DP Tool Club 8/CDASC08.ISO/VRAC/HISTDOCS.ZIP/GERMANY.CON

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Following provided courtesy of General Electric's Germany & Europe
RoundTable.  We provide all types of information and discussion
on Germany and Europe. For information contact the G&E RT sysop,
Tony Kendall at: [e-mail]
You are free to copy and distribute this text, credit would be
appreciated.  Hard copy provided by Press and Information Office
of the Federal Republic of Germany (English translation revised by
the Federal Ministers of the Interior, Justice and Finance, July 1991.
****************************************************************************

                 BASIC LAW for the Federal Republic of Germany
          (Promulgated by the Parliamentary Council on 23 May 1949)

         (as Amended by the Unification Treaty of 31 August 1990 and
                    Federal Statute of 23 September 1990)

----------

The following is a letter from President Richard von Weizsaecker concerning
the Basic Law for the Federal Republic of Germany.  It is not part of the
Basic Law but is interesting reading:

Foreword by the Federal President

For more than forty years, the Basic Law has determined the development of the
polity of the Federal Republic of Germany. In its area of application, it has
bestowed on the citizens a life in liberty, democratic self-determination and
personal responsibility, protected by law and justice.

This political order is the freest the Germans have enjoyed in their history
to date. For decades, the division of Germany prevented the entire German
people from living in such freedom.

On October 3,1990, we accomplished the unity and liberty of Germany in free
self-determination. Thus all Germans now live under a constitution which
protects the dignity and basic rights of man, regulates public life and
facilitates peaceful change. No constitution, of course, can endow us with the
ability to achieve such things. We ourselves must give life to it. We are the
ones who must recognize and address new challenges, not least when it comes to
forging human links between east and west in a united land.

For the first time in centuries, we Germans are no longer a source of strife
on the agenda of Europe. Our unification was not forced on Europe; rather, it
was achieved in peaceful agreement. It is part of a common historical
development, one which assures nations their liberty and which can overcome
the division of our continent. We Germans in particular want to contribute
resolutely to this process and have a special obligation to do so. Our unity
is dedicated to it. In doing so, we fulfill the mandate of our constitution
together.

Richard von Weizsacker
----------


                 BASIC LAW for the Federal Republic of Germany
          (Promulgated by the Parliamentary Council on 23 May 1949)

         (as Amended by the Unification Treaty of 31 August 1990 and
                    Federal Statute of 23 September 1990)



PREAMBLE (amended by Unification Treaty, 31 August 1990 and federal
statute of 23 September 1990, Federal Law Gazette II p. 885).

     Conscious of their responsibility before God and Men,
Animated by the resolve to serve world peace as an equal partner in a united
Europe, the German people have adopted, by virtue of their constituent power,
this Basic Law.

The Germans in the Laender of Baden-Wuerttemberg, Bavaria, Berlin,
Brandenburg, Bremen, Hamburg, Hesse, Lower Saxony, Mecklenburg-Western
Pomerania, North-Rhine-Weststphalia, Rhineland-Paltinate, Saarland, Saxony,
Saxony-Anhalt, Schleswig-Holstein, and Thuringia have achieved the unity and
freedom of Germany in free self-determination.  This Basic Law is thus valid
for the entire German People.


1. BASIC RIGHTS

Article 1 (Protection of human dignity). (1) The dignity of man inviolable. To
respect and protect it is the duty of all state authority.
(2) The German people therefore acknowledge inviolable and inalienable human
rights as the basis of every community, of peace and of justice in the world.
(3) The following basic rights bind the legislature, the executive and the
judiciary as directly enforceable law.

Article 2 (Rights of liberty).
(1) Everyone has the right to the free development of his personality insofar
as he does not violate the rights of others or offend against the
constitutional order or the moral code.
(2) Everyone has the right to life and to inviolability of his person. The
freedom of the individual is inviolable. These rights may only be encroached
upon pursuant to a law.

Article 3 (Equality before the law).
(1) All persons are equal before the law.
(2) Men and women have equal rights.
(3) No one may be prejudiced or favored because of his sex, his parentage, his
race, his language, his homeland and origin, his faith or his religious or
political opinions.

Article 4 (Freedom of faith, of conscience and of creed).
(1) Freedom of faith and of conscience, and freedom of creed religious or
ideological, are inviolable.
(2) The undisturbed practice of religion is guaranteed.
(3) No one may be compelled against his conscience to render war service as an
armed combatant. Details will be regulated by a Federal law.

Article 5 (Freedom of expression).
(1) Everyone has the right freely to express and to disseminate his opinion by
speech, writing and pictures and freely to inform himself from generally
accessible sources. Freedom of the press and freedom of reporting by radio and
motion pictures are guaranteed. There shall be no censorship.
(2) These rights are limited by the provisions of the general laws, the
provisions of law for the protection of youth and by the right to
inviolability of personal honor.
(3) Art and science, research and teaching are free. Freedom of teaching does
not absolve from loyalty to the constitution.

Article 5 (Freedom of expression).
(1) Marriage and family enjoy the special protection of the state.
(2) Care and upbringing of children are the natural right of the parents and a
duty primarily incumbent on them. The state watches over the performance of
this duty.
(3) Separation of children from the family against the will of the persons
entitled to bring them up may take place only pursuant to a law, if those so
entitled fail in their duty or if the children are otherwise threatened
with neglect.
(4) Every mother is entitled to the protection and care of the community.
(5) Illegitimate children shall be provided by legislation with the same
opportunities for their physical and spiritual development and their position
in society as are enjoyed by legitimate children.

Article 7 (Education).

(1) The entire education system is under the supervision of the
state.
(2) The persons entitled to bring up a child have the right to decide
whether they shall receive religious instruction.
(3) Religious instruction forms part of the ordinary curriculum in state
and municipal schools, excepting secular schools. Without prejudice to the
state's right of supervision, religious instruction is given in accordance
with the tenets of the religious communities. No teacher may be obliged
against his will to give religious instruction.
(4) The right to establish private schools is guaranteed. Private schools
as a substitute for state or municipal schools, require the approval of the
state and are subject to the laws of the Laender. This approval must be
given if private schools are not inferior to the state or municipal schools
in their educational aims, their facilities and the professional training
of their teaching staff, and if a segregation of the pupils according to
the means of the parents is not promoted. This approval must be withheld if
the economic and legal position of the teaching staff is not sufficiently
assured.
(5) A private elementary school shall be admitted only if the educational
authority finds that it serves a special pedagogic interest or if, on the
application of persons entitled to bring up children, it is to be
established as an interdenominational or denominational or ideological
school and a state or municipal elementary school of this type does not
exist in the community (6) Preparatory schools remain abolished.

Article 8 (Freedom of assembly).

(1) All Germans have the right to assemble peacefully and
unarmed without prior notification or permission.
(2) With regard to open-air meetings this right may be restricted by or
pursuant to a law.

Article 9 (Freedom of association).

(1) All Germans have the right to form associations and
societies.
(2) Associations, the objects or activities of which conflict
with the criminal laws or which are directed against the constitutional
order or the concept of international understanding, are prohibited.
(3) The right to form associations to safeguard and improve working and
economic conditions is guaranteed to everyone and to all trades and
professions. Agreements which restrict or seek to hinder this right are
null and void; measures directed to this end are illegal.

Article 10 (Privacy of letters, posts, and telecommunications).
(amended 24 June 1968)

(1)  Privacy of letters, posts, and telecommunications shall be inviolable.
(2)  Restrictions may only be ordered pursuant to a statute.  Where a
restriction serves to protect the free democratic basic order or the existence
or security of the Federation, the statute may stipulate that the person
affected shall not be informed of such restriction and that recourse to the
courts shall be replaced by a review of the case by bodies and auxiliary
bodies appointed by Parliament.

Article 11 (Freedom of movement).

(1) All Germans enjoy freedom of movement throughout the
Federal territory.
(2) This right may be restricted only by or pursuant to a statute, and only in
cases in which an adequate basis of existence is lacking and special burdens
would arise to the community, or in which the restriction is necessary to
avert an imminent danger to the existence or the free democratic basic order
of the Federation or a Land, to combat the danger of epidemics, to deal with
natural disasters or particularly grave accidents, to protect young people
from neglect or to prevent crime.

Article 12 (Right to choose an occupation, prohibition of forced).
As amended March 19. 1956.

(1) All Germans have the right freely to choose their trade or profession
their place of work and their place of training. The practice of trades and
professions may be regulated by law.
(2) No one may be compelled to perform a particular work except within the
framework of a traditional compulsory public service which applies generally
and equally to all. Anyone who refuses on conscientious grounds to render war
service involving the use of arms may be required to render an alternative
service. The duration of this alternative service shall not exceed the
duration of military service.  Details shall be regulated by a law which shall
not prejudice freedom of conscience and shall provide also for the possibility
of an alternative service having no connection with any unit of the Armed
Forces.
(3) Women shall not be required by law to render service in any unit of the
Armed Forces. On no account shall they be employed in any service involving
the use of arms.
(4) Forced labor may be imposed only in the event that a person is deprived
of his freedom by the sentence of a court.

Article 12a (Liability to military and other service)
(added 24 June 1968)

(1)  Men who have attained the age of 18 years may be required to serve in the
Armed Forces, in the Federal Border Guard, or in a civil defense organization.
(2)  A person who refuses, on grounds of conscience, to render war service
involving the sue of arms may be required to render a substitute service.  The
duration of such substitute service shall not exceed the duration of military
service.  Details shall be regulated by a statute which shall not interfere
with freedom to take a decision based on conscience and shall also provide for
the possibility of a substitute service not connected with units of the Armed
Forces or of the Federal Border Guard.
(3) Persons liable to military service who are not required to render service
pursuant to paragraph (1) or (2) of this Article may, during a state of
defense (Verteidigungsfall), be assigned by or pursuant to a statute to an
employment involving civilian services for defense purposes, including the
protection of the civilian population; it shall, however, not be permissible
to assign persons to an employment subject to public law except for the
purpose of discharging police functions or such other functions of public
administration as can only be discharged by persons employed under public law.
Persons may be assigned to an employment -as referred to in the first sentence
of this paragraph- with the Armed forces, including the supplying and
servicing of the latter, or with public administrative authorities; assignments
to employment connected with supplying and servicing the civilian population
shall not be permissible except in order to meet their vital requirements or
to guarantee their safety.
(4) Where, during a state of defense, civilian service requirements in the
civilian health system or in the stationary military hospital organization
cannot be met on a voluntary basis, women between eighteen and fity-five years
of age may be assigned to such services by or pursuant to a statute.  They may
on no account render service involving the use of arms.
(5) Prior to the existence of a state of defense, assignments, under paragraph
3 of this Article may only be made where the requirements of paragraph 1 of
Article 80a are satisfied.  It shall be admissible to require persons by or
pursuant to a statute to attend training courses in order to prepare them for
the performance of such services in accordance with paragraph 3 of this
Article as require special knowledge or skills.  To this extent, the first
sentence of this paragraph shall not apply.
(6) Where, during a state of defense, staffing requirements for the purposes
referred to in the second sentence of paragraph 3 of this Article cannot be
met on a voluntary basis, the right of a German to quit the pursuit of his
occupation or quit his place of work may be restricted by or pursuant to a
statute in order to meet these requirements.  The first sentence of paragraph
5 of this Article shall apply mutatis mutandis prior to the existence of a
state of defense.

Article 13 (Inviolability of the home).

(1) The home is inviolable.
(2) Searches may be ordered only by a judge or, in the event of danger in
delay, by other organs as provided by law and may be carried out only in
the form prescribed by law.
(3) Otherwise, this inviolability may be encroached upon or restricted only
to avert a common danger or a mortal danger to individuals, or, pursuant to
a law, to prevent imminent danger to public security and order, especially
to alleviate the housing shortage, to combat the danger of epidemics or to
protect endangered juveniles.

Article 14 (Property, right of inheritance, taking of property)

(1) Property and the rights of inheritance are guaranteed.
Their content and limits are determined by the laws.
(2) Property imposes duties. Its use should also serve the public weal.
(3) Expropriation is permitted only in the public weal. It may take place
only by or pursuant to law which provides for kind and extent of the
compensation. The compensation shall be determined upon just consideration
of the public interest and of the interests of the persons affected. In
case of dispute regarding the amount of compensation, recourse may be had
to the ordinary courts.

Article 15 (Socialization).

Land, natural resources and means of production may for the
purpose of socialization be transferred into public ownership or other
forms of publicly controlled economy by a law which provides for kind and
extent of the compensation. With respect to such compensation Article 14,
para. 3, sentences 3 and 4, apply mutatis mutandis.

Article 16 (Deprivation of citizenship, extradition, right of asylum).

(1) No one may be deprived of his German citizenship. Loss of
citizenship may arise only pursuant to a law, and against the will of the
person affected it may arise only if such person does not thereby become
stateless.
(2) No German may be extradited to a foreign country. Persons persecuted
for political reasons enjoy the right of asylum

Article 17 (Right of petition).

Everyone has the right individually or jointly with others to address written
requests or complaints to the competent authorities and to the representative
assemblies.

Article 17a (Restriction of individual basic rights through legislation
enacted for defense purposes and concerning substitute service).
As amended March 19 1956.

(1) Laws concerning military services and alternative service may by
provisions applying to members of the Armed Forces and of alternative services
during their period of military or alternative service, restrict the basic
right freely to express and to disseminate opinions by speech, writing, and
pictures (Article 5, paragraph (1) first half-sentence), the basic right of
assembly (Article 9), and the right of petition Article 17) insofar as it
permits to address requests or complaints jointly with others.
(2) Laws for defense purposes, including the protection of the civilian
population may provide for the restriction of the basic rights of freedom
of movement (Article 11) and inviolability of the home (Article 13).

Article 18 (Forfeiture of basic rights).

Whoever abuses freedom of opinion, in particular freedom of the
press (Article 5, paragraph 1) freedom of teaching (Article 5, paragraph
3), freedom of assembly (Article 8), freedom of association (Article 9),
the secrecy of mail posts and telecommunications (Article 10),property
(Article 14), or the right of asylum (Article 16, paragraph 2) in order to
attack the free democratic basic order, forfeits these basic rights. The
forfeiture and its extent are pronounced by the Federal Constitutional
Court.

Article 19 (Restriction of Basic Rights).
(1) Insofar as under this Basic Law a basic right may be restricted by or
pursuant to a law, the law must apply generally and not solely to an
individual case. Furthermore the law must name the basic right, indicating the
Article.
(2) In no case may a basic right be infringed upon in its essential
content.
(3) The basic rights apply also to corporations established under German
Public law to the extent that the nature of such rights permits.
(4) Should any person's right be violated by public authority, recourse to
the court shall be open to him. If no other court has jurisdiction,
recourse shall be to the ordinary courts.

II THE FEDERATION AND THE LAENDER

Article 20 (Basic principles of state order, right to resist).
(1) The Federal Republic of Germany is a democratic and social
Federal state.
(2) All state authority emanates from the people. It is exercised by the
people by means of elections and voting and by separate legislative,
executive and judicial organs.
(3) Legislation is subject to the constitutional order; the executive and
the judiciary are bound by the law.
(4) All Germans shall have the right to resist any person seeking to abolish
this constitutional order, should no other remedy be possible. (inserted 24
June 1968)

Article 21 (Political Parties).
(amended 21 December 1983)

(1) The political parties participate in the forming of the political will of
the people. They may be freely established. Their internal organization shall
conform to democratic principles. They shall publicly account for the sources
of their funds and for their assets.
(2) Parties which, by reason of their aims or the behavior of their adherents,
seek or impair or destroy the free democratic basic order or to endanger the
existence of the Federal Republic of Germany shall be unconstitutional. The
Federal Constitutional Court decides on the question of unconstitutionality.
(3) Details will be regulated by Federal legislation.

Article 22.

The Federal flag is black-red-gold.

Article 23 (Repealed 31 August 1990, Unification Treaty and federal statute of
23 September 1990).

Article 24 (Entry into a collective security system)

(1) The Federation may, by legislation, transfer sovereign powers to
international institutions.
(2) For the maintenance of peace, the Federation may join a system of
mutual collective security; in doing so it will consent to such limitations
upon its sovereign powers as will bring about and secure a peaceful and
lasting order in Europe and among the nations of the world.
(3) For the settlement of disputes between nations, the Federation will
accede to agreements concerning a general, comprehensive and obligatory
system  of international arbitration.

Article 25 (Public international law and federal law)

The general rules of public international law form part of the
Federal law. They take precedence over the laws and directly create rights
and duties for the inhabitants of the Federal territory.

Article 26 (Ban on preparing a war of aggression)

(1) Activities tending and undertaken with the intent to
disturb peaceful relations between nations, especially to prepare for
aggressive war, are unconstitutional. They shall be made a punishable
offense.
(2) Weapons designed for warfare may be manufactured, transported or
marketed only with the permission of the Federal Government.  Details will
be regulated by a Federal Law.

Article 27 (Merchant fleet)

All German merchant vessels form one merchant fleet.

Article 28 (Federal guarantee concerning Laender constitutions, guarantee of
self-government for local authorities)

(1) The constitutional order in the Laender must conform to the principles of
republican, democratic, and social government based on the rule of law, within
the meaning of this Basic Law. In each of the Laender, counties and
communities, the people must be represented by a body chosen in universal,
direct, free, equal and secret elections- In the communities the assembly of
the community may take the place of an elected body.
(2) The communities must be guaranteed the right to regulate on their own
responsibility all the affairs of the local community within the limits set by
law. The associations of communities also have the right of self- government
in accordance with the law within the limits of the functions given them by
law. (3) The Federation guarantees that the constitutional order of the
Laender conforms to the basic rights and to the provisions of paragraphs (1)
and (2).

Article 29 (New delimitation of Laender boundaries)
(Amended 19 August 1969 and 23 August 1976)

(1) A new delimitation of federal territory may be made to ensure that the
Laender by the size and capacity are able effectively to fulfill the functions
incumbent upon them.  Due regard shall be given to regional, historical and
cultural ties, economic expediency, and the requirements of regional policy
and planning.
(2) Measures for a new delimitation of federal territory shall be effected by
federal statutes which shall require confirmation by referendum.  The Laender
thus affected shall be consulted.
(3) A referendum shall be held in the laender from whose territories or
partial territories a new Land or a Land which redefined boundaries is the be
formed (affected Laender).  The referendum shall be held on the question
whether the affected Laender are to remain within their existing boundaries or
whether the new Land or Land with redefined boundaries should be formed.  The
referendum shall be deemed to be in favor of the formation of a new Land or of
a Land with redefined boundaries where approval is given to the change by a
majority in all the territories or partial territories of an affected Land
whose assignment to a Land is to be changed in the same sense.  The referendum
shall be deemed not to be in favor where change; such rejection shall,
however, be of no consequence where in one part of the territory whose
assignment of the affected Land is to be changed a majority of two-thirds
approve of the change, unless in the entire territory of the affected Land a
majority of two-thirds reject the change.
(4) Where in a clearly definable area of interconnected population and
economic settlement, the parts of which lie in several Laender and which has a
population of at least one million, one tenth of those of its population
entitled to vote in Bundestag elections petition by popular initiative for the
assignment of that area to one Land, provision shall be made within two years
in a federal statute determining whether the delimitation of the affected
Laender shall be changed pursuant to paragraph 2 of this Article or
determining that a plebiscite shall be held in the affected Laender.
(5) The plebiscite shall establish whether approval is given to a change of
Laender 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 Laender
delimitation, provision shall be made within two years in a federal statute
determining whether the delimitation of the Laender concerned shall be changed
pursuant to paragraph 2 of this Article.  Where approval is given, in
accordance with the third and fourth sentences of paragraph 3 of this Article,
to a proposal put forward for the plebiscite, a federal statute providing for
the formation of the proposed Land shall be enacted within two years of the
plebiscite and shall no longer require confirmation by referendum.
(6) A majority in a referendum or in a plebiscite shall consist of a majority
of the votes cast, provided that they amount to at least one quarter of the
population entitled to vote in Bundestag elections.  Other detailed provisions
concerning referendums, popular petitions and plebiscites (Volksentscheide,
Volksbefragungen) shall be made in a federal statute; such statute may also
provide that popular petitions may not be repeated within a period of five
years.
(7) Other changes concerning the territory of the Laender may be effected by
state agreements between the Laender concerned or by a federal statute with
the approval of the Bundesrat where the territory which is to be the subject
of a new delimitation does not have more than 10,000 inhabitants.  Detailed
provision shall be made in a federal statute requiring the approval of the
Bundesrat and the majority of the members of the Bundestag.  It shall make
provision for the affected communes and districts to be heard.

Article 30 (Distribution of competence between the Federation and the Laender)

The exercise of governmental powers and the discharge of
governmental functions is incumbent on the Laender insofar as this Basic
Law does not otherwise prescribe or permit.

Article 31. Federal law overrides Land law.

Article 32 (Foreign Relations)

(1) The conduct of relations with foreign states is the concern of the
Federation.
(2) Before the conclusion of a treaty affecting the special interests of a
Land, this Land must be consulted in sufficient time.
(3) Insofar as the Laender have power to legislate, they may, with the
consent of the Federal Government, conclude treaties with foreign states.

Article 33 (Equal political status of all Germans, professional civil service)

(1) Every German has in every Land the same civil rights and duties.
(2) Every German is equally eligible for any public office according to his
aptitude, qualifications and professional achievements.
(3) Enjoyment of civil and civic rights eligibility for public office, and
rights acquired in the public service are independent of religious
denomination. No one may suffer disadvantage by reason of his adherence or
non-adherence to a denomination or ideology.
(4) The exercise of state authority as a permanent function shall as a rule
be entrusted to members of the public service whose status, service and
loyalty are governed by public law.
(5) The law of the public service shall be regulated with due regard to the
traditional principles of the permanent civil service.

Article 34 (Liability in the event of a breach of official duty)

If any person, in the exercise of a public office entrusted to
him, violates his official obligations to a third party, liability rests in
principle on the state or the public authority which employs him. In the
case of willful intent or gross carelessness the right of recourse is
reserved. With respect to the claim for compensation or the right of
recourse, the jurisdiction of the ordinary courts must not be excluded.

Article 35 (Legal and administrative assistance, assistance during disasters)

(1)  All Federal and Land authorities render each other mutual legal and
administrative assistance.
(2)  In order to maintain or to restore public security or order, a Land may,
in cases of particular importance, call upon forces and facilities of the
Federal Border Guard to assist its police where without this assistance the
police could not, or only with considerable difficulty, fulfill a task.  In
order to deal with a natural disaster or as especially grave accident, a Land
may request the assistance of the police forces of other Laender or of forces
and facilities of other administrative authorities or of the Federal Border
Guard or the Armed Forces. (amended 28 July 1972)
(3)  Where the natural disaster or the accident endangers a region larger than
a Land, the Federal Government may, insofar as this is necessary to
effectively deal with such danger, instruct the Land governments to place
their police forces at the disposal of other Laender, and may use units of the
Federal Border Guard or the Armed Forces to support the first sentence of this
paragraph shall be revoked at any time a the demand of the Bundesrat, and
otherwise immediately upon removal of the danger.

Article 36 (Personnel of the federal authorities)
As amended March 19, 1956

(1) Civil servants employed in the highest Federal authorities shall be drawn
from all Laender in appropriate proportion. Persons employed in other Federal
authorities should, as a rule be drawn from the Land in which they serve.
(2) Military laws shall take into account the division of the Federal
Laender and the latter's particular ethnic conditions.

Article 37 (Federal coercion)

(1) If a Land fails to comply with its obligations of a Federal character
imposed by the Basic Law or another Federal law, the Federal Government may,
with the consent of the Bundesrat, take the necessary measures to enforce such
compliance by the Land by way of Federal compulsion.

(2) To carry out such Federal compulsion the Federal Government or its
commissioner has the right to give instructions to all Laender and their
authorities.

THE LOWER HOUSE OF PARLIAMENT (BUNDESTAG)

Article 38 (Elections)

(1) The deputies to the German Bundestag are elected in
universal, direct, free, equal and secret elections. They are
representatives of the whole people, are not bound by orders and
instructions and are subject only to their conscience.
(2) Anyone who has attained the age of twenty one is entitled to vote,
anyone who has attained the age of twenty-five is eligible for election.
(3) Details will be regulated by a Federal law.

Article 39 (Assembly and legislative term)
As amended 23 August 1976

(1) The Bundestag is elected for a four-year term. Its legislative term ends
with the assembly of a new Bundestag.  The new election shall be held forty-
five months at the earliest, and forty-seven months at the latest after the
beginning of the legislative term.  Where the Bundestag is dissolved, the new
election shall be held within sixty days.
(2) The Bundestag shall assemble, at the latest,  on the thirtieth day after
the election.
(3) The Bundestag determines the termination and resumption of its
meetings. The President of the Bundestag may convene it at an earlier date.
He must do so if one-third of the members, the Federal President or the
Federal Chancellor so demand.

Article 40 (President, rules of procedure)

(1) The Bundestag elects its President, Vice-Presidents and
Secretaries. It draws up its rules of procedure.
(2) The President exercises the proprietary and police powers in the
Bundestag building. No search or seizure may take place in the premises of
the Bundestag without his permission.

Article 41 (Scrutiny of elections)

(1) The scrutiny of elections is the responsibility of the
Bundestag. It also decides whether a deputy has lost his seat in the
Bundestag.
(2) Against the decision of the Bundestag an appeal can be made to the
Federal Constitutional Court.
(3) Details will be regulated by a Federal law.

Article 42 (Proceedings, voting)

(1) The meetings of the Bundestag are public. Upon a motion of
one-tenth of its members, or upon a motion of the Federal Government, the
public may, by a two-thirds majority vote, be excluded. The decision on the
motion is taken at a meeting not open to the public.
(2) Decisions of the Bundestag require a majority of votes cast unless this
Basic law provides otherwise. For the elections to be made by the Bundestag
the rules of procedure may provide exemptions.
(3) True and accurate reports of the public meetings of the Bundestag and
of its committees shall not give rise to any liability.

Article 43 (Presence of members of the Federal Government and of the
Bundesrat)

(1) The Bundestag and its committees may demand the presence of
any member of the Federal Government.
(2) The members of the Bundesrat and of the Federal Government as well as
persons commissioned by them have access to all meetings of the Bundestag
and its committees. They must be heard at any time.

Article 44 (Committees of investigation)

(1) The Bundestag has the right, and upon the motion of one-
fourth of its members the duty, to set up a committee of investigation
which shall take the requisite evidence at public hearings. The public may
be excluded.
(2) The rules of criminal procedure shall apply mutatis mutandis to the
taking of evidence. The secrecy of the mail, posts and telecommunications
remains unaffected.
(3) Courts and administrative authorities are bound to render legal and
administrative assistance.
(4) The decisions of the committees of investigation are not subject to
judicial consideration. The courts are free to evaluate and judge the facts
on which the investigation is based

Article 45 (Repealed, 23 August 1976)

Article 45a (Committees on Foreign Affairs and Defense)
Added March 19, 1956.

(1) The Bundestag shall appoint a Committee on Foreign Affairs and a Committee
on Defense. (**2nd sentence deleted, 23 Aug 1976**)
(2) The Committee on Defense shall also have the rights of a committee on
investigation. Upon the motion of one fourth of its members it shall have the
duty to make a specific matter the subject of investigation.
(3) Article 44 paragraph (1) shall not be applied in matters of defense.

Article 45b (Defense Commissioner of the Bundestag)
Inserted 17 July 1975

A Defense Commissioner of the Bundestag shall be appointed to safeguard the
basic rights and to assist the Bundestag in exercising parliamentary control.
Details shall be regulated by a federal statute.

Article 45c (Petitions Committee)
Inserted 17 July 1975

(1)  The Bundestag shall appoint a Petitions Committee to deal with requests
and complaints addressed to the Bundestag pursuant to Article 17.
(2)  The powers of the Committee to consider complaints shall be regulated by
federal statute.

Article 46 (Indemnity and immunity of deputies)

(1) A deputy may not at any time be prosecuted in the courts
or subjected to disciplinary action or otherwise called to account outside
the Bundestag on account of a vote cast or an utterance made by him in the
Bundestag or one of its committees. This does not apply to defamatory
insults.
(2) A deputy may be called to account or arrested for a punishable offense
only by permission of the Bundestag, unless he is apprehended in the
commission of the offense or during the course of the following day.
(3) The permission of the Bundestag is also necessary for any other
restriction of the personal freedom of a duty or for the initiation of
proceedings against a deputy under Article 18.
(4) Any criminal proceedings and any proceedings under Article 18 against a
deputy, any detention and any other restriction of his personal freedom
shall be suspended upon the request of the Bundestag.

Article 47 (Right of deputies to refuse to give evidence)

Deputies may refuse to give evidence concerning persons who
have confided facts to them in their capacity as deputies or to whom they
have confided facts in such capacity, as well a concerning these facts
themselves. To the extent that this right to refuse to give evidence
exists, no seizure of documents may take place.

Article 48 (Entitlements of deputies)

(1) Any person seeking election to the Bundestag is entitled to
the leave necessary for his election campaign.
(2) No one may be prevented from accepting and exercising the office of
deputy. He may not be dismissed from employment, with or without notice, on
this ground.
(3) Deputies are entitled to compensation adequate to ensure their
independence. They are entitled to the free use of all state owned
transport. Details will be regulated by a Federal Law.

Article 49 (Repealed, 23 August 1976)

IV. THE UPPER HOUSE OF PARLIAMENT (BUNDESRAT)

Article 50 (Functions)

The Laender participate through the Bundesrat in the
legislation and administration of the Federation.

Article 51 (Composition)

(1) The Bundesrat consists of members of the Laender
governments which appoint and recall them. Other members of such
governments may act as substitutes.
(2) Each Land has at least three votes; Laender with more than two million
inhabitants have four, Laender with more than seven million inhabitants, six
votes (amended Unification Treaty of 31 August 1990).
(3) Each Land may delegate as many members as it has votes. The votes of
each Land may be cast only as a block vote and only by members present or
their substitutes.

Article 52 (President, rules of procedure)

(1) The Bundesrat elects its President for one year.
(2) The President convenes the Bundesrat. He must convene it if the members
for at least two Laender or the Federal Government so demand.
(3) The Bundesrat takes its decisions by at least a majority of its votes
It draws up its rules of procedure. Its meetings are public. The public may
be excluded.
(4) Other members of, or persons Commissioned by, Laender governments may
serve on the committees of the Bundesrat.

Article 53 (Presence of members of the Federal Government)

The members of the Federal Government have the right, and on demand the duty
to take part in the debates of the Bundesrat and of its Committees. They must
be heard at any time.  The Bundesrat must be currently kept informed by the
Federal Government of the conduct of affairs.


IVa.  THE JOINT COMMITTEE
(Inserted by federal statute of 24 June 1968)

Article 53a (Composition, rules of procedure, right to information)

Article 53a

(1) Two thirds of the members of the Joint Committee shall be deputies of the
Bundestag and one third shall be members of the Bundesrat.  The Bundestag
shall delegate its deputies in proportion to the relative strength of its
parliamentary groups; deputies shall not be members of the Federal Government.
Each Land shall be represented by a Bundesrat member of its choice; these
members shall not be bound by instructions.  The establishment of the Joint
Committee and its procedures shall be regulated by rules of procedure to be
adopted by the Bundestag and requiring the consent of the Bundesrat.
(2) The Federal Government shall inform the Joint Committee about its plans in
respect of a state of Defense.  The rights of the Bundestag and its committees
under paragraph 1 of Article 43 shall remain unaffected by the provision of
this paragraph.

V. THE FEDERAL PRESIDENT

Article 54 (Election)

(1) The Federal President is elected, without debate, by the
Federal Convention. Every German is eligible who is entitled to vote for
the Bundestag and who has attained the age of forty.
(2) The term of
office of the Federal President is five years. Reelection for a consecutive
term is permitted only once.
(3) The Federal Convention consists of the
members of the Bundestag and an equal number of members elected by the
representative assemblies of the Laender according to the rules of
proportional representation.
(4) The Federal Convention meets not later
than thirty days before the expiration of the term of office of the Federal
President or, In the case of premature termination, not later than thirty
days after this date. It is convened by the President of the Bundestag.
(5) After expiration of the legislative term the period specified in
paragraph 4, first sentence, begins with the first meeting of the
Bundestag.
(6) The person receiving the votes of the majority of the members of the
Federal Convention is elected. If such majority is not obtained by any
candidate in two ballots, the candidate who receives the largest number of
votes in a further ballot is elected.
(7) Details will be regulated by a Federal law.

Article 55 (Incompatibilities)

(1) The Federal President may not be a member of the Government
or of a legislative body of the Federation or of a Land.
(2) The Federal President may not hold any other salaried office, nor
engage in a trade, nor practice a profession, nor belong to the management
or ends in any event on the first meeting of a new Bundestag, the tenure of
office of a Federal Minister ends also on any other termination of the
tenure of office of the Federal Chancellor.
(3) At the request of the Federal President, the Federal Chancellor, or at
the request of the Federal Chancellor or of the Federal President, a
Federal Minister is bound to continue to transact the business of his
office until the appointment of a successor.


Article 56 (Oath of office)

On assuming his office the Federal President takes the following oath before
the assembled members of the Bundestag and the Bundesrat:

"I swear that I will dedicate my efforts to the well-being of the German
people, enhance its benefits, ward harm from it, uphold and defend the Basic
Law and the laws of the Federation, fulfill my duties conscientiously, and do
justice to all. So help me God."
The oath may also be taken without religious affirmation.

Article 57 (Representation)

If the Federal President is prevented from exercising his powers or if his
office falls prematurely vacant his powers will be exercised by the President
of the Bundesrat.

Article 58 (Countersignature)

Orders and decrees of the Federal President require for their validity the
countersignature of the Federal Chancellor or the appropriate Federal
minister. This does not apply to the appointment and dismissal of the Federal
Chancellor, the dissolution of the Bundestag under Article 63 and the request
under Article 69, paragraph 3.

Article 59 (Authority to represent the Federation in its international
relations)

(1) The Federal President represents the Federation in its international
relations. He concludes treaties with foreign states on behalf of the
Federation. He accredits and receives envoys.
(2) Treaties which regulate the political relations of the Federation or
relate to matters of Federal legislation require the consent or
participation, in he form of a Federal law, of the bodies competent in any
specific case for such Federal legislation. For administrative agreements
the provisions concerning the Federal administration apply mutatis
mutandis.

Article 59a (Repealed)

Article 60  (Appointment and dismissal of federal judges, federal civil
servants and soldiers; right of pardon)
(As amended March 19 1956)

(1) The Federal President appoints and dismisses the Federal judges the
Federal civil servants, the officers and non-commissioned officers, unless
otherwise provided for by law.
(2) He exercises the power of pardon on behalf of the Federation in
individual cases.
(3) He may delegate these powers to other authorities.
(4) Paragraphs 2 to 4 of Article 46 apply mutatis mutandis to the Federal
President.

Article 61 (Impeachment before the Federal Constitutional Court)

(1) The Bundestag or the Bundesrat may impeach the Federal President before
the Federal Constitutional Court for willful violation of the Basic Law or any
other Federal law. The motion for impeachment must be brought forward by at
least one-fourth of the members of the Bundestag or one-fourth of the votes of
the Bundesrat. The decision to impeach requires a majority of two-thirds of
the members of the Bundestag or of two-thirds of the votes of the Bundesrat.
The prosecution is conducted by a person commission by the impeaching body.
(2) If the Federal Constitutional Court finds the Federal President guilty of
a willful violation of the Basic Law or of another Federal law it may declare
him to have forfeited his office. After impeachment, it may issue an interim
order preventing the Federal President from exercising the powers of his
office.


VI. THE FEDERAL GOVERNMENT


Article 62. The Federal Government consists of the Federal Chancellor and
the Federal Ministers.

Article 63 (Election and appointment of the Federal Chancellor)

(1) The Federal Chancellor is elected, without debate, by the Bundestag on the
proposal of the Federal President.
(2) The person obtaining the votes of the majority of the members of the
Bundestag is elected. The persons elected must be appointed by the Federal
President.
(3) If the person proposed is not elected, the Bundestag may elect within
fourteen days of the ballot a Federal Chancellor by more than one-half of
its members.
(4) If there is no election within this period, a new ballot shall take
place without delay in which the person obtaining the largest number of
votes is elected. If the person elected obtained the votes of the majority
of the members of the Bundestag the Federal President must appoint him
within Seven days of the election. If the person elected did not receive
this majority, the Federal President must within even days either appoint
him or dissolve the Bundestag

Article 64 (Appointment of Federal Ministers)

(1) The Federal Ministers are appointed and dismissed by the Federal President
upon the proposal of the Federal Chancellor.
(2) The Federal Chancellor and the Federal Ministers, on assuming office,
take before the Bundestag the oath provided in Article 56.

Article 65 (Powers exercised in the Federal Government)

The Federal Chancellor determines and is responsible for general policy.
Within the limits of this general policy, each Federal Minister conducts the
business of his department autonomously and on his own responsibility. The
Federal Government decides on differences of opinion between the Federal
Ministers. The Federal Chancellor conducts the business of the Federal
Government in accordance with rules of procedure adopted by it and approved by
the Federal President.

Article 65a (Power of command over the Armed Forces)
Amended 24 June 1968

Power of command in respect of the Armed Forces shall be vested In the Federal
Minister of Defense.

Article 66  (Incompatibilities)

The Federal Chancellor and the Federal Ministers may not hold any other
salaried office, nor engage in a trade, nor practice a profession, nor belong
to the management or, without the consent of the Bundestag, to the board of
directors of an enterprise carried on for profit.

Article 67 (Constructive vote of no confidence)

(1) The Bundestag can express its lack of confidence in the Federal Chancellor
only by electing a successor by the majority of its members and by requesting
the Federal President to dismiss the Federal Chancellor. The Federal President
must comply with the request and appoint the person elected.
(2) Forty-eight hours must elapse between the motion and the election.

Article 68 (Vote of confidence, dissolution of the Bundestag)

(1) If a motion of the Federal Chancellor for a vote of no confidence is not
assented to by the majority of the members of the Bundestag, the Federal
President may, upon the proposal of the Federal Chancellor, dissolve the
Bundestag within twenty-one days. The right to dissolve lapses as soon as the
Bundestag by the majority of its members elects another Federal Chancellor.
(2) Forty-eight hours must elapse between the motion and the vote thereon.

Article 69  (Deputy Federal Chancellor,tenure of office of members of the
Federal Government)

(1) The Federal Chancellor appoints a Federal Minister as his deputy.
(2) The tenure of office of the Federal Chancellor or a Federal Minister

VII. LEGISLATIVE POWERS OF THE FEDERATION

Article 70 (Legislation of the Federation and the Laender)

(1) The Laender have the power to legislate insofar as this
Basic Law does not confer legislative powers on the Federation.
(2) The division of competence between the Federation and the Laender is
determined by the provisions of this Basic Law concerning exclusive and
concurrent legislative powers.

Article 71 (Exclusive legislative power of the Federation, concept)

On matters within the exclusive legislative powers of the
Federation the Laender have authority to legislate only if, and to the
extent that, a Federal law explicitly so authorizes them .

Article 72 (Concurrent legislative power of the Federation, concept)

(1) On matters within the concurrent legislative powers the
Laender have authority to legislate as long as, and to the extent that the
Federation does not use its legislative power.
(2) The Federation has the right to legislate on these matters to the extent
that a need for a Federal rule exists because
1. a matter cannot be effectively dealt with by the legislation of
individual Laender, or
2. dealing with a matter by Land law might prejudice the interests of other
Laender or of the entire community, or
3. the maintenance of legal or economic unity, especially the maintenance
of uniformity of living conditions beyond the territory of a Land
necessitates it.

Article 73 (Exclusive legislative power, catalogue)
As amended  24 June 1968.

The Federation has the exclusive power to legislate on:

1. foreign affairs and defense, including the protection of the civilian
population;
2. citizenship in the Federation;
3. freedom of movement, passports, immigration and emigration, and
extradition;
4. currency, money and coinage, weights and measures, as well as
computation of time;
5. the unity of the customs and commercial territory, commercial and
navigation agreements, the freedom of movement of goods, and the exchange
of goods and payment with foreign countries, including customs and frontier
protection;
6. Federal railroads and air traffic;
7. postal and telecommunication services;
8. the legal status of persons employed by the Federation and by Federal
bodies-corporate under public law;
9. industrial property rights, copyrights and publication rights;
10. cooperation of the Federation and the Laender in matters of
(a) criminal police,
(b) protection of the free democratic basic order, of the existence
and the security of the Federation or a Land (protection of the
constitution) and
(c)protection against activities in the federal territory which, through
the use of force or actions in preparation for the use of force, endanger
the foreign interests of the Federal Republic of Germany,
as well as the establishment of a Federal Criminal Police Office and
the international control of crime;
11. statistics for Federal purposes.

Article
74 (Concurrent legislation, catalogue)

Concurrent legislative powers extend to the following matters:
1. civil law, criminal law and execution of sentences, the system of
judicature, the procedure of the courts, the legal profession, notaries and
legal advice;
2. registration of births, deaths, and marriages;
3. the law of association and assembly;
4. the law relating to residence and establishment of aliens;
4a. the law relating to weapons and explosives; (inserted 28 July 1972 and
amended 23 August 1972).
5. the protection of German cultural treasures against removal abroad;
6. the affairs of refugees and expellees;
7. public welfare;
8. citizenship in the Laender;
9. war damage and reparations;
10. benefits to war-disabled persons and to dependents of those killed in
the war, assistance to former prisoners of war, and care of war graves;
10a. war graves of soldiers, graves of other victims of war and of the victims
of despotism; (inserted 16 June 1965)
11. the law relating to economic matters (mining, industry, supply of
power. crafts. trades, commerce, banking and stock exchanges, private
insurance);
11a. the production and utilization of nuclear energy for peaceful
purposes, the construction and operation of installations serving these
purposes, protection against dangers arising from the release of nuclear
energy or from ionizing rays, and removal of radioactive material;
12. Labor law, including the legal organization of enterprises; protection
of workers, employment exchanges and agencies, as well as social insurance,
including unemployment insurance;
13. the regulation of educational and training grants and the promotion of
scientific research; (as amended 12 May 1969)
14. the law regarding expropriation, to the extent that matters enumerated
in Articles 73 and 74 are concerned;
15. transfer of land, natural resources and means of production into public
ownership or other forms of publicly controlled economy;
16. prevention of the abuse of economic power;
17 promotion of agricultural and forest production, safeguarding of the
supply of food, the import and export of agricultural and forest products,
deep sea and coastal fishing, and preservation of the coasts;
18. dealings in real estate, land law and matters concerning agricultural
leases, housing, settlements and homesteads;
19. measures against epidemic and infectious diseases of humans and
animals, admission to medical and other professions and practices in the
field of healing, traffic in drugs, medicines, narcotics, and poisons;
19a. the economic viability of hospitals and the regulation of hospitalization
fees; (inserted 12 May 1969)
20. protection with regard to traffic in food and stimulants as well as in
necessities of life, in fodder, in agricultural and forest seeds and
seedlings, and protection of trees and plants against diseases and pests;
21. ocean and coastal shipping as well as aids to navigation, inland
shipping, meteorological services, sea waterways and inland waterways used
for general traffic;
22. road traffic, motor transport, construction and maintenance of long
distance highways, as well as the collection of charges for the use of public
highways by vehicles and the allocation of revenue therefrom; (amended 12 May
1969)

23. railroads other than Federal railroads, except mountain railroads.

24.  waste disposal, air pollution control and noise abatement. (amended 12
May 1969)

Article 74a+ (Concurrent legislative power of the Federation,
remuneration and pensions of members of the public service)

(1) Concurrent legislative power shall further extend to the remuneration and
pensions of members of the public service whose service and loyalty are
governed by public law, insofar as the Federation does not have exclusive
power to legislate pursuant to item 8 of Article 73.
(2) Federal statutes enacted pursuant to paragraph (1) of this Article
shall require the consent of the Bundesrat.
(3) Federal statutes enacted pursuant to item 8 of Article 73 shall likewise
-----------------------------------------------------------------------------
                               Notes for above:
* Inserted by federal statute of 12 May 1969 (Federal Law Gazette I p. 363).
** As amended by federal statute of 18 March 1971 (Federal Law Gazette I
p. 207).
*** As amended by federal statute of 12 May 1969 (Federal Law Gazette I
p. 363).

**** As amended by federal statute of 12 April 1972 (Federal Law Gazette I
p.S93).
+ Inserted by federal statute of 18 March 1971 (Federal Law Gazette I p. 206).
------------------------------------------------------------------------------
require the consent of the Bundesrat, insofar as for the structure and
assessment of remuneration and pensions, including the rating of posts,
provision is made for criteria or minimum or maximum rates other than those
provided for in federal statutes enacted pursuant to paragraph (I) of this
Article.
(4) Paragraphs (1) and (2) of this Article shall apply mutatis mutandis
to the remuneration and pensions of judges in the Laender. Paragraph (3)
of this Article shall apply mutatis mutandis to statutes enacted pursuant
to paragraph (1) of Article 98.

Article 75 (Power of the Federation to pass framework legislation catalogue)
amended 18 March 1969

Subject to the conditions of Article 72 the Federation has the
right to enact general rules concerning:
1.  the legal status of persons in the public service of the Laender,
communities  other corporate bodies of public law, insofar as Article 74a does
not provide otherwise;
1a. the general principles governing higher education. (inserted 12 May 1969)
2. the general rules of law concerning the status of the press and motion
pictures;
3. hunting, protection of nature and care of the countryside;
4. land distribution, regional planning and water conservation;
5. matters relating to registration and identity cards.

Article 76 (Bills)
amended 15 November 1968 and 12 May 1969)

(1) Bills are introduced in the Bundestag by the Federal Government, by
members of the Bundestag or by the Bundesrat.  (2) Bills of the Federal
Government shall be submitted first to the Bundesrat. The Bundesrat is
entitled to state its position on these bills within six weeks.  (3) Bills of
the Bundesrat shall be submitted to the Bundestag by the Federal Government
within 3 months. In doing so the Federal Government shall state its own views.

Article 77 (Legislative procedure)
(amended 15 Nov 1968)

(1) Federal laws are adopted by the Bundestag. Upon their
adoption, they shall, without delay, be transmitted to the Bundesrat by the
President of the Bundestag.
(2) The Bundesrat may, within three weeks of the receipt of the adopted bill,
demand that a committee for joint consideration of bills, composed of
members of the Bundestag and the Bundesrat, be convened. The composition
and the procedure of this committee are regulated by rules of procedure
adopted by the Bundestag and requiring the consent of the Bundesrat. The
members of the Bundesrat on this committee are not bound by instructions.
Where the consent of the Bundesrat is required for a law, the demand for
convening this committee may also be made by the Bundestag or the Federal
Government. Should the committee propose any amendment to the adopted bill,
the Bundestag must again vote on the bill.
(3) Insofar as the consent of the Bundesrat is not required for a law, the
Bundesrat may, if the proceedings under paragraph 2 are completed, enter a
protest within two weeks against a law adopted by the Bundestag. This period
begins, in the case of paragraph 2, last sentence, on the receipt of the
bill as re-adopted by the Bundestag, in all other cases on the receipt
of a communication from the chairman of the committee provided for in
paragraph (2) of this Article to the effect that the committee's proceedings
have been concluded.
(4) If the protest is adopted by a majority of the votes of the Bundesrat,
it can be rejected by a decision of the majority of the members of the
Bundestag. If the Bundesrat adopted the protest by a majority of at least
two-thirds of its votes, the rejection by the Bundestag requires a majority
of two-thirds, including at least the majority of the members of the
Bundestag.

Article 78 (Passage of federal statutes)

A bill adopted by the Bundestag is deemed to have been passed if
the Bundesrat consents to it, does not make a demand pursuant to Article
77, paragraph 2, does not enter a protest within the time limited by
Article 77 paragraph 3, or withdraws such protest, or if the protest is
overridden by the Bundestag.

Article 79 (Amendment of the Basic Law)
As amended March 27, 1954.

(1) The Basic law can be amended
only by a law which expressly amends or supplements the text thereof.
     With respect to international treaties the subject of which is a peace
settlement, the preparation of a peace settlement or the abolition of an
occupation regime, or which are designed to serve the defense of the
Federal Republic, it shall be sufficient, for the purpose of a clarifying
interpretation to the effect that the provisions of the Basic Law are not
contrary to the conclusion and entry into force of such treaties, to effect
a supplementation of the Basic Law confined to this clarifying
interpretation.
(2) Such a law requires the affirmative vote of two thirds of the members
of the Bundestag and two-thirds of the votes of the Bundesrat.
(3) An amendment of this Basic Law affecting the division of the Federation
into Laender, the participation in principle of the Laender in legislation,
or the basic principles laid down in Articles 1 and 20, is inadmissible.

Article 80 (Issue of ordinances)

(1) The Federal Government, a Federal Minister or the Land
Governments may be authorized by a law to issue ordinances having the force
of law. The content, purpose and scope of the powers conferred must be set
forth in the law. The legal basis must be stated in the ordinance. If a law
provides that a power may be further delegated, an ordinance having the
force of law is necessary in order to delegate the power.
(2) The consent of the Bundesrat is required unless otherwise provided by
Federal legislation, for ordinances having the force of law issued by the
Federal Government or a Federal Minister concerning basic rules for the use
of facilities of the Federal railroads and of postal and telecommunication
Services, or charges therefore, or concerning the construction and
operation of railroads, as well as for ordinances having the force of law
issued on the basis of Federal laws that require the consent of the
Bundesrat or that are executed by the Laender as agents of the Federation
or as masters of their own concern.

Article 80a* (Application of legal provisions in a state of tension)

(1) Where this Basic Law or a federal statute on Defense, including the
protection of the civilian population, stipulates that legal provisions may
only be applied in accordance with this Article, their application shall,
except in a state of Defense, be admissible only after the Bundestag has
determined that a state of tension (Spannungsfall) exists or where it has
specifically approved such application. In respect of the cases mentioned in
the first sentence of paragraph (5) and the second sentence of paragraph (6)
of Article 12a, such determination of a state of tension and such specific
approval shall require a two-thirds majority of the votes cast.
(2) Any measures taken by virtue of legal provisions enacted under paragraph
(1) of this Article shall be revoked whenever the Bundestag so demands.
(3) In derogation of paragraph (1) of this Article, the application of such
legal provisions shall also be admissible by virtue of and in accordance with
a decision taken with the consent of the Federal Government by an
international body within the framework of a treaty of alliance. Any measures
taken pursuant to this paragraph shall be revoked whenever the Bundestag so
demands with the majority of its members.

Inserted by federal statute of 24 June 1968 (Federal Law Gazette I p. 711).

Article 81 (State of legislative emergency)

(1) Should in the circumstances of Article 68 the Bundestag not
be dissolved, the Federal President may, at the request of the Federal
Government and with the consent of the Bundesrat, declare a state of
legislative emergency with respect to a bill, if the Bundestag rejects the
bill although the Federal Government has declared it to be urgent. The same
applies if a bill has been rejected although the Federal Chancellor had
combined with it the motion under Article 68.
(2) If, after a state of legislative emergency has been declared, the
Bundestag again rejects the bill or adopts it in a version declared to be
unacceptable to the Federal Government the bill is deemed to have been
passed insofar as the Bundesrat consents to it. The same applies if the
bill is not adopted by the Bundestag within four weeks of its
reintroduction.
(3) During the term of office of a Federal Chancellor, any other bill
rejected by the Bundestag may be passed in accordance with paragraphs 1 and
2 within a period of six months after the first declaration of a state of
legislative emergency. After expiration of this period, a further
declaration of a state of legislative emergency is inadmissible during the
term of office of the same Federal Chancellor.
(4) The Basic Law may not be amended nor be repealed nor suspended in whole
or in part by a law Passed pursuant to paragraph 2.

Article 82 (Promulgation and effective date of legal provisions)

(1) Laws passed in accordance with the provisions of this Basic
Law will, after countersignature, be signed by the Federal President and
promulgated in the Federal Gazette. Ordinances having the force of law will
be signed by the agency which issues them, and unless otherwise provided by
law, will be promulgated in the Federal Gazette.
(2) Every law and every ordinance having the force of law should specify
its effective date. In the absence of such a provision, it becomes
effective on the fourteenth day after the end of the day on which the
Federal Gazette was published.


VIII. THE EXECUTION OF FEDERAL LAWS AND THE FEDERAL ADMINISTRATION

Article 83 (Distribution of competence between the Federation the Laender)

The Laender execute Federal laws as matters of their own
concern insofar as this Basic Law does not otherwise provide or permit.

Article 84 (Land execution and Federal Government supervision)

(1) If the Laender execute Federal laws as matters of their own
concern, they provide for the establishment of authorities and the
regulation of administrative procedures insofar as Federal laws consented
to by the Bundesrat do not otherwise provide.
(2) The Federal Government may, with the consent of the Bundesrat, issue
general administrative rules.
(3) The Federal Government exercises supervision to ensure that the Laender
execute Federal laws in accordance with applicable law. For this purpose
the Federal Government may send commissioners to the highest Land
authorities and, with their consent or, if this consent is refused, with
the consent of the Bundesrat, also to subordinate authorities.
(4) Should any shortcomings which the Federal Government has found to exist
in the execution of Federal laws in the Laender not be corrected, the
Bundesrat decides, on the application of the Federal Government or the Land
whether the Land has acted unlawfully. The decision of the Bundesrat may be
challenged in the Federal Constitutional Court.
(5) For the execution of Federal laws, the Federal Government may, by
Federal law requiring the consent of the Bundesrat, be authorized to issue
individual instructions for particular cases. They must be addressed to the
highest Land authorities unless the Federal Government considers the matter
urgent.

Article 85 (Execution by the Laender as agents of the Federation)

(1) Where the Laender execute Federal laws as agents of the
Federation, the establishment of the authorities remains the concern of the
Laender insofar as Federal laws consented to by the Bundesrat do not
otherwise provide.
(2) The Federal Government may with the consent of the Bundesrat, issue
general administrative rules. It may regulate the uniform training of civil
servants and salaried government employees The heads of authorities at
Intermediate level shall be appointed with its agreement.
(3) The Land authorities are subject to the instructions of the appropriate
highest Federal authorities. The instructions shall be addressed to the
highest Land authorities unless the Federal Government considers the matter
urgent. Execution of the instructions shall be ensured by the highest Land
authorities.
(4) Federal supervision extends to the conformity with law and
appropriateness of the execution. The Federal Government may, for this
purpose, require the submission of reports and documents and send
commissioners to all authorities.

Article 86 (Direct federal administration)

Where the Federation executes laws by Federal administrative
agencies or by Federal bodies-corporate or institutions under public law,
the Federal Government issues, insofar as the law contains no special
provision, the general administrative rules. It provides for the
establishment of authorities insofar as the law does not otherwise provide.

Article 87 (Matters for direct federal administration)

(1) The foreign service the Federal finance administration, the
Federal railroads, the Federal postal service and, in accordance with the
provisions of Article 89, the administration of the Federal waterways and
of shipping are conducted as matters of Federal administration with their
own subordinate administrative structure, Federal frontier protection
authorities and central offices for police information and communications,
for the compilation of data for the purpose of protecting the Constitution
and for the criminal police may be established by Federal legislation.
(2) Social insurance institutions whose sphere of competence extends beyond
the territory of one Land are conducted as Federal bodies-corporate under
public law.
(3) In addition, independent Federal higher authorities and Federal bodies-
corporate and institutions under public law may be established by Federal
law for matters on which the Federation has the power to legislate. If new
functions arise for the Federation in matters on which it has the power to
legislate, Federal authorities at intermediate and lower level may be
established in case of urgent need, with the consent of the Bundesrat and
of the majority of the members of the Bundestag.

Article 87a.
Added March 19, 1956.


Article 87a** (Establishment and powers of the Armed Forces)

(1) The Federation shall establish Armed Forces for Defense purposes.  Their
numerical strength and general organizational structure shall be shown in the
budget.
(2) Apart from Defense, the Armed Forces may only be used insofar as
explicitly permitted by this Basic Law.
(3) While a state of Defense or a state of tension exists, the Armed Forces
shall have the power to protect civilian property and discharge functions of
traffic control insofar as this is necessary for the performance of their
Defense mission. Moreover, the Armed Forces may, when a state of Defense or a
state of tension exists, be entrusted with the protection of civilian property
also in support of police measures; in this event the Armed Forces shall
cooperate with the competent authorities.  (4) In order to avert any imminent
danger to the existence or to the free
_________________
* As amended by federal statute of 28 July 1972 (Federal Law Gazette I p. 1305).
** Inserted by federal statute of 19 March 1956 (Federal Law Gazette I p. 111).
-----------------
democratic basic order of the Federation or a Land, the Federal Government
may, should conditions as envisaged in paragraph (2) of Article 91 obtain and
the police forces and the Federal Border Guard be inadequate, use the Armed
Forces to support the police and the Federal Border Guard in the protection of
civilian property and in combating organized and militantly armed insurgents.
Any such use of the Armed Forces shall be discontinued whenever the Bundestag
or the Bundesrat so demands.

Article 87b (Administration of the Federal Armed Forces)
Added March 19, 1956.

(1) The administration of the Federal defense Forces shall be conducted as
a Federal administration with its own administrative substructure. Its
function shall be to administer matters pertaining to personnel and to the
immediate supply of the material requirements of the Armed Forces. Tasks
connected with benefits to invalids or construction work shall not be
assigned to the administration of the Federal Defense Forces except by
Federal legislation which shall require the consent of the Bundesrat. Such
consent shall also be required for any legislative provisions empowering
the administration of the Federal Defense Forces to interfere with rights
of third parties: this shall, however, not apply in the case of laws
concerning personnel.
(2) Moreover, Federal laws concerning defense including recruitment for
military service and protection of the civilian population may, with the
consent of the Bundesrat, stipulate that they shall be carried out, wholly
or in part, either under Federal administration with its own administrative
substructure or by the Laender acting as agents of the Federation. If such
laws are executed by the Laender acting as agents of the Federation, they
may, with the consent of the Bundesrat, stipulate that the powers vested by
virtue of Article 85 in the Federal Government and appropriate highest
Federal authorities shall be transferred wholly or partly to higher Federal
authorities in such an event it may be enacted that these authorities shall
not require the consent of the Bundesrat in issuing general administrative
rules as referred to in Article 85 paragraph (2) first sentence.

Article 87c
inserted 23 December 1959

Laws enacted under item 11a of Article 74 may, with the consent of the
Bundesrat stipulate that they shall be executed by the Laender acting as
agents of the Federation.

Article 87d
Added 6 Feb 1961

(1) The Aviation Administration shall be
administered by the Federation.
(2) By Federal law requiring the consent of the Bundesrat, the functions of
the Aviation Administration may be assigned to the Laender as agents of the
Federation.

Article 88.

The Federation establishes a note-issuing and currency bank as
the Federal bank.

Article 89 (Federal waterways)

(1) The Federation is the owner of the former Reich waterways.
(2) The Federation administers the Federal waterways through its own
authorities. It exercises the public functions relating to inland shipping
which extend beyond the territory of one Land and those relating to
maritime shipping which are conferred on it by law. Upon request, the
Federation may transfer the administration of Federal waterways insofar as
they lie within the territory of one Land, to this Land as an agent. If a
waterway touches the territories of several Laender the Federation may
designate as its agent one Land if so requested by the Laender concerned.
(3) In the administration, development and new construction of waterways
the needs of soil cultivation and of regulating water supply shall be
safeguarded in agreement with the Laender .

Article 90 (Federal highways)

(1) The Federation is the owner of the former Reich motor roads
and Reich highways.
(2) The Laender, or such self-governing bodies-corporate as are competent
under Land law, administer as agents of the Federation the Federal motor
roads and other Federal highways used for long-distance traffic.
(3) At the request of a Land, the Federation may take under direct Federal
administration Federal motor roads and other Federal highways used for
long-distance traffic, insofar as they lie within the territory of the
Land.

Article 91 (Internal emergency)
amended 24 June 1968

(1) In order to avert any imminent danger to the existence or to the free
democratic basic order of the Federation or of a Land, a Land may request the
services of the police forces of other Laender or of the forces and facilities
of other administrative authorities and the Federal Border Guard.  (2) If the
Land in which the danger is imminent is not itself willing or able to fight
the danger, the Federal Government may place the police in that Land and the
police forces of other Laender under its own instructions and use units of the
Federal Border Guard. The order for this shall be rescinded after the danger
is past, or else at any time on the demand of the Bundesrat.  Where the danger
extends to a region larger than a Land, the Federal Government may, insofar as
is necessary for effectively combating such danger, issue instructions to the
Land governments; the first and second sentences of this paragraph shall not
be affected by this provision.

VIIIa. JOINT TASKS*

Article 91a* (Participation of the Federation by virtue of federal
legislation)

(1) The Federation shall participate. in the following sectors, in the
discharge of responsibilities of the Laender, provided that such
responsibilities are important to society as a whole and that federal
participation is necessary for the improvement of living conditions (joint
tasks):

1.** extension and construction of institutions of higher education, including
university clinics;

2. improvement of regional economic structures;

3. improvement of the agrarian structure and of coast preservation.

(2) Joint tasks shall be defined in detail by a federal statute requiring the
consent of the Bundesrat. Such legislation should include general principles
governing the discharge of joint tasks.
(3) Such legislation shall provide for the procedure and the institutions
required for joint overall planning. The inclusion of a project in the overall
planning shall require the consent of the Land in which it is to be carried
out.
(4) In cases to which items I and 2 of paragraph (1) of this Article apply,
the Federation shall meet one half of the expenditure in each Land. In cases
to which item 3 of paragraph (1) of this Article applies, the Federation shall
meet at least one half of the expenditure, and such proportion shall be the
same for all the Laender. Details shall be regulated by statute. Provision of
funds shall be subject to appropriation in the budgets of the Federation and
the Laender.
(5) The Federal Government and the Bundesrat shall be informed about the
execution of joint tasks, should they so demand.
------------------
* Inserted by federal statute of 12 May 1969 (Federal Law Gazette I p. 359).

** As amended by federal statute of 31 July 1970 (Federal Law Gazette I
p. 1161).

IX. THE ADMINISTRATION OF JUSTICE


Article 92* (Court Organization)

The judicial authority is vested in the judges; it is exercised
by the Federal Constitutional Court, by the Supreme Federal Court, by the
Federal courts provided for in this Basic Law and by the courts of the
Laender.

Article 93 (Federal Constitutional Court, jurisdiction)

(1) The Federal Constitutional Court decides:
1. on the interpretation of this Basic Law in the event of disputes
concerning the extent of the rights and duties of a supreme Federal organ
or of other parties concerned who have been endowed with independent rights
by this Basic Law or by rules of procedure of a supreme Federal organ;
2. in case of differences of opinion or doubts on the formal and material
compatibility of Federal law or Land law with this Basic law, or on the
compatibility of Land law with other Federal law, at the request of the
Federal Government, of a Land government or of one-third of the Bundestag
members;
3. in case of differences of opinion on the rights and duties of the
Federation and the Laender, particularly in the execution of Federal law by
the Laender and in the exercise of Federal supervision;
4. on other disputes of public law between the Federation and the Laender
between different Laender or within a Land, unless recourse to another
court exists;
4a.  on complaints of unconstitutionality, which may be entered by any
person who claims that one of his basic rights or one of his rights
under paragraph (4) of Article 20 or under Article 33, 38, 101, 103, or
104 has been violated by public authority;
4b.  on complaints of unconstitutionality entered by communes or
associations of communes on the ground that their right to self-government
under Article 28 has been violated by a statute other than a Land statute
open to complaint to the respective Land constitutional court;
5. in the other cases provided for in this Basic Law.
(2) The Federal Constitutional Court shall also act in such cases as are
otherwise assigned to it by Federal law.

Article 94 (Federal Constitutional Court, composition)

(1) The Federal Constitutional Court consists of Federal judges
and other members. Half of the members of the Federal Constitutional Court
are elected by the Bundestag and half by the Bundesrat. They may not belong
to the Bundestag, the Bundesrat, the Federal Government or the
corresponding organs of a Land.
(2) Its constitution and procedures will be regulated by a Federal law,
which will specify in what cases its decisions shall have the force of law.

Article 95 (Highest courts of justice of the Federation, Joint Panel)
Amended 18 June 1968

(1) To preserve the uniformity of application of Federal law, a
a Supreme Federal Court will established.
(2) The Supreme Federal Court decides cases in which the decision is
fundamental importance for the uniformity of the administration of justice
by the higher Federal courts.
(3) The judges of the Supreme Federal Court are selected jointly by the
Federal Minister of justice and a committee for the selection of judges
consisting of the Land Ministers of justice and an equal number of members
elected by the Bundestag.
(4) In other respects the constitution of the Supreme Federal Court and is
procedure will be regulated by Federal legislation.


Article 96* (Other federal courts, exercise of federal jurisdiction by
courts of the Laender)
(amended 26 August 1969)

(1) The Federation may establish a federal court for matters concerning
industrial property rights.

(2) The Federation may establish military criminal courts for the Armed
Forces as federal courts. They may only exercise criminal jurisdiction
while a state of defence exists, and otherwise only over members of the
Armed Forces serving abroad or on board warships. Details shall be
regulated by federal statute. These courts shall be within the competence
of the Federal Minister of Justice. Their full-time judges shall be persons
qualified to hold judicial office.

(3) The highest court of justice for appeals from the courts mentioned
in paragraphs (I) and (2) of this Article shall be the Federal Court of
Justice .

(4)** The Federation may establish federal courts for disciplinary
proceedings against, and for proceedings in pursuance of complaints by,
persons in the federal public service.

(5)*** In respect of criminal proceedings under paragraph ( I ) of Article
26 or involving the protection of the State, a federal statute requiring the
consent of the Bundesrat may provide that Land courts shall exercise
federal jurisdiction.

Article 97 (Independence of the judges)

(1) The judges are independent and subject only to the law.
(2) Judges appointed permanently on a full time basis to an established
post can, against their will, be dismissed, or permanently or temporarily
suspended from office or transferred to another post or retired before
expiration of their term of office only under authority of a judicial
decision and only on grounds and in the form provided by law. Legislation
may set age limits for the retirement of judges appointed for life. In the
event of changes in the structure of the courts or their areas of
jurisdiction, judges may be transferred to another court or removed from
their office, provided they retain their full salary.

Article 98.
(amended 18 March 1971)

(1) The legal status of the Federal judges shall be regulated
by a Special Federal law.
(2) If a Federal judge, in his official capacity or unofficially, infringes
upon the principle of the Basic Law or the constitutional order of a Land,
the Federal Constitutional Court may decide by a two-thirds majority, upon
the request of the Bundestag, that the judge be transferred to another
office or placed on the retired list. In a case of an intentional
infringement. his dismissal may be ordered.
3) The legal status of the judges in the Laender shall be regulated by
special Land laws. The Federation may enact outline provisions, insofar as
paragraph (4) of Article 74a does not provide otherwise.
(4) The Laender may provide that the Land Minister of Justice together with
a committee for the selection of judges shall decide on the appointment of
judges in the Laender.
(5) The Laender may, with respect to Land judges, enact provisions
corresponding with paragraph 2. Existing Land constitutional law remains
unaffected. The decision in a case of impeachment of a judge rests with the
Federal Constitutional Court.

Article 99.
(as amended 18 June 1968)

The decision on constitutional disputes within a Land may be
assigned by a Land law to the Federal Constitutional Court, and the
decision of last instance in matters involving the application of Land law,
to the higher Federal courts of justice referred to in paragraph (1) of
Article 95.

Article 100
(amended 18 June 1968)

(1) Where a court considers a law unconstitutional, the validity
of which is relevant to its decision, the proceedings shall be stayed, and
a decision shall be obtained from the Land court competent for
constitutional disputes if the matter concerns the violation of the
constitution of a Land, or from the Federal Constitutional Court if the
matter concerns the violation of the Basic Law. This also applies if the
matter concerns the violation of this Basic Law by Land law or the
incompatibility of a Land law with a Federal law.
(2) If, in the course of litigation doubt exists whether a rule of public
international law forms part of the Federal law and whether such rule
directly creates rights and duties for the individual (Article 25), the
court shall obtain the decision of the Federal Constitutional Court.
(3) Where the constitutional court of a Land, in interpreting the Basic Law,
intends to deviate from a decision of the Federal Constitutional Court
or of the constitutional court of another Land, it must obtain the decision
of the Federal Constitutional Court.

Article 101.

(1) Extraordinary courts are inadmissible. No one may be
removed from the jurisdiction of his lawful judge.
(2) Courts for special fields may be established only by law.

Article 102.

Capital punishment is abolished.

Article 103.

(1) In the courts everyone is entitled to a hearing in
accordance with the law.
(2) An act can be punished only if it was a punishable offense by law
before the act was committed.
(3) No one may be punished for the same act more than once in pursuance of
general penal legislation.

Article 104.

(1) The freedom of the individual may be restricted only on
the basis of a formal law and only with due regard to the forms prescribed
therein. Detained persons may be subjected neither to mental nor to
physical ill-treatment.
(2) Only judges may decide on admissibility or extension of a deprivation
of liberty. Where such deprivation is not based on the order of a judge, a
judicial decision must be obtained without delay. The police my hold no one
on their own authority in their own custody longer than the end of the day
after the arrest. Details shall be regulated by legislation.
(3) Any person provisionally detained on-suspicion of having committed a
punishable offense must be brought before a judge at the latest on the day
following the arrest; the judge shall inform him of the reasons for
detention, examine him and give him an opportunity to raise objections.
The judge must, without delay, either issue a warrant of arrest setting
forth the reasons therefore or order the release from detention.
(4) A relative of the person detained or a person enjoying his confidence
must be notified without delay of any judicial decision ordering or
extending a deprivation of liberty.


X. FINANCE

X. FINANCE

Article 104a* (Apportionment of expenditure between the Federation and
the Laender)

(1) The Federation and the Laender shall separately meet the expenditure
resulting from the discharge of their respective tasks insofar as this Basic
Law does not provide otherwise.

(2) Where the Laender act as agents of the Federation, the Federation
shall meet the resulting expenditure.

(3) Federal statutes to be executed by the Laender and granting money
payments may make provision for such payments to be met wholly or in
part by the Federation. Where any such statute provides that the
Federation shall meet one half of the expenditure or more, it shall be
implemented by the Laender as agents of the Federation. Where any such
statute provides that the Laender shall meet one quarter of the expenditure
or more, it shall require the consent of the Bundesrat.

(4) The Federation may grant the Laender financial assistance for
particularly important investments by the Laender or communes or
associations of communes, provided that such investments are necessary
to avert a disturbance of the overall economic equilibrium or to equalize
differences of economic capacities within the federal territory or to
promote economic growth. Details, especially concerning the kinds of
investments to be promoted, shall be regulated by a federal statute
requiring the consent of the Bundesrat or by administrative arrangements
under the federal budget law.

(5) The Federation and the Laender shall meet the administrative
expenditure incurred by their respective authorities and shall be
responsible to each other for ensuring proper administration. Details
shall be regulated by a federal statute requiring the consent of the
Bundesrat.


Article 105 (Legislative powers)
(amended 12 May 1969)

(1) The Federation has the exclusive power to legislate on
customs and fiscal monopolies
(2) The Federation shall have concurrent power to legislate on all other
taxes the revenue from which accrues to it wholly or in part or where the
conditions provided for in paragraph (2) of Article 72 apply.
(2a) The Laender shall have power to legislate on local excise taxes as
long and insofar as they are not identical with taxes imposed by federal
legislation.
(3) Federal laws relating to taxes the yield of which accrues in whole or
in pan to the Laender or the communities (community associations) requite
the consent of the Bundesrat.

Article 106 (Apportionment of tax revenue)

As amended December 23, 1955 and December 24 1956 (1) The
yield of fiscal monopolies and receipts from the following tares shall
accrue to the Federation:
1. customs duties
2. such excise taxes as do not accrue to the Laender in accordance with
paragraph (2),
3. turnover tax
4. transportation tax,
5. non-recurrent capital levies, and equalization taxes imposed for the
purpose of implementing the equalization of burdens legislation,
6. Berlin emergency aid tax.
7. supplementary levies on income and corporation taxes.

(2) Receipts from the following taxes shall accrue to the Laender:
1.  Property tax,
2.  inheritance tax,
3.  motor-vehicle tax,
4.  such taxes on transactions that do not accrue to the Federation in
accordance with paragraph (1),
5.  beer tax
6.  levies on gambling establishments,
7.  taxes on real estate and business,
8.  taxes with localized application.
(3) Receipts from income tax and corporation tax shall accrue: until 31
March 1958, to the Federation and the Laender in a ratio of 33 1/3 per cent
to 65 per cent, and from 1 April 1958, to the Federation and the Laender in
a ratio of 35 per cent to 65 per cent.
(4) The ratio of appointment of the income and corporation taxes paragraph
(3) should be modified by a Federal law requiring the consent of the
Bundesrat whenever the development of the relation of revenues to
expenditures in the Federation differs from that in the Laender and
whenever the budgetary needs of the Federation or those of the Laender
exceed the estimated revenues by a margin substantial enough to call for a
corresponding adjustment of the ratio of apportionment in favor of either
the Federation or the Laender. Any such adjustment shall be based on the
following principles:
1. The Federation and the Laender shall each bear the expenditures
resulting from the administration of their respective tasks; Article 120
paragraph (1) shall not be affected;
2. There shall be equality of rank between the claim of the Federation and
the claim of the Laender to have their respective necessary expenditures
covered from ordinary revenues;
3. The requirements of the Federation and of the Laender in respect of
budget coverage shall be coordinated in such a way that a fair equalization
is achieved, any overburdening of taxpayers precluded, and uniformity of
living standards in the Federal territory ensured.
     The ratio of apportionment may be modified for the first time with
effect from I April 1958 and subsequently at intervals of not less than two
years after the entry into force of any law determining such ratio;
provided that this stipulation shall not affect any notification of such
ratio effected in accordance with paragraph (5).
(5) If a Federal law Imposes additional expenditures on, or withdraws
revenues from the Laender, the ratio of apportionment of the income and
corporation taxes shall be modified m favor of the Laender, provided that
conditions as envisaged in paragraph (4) have developed. If the additional
burden placed upon the Laender is limited to a period of short duration,
such burden may be compensated by grants from the Federation under a
Federal law requiring the consent of the Bundesrat and which shall lay down
the principles for assessing the amounts of such grants and for
distributing the them among the Laender.
(6) Receipts from taxes on real estate and businesses shall accrue to the
communes. In case there are no communes in a Land the receipts shall accrue
to the Land. In accordance with Land legislation, taxes on real estate and
businesses may be used to ascertain assessments and surtaxes. The receipts
of the Laender from income tax and corporation tax shall accrue to the
communes and associations of communes in a percentage to be determined by
Land legislation. Furthermore, the Land legislation shall determine whether
and how much of the receipts of the Land taxes shall accrue to the communes
(associations of communes).
(7) If the Federation establishes special institutions in the Laender or
communes (association of communes) which cause immediate higher
expenditures or lower receipts to those Laender or communes (associations
of communes), the Federation shall grant the necessary financial
equalization, if and insofar it is anticipated that the Laender or communes
(associations of communes) are unable to bear these special burdens.
Compensation by a third party and financial advantages which accrue to
these Laender or communes (associations of communes as a consequence of
these institutions shall be considered in such equalization. (8) For the
purposes of the present Article, revenues and expenditures of communes
(associations of communes) shall be deemed to be Land revenues and
expenditures

Article 107* (Financial equalization)
(amended 12 May 1969)

(1) Revenue from Land taxes and the Land share of revenue from income
and corporation taxes shall accrue to the individual Laender to the extent
that such taxes are collected by revenue authorities within their respective
territories (local revenue). A federal statute requiring the consent of the
Bundesrat may provide in detail for the delimitation as well as the manner
and scope of allotment of local revenue from corporation and wage taxes.
such statute may also provide for the delimitation and allotment of local
revenue from other taxes. The Land share of revenue from the turnover
tax shall accrue to the individual Laender on a per capita basis; a federal
statute requiring the consent of the Bundesrat may provide for
supplementary shares not exceeding one quarter of a Land share to be
granted to Laender whose per capita revenue from Land taxes and from
the income and corporation taxes is below the average of all the Laender
combined.

(2) Such statute shall ensure a reasonable equalization between
financially strong and financially weak Laender, due account being taken
of the financial capacity and financial requirements of communes or
associations of communes. Such statute shall specify the conditions
governing equalization claims of Laender entitled to equalization
payments and equalization liabilities of Laender 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 Laender
in order to complement the coverage of their general financial
requirements (supplementary grants).

Article 108 (Revenue administration)
amended 12 May 1969

(1) Customs, fiscal monopolies, the excise taxes subject to federal
legislation, including the import turnover tax, and charges imposed within the
framework of the European Communities shall be administered by federal revenue
authorities.  The organization of these authorities shall be regulated by
Federal law. The heads of the authorities at intermediate level shall be
appointed after consultation of the Land governments.
(2) All other taxes shall be administered by Land revenue authorities.
The organization of these authorities and the uniform training of their civil
servants may be regulated by a federal statute requiring the consent of the
Bundesrat.  The heads of authorities at the intermediate level shall be
appointed in agreement with the Federal Government.
(3) To the extent that taxes accruing wholly or in part to the Federation are
administered by Land revenue authorities, those authorities shall act as
agents of the Federation.  Paragraphs (3) and (4) of Article 85 shall apply,
the Federal Minister of Finance, however, being substituted for the Federal
Government.
(4) In respect of the administration of taxes, a federal statute requiring the
consent of the Bundesrat may provide for collaboration between federal and
Land revenue authorities, or in the case of taxes under paragraph (1) of this
Article for their administration by Land revenue authorities, or i the case of
other taxes for their administration by federal revenue authorities, where and
to the extend that the execution of revenue statutes is substantially improved
or facilitated thereby.  As regards taxes the revenue from which accrues
exclusively to communes or associations of communes, their administration may
wholly or in part be transferred by the Laender from the appropriate Land
revenue authorities to communes or associations of communes.
(5) The procedure to be applied by federal revenue authorities shall be laid
down by federal legislation.  The procedure to be applied by Land revenue
authorities or, as envisaged in the second sentence of paragraph 4 of this
Article, by communes or associations of communes may be laid down by federal
statute requiring the consent of the Bundesrat.
(6) The jurisdiction of revenue courts shall be uniformly regulated by federal
legislation.
(7) The Federal Government may issue appropriate general administrative rules
which, to the extent that administration is entrusted to Land revenue
authorities or communes or associations of communes, shall require the consent
of the Bundesrat.

Article 109* (Budget management in the Federation and the
Laender)

(1) The Federation and the Laender shall be autonomous and independent of each
other in their budget management.

(2) The Federation and the Laender shall have due regard in their budget
management to the requirements of overall economic equilibrium.

(3)** Through federal legislation requiring the consent of the Bundesrat,
principles applicable to both the Federation and the Laender may be
established governing budgetary law, responsiveness of budget management to
economic trends, and financial planning to cover several years ahead.

* As amended by federal statute of 8 June 1967 (Federal Law Gazette I p. 581).
** As amended by federal statute of 12 May 1969 (Federal Law Gazette I
D. 357).

(4) With a view to averting disturbances of the overall economic equilibrium,
federal legislation requiring the consent of the Bundesrat may be enacted
providing for:

1. maximum amounts, terms and timing of loans to be raised by territorial
entities (Gebietskoerperschaften) or special purpose associations
(Zweckverbaende), and
2. an obligation on the part of the Federation and the Laender to maintain
interest-free deposits at the Deutsche Bundesbank (reserves for
counterbalancing economic trends).

Authorizations to issue the relevant ordinances may be conferred o Federal
Government only. Such ordinances shall require the consent the Bundesrat. They
shall be repealed insofar as the Bundestag m~ demand; details shall be
regulated by federal legislation.

Article 110* (Budget and budget law of the Federation)

(1) All revenues and expenditures of the Federation shall be included in the
budget; in respect of federal enterprises and special assets, allocations
thereto or remittances therefrom need be included. The budget shall be
balanced as regards revenue and expenditure.

(2) The budget shall be laid down in a statute covering one year or several
fiscal years separately before the beginning of the first of those fiscal
years. Provision may be made for parts of the budget to apply to periods of
different duration, but divided into fiscal years.

(3) Bills within the meaning of the first sentence of paragraph (2) of this
Article as well as bills to amend the budget statute and the budget be
submitted simultaneously to the Bundesrat and to the Bundestag; the Bundesrat
shall be entitled to state its position on such bills within weeks or, in the
case of amending bills, within three weeks.
(4) The budget statute may contain only such provisions as apply to revenues
and expenditures of the Federation and to the period for which the budget
statute is being enacted. The budget statute may stipulate
-----------
* As amended by federal statute of 12 May 1969 (Federal Law Gazette I p.
-----------

these provisions shall cease to apply only upon the promulgation of the next
budget statute or, in the event of an authorization pursuant to Article 115,
at a later date.

Article 111 (Interim budget management)

(1) If, by the end of a fiscal year, the budget for the following year has not
been established by a law, the Federal Government may, until such law comes
into force, make all payments which are necessary:
     (a) to maintain institutions existing by law and to carry out measures
authorized by law;
     (b) to meet legal obligations of the Federation;
     (c) to continue building projects, procurements and other services or to
continue the grant of subsidies for these purposes, provided amounts have
already been authorized in the budget of a previous year.
(2) Insofar as revenues provided by special legislation and derived from
taxes, levies, or other sources, or the working capital reserves, do not
cover the expenditures set forth in paragraph 1, the Federal Government may
borrow the funds necessary for the conduct of current operations to a
maximum of one quarter of the total amount of the previous budget.


Article 112* (Expenditures in excess of budgetary estimates)
amended 12 May 1969

Expenditures in excess of budgetary appropriations and extra budgetary
expenditures shall require the consent of the Federal Minister of Finance.
Such consent may be given only in the case of an unforeseen and compelling
necessity. Details may be regulated by federal legislation.

Article 113* (Consent of the Federal Government to increases in
expenditures or decreases in revenue)

(1) Statutes increasing the budget expenditures proposed by the Federal
Government or involving or likely in future to cause new expenditures
shall require the consent of the Federal Government. This shall also apply
-----------------
* As amended by federal statute of 12 May 1969 (Federal Law Gazette Ip. 357)
-----------------
to statutes involving or likely in future to cause decreases in revenue. The
Federal Government may demand that the Bundestag postpone vote on such bills.
In this case the Federal Government shall state its position to the Bundestag
within six weeks.

(2) Within four weeks after the Bundestag has adopted such a bill, Federal
Government may demand that it votes on that bill again.

(3) Where the bill has become a statute pursuant to Article 78, the Fed,
Government may withhold its consent only within six weeks and only after
having initiated the procedure provided for in the third and fourth sentences
of paragraph (I) or in paragraph (2) of the present Article.  Upon the expiry
of this period such consent shall be deemed to have been given.

Article 114* (Rendering and auditing of accounts)

(1) The Federal Minister of Finance shall, on behalf of the Federal
Government, submit annually to the Bundestag and to the Bundesrat their
approval an account, covering the preceding fiscal year, of revenues and
expenditures as well as of property and debt.

(2) The Federal Audit Office, the members of which shall enjoy judicial
independence, shall audit the account and examine the management the budget
and the conduct of business as to economy and correctness.  The Federal Audit
Office shall submit an annual report directly to Federal Government as well as
to the Bundestag and to the Bundesrat In all other respects the powers of the
Federal Audit Office shall regulated by federal legislation.

Article 115* (Procurement of credit)

(1) The borrowing of funds and the assumption of pledges, guarantee or other
commitments, as a result of which expenditure may be incurred in future fiscal
years, shall require federal legislative authorization indicating, or
permitting computation of, the maximum amount involved. Revenue obtained by
borrowing shall not exceed the total expenditures for investments provided for
in the budget; exceptions shall
------------
* As amended by federal statute of 12 May 1969 (Federal Law Gazette I p. 357
------------
be permissible only to avert a disturbance of the overall economic
equilibrium. Details shall be regulated by federal legislation.

(2) In respect of special assets of the Federation, exceptions to the
provisions of paragraph ( I ) of this Article may be authorized by federal
legislation.

Xa.* STATE OF DEFENSE

Article 115a (Concept and determination of a state of Defense)

(1) The determination that federal territory is being attacked by armed force
or that such an attack is directly imminent (state of Defense) shall be made
by the Bundestag with the consent of the Bundesrat. Such determination shall
be made at the request of the Federal Government and shall require a two-
thirds majority of the votes cast, which shall include at least the majority
of the members of the Bundestag.

(2) Where the situation imperatively calls for immediate action and where
insurmountable obstacles prevent the timely assembly of the Bundestag, or
where there is no quorum in the Bundestag, the Joint Committee shall make this
determination with a two-thirds majority of the votes cast, which shall
include at least the majority of its members.

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

(4) Where the federal territory is being attacked by armed force and where the
competent bodies of the Federation are not in a position at once to make the
determination provided for in the first sentence of paragraph ( I ) of this
Article, such determination shall be deemed to have been made and promulgated
at the time the attack began. The Federal President shall announce such time
as soon as circumstances permit.

(5) Where the determination of the existence of a state of Defense has been
promulgated and where the federal territory is being attacked by armed force,
the Federal President may, with the consent of the Bundestag, issue
declarations under international law regarding the
---------
*Entire section Xa inserted by federal statute of ~4 June 1968 (Federal
Gazette I p. 711).
---------
existence of such state of Defense. Where the conditions mentioned in
paragraph (2) of this Article apply, the Joint Committee shall act in
substitution for the Bundestag.

Article 115b (Transfer of command to the Federal Chancellor)

Upon the promulgation of a state of Defense, the power of command over the
Armed Forces shall pass to the Federal Chancellor.

Article 115c (Extension of legislative powers of the Federation)

(1) The Federation shall have the right to legislate concurrently in respect
of a state of Defense even on matters within the legislative powers of the
Laender. Such statutes shall require the consent of the Bundesrat.
(2) Federal legislation to be applicable upon the occurrence of a state of
Defense to the extent required by conditions obtaining while such state of
Defense exists may make:
1. preliminary provision for compensation to be made in the event of property
being taken, in derogation of the second sentence of para- graph (3) of
Article 14;
2. provision for a time-limit other than that referred to in the third
sentence of paragraph (2) and the first sentence of paragraph (3) of Article
104 in respect of deprivations of liberty, but not exceeding four days at the
most, in a case where no judge has been able to act within the time- limit
applying in normal times.
(3)* Federal legislation to be applicable upon the occurrence of a state of
Defense to the extent required for averting an existing or directly imminent
attack may, subject to the consent of the Bundesrat, regulate the
administration and the financial system of the Federation and the Laender in
derogation of Sections Vlll, VIIIa and X, provided that the viability of the
Laender, communes and associations of communes is safeguarded, particularly in
financial matters.
(4) Federal statutes enacted pursuant to paragraph (1) or subparagraph 1 of
paragraph (2) of this Article may, for the purpose of preparing for
----------
*As amended by federal statute of 12 May 1969 (Federal Law Gazette I p. 359).
----------
their enforcement, be applied even prior to the occurrence of a state of
Defense.

Article 115d (Legislative process in the case of urgent bills)

(1) While a state of Defense exists, the provisions of paragraphs (2) and (3)
of this Article shall apply in respect of federal legislation, in derogation
of the provisions of paragraph (2) of Article 76, the second sentence of
paragraph (1) and paragraph (2) to (4) of Article 77, Article 78, and
paragraph (1) of Article 82.

(2) Bills submitted as urgent by the Federal Government shall be forwarded to
the Bundesrat at the same time as they are submitted to the Bundestag. The
Bundestag and the Bundesrat shall debate such bills together without delay.
Insofar as the consent of the Bundesrat is necessary, the majority of its
votes shall be required for any such bill to become a statute. Details shall
be regulated by rules of procedure adopted by the Bundestag and requiring the
consent of the Bundesrat.

(3) The second sentence of paragraph (3) of Article 115a shall apply mutatis
mutandis in respect of the promulgation of such statutes.

Article 115e (Powers of the Joint Committee)

(1) Where, in a state of Defense, the Joint Committee determines with a two-
thirds majority of the votes cast, which shall include at least the majority
of its members, that insurmountable obstacles prevent the timely assembly of
the Bundestag or that there is no quorum in the Bundestag, the Joint Committee
shall have the status of both the Bundestag and the Bundesrat and shall
exercise their rights as one body.
(2) The Joint Committee may not enact any statute to amend this Basic Law or
to deprive it of effect or application either in whole or in part.  The Joint
Committee shall not be authorized to enact statutes pursuant to paragraph (1)
of Article 24 or to Article 29.

Article 115f (Powers of the Federal Government)

(1) In a state of Defense, the Federal Government may, to the extent
necessitated by circumstances: 1. use the Federal Border Guard throughout the
federal territory;
2. issue instructions not only to federal administrative authorities but also
to Land governments and, where it deems the matter urgent, to Land
authorities, and may delegate this power to members of Land governments to be
designated by it.
(2) The Bundestag, the Bundesrat and the Joint Committee shall be informed
without delay of the measures taken in accordance with paragraph (1) of this
Article.

Article 115g (Status and functions of the Federal Constitutional
Court)

The constitutional status and the performance of the constitutional functions
of the Federal Constitutional Court and its judges shall not be impaired. The
Federal Constitutional Court Act may not be amended by a statute enacted by
the Joint Committee except insofar as such amendment is required. also in the
opinion of the Federal Constitutional Court, to maintain the capability of the
Court to function. Pending the enactment of such a statute, the Federal
Constitutional Court may take such measures as are necessary to maintain the
capability of the Court to carry out its work. Any decisions by the Federal
Constitutional Court in pursuance of the second and third sentences of this
Article shall require a two-thirds majority of the judges present.

Article 115h (Functioning capability of constitutional organs)

(1) Any legislative terms of the Bundestag or of Land parliaments due to
expire while a state of Defense exists shall end six months after the
termination of such state of Defense. A term of office of the Federal
President due to expire while a state of Defense exists, and the exercise of
his functions by the President of the Bundesrat in case of the premature
vacancy of the Federal President s office. shall end nine months after the
termination of such state of Defense. The term of office of a member of the
Federal Constitutional Court due to expire while a state of Defense exists
shall end six months after the termination of such state of Defense.
(2) Should the necessity arise for the Joint Committee to elect a Federal
Chancellor, the Committee shall do so with the majority o members; the Federal
President shall propose a candidate to the Joint Committee. The Joint
Committee can express its lack of confidence the Federal Chancellor only by
electing a successor with a two-thirds majority of its members.

(3) The Bundestag shall not be dissolved while a state of Defense exists.

Article 115i (Powers of the Land governments)

(1) Where the competent federal bodies are incapable of taking measures
necessary to avert the danger, and where the situation imperatively calls for
immediate independent action in individual pats of the federal territory, the
Land governments or the authorities or commissioners designated by them shall
be authorized to take, within their respective spheres of competence, the
measures provided for in paragraph (l) of Article 115f.  (2) Any measures
taken in accordance with paragraph (1) of the present Article may be revoked
at any time by the Federal Government, or, in relation to Land authorities and
subordinate federal authorities, by L minister-presidents.

Article 115k (Duration of validity of extraordinary legal provisions

(1) Statutes enacted in accordance with Articles 115c, 115e and 115g
as well as ordinances issued by virtue of such statutes, shall, for the
duration of their applicability, suspend law which is inconsistent with
such statutes or ordinances. This shall not apply to earlier legislation
enacted by virtue of Articles 115c, 115e or 115g.
(2) Statutes adopted by the Joint Committee, as well as ordinances is~
by virtue of such statutes, shall cease to have effect not later than
months after the termination of a state of Defense.
(3)* Statutes containing provisions that diverge from Articles 91a, '
1 04a, 106 and 107 shall apply no longer than the end of the second fiscal
----------
* As amended by federal statute of 12 May 1969 (Federal Law Gazette I p.
----------
year following upon the termination of a state of Defense. After such
termination they may, with the consent of the Bundesrat, be amended by federal
legislation so as to return to the provisions made in Sections VIIIa and X.

Article 115l (Repeal of extraordinary statutes and measures, termination of a
state of Defense, conclusion of peace)

(1) The Bundestag, with the consent of the Bundesrat, may at any time repeal
statutes enacted by the Joint Committee. The Bundesrat may demand that the
Bundestag make a decision on such matter. Any measures taken by the Joint
Committee or the Federal Government to avert a danger shall be revoked where
the Bundestag and the Bundesrat so decide.
(2) The Bundestag, with the consent of the Bundesrat, may at any time declare
a state of Defense terminated by a decision to be promulgated by the Federal
President. The Bundesrat may demand that the Bundestag make a decision on such
matter. A state of Defense shall, without delay, be declared terminated where
the prerequisites for the determination thereof no longer exist.
(3) The conclusion of peace shall be the subject of a federal statute.

XI. TRANSITIONAL AND CONCLUDING PROVISIONS

Article 116.

(1) Unless otherwise provided by law, a German within the meaning of this
Basic Law is a person who possesses German citizenship who has been admitted
to the territory of the German Reich, as it existed on December 31, 1937, as a
refugee or expellee of German stock or as the spouse or descendant of such
person.
(2) Former German citizens who between January 30, 1933 and May 8 1945, were
deprived of their citizenship for political, racial or religious reasons, and
their descendants, shall be re- granted German citizenship on application.
They are considered as not having been deprived of their German citizenship if
they have established their domicile in Germany after May 8, 1945 and have not
expressed a contrary intention.

Article 117. (1) Law which conflicts with Article 3, paragraph 2, remains in
force until adapted to this provision of the Basic Law, but not beyond March
31, 1953.
(2) Laws which restrict the right of freedom of movement in view of the
present housing shortage remain in force until repealed by Federal
legislation.

Article 118.

The reorganization of the territory comprising the Laender of Baden,
Wuerttemberg-Baden and Wuerttemberg-Hohenzollern may be effected
notwithstanding the provisions of Article 29, by agreement between the Laender
concerned. If no agreement is reached, the reorganization, will be regulated
by a Federal law which must provide for a referendum.

Article 119.

In matters relating to refugees and expellees, in particular as regards their
distribution among the Laender, the Federal Government with the consent of the
Bundesrat issue ordinances having the force of law, pending settlement of the
matter by Federal legislation. The Federal Government may in this matter be
authorized to issue individual instructions for particular cases. Except where
their is danger in delay, the instructions shall be addressed to the highest
Land authorities.

Article 120* (Occupation costs and burdens resulting from the war)

(1)** The Federation shall meet the expenditure for occupation costs and the
other internal and external burdens caused by the war, as regulated in detail
by federal legislation. To the extent that these costs and other burdens have
been regulated by federal legislation on or before I October 1969. the
Federation and the Laender shall meet such expenditure between them in
accordance with such federal legislation. Insofar as expenditures for such of
these costs and burdens as neither have been nor will be regulated by federal
legislation have been met on or before I October 1965 by Laender, communes.
associations of communes or other entities performing functions of the Laender
or the communes, the Federation shall not be obliged to meet expenditure of
that nature even where it arises after that date. The Federation shall pay the
subsidies towards the burdens of social insurance institutions. including
unemployment insurance and public assistance to the unemployed. The
distribution between the Federation and the Laender 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.
-----------
* As amended by federal statutes of 30 July 1965 (Federal Law Gazette I p. 649)
and of 28 July 1969 (Federal Law Gazette I p. 985).

** As amended by federal statute of 28 July 1969 (Federal Law Gazette I
p 985).
----------
(2) Revenue shall pass to the Federation at the same time as the latter
assumes responsibility for the expenditure referred to in this Article.

Article 120a. Added August 14, 1952. (1) Laws concerning the implementation of
the equalization of burdens may, with the consent of the Bundesrat, stipulate
that in the field of equalization benefits, they shall be executed partly by
the Federation and partly by the Laender acting as agents of the Federation,
and that the relevant powers vested in the Federal Government and the
competent highest Federal authorities by virtue of Article 5 shall be wholly
or partly delegated to the Federal Equalization Office. In the exercise of
these powers the Federal Equalization Office shall not require the consent of
the Bundesrat; with the exception of urgent cases, its instructions shall be
given to the highest Land authorities (Land Equalization Offices).  (2) The
provisions of Article 87, paragraph 3, second sentence, shall not be affected
hereby.

Article 121. Within the meaning of this Basic Law, a majority of the members
of the Bundestag and of the Federal Convention is the majority of the number
of their members established by law.

Article 122. (1) From the time of the first meeting of the Bundestag, laws
shall be passed exclusively by the legislative organs recognized in this Basic
Law .
(2) Legislative bodies and bodies participating in legislation in an advisory
capacity whose competence ends by virtue of paragraph 1, are dissolved from
that date.

Article 123. (1) Law in force before the first meeting of the Bundestag
remains in force, insofar as it does not conflict with the Basic Law.  (2)
Subject to all rights and objections of the interested parties, the State
treaties concluded by the German Reich concerning matters for which, under
this Basic Law, Land legislation is Competent remain in force, if they are and
continue to be valid in accordance with general principles of law, until new
State treaties are concluded by the agencies competent under this Basic Law,
or until they are in any other way terminated pursuant to their provisions.

Article 124. Law affecting matters within the exclusive power to legislate of
the Federation becomes Federal law wherever it is applicable.

Article 125. Law affecting matters within the concurrent power to legislate of
the Federation becomes Federal law wherever it is applicable:
1. Insofar as it applies uniformly within one or more zones of occupation;
2. Insofar as it is law by which former Reich law has been amended after
May 8, 1945.

Article 126. The Federal Constitutional Court decides disputes regarding
the continuance of law as Federal law.

Article 127 Within one year of the promulgation of this Basic Law the Federal
Government may, with the consent of the governments of the Laender concerned,
extend to the Laender of Baden, Greater Berlin, Rhineland- Palatinate and
Wuerttemberg-Hohenzollern any legislation of the Bizonal Economic
Administration, insofar as it continues to be in force as Federal law under
Articles 124 or 125.

Article 128. Insofar as law continuing in force provides for powers to give
instructions within the meaning of Article 84, paragraph 5, these powers
remain in existence until otherwise provided by law.

Article 129. (1) Insofar as legal provisions which continue in force as
Federal law contain an authorization to issue ordinances having the force of
law or general administrative rules or to perform administrative acts, the
authorization passes to the agencies henceforth competent in the matter. In
cases of doubt, the Federal Government will decide in agreement with the
Bundesrat; the decision must be published.
(2) Insofar as legal provisions which continue in force as Land law contain
such an authorization, it will be exercised by the agencies competent under
Land law.
(3) Insofar as legal provision within the meaning of paragraphs 1 and 2
authorize their amendment or supplementation or the issue of legal provisions
in place of laws, these authorizations have expired.
(4) The provisions of paragraphs I and 2 apply mutatis mutandis whenever legal
provisions refer to regulations no longer valid or to institutions no longer
in existence.

Article 130. (1) Administrative agencies and other institutions which serve
the public administration or the administration of justice and are not
based on Land law or treaties between Laender, as well as the Association
of Management of Southwest German Railroads and the Administrative Council
for the Postal Services and Telecommunications of the French Zone of
Occupation, are placed under the Federal Government. The Federal Government
provides with the consent of the Bundesrat for their transfer, dissolution
or liquidation.
(2) The highest disciplinary superior of the personnel of these
administrations and institutions is the appropriate Federal Minister.
(3) Bodies corporate and institutions of public law no directly under a
Land and not based on treaties between Laender, are under the supervision
of the appropriate highest Federal author.

Article 131. Federal legislation shall regulate the legal status of persons,
including refugees and expellees, who on May 8, 1945, were employed in the
public service, have left the service for reasons other than those arising
from civil service regulations or collective agreement rules, and have not
until now been employed or are employed in a position not corresponding to
their former one. The same applies mutatis mutandis to persons, including
refugees and expellees, who, on May 8, 1945 were entitled to a pension or
other assistance and who no longer receive any assistance or any commensurate
assistance for reasons other than those arising from civil service regulations
or collective agreement rules. Until the Federal law comes into force, no
legal claims can be made, unless otherwise provided by Land legislation.

Article 132. (1) Civil servants and Judges who, when the Basic Law comes into
force, are appointed for life, may within six months after the first meeting
of the Bundestag, be placed on the retired list or waiting list or be
transferred to another one with lower remuneration, if they lack the personal
or professional aptitude for their office. This provision applies mutatis
mutandis also to salaried employees whose service cannot be terminated by
notice.  In the case of salaried employer whose services can be terminated by
notice, periods of notice in excess of the periods fixed by collective
agreement rules may be canceled within the same period.
(2) This provision does not apply to members of the public service who are not
affected by the provisions regarding the liberation from National Socialism
and militarism or who are recognized victims of National Socialism unless
there is an important reason with respect to their personality.
(3) Those affected may have recourse to the courts in accordance with Article
19, paragraph 4.
(4) Details will be regulated by an ordinance of the Federal Government which
requires the consent of the Bundesrat.

Article 133. The Federation succeeds to the rights and obligations of the
Bizonal Economic Administration.

Article 134. (1) Reich property becomes in principle Federal properly. (2)
Insofar as the property was originally intended to be used predominantly
for administrative tasks which, under this Basic Law, are no administrative
tasks of the Federation, it shall be transferred without compensation to
the authorities not charged with such tasks, and to the Laender insofar as
it is being used at present, and not merely temporarily, for administrative
tasks which under the Basic Law are now within the administrative functions
of the Laender. The Federation may also transfer other property to the
Laender.
(3) Property which was placed at the disposal of the Reich by the Laender
and communities (associations of communities) without compensation shall
again become the property of the Laender and communities (community
associations), insofar as it is not required by the Federation for its own
administrative tasks.
(4) Details will be regulated by a Federal law which requires the consent
of the Bundesrat.

Article 135. (1) If after May 8, 1945, and before the coming into force of
this Basic Law an area has passed from one Land to another, the Land to
which the area now belongs is entitled to the property located therein of
the Land to which it formerly belonged.
(2) Property of Laender and other bodies-corporate and institutions under
public law, which no longer exist, passes insofar as it was originally
intended lo be used predominantly for administrative tasks or is being used
at present, and not merely temporarily, predominantly for administrative
tasks, to the Land or the body-corporate or institution under public law
which now discharges these tasks.
(3) Real estate of Laender which no longer exists, including appurtenances,
passes to the Land within which it is located insofar as it is not included
among property within the meaning of paragraph 1.
(4) If an overriding interest of the Federation or the particular interest
of an area so requires, a settlement deviating from paragraph 1 to 3 may be
effected by Federal Law.
(5) For the rest, the succession in law and the settlement of the property,
insofar as it has not been affected before January 1 1952, by agreement
between the Laender or bodies-corporate or institutions under public law
concerned will be regulated by a Federal law which requires the counsel of
the Bundesrat.
(6) Interests of the former Land of Prussia in enterprises under private
law pass to the Federation. A Federal law which may also deviate from this
provision, will regulate details.
(7) Insofar as, on the coming into force of the Basic Law, property which
would fall to a Land or body-corporate or institution under public law
pursuant to paragraph 1 to 3 had been disposed of through or under
authority of a Land law or in any other manner by the party thus entitled,
the passing of the property is deemed to have taken place before such
disposition.

Article 135a
(amended 31 August 1990 & 23 September 1990)

(1) The legislation reserved to the Federation in Article 134,
paragraph (4), and Article 135, paragraph (5), may also stipulate that the
following liabilities shall not be discharged, or not to heir full extent:
1. Liabilities of the Reich or liabilities of the former Land Prussia or
liabilities of such other bodies-corporate and institutions under public
law as no longer exist;
2.  such liabilities of the Federation or other bodies-corporate and
institutions under public law as are connected with the transfer of
properties pursuant to Articles 89, 90, 134 or 135, and such liabilities of
the same as arise from measures taken by the holders of rights defined
under item 1;
3. such liabilities of Laender or communes (associations of communes) as
have arisen from measures taken by these holders of rights before August 1,
1945, within the sphere of administrative functions incumbent upon, or
delegated by, the Reich to comply with regulations of occupying Powers or
to remove a state of emergency due to the war.
(2) Paragraph 1 above shall be applied mutatis mutandis to liabilities of
the German Democratic Republic or its legal entities as well as to
liabilities of the Federation or other corporate bodies and institutions
under public law which are connected with the transfer of properties of
the German Democratic Republic to the Federation, Laender and communes
(Gemeinden), and to liabilities arising from measures taken by the German
Democratic Republic or its legal entities.

Article 136. (1) The Bundesrat assembles for the first time on the day of
the first meeting of the Bundestag.
(2) Until the election of the first Federal President his powers will be
exercised by the President of the Bundesrat. He has not the right to
dissolve the Bundestag.

Article 137. (1) The right of civil servants, of salaried employees of the
public services, of professional soldiers, of temporary volunteer soldiers
and of judges to stand for election in the Federation, in the Laender or in
the communes may be restricted by legislation.
(2) The Electoral Law to be adopted by the Parliamentary Council applies to
the election of the first Bundestag of the first Federal Convention and of
the first Federal President of the Federal Republic.
(3) The function of the Federal Constitutional Court pursuant to Article
41, paragraph 2, shall, pending its establishment, be exercised by the
German High Court for the Combined Economic Area, which shall decide in
accordance with its rules of procedure.

Article 138. Changes in the rules relating to notaries as they now exist in
the Laender of Baden, Bavaria, Wuerttemberg-Baden and Wuerttemberg-
Hohenzollern, require the consent of the governments of these Laender.

Article 139. The provisions of law enacted for the liberation of the German
people from National Socialism and Militarism are not affected by the
provisions of this Basic Law.

Article 140. The provisions of Articles 136, 137, 138, 139 and 141 of the
German Constitution of August 11, 1919, are an integral part of this Basic
Law.

Article 141. Article 7, paragraph 3 first sentence, has no application in a
Land in which different provisions of Land law were in force on January 1,
1949.

Article 142. Notwithstanding the provision of Article 31, such provisions
of Land Constitutions as guarantee basic rights in conformity with Articles
1 to 18 of this Basic Law also remain in force.

Article 142a (Repealed)

Article 143**

(1) Law in the territory specified in Article 3 of the Unification Treaty may
deviate from provisions of this Basic Law for a period not extending beyond 31
December 1992 in so far as and as long as no complete adjustment to the order
of the Basic Law can be achieved as a consequence of the different conditions.
Deviations must not violate Article 19 (2) and must be compatible with the
principles set out in Article 79 (3).
(2) Deviations from sections II, VIII, VIIIa, IX, X and XI are permissible
for a period not extending beyond 31 December 1995.
(3) Notwithstanding paragraphs 1 and 2 above, Article 41 of the Unification
Treaty and the rules for its implementation shall remain valid in so far as
they provide for the irreversibility of intrusion on property in the territory
specified in Article 3 of the said Treaty.

Article 144. (1) This Basic Law requires ratification by the representative
assemblies in two-thirds of the German Laender in which it is for the time
being to apply. (2) Insofar as the application of this Basic Law is subject
to restrictions in any Land listed in Article 23 or in any part of such
Land, the Land or the part thereof has the right to send representatives to
the Bundestag in accordance with Article 38 and to the Bundesrat in
accordance with Article 50.

Article 145. (1) The Parliamentary Council shall note in public session, with
the participation of the representatives of Greater Berlin, the ratification
of this Basic Law and shall sign and promulgate it.  (2) This Basic Law shall
come into force at the end of the day of promulgation.
(3) It shall be published in the Federal Gazette.

Article 146 (Duration of validity of the Basic Law) (amended by Unification
Treaty of 31 August 1990 and federal statute 23 September 1990).

This Basic Law, which is valid for the entire German people following the
achievement of the unity and freedom of Germany, shall cease to be in force on
the day on which a constitution adopted by a free decision of the German
people comes into force.


------------
Note:  following is extract from the German Constitution of 11 August 1919
(Weimar Constitution)
------------
APPENDIX TO BASIC LAW

Articles 136-137-138-139 and 141 of the Section "Religion and religious
Associations" of the Weimar Constitution incorporated into the Basic law
for the Federal Republic of Germany pursuant to Article 140 thereof.

Article 136. (Weimar Constitution)

Civil and political rights and duties are neither dependent upon nor
restricted by the practice of religious freedom.

     The enjoyment of civil and political rights, as well as admission to
official posts, is independent of religious creed.
     No one is bound to disclose his religious convictions. The authorities
have the right to make enquiries as to membership of a religious body only
when rights and duties depend upon it, or when the collection of statistics
ordered by law requires it.
     No one may be compelled to take part in any ecclesiastical act or
ceremony, or the use of any religious form of oath.

Article 137. (Weimar Constitution)

     There is no state church.

     Freedom of association is guaranteed to religious bodies. 1 here are
no restrictions as to the union of religious bodies within the territory of
the Federation.
     Each religious body regulates and administers its affairs
independently within the limits of general laws. It appoints its officials
without the cooperation of the Land, or of the civil community.
     Religious bodies acquire legal rights in accordance with the general
regulations of the civil code.
     Religious bodies remain corporations with public rights in so far as
they have been so up to the present.
     Equal rights shall be granted to other religious bodies upon
application, if their constitution and the number of their members offer a
guarantee of permanency.
     When several such religious bodies holding public rights combine to
form one union this union becomes a corporation of a similar class.
     Religious bodies forming corporations with public rights are entitled
to levy taxes on the basis of the civil tax rolls, in accordance with the
provisions of Land law.
     Associations adopting as their work the common encouragement of a
world-philosophy shall be placed upon an equal footing with religious
bodies.
     So far as the execution of these provisions may require further
regulation, this is the duty of the Land legislature. Article 138. (Weimar
Constitution)
     Land connections with religious bodies, depending upon law, agreement
or special legal titles, are dissolved by Land legislation. The principle
for such action shall be laid down by the Federal Government.
     Ownership and other rights of religious bodies and unions to their
institutions, foundations, and other properties devoted to purposes of
public worship, education or charity, are guaranteed.

Article 139. (Weimar Constitution)

     Sundays and holidays recognized by the Land shall remain under legal
protection as days of rest from work and for the promotion of spiritual
purposes.

Article 141. (Weimar Constitution)

Religious bodies shall have the right of entry for religious purposes into
the army, hospitals, prisons, or other public institutions, so far as is
necessary for the arrangement of public worship or the exercise of pastoral
offices, but every form of compulsion must be avoided.
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17 August 1993