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