporate
bodies under public law;
9. industrial property rights, copyrights and
publishing law;
10. cooperation between the Federation and the States
concerning
a) criminal police,
b) protection of the free democratic
basic order, of the existence and the security of the Federation or of a
State (protection of the constitution) and
c) protection against
activities in the federal territory which, through the use of force or
actions in preparation for the use of force, endanger the foreign
interests of the Federal Republic of Germany, as well as the establishment
of a Federal Criminal Police Office and the international control of
crime;
11. statistics for federal purposes.
(1)
Concurrent legislative powers cover the following matters:
1. civil
law, criminal law and execution of sentences, the organization and
procedure of courts, the legal profession, notaries and legal
advice;
2. registration of births, deaths and marriages;
3. the law
of association and assembly;
4. the law relating to residence and
settlement of aliens;
4a. the law relating to weapons and
explosives;
5. {...}
6. refugee and expellee matters;
7. public
welfare;
8. {...}
9. war damage and reparations;
10. benefits to
war-disabled persons and to dependents of those killed in the war as well
as assistance to former prisoners of war;
10a. war graves of soldiers,
graves of other victims of war and of victims of despotism;
11. the law
relating to economic matters (mining, industry, supply of power, crafts,
trades, commerce, banking, stock exchanges and private insurance);
11a.
the production and utilization of nuclear energy for peaceful purposes,
the construction and operation of installations serving such purposes,
protection against hazards arising from the release of nuclear energy or
from ionizing radiation, and the disposal of radioactive
substances;
12. Labor law, including the legal organization of
enterprises, protection of workers, employment exchanges and agencies, as
well as social insurance, including unemployment insurance;
13. the
regulation of educational and training grants and the promotion of
scientific research;
14. the law regarding expropriation, to the extent
that matters enumerated in Articles
15. transfer of land, natural resources and means of
production to public ownership or other forms of collective enterprise for
the public benefit:
16. prevention of the abuse of economic
power;
17. promotion of agricultural production and forestry, securing
the supply of food, the importation and exportation of agricultural and
forestry products, deep-sea and coastal fishing, and preservation of the
coasts:
18. real estate transactions, land law (excluding the law of
charges for development) and matters concerning agricultural leases, as
well as housing, settlement and homestead matters;
19. measures against
human and animal diseases that are communicable or otherwise endanger
public health, admission to the medical profession and to other medical
occupations or practices, as well as trade in medicines, curatives,
narcotics and poisons;
19a. the economic viability of hospitals and the
regulation of hospitalization fees;
20. protection regarding the
marketing of food, drink and tobacco, of necessities of life, fodder,
agricultural and forest seeds and seedlings, and protection of plants
against diseases and pests, as well as the protection of animals;
21.
ocean and coastal shipping, as well as sea marks, inland navigation,
meteorological services, sea routes, and inland waterways used for general
traffic;
22. road traffic, motor transport, construction and
maintenance of long-distance highways, as well as the collection of
charges for the use of public highways by vehicles and the allocation of
revenue therefrom:
23. railroads which are not railroads of the
Federation, except mountain railroads;
24. {...};
25. state
liability;
26. artificial insemination of humans, research on
manipulations of genes, and regulations for transplantation of organs and
living matter.
(2) The consent of the Senate is necessary for statutes
according to Paragraph (1) number 25.
(1) Concurrent legislative power further extend to
the remuneration and pensions of members of the public service whose
service and loyalty are governed by public law, insofar as the Federation
does not have exclusive power to legislate pursuant to Article
(2) Federal statutes enacted pursuant to Paragraph (1) require
the consent of the Senate.
(3) Federal statutes enacted pursuant to
Article
(4) Paragraphs (1) and (2) apply mutatis
mutandis to the remuneration and pensions of judges in the States.
Paragraph (3) applies mutatis mutandis to statutes enacted pursuant
to Article
(1) Subject to the conditions laid down in Article
1. the legal status of persons in
the public service of the States, communes or other corporate bodies under
public law, insofar as Article
1a. the general principles governing higher
education;
2. the general legal status of the press;
3. hunting,
nature conservation and landscape management;
4. State distribution,
regional planning and the management of water resources;
5. matters
relating to the registration of residence or domicile and to identity
cards;
6. protection against transfer of items of German culture to
foreign countries.
Article 72 (3) applies mutatis
mutandis.
(2) Framework legislation may contain detailed or
directly applicable provisions only in exceptional cases.
(3) If the
Federation adopts framework legislation, the States are bound to adopt the
necessary State statutes within an adequate time frame stipulated by the
legislation.
(1) Bills are introduced
in the House of Representatives by the Government or by members of the
House of Representatives or by the Senate.
(2) Bills of the Government
first have to be submitted to the Senate. The Senate is entitled to state
its position on such bills within six weeks. If, for important reasons and
particularly with regard to the volume of the bill, the Senate asks for
deferral, the period is nine weeks. A bill which, on submission to the
Senate, is exceptionally specified by the Government to be particularly
urgent may be submitted by the latter to the House of Representatives
three weeks later, or, if the Senate asked for deferral according to
sentence 3, six weeks later, even though the Government may not yet have
received the statement of the Senate's position; upon receipt, such
statement has to be transmitted to the House of Representatives by the
Government without delay. The time limit for statements to bills changing
this Constitution or delegating sovereign powers according to Article
(3) Bills of the Senate have to be
submitted to the House of Representatives by the Government within six
weeks. In doing so, the Government states its own view. If, for important
reasons and particularly with regard to the volume of the bill, the
Government asks for deferral, the period is nine weeks. The time limit for
a bill which is exceptionally specified by the Senate to be particularly
urgent is three weeks or, if the Government asked for deferral according
to sentence 3, six weeks. The time limit for statements to bills changing
this Constitution or delegating sovereign powers according to Article
(1)
Federal statutes are enacted by the House of Representatives. Upon their
adoption they have to be transmitted, without delay, to the Senate by the
President of the House of Representatives.
(2) The Senate may, within
three weeks of the receipt of the adopted bill, demand that a committee
for joint consideration of bills, composed of members of the House of
Representatives and members of the Senate, be convened. The composition
and the procedure of this committee is regulated by rules of procedure to
be adopted by the House of Representatives and requiring the consent of
the Senate. The members of the Senate on this committee are not bound by
instructions. Where the consent of the Senate is required for a bill to
become a statute, the House of Representatives and the Government may also
demand that the committee be convened. Should the committee propose any
amendment to the adopted bill, the House of Representatives again votes on
the bill.
(2a) Insofar as a statute requires the consent of the Senate,
the Senate, if no demand according to Paragraph (2) 1 was issued or if the
committee for joint consideration has concluded its procedures without
suggesting changes, has to debate about its consent within adequate time
and reach a decision.
(3) Insofar as the consent of the Senate is not
required for a bill to become a statute, the Senate may, when the
proceedings under Paragraph (2) are completed, enter an objection within
two weeks against a bill adopted by the House of Representatives. The
period for entering an objection begins, in the case of the last sentence
of Paragraph (2), on the receipt of the bill as readopted by the House of
Representatives, and in all other cases on the receipt of a communication
from the chairman of the committee provided for in Paragraph (2) to the
effect that the committee's proceedings have been concluded.
(4) Where
the objection was adopted with the majority of the votes of the Senate, it
can be rejected by a decision of the majority of the members of the House
of Representatives. Where the Senate adopted the objection with a majority
of at least two thirds of its votes, its rejection by the House of
Representatives requires a majority of two thirds, including at least the
majority of the members of the House of Representatives.
A
bill adopted by the House of Representatives becomes a statute where the
Senate consents to it, or fails to make a demand pursuant to Article
(1) This Constitution can be amended only by
statutes which expressly amend or supplement the text thereof. In respect
of international treaties, the subject of which is a peace settlement, the
preparation of a peace settlement or the phasing out of an occupation
regime, or which are intended to serve the defence of the Federal
Republic, it is sufficient, for the purpose of clarifying that the
provisions of this Constitution do not preclude the conclusion and entry
into force of such treaties, to effect a supplementation of the text of
this Constitution confined to such clarification.
(2) Any such statute
requires the consent of two thirds of the members of the House of
Representatives and two thirds of the votes of the Senate.
(3)
Amendments of this Constitution affecting the division of the Federation
into States, the participation on principle of the States in legislation,
or the basic principles laid down in Articles
(1) The
Government, a Minister or the State governments may be authorized by
statute to issue ordinances. The content, purpose, and scope of the
authorization so conferred must be laid down in the statute concerned.
This legal basis has to be stated in the ordinance. Where a statute
provides that such authorization may be delegated, such delegation
requires another ordinance.
(2) The consent of the Senate is required,
unless otherwise provided by federal legislation, for ordinances of the
Government or a Minister concerning basic rules or charges for the use of
facilities of postal affairs and telecommunication, concerning the basic
rules for charges and use of facilities of railroads of the Federation, or
concerning the construction and operation of railroads, as well as for
ordinances issued pursuant to federal statutes that require the consent of
the Senate or that are executed by the States as agents of the Federation
or as matters of their own concern.
(3) The Senate can submit such
bills for ordinances to the Government that require its consent.
(4)
Insofar as, by or on the basis of federal statutes, Governments of the
States are empowered to adopt ordinances, the States are also allowed to
regulate the matter by statute.
tension]
(1) Where this Constitution or a federal
statute on defence, including the protection of the civilian population,
stipulates that legal provisions may only be applied in accordance with
this Article, their application is, except in a state of defence,
admissible only after the House of Representatives has determined that a
state of tension exists or where it has specifically approved such
application. In respect of the cases mentioned in Article
(2) Any
measures taken by virtue of legal provisions enacted under Paragraph (1)
have to be revoked whenever the House of Representatives so
demands.
(3) In derogation of Paragraph (1), the application of such
legal provisions is also admissible by virtue of and in accordance with a
decision taken with the consent of the Government by an international body
within the framework of a treaty of alliance. Any measures taken pursuant
to this paragraph have to be revoked whenever the House of Representatives
so demands with the majority of its members.
(1) Should, in the circumstances of Article
(2)
Where, after a state of legislative emergency has been declared, the House
of Representatives again rejects the bill or adopts it in a version stated
to be unacceptable to the Government, the bill is deemed to have become a
statute to the extent that the Senate consents to it. The same applies
where the bill is not passed by the House of Representatives within four
weeks of it.s reintroduction
(3) During the term of office of a
Chancellor, any other bill rejected by the House of Representatives may
become a statute in accordance with Paragraphs (1) and (2) within a period
of six months after the first declaration of a state of legislative
emergency. After the expiration of this period, a further declaration of a
state of legislative emergency is inadmissible during the term of office
of the same Chancellor.
(4) This Constitution may not be amended nor
repealed nor suspended in whole or in part by a statute enacted pursuant
to Paragraph (2).
(1) Statutes enacted in accordance with the
provisions of this Constitution are, after countersignature, signed by the
President and promulgated in the Federal Law Gazette. Ordinances are
signed by the agency which issues them and, unless otherwise provided by
statute, are promulgated in the Federal Law Gazette.
(2) Every statute
or every ordinance should specify its effective date. In the absence of
such a provision, it takes effect on the fourteenth day after the end of
the day on which the Federal Law Gazette containing it was published.
The States execute federal statutes as matters of their
own concern insofar as this Constitution does not otherwise provide or
permit.
(1) Where the States execute federal statutes as
matters of their own concern, they provide for the establishment of the
requisite authorities and the regulation of administrative procedures
insofar as federal statutes consented to by the Senate do not otherwise
provide.
(2) The Government may, with the consent of the Senate, issue
general administrative rules.
(3) The Government exercises supervision
to ensure that the States execute the federal statutes in accordance with
applicable law. For this purpose the Government may send commissioners to
the highest State authorities and, with their consent or, where such
consent is refused, with the consent of the Senate, also to subordinate
authorities.
(4) Should any shortcomings which the Government has found
to exist in the execution of federal statutes in the States not be
corrected, the Senate decides, at the request of the Government or the
State concerned, whether such State has violated the law. The decision of
the Senate may be challenged in the Federal Constitutional Court.
(5)
With a view to the execution of federal statutes, the Government may be
authorized by a federal statute requiring the consent of the Senate to
issue individual instructions for particular cases. They are addressed to
the highest State authorities unless the Government considers the matter
urgent.
(1) Where the States execute federal statutes as
agents of the Federation, the establishment of the requisite authorities
remains the concern of the States, except insofar as federal statutes
consented to by the Senate otherwise provide.
(2) The Government may,
with the consent of the Senate, issue general administrative rules. It may
regulate the uniform training of civil servants and other salaried public
employees. The heads of authorities at the intermediate level are
appointed with its agreement.
(3) The State authorities are subject to
the instructions of the competent highest federal authorities. Such
instructions are addressed to the highest State authorities unless the
Government considers the matter urgent. Execution of the instructions is
ensured by the highest State authorities.
(4) Federal supervision
covers the lawfulness and appropriateness of execution. The Government
may, for this purpose, require the submission of reports and documents and
send commissioners to all authorities.
Where the Federation executes statutes by means
of direct federal administration or by federal corporate bodies or
institutions under public law, the Government issues, insofar as the
statute concerned contains no special provision, pertinent general
administrative rules. The Government provides for the establishment of the
requisite authorities insofar as the statute concerned does not otherwise
provide.
(1) The foreign service, the federal finance
administration and, in accordance with the provisions of Article
(2) Social insurance institutions
whose sphere of competence extends beyond the territory of one State are
administered as direct federal corporate bodies under public law. Social
insurance institutions whose sphere of competence extends beyond the
territory of one State, but not beyond that of more than three States, are
administered, differing from the first sentence, as direct State corporate
bodies under public law if the supervising State is determined by the
States involved.
(3) In addition, independent federal higher
authorities as well as new federal corporate bodies and institutions under
public law may be established by federal legislation for matters on which
the Federation has the power to legislate. Where new functions arise for
the Federation in matters on which it has the power to legislate, federal
authorities at the intermediate and lower levels may be established, in
case of urgent need, with the consent of the Senate and of the majority of
the members of the House of Representatives.
(1) The Federation establishes Armed Forces for defence
purposes. Their numerical strength and general organizational structure
must be shown in the budget.
(2) Apart from defence, the Armed Forces
may only be used insofar as explicitly permitted by this
Constitution.
(3) While a state of defence or a state of tension
exists, the Armed Forces have the power to protect civilian property and
discharge functions of traffic control insofar as this is necessary for
the performance of their defence mission. Moreover, the Armed Forces may,
when a state of defence or a state of tension exists, be entrusted with
the protection of civilian property also in support of police measures; in
this event the Armed Forces cooperate with the competent
authorities.
(4) In order to avert any imminent danger to the existence
or to the free democratic basic order of the Federation or a State, the
Government may, should conditions as envisaged in Article
(1) The Federal Armed Forces Administration is
conducted as a direct federal administration with its own administrative
substructure. Its function are to administer personnel matters and
directly to meet the material requirements of the Armed Forces. Tasks
connected with benefits to disabled persons or with construction work are
not assigned to the Federal Armed Forces Administration except by federal
legislation requiring the consent of the Senate. Such consent is also
required for any statutes to the extent that they empower the Federal
Armed Forces Administration to interfere with rights of third parties;
this does not apply, however, in the case of statutes concerning personnel
matters.
(2) Moreover, federal statutes concerning defence, including
recruitment for military service and protection of the civilian
population, may, with the consent of the Senate, provide that they are
executed, wholly or in part, either by means of direct federal
administration having its own administrative substructure or by the States
acting as agents of the Federation. Where such statutes are executed by
the States acting as agents of the Federation, they may, with the consent
of the Senate, provide that the powers vested in the Government or
appropriate highest federal authorities by virtue of Article
Statutes enacted under Article
(1)
Aviation administration is conducted as a direct federal administration.
Federal law decides about public law and private law forms of
organization.
(2) Through federal legislation requiring the consent of
the Senate, functions of aviation administration may be transferred to the
States acting as agents of the Federation.
(1) The
administration for traffic of railroads of the Federation is conducted as
a direct federal administration. By federal statute, tasks of the
administration for traffic of railroads can be delegated to the States as
their own tasks.
(2) The Federation undertakes the tasks to administer
traffic of railroads of the Federation as are assigned to it by federal
statute.
(3) Railroads of the Federation are managed in the form of
private law businesses. They are owned by the Federation as far as the
activities of the business encompass construction, maintenance, or
operation of railways. The sale of shares of the Federation in the
businesses mentioned in the second sentence is regulated on the basis of a
statute; the Federation retains a majority of shares in those businesses.
Details are regulated by a federal statute.
(4) The Federation
guarantees that the public weal, particularly the interest in traffic, in
the development and preservation of the railway network of railways of the
Federation as far as it is used for local railway transport of persons is
considered. Details are regulated by a federal statute.
(5) Statutes
based on Paragraphs (1) to (4) need the consent of the Senate.
Furthermore, the consent of the Senate is necessary for statutes that
dissolve, merge, or split railroads of the Federation, convey railways of
railroads of the Federation to third parties as well as discontinue
railways of railroads of the Federation, or affect the local railway
transport of persons.
(1) Regulated by a federal statute requiring
the consent of the Senate, the Federation guarantees a comprehensive and
adequate coverage with services in the area of postal affairs and
telecommunication.
(2) Services in the sense of Paragraph (1) are
organized as private law activities by those businesses originating in the
special property Deutsche Bundespost. Sovereign tasks in the area of
postal affairs and telecommunication are organized as direct federal
administration.
(3) Notwithstanding Paragraph (2) 2, the Federation, in
the public law form of a direct federal agency, discharges certain duties
regarding businesses originating in the special property Deutsche
Bundespost, as are assigned to it by federal statutes.
The Federation
establishes a note-issuing and currency bank as the Bundesbank. Its tasks
and powers can, in the context of the European Union, be transferred to
the European Central Bank which is independent and primarily bound by the
purpose of securing stability of prices.
(1) The
Federation is the owner of the former Reich waterways.
(2) The
Federation administers the federal waterways through its own authorities.
It exercises those governmental functions relating to inland shipping
which extend beyond the territory of one State, and those governmental
functions relating to maritime shipping which are conferred on it by
statute. Upon request, the Federation may transfer the administration of
federal waterways, insofar as they lie within the territory of one State,
to that State as its agent. Where a waterway touches the territories of
several States, the Federation may delegate one State to be its agent
where so requested by the States concerned.
(3) In the administration,
development, and new construction of waterways, the needs of land
improvement and of water economy are safeguarded in agreement with the
States.
(1) The
Federation is the owner of the former Reich streets and Reich
highways.
(2) The States, or such self-governing corporate bodies as
are competent under State law, administer as agents of the Federation the
federal streets and other federal highways used for long-distance
traffic.
(3) At the request of a State, the Federation may place
federal streets and other federal highways used for long-distance traffic
under direct federal administration insofar as they lie within the
territory of that State.
(1) In
order to avert any imminent danger to the existence or to the tree
democratic basic order of the Federation or a State, a State may request
the services of the police forces of other States, or of the forces and
facilities of other administrative authorities and of the Federal Border
Guard.
(2) If the State where such danger is imminent is not itself
willing or able to combat the danger, the Government may place the police
in that State and the police forces of other States under its own
instructions and use units of the Federal Border Guard. The order for this
has to be revoked after the removal of the danger or else at any time at
the demand of the Senate. Where the danger extends to a region larger than
a State, the Government may, insofar as is necessary for effectively
combatting such danger, issue instructions to the State governments; the
first and second sentences of this paragraph are not affected by this
provision.
(1) The Federation participates, in the following
sectors, in the discharge of responsibilities of the States, provided that
such responsibilities are important to society as a whole and that federal
participation is necessary for the improvement of living conditions (joint
tasks):
1. extension and construction of institutions of higher
education, including university clinics;
2. improvement of regional
economic structures;
3. improvement of the agrarian structure and of
coast preservation.
(2) Joint tasks are defined in detail by a federal
statute requiring the consent of the Senate. Such legislation should
include general principles governing the discharge of joint tasks.
(3)
Such legislation provides for the procedure and the institutions required
for joint overall planning. The inclusion of a project in the overall
planning requires the consent of the State in which it is to be carried
out.
(4) In cases to which Paragraph (1) Number 1 and 2 applies, the
Federation pays for one half of the expenditure in each State. In cases to
which Paragraph (1) Number 3 applies, the Federation pays for at least one
half of the expenditure, and such proportion is the same for all the
States. Details are regulated by statute. Provision of funds are subject
to appropriation in the budgets of the Federation and the States.
(5)
The Government and the Senate are informed about the execution of joint
tasks, should they so demand.
The Federation and the States may, pursuant to
agreements, cooperate in educational planning and in the promotion of
institutions and projects of scientific research of supra-regional
importance. The apportionment of costs is regulated in the relevant
agreements.
Judicial
power is vested in the judges; it is exercised by the Federal
Constitutional Court, by the federal courts provided for in this
Constitution, and by the courts of the States.
(1) The Federal Constitutional Court decides:
1. on the
interpretation of this Constitution in the event of disputes concerning
the extent of the rights and duties of a highest federal body or of other
parties concerned who have been vested with rights of their own by this
Constitution or by rules of procedure of a highest federal body;
2. in
case of differences of opinion or doubts on the formal and material
compatibility of federal law or State law with this Constitution, or on
the compatibility of State law with other federal law, at the request of
the Government, of a State government, or of one third of the House of
Representatives members;
2a. in case of differences of opinion on the
compatibility of federal law with Article
3. in case of differences of opinion on the rights and
duties of the Federation and the States, particularly in the execution of
federal law by the States and in the exercise of federal
supervision;
4. on other disputes involving public law, between the
Federation and the States, between different States or within a State,
unless recourse to another court exists;
4a. on complaints of
unconstitutionality, being filed by any person claiming that one of his
basic rights or one of his rights under Article
4b. on complaints of
unconstitutionality filed by communes or associations of communes on the
ground that their right to self-government under Article
5. in the other cases provided
for in this Constitution.
(2) The Federal Constitutional Court also
acts in such other cases as are assigned to it by federal legislation.
(1) The Federal Constitutional Court consists of federal
judges and other members. Half of the members of the Federal
Constitutional Court are elected by the House of Representatives and half
by the Senate. They may not be members of the House of Representatives.
the Senate, the Government, nor of any of the corresponding bodies of a
State.
(2) The constitution and procedure of the Federal Constitutional
Court are regulated by a federal statute which specifies in what cases its
decisions have the force of law. Such statute may require that all other
legal remedies must have been exhausted before a complaint of
unconstitutionality can be entered, and may make provision for a special
procedure as to admissibility.
Panel]
(1) For the purposes of ordinary,
administrative, fiscal, labor, and social jurisdiction, the Federation
establishes as highest courts of justice the Federal Court of Justice, the
Federal Administrative Court, the Federal Finance Court, the Federal Labor
Court, and the Federal Social Court.
(2) The judges of each of these
courts are selected jointly by the competent Minister and a committee for
the selection of judges consisting of the competent State ministers and an
equal number of members elected by the House of Representatives.
(3) In
order to preserve uniformity of decisions, a Joint Panel of the courts
specified in Paragraph (1) is set up. Details are regulated by a federal
statute.
(1) The
Federation may establish a federal court for matters concerning industrial
property rights.
(2) The Federation may establish military criminal
courts for the Armed Forces as federal courts. They may only exercise
criminal jurisdiction while a state of defence exists, and otherwise only
over members of the Armed Forces serving abroad or on board warships.
Details are regulated by a federal statute. These courts are within the
competence of the Minister of Justice. Their full-time judges are persons
qualified to hold judicial office.
(3) The highest court of justice for
appeals from the courts mentioned in Paragraphs (1) and (2) is the Federal
Court of Justice.
(4) The Federation may establish federal courts for
disciplinary proceedings against, and for proceedings in pursuance of
complaints by, persons in the federal public service.
(5) In respect of
criminal proceedings under Article
(1)
The judges are independent and subject only to the law.
(2) Judges
appointed permanently on a full-time basis in established positions
cannot, against their will, be dismissed or permanently or temporarily
suspended from office or given a different posting or retired before the
expiration of their term of office except by virtue of a judicial decision
and only on the grounds and in the form provided for by statute.
Legislation may set age limits for the retirement of judges appointed for
life. In the event of changes in the structure of courts or in their
districts, judges may be transferred to another court or removed from
office, provided they retain their full salary.
States]
(1) The legal status of the federal judges
is regulated by a special federal statute.
(2) Where a federal judge,
in his official capacity or unofficially, infringes the principles of this
Constitution or the constitutional order of a State, the Federal
Constitutional Court may decide by a two-thirds majority, upon the request
of the House of Representatives, that the judge be given a different
office or retired. In a case of intentional infringement, his dismissal
may be ordered.
(3) The legal status of the judges in the States is
regulated by special State statutes. The Federation may enact outline
provisions, insofar as Article
(4) The States may provide that the State
Minister of Justice together with a committee for the selection of judges
decides on the appointment of judges in the States.
(5) The States may,
in respect of State judges, enact provisions corresponding to those of
Paragraph (2). Existing State constitutional law remains unaffected. The
decision in a case of impeachment of a judge rests with the Federal
Constitutional Court.
The decision on constitutional disputes within a State may
be assigned by State legislation to the Federal Constitutional Court, and
the decision at last instance in matters involving the application of
State law to the highest courts of justice referred to in Article
Constitution]
(1) Where a court considers that a statute on
whose validity the court's decision depends is unconstitutional, the
proceedings have to be stayed, and a decision has to be obtained from the
State court with jurisdiction over constitutional disputes where the
constitution of a State is held to be violated, or from the Federal
Constitutional Court where this Constitution is held to be violated. This
also applies where this Constitution is held to be violated by State law
or where a State statute is held to be incompatible with a federal
statute.
(2) Where, in the course of litigation, doubt exists whether a
rule of public international law is an integral part of federal law and
whether such rule directly creates rights and duties for the individual
(Article 25), the court obtains a decision from the Federal Constitutional
Court.
(3) Where the constitutional court of a State, in interpreting
this Constitution, intends to deviate from a decision of the Federal
Constitutional Court or of the constitutional court of another State, it
obtains a
decision from the Federal Constitutional Court.
(1) Extraordinary courts are inadmissible. No one may
be removed from the jurisdiction of his lawful judge.
(2) Courts for
special fields of law may be established only by Legislation.
Capital punishment is abolished.
(1) ln the
courts, everyone is entitled to a hearing in accordance with the
law.
(2) An act can be punished only where it constituted a criminal
offence under the law before the act was committed.
(3) No one may be
punished for the same act more than once under general criminal
legislation.
liberty]
(1) The liberty of the individual
may be restricted only by virtue of a formal statute and only in
compliance with the forms prescribed therein. Detained persons may not be
subjected to mental or to physical ill-treatment.
(2) Only judges may
decide on the admissibility or continuation of any deprivation of liberty.
Where such deprivation is not based on the order of a judge, a judicial
decision has to be obtained without delay. The police may hold no one on
their own authority in their own custody longer than the end of the day
after the day of apprehension. Details are regulated by
legislation.
(3) Any person provisionally detained on suspicion of
having committed an offence has to be brought, not later than the day
following the day of apprehension, before a judge who has to inform him of
the reasons for the detention, examine him, and give him an opportunity to
raise objections. The judge, without delay, has to either issue a warrant
of arrest setting forth the reasons therefor or order his release from
detention.
(4) A relative or a person enjoying the confidence of the
person detained has to be notified without delay of any judicial decision
imposing or ordering the continuation of his deprivation of liberty.
(1) The Federation and the States separately meet
the expenditure resulting from the discharge of their respective tasks
insofar as this Constitution does not provide otherwise.
(2) Where the
States act as agents of the Federation, the Federation meets the resulting
expenditure.
(3) Federal statutes to be executed by the States and
granting money payments may make provision for such payments to be met
wholly or in part by the Federation. Where any such statute provides that
the Federation meets one half of the expenditure or more, it is
implemented by the States as agents of the Federation. Where any such
statute provides that the States meet one quarter of the expenditure or
more, it requires the consent of the Senate.
(4) The Federation may
grant the States financial assistance for particularly important
investments by the States or communes or associations of communes,
provided that such investments are necessary to avert a disturbance of the
overall economic equilibrium or to equalize differences of economic
capacities within the federal territory or to promote economic growth.
Details, especially concerning the kinds of investments to be promoted,
are regulated by a federal statute requiring the consent of the Senate or
by administrative arrangements under the federal budget law.
(5) The
Federation and the States meet the administrative expenditure incurred by
their respective authorities and are responsible to each other for
ensuring proper administration. Details are regulated by a federal statute
requiring the consent of the Senate.
(1) The
Federation has exclusive power to legislate on customs duties and fiscal
monopolies.
(2) The Federation has 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 Article
(2a) The States have power to legislate on local excise taxes as
long and insofar as they are not identical with taxes imposed by federal
legislation.
(3) Federal laws relating to taxes the receipts from which
accrue wholly or in part to the States or communes or associations of
communes require the consent of the Senate.
(1) The yield of fiscal monopolies and the revenue
from the following taxes belongs to the Federation:
1. customs
duties;
2. excise taxes insofar as they do not accrue to the States
pursuant to Paragraph (2), or jointly to the Federation and the States in
accordance with Paragraph (3), or to the communes in accordance with
Paragraph (6);
3. road freight tax;
4. capital transaction taxes,
the insurance tax, and the bill of exchange tax;
5. non-recurrent
levies on property, and contributions imposed for the purpose of
implementing the equalization of burdens legislation;
6. income and
corporation surtaxes;
7. charges imposed within the framework of the
European Communities.
(2) Revenue from the following taxes belong to
the States:
1. wealth tax;
2. inheritance tax;
3. motor vehicle
tax;
4. such taxes on transactions as do not accrue to the Federation
pursuant to Paragraph (1) or jointly to the Federation and the States
pursuant to Paragraph (3);
5. beer tax;
6. gaming casinos
levy.
(3) Revenues from income taxes, corporation taxes, and turnover
taxes belong jointly to the Federation and the States (joint taxes) to the
extent that the revenue from the income tax and turnover tax is not
allocated to the communes pursuant to Paragraphs (5) and (5a)
respectively. The Federation and the States equally share the revenues
from income taxes and corporation taxes. The respective shares of the
Federation and the States in the revenue from the turnover tax are
determined by a federal statute requiring the consent of the Senate. Such
determination is based on the following principles:
1. The Federation
and the States have an equal claim to coverage from current revenues of
their respective necessary expenditures. The extent of such expenditures
is determined giving due consideration to financial planning for several
years ahead.
2. The coverage requirements of the Federation and of the
States are coordinated in such a way that a fair balance is struck, any
overburdening of taxpayers precluded, and uniformity of living conditions
in the federal territory ensured.
In addition, for the apportionment of
the value added tax to Federation and States it will be taken into account
that after 1 Jan 1996 the States' income tax revenues will be reduced due
to child benefits. Details are regulated by a federal statute according to
Sentence 3.
(4) The respective shares of the Federation and the States
to the revenue from the turnover tax are newly apportioned whenever the
relation of revenues to expenditures in the Federation develops
substantially differently from that of the States; this does not apply to
reduced tax revenues which are included into the calculation of the
apportionment of value added tax according to Paragraph (3) Sentence 5.
Where federal legislation imposes additional expenditures on or withdraws
revenue from the States, the additional burden may be compensated for by
allocation of federal grants under a federal statute requiring the consent
of the Senate, provided such additional burden is limited to a short
period of time. Such statute lays down the principles for calculating such
grants and distributing them among the States.
(5) A share of the
revenue from the income tax belongs to the communes, to be passed on by
the States to their communes on the basis of income taxes paid by the
inhabitants of the latter. Details are regulated by a federal statute
requiring the consent of the Senate. Such statute may provide that
communes assess the rate which is applicable to this communal
share.
(5a) From 1 Jan 1998, a share of the revenue from the turnover
tax belongs to the communes. This share is to be passed on by the States
to their communes on the basis of an index about locality and economic
power. Details are regulated by a federal statute requiring the consent of
the Senate.
(6) Revenue from taxes on real estate and on local industry
and trade belongs to the communes; revenue from local excise taxes belongs
to the communes or, as may be provided for by State legislation, to
associations of communes. Communes are authorized to assess, within the
framework of the relevant statutes, the rates at which the taxes on real
estate and on local industry and trade are levied locally. Where there are
no communes in a State, revenue from taxes on real estate and on local
industry and trade as well as from local excise taxes belongs to the
State. The Federation and the States may participate, by virtue of an
apportionment, in the revenue from the tax on local industry and trade.
Details regarding such apportionment are regulated by a federal statute
requiring the consent of the Senate. In accordance with State legislation,
taxes on real estate and on local industry and trade as well as the
communes' share of revenue from the income tax may be taken as a basis for
calculating the amount of apportionment.
(7) An overall percentage, to
be determined by State legislation, of the State share of total revenue
from joint taxes belongs to the communes or associations of communes. In
all other respects State legislation determines whether and to what extent
revenue from State taxes belong to communes or associations of
communes.
(8) Where in individual States or communes or associations of
communes the Federation causes special facilities to be provided which
directly result in an increase of expenditure or a loss of revenue
(special burden) to these States or communes or associations of communes,
the Federation grants the necessary compensation where and insofar as such
States or communes or associations of communes cannot reasonably be
expected to bear such special burden. In granting such compensation, due
account is being taken of third-party indemnities and financial benefits
accruing to the States or communes or associations of communes concerned
as a result of provision for such facilities.
(9) For the purpose of
this Article, revenues and expenditures of communes or associations of
communes are deemed to be State revenues and expenditures.
Starting 1 Jan.,
1996, the States can claim a sum out of federal tax revenues for public
local transport of persons. Details are regulated by federal statute
requiring the consent of the Senate. The sum mentioned in the first
sentence is not included in the calculation of financial strength
according to Article
(1)
Revenue from State taxes and the State share of revenue from income and
corporation taxes belongs to the individual States to the extent that such
taxes are collected by revenue authorities within their respective
territories (local revenue). A federal statute requiring the consent of
the Senate may provide in detail for the delimitation as well as the
manner and scope of allotment of local revenue from corporation and wage
taxes. Such statute may also provide for the delimitation and allotment of
local revenue from other taxes. The State share of revenue from the
turnover tax belongs to the individual States on a per capita basis; a
federal statute requiring the consent of the Senate may provide for
supplementary shares not exceeding one quarter of a State share to be
granted to States whose per capita revenue from State taxes and from the
income and corporation taxes is below the average of all the States
combined.
(2) It has to be ensured by statute, that a reasonable
equalization between financially strong and financially weak States is
achieved; due consideration being given to financial capacity and
financial requirements of communes or associations of communes. Such
statute has to specify the conditions governing equalization claims of
States entitled to equalization payments and equalization liabilities of
States owing equalization payments as well as the criteria for determining
the amounts of equalization payments. Such statute may also provide for
grants to be made by the Federation from federal funds to financially weak
States in order to complement the coverage of their general financial
requirements (supplementary grants).
(1)
Customs duties, fiscal monopolies, excise taxes subject to federal
legislation, including the import turnover tax, and charges imposed within
the framework of the European Communities are administered by federal
revenue authorities. The organization of these authorities is regulated by
federal statute. The heads of authorities at the intermediate level are
appointed in consultation with the respective State governments.
(2)
All other taxes are administered by State revenue authorities. The
organization of these authorities and the uniform training of their civil
servants may be regulated by a federal statute requiring the consent of
the Senate. The heads of authorities at the intermediate level are
appointed in agreement with the Government.
(3) To the extent that
taxes accruing wholly or in part to the Federation are administered by
State revenue authorities, those authorities act as agents of the
Federation. Article
(4) In respect of the administration of taxes, a federal
statute requiring the consent of the Senate may provide for collaboration
between federal and State revenue authorities. or in the case of taxes
under Paragraph (1) for their administration by State revenue authorities,
or in the case of other taxes for their administration by federal revenue
authorities. where and to the extent that the execution of revenue
statutes is substantially improved or facilitated thereby. As regards
taxes the revenue from which accrues exclusively to communes or
associations of communes, their administration may wholly or in part be
transferred by the States from the appropriate State revenue authorities
to communes or associations of communes.
(5) The procedure to be
applied by federal revenue authorities is laid down by federal
legislation. The procedure to be applied by State revenue authorities or,
as envisaged in Paragraph (4) 2, by communes or associations of communes
may be laid down by a federal statute requiring the consent of the
Senate.
(6) The jurisdiction of revenue courts is uniformly regulated
by federal legislation.
(7) The Government may issue appropriate
general administrative rules which, to the extent that administration is
entrusted to State revenue authorities or communes or associations of
communes, require the consent of the Senate.
(1) The Federation and the States are autonomous
and independent of each other in their budget management.
(2) The
Federation and the States give due regard in their budget management to
the requirements of overall economic equilibrium.
(3) Through federal
legislation requiring the consent of the Senate principles applicable to
both the Federation and the States may be established governing budgetary
law, responsiveness of budget management to economic trends, and financial
planning to cover several years ahead.
(4) With a view to averting
disturbances of the overall economic equilibrium, federal legislation
requiring the consent of the Senate may be enacted providing for:
1.
maximum amounts, terms and timing of loans to be raised by territorial
entities or special purpose associations, and
2. an obligation on the
part of the Federation and the States to maintain interest-free deposits
at the Bundesbank (reserves for counterbalancing economic
trends).
Authorizations to issue the relevant ordinances may be
conferred on the Government only. Such ordinances require the consent of
the Senate. They have to be repealed insofar as the House of
Representatives so demands; details are regulated by federal legislation.
(1) All revenues and expenditures of the Federation
are included in the budget; in respect of federal enterprises and special
assets, only allocations thereto or remittances therefrom need be
included. The budget has to be balanced as regards revenue and
expenditure.
(2) The budget is laid down in a statute covering one year
or several fiscal years separately before the beginning of the first of
those fiscal years. Provision may be made for parts of the budget to apply
to periods of different duration, but divided into fiscal years.
(3)
Bills within the meaning of Paragraph (2) 1 as well as bills to amend the
budget statute and the budget are submitted simultaneously to the Senate
and to the House of Representatives; the Senate is entitled to state its
position on such bills within six weeks or. in the case of amending bills,
within three weeks.
(4) The budget statute may contain only such
provisions as apply to revenues and expenditures of the Federation and to
the period for which the budget statute is being enacted. The budget
statute may stipulate that these provisions cease to apply only upon the
promulgation of the next budget statute or, in the event of an
authorization pursuant to Article
(1)
Where, by the end of a fiscal year, the budget for the following year has
not been laid down by statute, the Government may, until such statute
comes into force, make all payments which are necessary:
(a) to
maintain statutory institutions and to carry out measures authorized by
statute;
(b) to meet the Federation's legal obligations;
(c) to
continue building projects, procurements, and other services, or to
continue to grant subsidies for these purposes, provided that amounts have
already been appropriated in the budget of a previous year.
(2) To the
extent that revenues provided by specific legislation and derived from
taxes or duties or any other sources, or the working capital reserves, do
not cover the expenditures referred to in Paragraph (1), the Government
may borrow the funds necessary for the conduct of current operations up to
a maximum of one quarter of the total amount of the previous budget.
Expenditures in excess of budgetary appropriations
and extra budgetary expenditures require the consent or the Minister or
Finance. Such consent may be given only in the case of an unforeseen and
compelling necessity. Details may be regulated by federal legislation.
(1) Statutes increasing the budget expenditures
proposed by the Government or involving or likely in future to cause new
expenditures requires the consent of the Government. This also applies to
statutes involving or likely in future to cause decreases in revenue. The
Government may demand that the House of Representatives postpone its vote
on such bills. In this case the Government states its position to the
House of Representatives within six weeks.
(2) Within four weeks after
the House of Representatives has adopted such a bill, the Government may
demand that it votes on that bill again.
(3) Where the bill has become
a statute pursuant to Article
(1) The Minister of Finance on behalf of the
Government has to submit annually to the House of Representatives and to
the Senate for their approval an account, covering the preceding fiscal
year, of all revenues and expenditures as well as of property and
debt.
(2) The Federal Audit Office, the members of which enjoy judicial
independence, audits the account and examines the management of the budget
and the conduct of business as to economy and correctness. The Federal
Audit Office submits an annual report directly to the Government as well
as to the House of Representatives and to the Senate. In all other
respects the powers of the Federal Audit Office are regulated by federal
legislation.
(1) The
borrowing of funds and the assumption of pledges, guarantees or other
commitments, as a result of which expenditure may be incurred in future
fiscal years, requires federal legislative authorization indicating, or
permitting computation of, the maximum amounts involved. Revenue obtained
by borrowing may not exceed the total of expenditures for investments
provided for in the budget; exceptions are permissible only to avert a
disturbance of the overall economic equilibrium. Details are regulated by
federal legislation.
(2) In respect of special assets of the
Federation, exceptions to the provisions of Paragraph (1) may be
authorized by federal legislation.
(1) The determination that federal territory is being
attacked by armed force or that such an attack is directly imminent (state
of defence) are made by the House of Representatives with the consent of
the Senate.
(2)
Where the situation imperatively calls for immediate action and where
insurmountable obstacles prevent the timely assembly of the House of
Representatives, or where there is no quorum in the House of
Representatives, the Joint Committee makes this determination with a
two-thirds majority of the votes cast, which includes at least the
majority of its members.
(3) The determination is promulgated in the
Federal Law Gazette by the President pursuant to Article
(4) Where the federal territory is being
attacked by armed force and where the competent bodies of the Federation
are not in a position at once to make the determination provided for in
Paragraph (1) 1, such determination is deemed to have been made and
promulgated at the time the attack began. The President announces such
time as soon as circumstances permit.
(5) Where the determination of
the existence of a state of defence has been promulgated and where the
federal territory is being attacked by armed force, the President may,
with the consent of the House of Representatives, issue declarations under
international law regarding the existence of such state of defence. Where
the conditions mentioned in Paragraph (2) apply, the Joint Committee acts
in substitution for the House of Representatives.
Upon the promulgation of a state of defence, the
power of command over the Armed Forces passes to the Chancellor.
(1) The Federation has the right to legislate
concurrently in respect of a state of defence even on matters within the
legislative powers of the States. Such statutes require the consent of the
Senate.
(2) Federal legislation to be applicable upon the occurrence of
a state of defence to the extent required by conditions obtaining while
such state of defence exists may make:
1. preliminary provision for
compensation to be made in the event of property being taken, in
derogation of Article
2. provision for a time-limit other than that referred to in
Article
(3) Federal
legislation to be applicable upon the occurrence of a state of defence to
the extent required for averting an existing or directly imminent attack
may, subject to the consent of the Senate, regulate the administration and
the financial system of the Federation and the States in derogation of
Sections VIII, VIIIa and X, provided that the viability of the States,
communes and associations of communes is safeguarded, particularly in
financial matters.
(4) Federal statutes enacted pursuant to Paragraph
(1) or subparagraph 1 of Paragraph (2) may, for the purpose of preparing
for their enforcement, be applied even prior to the occurrence of a state
of defence.
(1) While a state of defence exists, the
provisions of Paragraphs (2) and (3) apply in respect of federal
legislation, in derogation of the provisions of Articles
(2) Bills submitted as urgent by the Government are forwarded
to the Senate at the same time as they are submitted to the House of
Representatives. The House of Representatives and the Senate debate such
bills together without delay. Insofar as the consent of the Senate is
necessary, the majority of its votes is required for any such bill to
become a statute. Details are regulated by rules of procedure adopted by
the House of Representatives and requiring the consent of the
Senate.
(3) Article
(1) Where, in a state of defence, the Joint
Committee determines with a two-thirds majority of the votes cast, which
includes at least the majority of its members, that insurmountable
obstacles prevent the timely assembly of the House of Representatives or
that there is no quorum in the House of Representatives, the Joint
Committee has the status of both the House of Representatives and the
Senate and exercises their rights as one body.
(2) The Joint Committee
may not enact any statute to amend this Constitution or to deprive it of
effect or application either in whole or in part. The Joint Committee is
not authorized to enact statutes pursuant to Articles
(1)
In a state of defence, the Government may, to the extent necessitated by
circumstances:
1. use the Federal Border Guard throughout the federal
territory;
2. issue instructions not only to federal administrative
authorities but also to State governments and, where it deems the matter
urgent, to State authorities, and may delegate this power to members of
State governments to be designated by it.
(2) The House of
Representatives, the Senate and the Joint Committee is informed without
delay of the measures taken in accordance with Paragraph (1).
Court]
The constitutional status and the
performance of the constitutional functions of the Federal Constitutional
Court and its judges may not be impaired. The Federal Constitutional Court
Act may not be amended by a statute enacted by the Joint Committee except
insofar as such amendment is required, also in the opinion of the Federal
Constitutional Court, to maintain the capability of the Court to function.
Pending the enactment of such a statute, the Federal Constitutional Court
may take such measures as are necessary to maintain the capability of the
Court to carry out its work. Any decisions by the Federal Constitutional
Court in pursuance of the second and third sentence of this Article
requires a two-thirds majority of the judges present.
(1) Any legislative terms of the House of
Representatives or of State parliaments due to end while a state of
defence exists end six months after the termination of such state of
defence. A term of office of the President due to expire while a state of
defence exists, and the exercise of his functions by the President of the
Senate in case of the premature vacancy of the President's office, ends
nine months after the termination of such state of defence. The term of
office of a member of the Federal Constitutional Court due to expire while
a state of defence exists ends six months after the termination of such
state of defence.
(2) Should the necessity arise for the Joint
Committee to elect a new Chancellor, the Committee does so with the
majority of its members; the President proposes a candidate to the Joint
Committee. The Joint Committee can express its lack of confidence in the
Chancellor only by electing a successor with a two-thirds majority of its
members.
(3) The dissolution of the House of Representatives is
impossible during a state of defence.
(1) Where the competent federal bodies are
incapable of taking the measures necessary to avert the danger, and where
the situation imperatively calls for immediate independent action in
individual parts of the federal territory, the State governments or the
authorities or commissioners designated by them are authorized to take,
within their respective spheres of competence, the measures provided for
in Article
(2) Any measures taken in accordance with Paragraph (1) of the
present Article may be revoked at any time by the Government, or, in
relation to State authorities and subordinate federal authorities, by
State minister-presidents.
(1) Statutes enacted in accordance with
Articles
(2)
Statutes adopted by the Joint Committee, as well as ordinances issued by
virtue of such statutes, cease to have effect not later than six months
after the termination of a state of defence.
(3) Statutes containing
provisions that diverge from Articles
(1) The House of Representatives, with the consent of
the Senate, may at any time repeal statutes enacted by the Joint
Committee. The Senate may demand that the House of Representatives make a
decision on such matter. Any measures taken by the Joint Committee or the
Government to avert a danger has to be revoked where the House of
Representatives and the Senate so decide.
(2) The House of
Representatives, with the consent of the Senate, may at any time declare a
state of defence terminated by a decision to be promulgated by the
President. The Senate may demand that the House of Representatives make a
decision on such matter. The state of defence has to be declared
terminated without delay where the prerequisites for its declaration no
longer exist.
(3) The conclusion of peace is subject to federal statute.
citizenship]
(1) Unless otherwise provided by statute, a
German within the meaning of this Constitution is a person who possesses
German citizenship or who has been admitted to the territory of the German
Reich within the frontiers of 31 December 1937 as a refugee or expellee of
German ethnic origin or as the spouse or descendant of such a
person.
(2) Former German citizens who, between 30 January 1933 and 8
May 1945, were deprived of their citizenship on political, racial or
religious grounds, and their descendants, are re-
granted German
citizenship on application. They are considered as not having been
deprived of their German citizenship where they have established their
residence in Germany after 8 May 1945 and have not expressed a contrary
intention.
(1) Law which is inconsistent with Article
(2) Statutes which restrict the right of
freedom of movement in view of the present housing shortage remain in
force until repealed by federal legislation.
Wuerttemberg-Hohenzollern]
A new delimination of the
territory comprising the States of Baden, Wuerttemberg-Baden and
Wuerttemberg-Hohenzollern may be effected, in derogation of the provisions
of Article
The
new delimitation of boundaries between Berlin and Brandenburg can,
differing from the provisions of Article
In matters relating to refugees and expellees, in
particular as regards their distribution among the States, the Government
may, with the consent of the Senate, issue ordinances having statutory
effect, pending the settlement of the matter by federal legislation. The
Government may in this matter be authorized to issue individual
instructions for particular cases. Except where there is danger resulting
in any delay in taking action, such instructions are addressed to the
highest State authorities.
war]
(1) The Federation meets the expenditure for
occupation costs and the other internal and external burdens caused by the
war, as regulated in detail by federal legislation. To the extent that
these costs and other burdens have been regulated by federal legislation
on or before 1 Oct., 1969, the Federation and the States meet such
expenditure between them in accordance with such federal legislation.
Insofar as expenditures for such of these costs and burdens as neither
have been nor will be regulated by federal legislation have been met on or
before I October 1965 by States, communes, associations of communes or
other entities performing functions of the States or the communes, the
Federation is not obliged to meet expenditure of that nature even where it
arises after that date. The Federation pays the subsidies towards the
burdens of social insurance institutions, including unemployment insurance
and public assistance to the unemployed. The distribution between the
Federation and the States of costs and other burdens caused by the war, as
regulated in this paragraph, shall not affect any statutory regulation of
claims for indemnification in respect of the consequences of the
war.
(2) Revenues pass to the Federation at the same time as the latter
assumes responsibility for the expenditure referred to in this Article.
legislation]
(1) Statutes serving to implement the
equalization of burdens may, with the consent of the Senate, stipulate
that they are executed, as regards equalization benefits, partly by the
Federation and partly by the States acting as agents of the Federation,
and that the relevant powers vested in the Government and the competent
highest federal authorities by virtue of Article
(2) The provisions of Article
Within the meaning of this Constitution, a majority
of the members of the House of Representatives and a majority of the
members of the Federal Convention are the majority of the respective
statutory number of their members.
(1) From the date of the assembly of the House of
Representatives, statutes are enacted exclusively by the legislative
bodies recognized in this Constitution.
(2) Legislative bodies as well
as those bodies participating in legislation in an advisory capacity,
whose competence ends by virtue of Paragraph (1), are dissolved with
effect from that date.
treaties]
(1) Law in force before the first
assembly of the House of Representatives remains in force insofar as it
does not conflict with this Constitution.
(2) Subject to all rights and
objections of the interested parties, the treaties concluded by the German
Reich concerning matters which, under this Constitution, are within the
legislative competence of the States, remain in force, provided they are
and continue to be valid in accordance with general principles of law,
until new treaties are concluded by the agencies competent under this
Constitution, or until they are in any other way terminated pursuant to
their provisions.
Law affecting matters subject to the exclusive
legislative power of the Federation becomes federal law in the area in
which it applies.
Law
affecting matters subject to the concurrent legislative power of the
Federation becomes federal law in the area in which it applies:
1.
insofar as it applies uniformly within one or more zones of
occupation;
2. insofar as it is law by which former Reich law has been
amended after 8 May 1945.
(1) Law adopted as federal law which, because of changes
in Article
(2) Law adopted on the basis of Article
law]
Differences of opinion regarding the
applicability of law as federal law are settled by the Federal
Constitutional Court.
Administration]
Within one year of the promulgation of this
Constitution the Government may, with the consent of the governments of
the States concerned. extend to the States of Baden, Greater Berlin,
Rhineland-Palatinate and Wuerttemberg-Hohenzollern any legislation of the
Bi-zonal Economic Administration, insofar as it continues to be in force
as federal law under Article
Insofar as law continuing in force provides for
powers to give instructions within the meaning of Article
(1) Insofar as legal provisions which continue
in force as federal law contain authorizations to issue ordinances or to
issue general administrative rules or to perform administrative acts, such
authorizations pass to the agencies henceforth competent in the matter. In
cases of doubt, the Government decides in agreement with the Senate; such
decisions are published.
(2) Insofar as legal provisions which continue
in force as State law contain such authorizations, they are exercised by
the agencies competent under State law.
(3) Insofar as legal provisions
within the meaning of Paragraphs (1) and (2) authorize their amendment or
supplementation or the issue of legal instead of statutory provisions,
such authorizations are deemed to have expired.
(4) The provisions of
Paragraphs (1) and (2) apply mutatis mutandis where legal
provisions refer to regulations no longer valid or to institutions no
longer in existence.
(1) Administrative agencies and other
institutions which serve the public administration or the administration
of justice and are not based on State law or treaties between States, as
well as the Administrative Union of South West German Railroads and the
Administrative Council for the Postal Services and Telecommunications of
the French Zone of Occupation, are placed under the control of the
Government. The Government provides, with the consent of the Senate, for
their transfer, dissolution, or liquidation.
(2) The highest
disciplinary superior of the personnel of these administrative bodies and
institutions is the appropriate Minister.
(3) Corporate bodies and
institutions under public law not directly subordinate to a State nor
based on treaties between States are under the supervision of the
competent highest federal authority.
Federal legislation is passed to regulate the legal
position of persons, including refugees and expellees, who, on 8 May,
1945, were employed in the public service, have left the service for
reasons other than those arising from civil service regulations or
collective agreement rules, and have not until now been reinstated or are
employed in a position not corresponding to their former one. The same
applies mutatis mutandis to persons, including refugees and
expellees, who, on 8 May, 1945, were entitled to a pension and who no
longer receive any such pension or any commensurate pension for reasons
other than those arising from civil service regulations or collective
agreement rules. Until the pertinent federal statute comes into force, no
legal claims can be made, unless otherwise provided by State legislation.
(1) Civil servants and judges who, when this
Constitution comes into force are appointed for life, may, within six
months after the first assembly of the House of Representatives, be
retired or temporarily retired or be given a different office with lower
remuneration where they lack the personal or professional aptitude for
their present office. This provision applies mutatis mutandis also
to salaried public employees, other than civil servants or judges, whose
service cannot be terminated by notice. Where, however, such service can
be terminated by notice, periods of notice in excess of the periods fixed
by collective agreement rules may be cancelled within the six months
referred to above.
(2) The preceding provision does not apply to
members of the public service who are not affected by the provisions
regarding the "Liberation from National Socialism and Militarism" or who
are recognized victims of National Socialism, except on important grounds
relating to themselves as individuals.
(3) Those affected may have
recourse to the courts in accordance with Article
(4) Details are specified by an ordinance of the Government
requiring the consent of the Senate.
The Federation succeeds to the rights and
obligations of the Bi-
zonal Economic Administration.
(1) Reich property on principle becomes federal
property.
(2) Insofar as such property was originally intended to be
used predominantly for administrative tasks which, under this
Constitution, are not administrative tasks of the Federation, it is
transferred without compensation to the agencies now charged with such
tasks, and to the States insofar as it is being used at present, and not
merely temporarily, for administrative tasks which under this Constitution
are now within the administrative competence of the States. The Federation
may also transfer other property to the States.
(3) Property which was
placed at the disposal of the Reich by States or communes or associations
of communes without compensation again becomes the property of such States
or communes or associations of communes, insofar as it is not required by
the Federation for its own administrative tasks.
(4) Details are
regulated by a federal statute requiring the consent of the Senate.
bodies]
(1) Where after 8 May 1945 and before the
coming into force of this Constitution an area has passed from one State
to another, the State to which the area now belongs is entitled to the
property located therein of the State to which it belonged.
(2)
Property of States or corporate bodies or institutions under public law
which no longer exist passes, insofar as it was originally intended to be
used predominantly for administrative tasks or is being used at present,
and not merely temporarily, predominantly for administrative tasks, to the
State or the corporate body or institution under public law which now
discharges these tasks.
(3) Real estate of States which no longer
exist, including appurtenances, passes to the State within which it is
located, insofar as it is not included among property within the meaning
of Paragraph (1).
(4) Where an overriding interest of the Federation or
the particular interest of an area so requires, a settlement other than in
Paragraphs (1) to (3) may be effected by federal legislation.
(5) In
all other respects, the succession in title and the settlement of the
property, insofar as it has not been effected before l January 1952 by
agreement between the States or corporate bodies or institutions under
public law concerned, is regulated by federal legislation requiring the
consent of the Senate.
(6) Interests of the former State of Prussia in
enterprises under private law passes to the Federation. A federal statute,
which may also diverge from this provision, regulates the details.
(7)
Insofar as property which on the coming into force of this Constitution
would devolve upon a State or a corporate body or institution under public
law pursuant to Paragraphs (1) to (3) has been disposed of through or by
virtue of a State law or in any other manner by the party thus entitled,
the transfer of the property is deemed to have taken place before such
disposition.
(1) The
legislation reserved to the Federation in Article
1. Liabilities of the Reich or liabilities of the
former State of Prussia or liabilities of such corporate bodies and
institutions under public law as no longer exist;
2. such liabilities
of the Federation or corporate bodies and institutions under public law as
are connected with the transfer of properties pursuant to Articles
3. such liabilities of States or
communes or associations of communes as have arisen from measures taken by
these legal entities before 1 August 1945 within the framework of
administrative functions incumbent upon or delegated by the Reich to
comply with regulations of occupying powers or to put an end to a state of
emergency due to the war.
(2) Paragraph (1) above applies mutatis
mutandis to liabilities of the German Democratic Republic or its legal
entities as well as to liabilities of the Federation or other corporate
bodies and institutions under public law which are connected with the
transfer of properties of the German Democratic Republic to the
Federation, States and communes, and to liabilities arising from measures
taken by the German Democratic Republic or its legal entities.
(1) The Senate assembles for the first time on the day
of the first assembly of the House of Representatives.
(2) Until the
election of the first President, his powers are exercised by the President
of the Senate. He does not have the right to dissolve the House of
Representatives.
(1) The right of civil servants, of other salaried
public employees, of professional soldiers, of temporary volunteer
soldiers or of judges to stand for election in the Federation, in the
States or in the communes may be restricted by legislation.
(2) The
electoral statute to be adopted by the Parliamentary Council applies to
the election of the first House of Representatives, of the first Federal
Convention and of the first President of the Federal Republic.
(3) The
function of the Federal Constitutional Court pursuant to Article
Changes in notarial institutions as presently
existing in the States of Baden, Bavaria, Wuerttemberg-Baden and
Wuerttemberg-Hohenzollern require the consent of the governments of these
States.
The legislation enacted for the "Liberation of the
German People from National Socialism and Militarism" is not affected by
the provisions of this Constitution.
The
provisions of Articles
Article
Notwithstanding the provision of Article
(1)
Law in the territory specified in Article 3 of the Unification Treaty may
deviate from provisions of this Constitution for a period not extending
beyond 31 December 1992 in so far as and as long as no complete adjustment
to the order of the Constitution can be achieved as a consequence of the
different conditions. Deviations must not violate Article
(2) Deviations from sections II, VIII, VIIIa, IX, X and XI are
permissible for a period not extending beyond 31 December 1995.
(3)
Notwithstanding Paragraphs (1) & (2) above, Article 41 of the
Unification Treaty and the rules for its implementation remain valid in so
far as they provide for the irreversibility of intrusion on property in
the territory specified in Article 3 of the said Treaty.
(1) The Federation has exclusive legislation in
all matters arising from the transformation of railroads of the Federation
from direct federal administration to businesses. Article
(2) Statutes according
to Paragraph (2) are administered by the Federation.
(3) The discharge
of all duties in the area of local railway transport of persons by former
railroads of the Federation is a responsibility of the Federation until 31
Dec., 1995. This provision applies mutatis mutandis for tasks of
railway traffic administration. Details are regulated by federal statute
requiring the consent of the Senate.
(1) The special property Deutsche Bundespost will
be transformed into private law businesses according to a federal statute.
The Federation has exclusive legislation over all related matters.
(2)
Exclusive rights of the Federation prior to the transformation can be
delegated preliminarily to businesses originating in the Deutsche
Bundespost POSTDIENST and Deutsche Bundespost TELEKOM. The Federation may
sell the majority of shares in the business originating in the Deutsche
Bundespost POSTDIENST no earlier than five years after enacting the
statute. For this measure, a federal statute with consent of the Senate is
required.
(3) Federal officers of the Deutsche Bundespost are being
employed by the businesses preserving their legal position and the
responsibility of their former employer. These businesses exercise the
rights of the former employer. Details are regulated by federal statute.
(1) This Constitution requires ratification by
the parliaments of two thirds of the German States in which it is for the
time being to apply.
(2) Insofar as the applications of this
Constitution is subject to restrictions in any State listed in Article
(1) The Parliamentary Council confirms in public
session, with the participation of the deputies of Greater Berlin, the
fact of ratification of this Constitution and signs and promulgates
it.
(2) This Constitution comes into force at the end of the day of
promulgation.
(3) It is published in the Federal Law Gazette.
This Constitution, which is valid for the entire
German people following the achievement of the unity and freedom of
Germany, ceases to be in force on the day on which a constitution adopted
by a free decision of the German people comes into force.