Following provided courtesy of General Electric's Germany & Europe
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of the Federal Republic of Germany (English translation revised by
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                 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