Germany > Constitution ToC

{ Adopted on: 23 May 1949 }

{ Last amended on: 11 July 2012 }

{ Official name: The Basic Law (Grundgesetz) }

{ ICL Document Status: 8 Oct 2013 }

{ Editor's Note:

An annotated version of the ICL-edition is available as a book (ISBN 9-783-8370-0712-1) and the most recent annotated text in PDF-Format is available as a free download at http://ssrn.com/abstract=1501131.

This is an unofficial translation. The ICL-edition consolidates the text up to and including the 59th Amendment of 11th July 2012. Following the ICL translation standards, some terms are translated specifically to prepare the text for search engines, e.g., 'Länder' as 'States', 'Bundestag' as 'House of Representatives', 'Bundesrat' as 'Senate', 'Bundesbank' as 'Federal Bank'. This does in no way imply any similarity of those institutions with the respective U.S. institutions. German terms have been added in square brackets to clarify the matter and to distinguish references to single States [Länder] from the generic term 'state' (i.e., Federation and/or States).

The translation uses abbreviated cross references for articles, paragraphs and sentences, writing "Article 10 II 2" instead of "Article 10, Paragraph 2, Sentence 2". While such cross references contain roman numbers for paragraphs, within the text of German statutes those same paragraphs are commonly numbered with ordinary digits in round brackets. Accordingly, you will have to look for the section of Article 10 that starts with "(2)" and then go to the second sentence. Literal translation has been used for the brief provisions of Basic Rights (Chapter I). The lenghty text of all other chapters, however, has been translated freely to make it more readable. }

Conscious of their responsibility before God

federal

future generations

and men, moved by the purpose to serve world peace as an equal part in a unified Europe, the German People have adopted, by virtue of their constituent power, this Constitution. The Germans in the States [Länder] of Baden-Wurttemberg, Bavaria, Berlin, Brandenburg, Bremen, Hamburg, Hesse, Lower Saxony, Mecklenburg-Western Pomerania, North Rhine-Westphalia, Rhineland-Palatinate, Saarland, Saxony, Saxony-Anhalt, Schleswig-Holstein and Thuringia have achieved the unity and freedom of Germany in free self-determination. This Constitution is thus valid for the entire German People.(1) Human dignity is 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 human community, of peace, and of justice in the world.(3) The following basic rights are binding on legislature, executive, and judiciary as directly valid law.(1) Everyone has the right to free development of his personality insofar as he does not violate the rights of others or offend against the constitutional order or morality.(2) Everyone has the right to life and to physical integrity. The freedom of the person is inviolable. Intrusion on these rights may only be made pursuant to a statute.(1) All humans are equal before the law.(2) Men and women are equal. The state supports the effective realization of equality of women and men and works towards abolishing present disadvantages.(3) No one may be disadvantaged or favored because of his sex, parentage, race, language, homeland and origin, his faith, or his religious or political opinions. No one may be disadvantaged because of his handicap.(1) Freedom of creed, of conscience, and freedom to profess a religious or non-religious faith are inviolable.(2) The undisturbed practice of religion is guaranteed.(3) No one may be compelled against his conscience to render war service involving the use of arms. Details are regulated by a federal statute.(1) Everyone has the right to freely express and disseminate his opinion in speech, writing, and pictures and to freely inform himself from generally accessible sources. Freedom of the press and freedom of reporting by means of broadcasts and films are guaranteed. There may be no censorship.(2) These rights are subject to limitations in the provisions of general statutes, in statutory provisions for the protection of the youth, and in the right to personal honor.(3) Art and science, research and teaching are free. The freedom of teaching does not release from allegiance to the constitution.(1) Marriage and family are under the special protection of the state.(2) Care and upbringing of children are the natural right of the parents and primarily their duty. The state supervises the exercise of the same.(3) Against the will of the persons entitled to their upbringing, children may only be separated from the family, pursuant to a statute, where those so entitled failed or where, for other reasons, the children are endangered to become seriously neglected.(4) Every mother is entitled to protection by and care of the community.(5) Children out of wedlock, by legislation, have to be provided with the same conditions for their physical and mental development and for their place in society as are legitimate children.(1) The entire schooling system stands under the supervision of the state.(2) Persons entitled to the upbringing of a child have the right to decide whether the child has to attend religion classes.(3) Religion classes form part of the ordinary curriculum in state schools, except for secular schools. Without prejudice to the state's right of supervision, religious instruction is given in accordance with the tenets of the religious communities. No teacher may be obliged against his will to give religious instruction.(4) The right to establish private schools is guaranteed. Private schools, as a substitute for state schools, require the approval of the state and are subject to the statutes of the States [Länder]. Such approval has to be given where private schools are not inferior to the state schools in their educational aims, their facilities, and the professional training of their teaching staff, and where segregation of pupils according to the means of their parents is not encouraged. Approval has to be withheld where the economic and legal position of the teaching staff is not sufficiently assured.(5) A private elementary school has to be permitted only where the education authority finds that it serves a special pedagogic interest, or where, on the application of persons entitled to upbringing of children, it is to be established as an interdenominational school or as a school based on a particular religious or non-religious faith and only if a state elementary school of this type does not exist in the commune.(6) Preliminary schools remain abolished.(1) All Germans have the right, without prior notification or permission, to assemble peaceably and unarmed.(2) With regard to openair assemblies, this right may be restricted by or pursuant to a statute.(1) All Germans have the right to form clubs and societies.(2) Associations, the purposes or activities of which conflict with criminal statutes or which are directed against the constitutional order or the concept of international understanding, are prohibited.(3) The right to form associations to safeguard and improve working and economic conditions is guaranteed to everyone and for all professions. Agreements which restrict or seek to impair this right are null and void, measures directed to this end are illegal. Measures taken pursuant to Articles 12a, 35 II & III, 87a IV, or 91 may not be directed against industrial conflicts engaged in by associations to safeguard and improve working and economic conditions in the sense of the first sentence of this paragraph.(1) The privacy of letters as well as the secrecy of post and telecommunication are inviolable.(2) Restrictions may only be ordered pursuant to a statute. Where a restriction serves the protection of the free democratic basic order or the existence or security of the Federation or a State [Land], the statute may stipulate that the person affected shall not be informed and that recourse to the courts shall be replaced by a review of the case by bodies and auxiliary bodies appointed by Parliament.(1) All Germans enjoy freedom of movement throughout the federal territory.(2) This right may be restricted only by or pursuant to a statute and only in cases in which an adequate basis for personal existence is lacking and special burdens would result therefrom for the community, or in which such restriction is necessary to avert an imminent danger to the existence or the free democratic basic order of the Federation or a State [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.(1) All Germans have the right to freely choose their occupation, their place of work, and their place of study or training. The practice of an occupation can be regulated by or pursuant to a statute.(2) No person may be forced to perform work of a particular kind except within the framework of a traditional compulsory community service that applies generally and equally to all.(3) Forced labor may be imposed only on persons deprived of their liberty by court sentence.(1) Males who have attained the age of eighteen years can be required to serve in the Armed Forces, in the Federal Border Guard, or in a civil defense organization.(2) A person who refuses, on grounds of conscience, to render war service involving the use of arms can be required to render a substitute service. The duration of such substitute service may not exceed the duration of military service. Details are regulated by a statute which may not interfere with the freedom to take a decision based on conscience and which must also provide for the possibility of a substitute service not connected with units of the Armed Forces or of the Federal Border Guard.(3) Persons liable to military service who are not required to render service pursuant to Paragraph I or II can, during a state of defense, be assigned by or pursuant to a statute to an employment involving civilian services for defense purposes, including the protection of the civilian population; assignments to employments subject to public law are only admissible for the purpose of discharging police functions or such other functions of public administration as can only be discharged by persons employed under public law. Employments according to the first sentence of this paragraph can also be established with the Armed Forces, in the area of their supply services, or with public administrative authorities; assignments to employment connected with supply services for the civilian population are only admissible to provide for their vital provisions or to guarantee their safety.(4) Where, during a state of 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 fiftyfive years of age can be assigned to such services by or pursuant to a statute. They may in no case be obliged to render service involving the use of arms.(5) Prior to the existence of a state of defense, assignments under Paragraph III may only be made where the requirements of Article 80a I are satisfied. To prepare services mentioned in Paragraph III for which special knowledge or skills are required, persons can be obliged by or pursuant to a statute to attend training courses. Insofar, the first sentence of this paragraph does not apply.(6) Where, during a state of defense, staffing requirements for the purposes referred to in Paragraph III 1 cannot be met on a voluntary basis, the freedom of Germans to quit the pursuit of his occupation or quit his place of work may be restricted by or pursuant to a statute in order to meet these requirements. Paragraph V 1 equally applies prior to the existence of a state of defense.(1) The home is inviolable.(2) Searches may be ordered only by a judge or, in the event of danger resulting from any delay, by other organs legally specified, and they may be carried out only in the form prescribed by law.(3) If specific facts lead to the assumption that someone has committed a very grave crime, technical means of eavesdropping in homes where that person probably stays may be ordered by court if the investigation by other means would be unproportionally obstructed or without chance of success. The measure has to be limited. The order is issued by a court of three justices. In the event of danger resulting from any delay, the order can be issued by a single judge.(4) To avoid urgent danger to public safety, particularly general or mortal danger, technical means of eavesdropping in homes may only be used on the order of a judge. In the event of danger resulting form any delay, those actions may be ordered by other authorities empowered by law; the subsequent decision of a judge has to be arranged for without delay.(5) In the case of technical means being exclusively ordered for the protection of investigators during their activity in homes, the measure can be ordered by those authorities empowered by law. Evidence from such investigation may be used for other purposes only to conduct criminal prosecution or avoid danger and only if the legality of the measure has been stated by court order; in the event of danger resulting form any delay, a subsequent court order has to be arranged for without delay.(6) The Government provides yearly reports to the House of Representatives [Bundestag] about those measures conducted according to Paragraph III as well as according to Paragraph IV and, as far as court orders are necessary, Paragraph V in the domain of federal authority. A committee elected by the House of Representatives [Bundestag] conducts parliamentary control on the basis of this report. The States [Länder] provide for equivalent control.(7) Intrusions and restrictions may otherwise only be made to avert a general danger or a mortal danger to individuals, or, pursuant to a statute, to prevent present danger to public safety and order, particularly to relieve a housing shortage, to combat the danger of epidemics, or to protect endangered juveniles.(1) Property and the right of inheritance are guaranteed. Their content and limits are determined by statute.(2) Property imposes duties. Its use should also serve the public weal.(3) Expropriation is only permissible for the public good. It may be imposed only by or pursuant to a statute regulating the nature and extent of compensation. Such compensation has to be determined by establishing an equitable balance between the public interest and the interests of those affected. Regarding disputes about the amount of compensation, recourse to the courts of ordinary jurisdiction is available.Land, natural resources, and means of production can, for the purpose of socialization, be transferred to public ownership or other forms of collective enterprise by a statute regulating the nature and extent of compensation. Regarding such compensation, Article 14 III 3 & 4 also applies.(1) German citizenship may not be taken away. The loss of citizenship may only be imposed pursuant to a statute and against the will of the person affected only where such person does not become stateless as a result thereof.(2) No German may be extradited to a foreign country. The law can provide otherwise for extraditions to a member state of the European Union or to an international court of justice as long as the rule of law is upheld.(1) Persons persecuted on political grounds enjoy the right of asylum.(2) The right of Paragraph I cannot claim who enters from a European Communities country or from another country where the application of the Convention on the Legal Status of Refugees and the Convention to Protect Human Rights and Civil Liberties is ensured. Countries outside of the European Communities for which the prerequisites of the first sentence hold true are determined by a statute requiring the consent of the Senate [Bundesrat]. In the cases of the first sentence, measures to end a stay can be effectuated independent of recourse to the course sought against these measures.(3) By statute requiring the consent of the Senate [Bundesrat], countries can be determined in which on the basis of law, law application, or general political conditions it seems to be guaranteed that neither persecution on political grounds nor inhuman or derogatory punishment and treatment takes place. A foreigner from such a state is presumed to not being persecuted unless he asserts facts supporting that, contrary to this presumption, he is politically persecuted.(4) The effectuation of measures to end a stay will, in the cases of Paragraph III and in other cases where the claim to stay is obviously unfounded or is regarded as obviously unfounded, only be suspended by court order if serious doubts arise concerning the legality of the measure; the scope of scrutiny can be limited and delayed assertions ignored. Details are regulated by a statute.(5) Paragraphs I to IV are not contrary to public law contracts of European Communities member states among each other and with other countries which, honoring the obligations arising from the Convention on the Legal Status of Refugees and the Convention to Protect Human Rights and Civil Liberties the application of which has to be ensured in the contracting countries, regulate responsibilities to examine claims of asylum including mutual acknowledgement of asylum decisions.Everyone has the right, individually or jointly with others, to address written requests or complaints to the competent agencies and to parliaments.(1) Statutes concerning military service and substitute service can, by provisions applying to members of the Armed Forces and of the substitute services during their period of military or substitute service, restrict the basic right to freely express and disseminate opinions in speech, writing, and pictures (first halfsentence of Article 5 I), the basic right of assembly (Article 8), and the right of petition (Article 17) insofar as this right permits the submission of requests or complaints jointly with others.(2) Statutes serving defense purposes including the protection of the civilian population can provide for the restriction of the basic rights of freedom of movement (Article 11) and inviolability of the home (Article 13).Whoever abuses freedom of expression of opinion, in particular freedom of the press (Article 5 I), freedom of teaching (Article 5 III), freedom of assembly (Article 8), freedom of association (Article 9), privacy of letters and secrecy of post and telecommunication (Article 10), property (Article 14), or the right to asylum (Article 16a) in order to combat the free democratic basic order forfeits these basic rights. Such forfeiture and the extent thereof is determined by the Federal Constitutional Court.(1) Insofar as a basic right may, under this Constitution, be restricted by or pursuant to a statute, such statute must apply generally and not solely to an individual case. Furthermore, such statute must name the basic right, indicating the relevant Article.(2) In no case may the essence of a basic right be infringed.(3) Basic rights also apply to domestic corporations to the extent that the nature of such rights permits.(4) Should any person's rights be violated by public authority, recourse to the court is open to him. Insofar as no other jurisdiction has been established, recourse is available to the courts of ordinary jurisdiction. Article 10 II 2 is not affected by the provisions of this paragraph.(1) The Federal Republic of Germany is a democratic and socialstate.(2) All state authority emanates from the people. It is being exercised by the people through elections and voting and by specific organs of the legislature, the executive power, and the judiciary.(3) Legislation is subject to the constitutional order; the executive and the judiciary are bound by law and justice.(4) All Germans have the right to resist any person seeking to abolish this constitutional order, should no other remedy be possible.The state, also in its responsibility for, protects the natural foundations of life and the animals in the framework of the constitutional order, by legislation and, according to law and justice, by executive and judiciary.(1) The political parties participate in the forming of the political will of the people. They may be freely established. Their internal organization must conform to democratic principles. They have to publicly account for the sources and use of their funds and for their assets.(2) Parties which, by reason of their aims or the behavior of their adherents, seek to impair or abolish the free democratic basic order or to endanger the existence of the Federal Republic of Germany are unconstitutional. The Federal Constitutional Court decides on the question of unconstitutionality.(3) Details are regulated by federal statutes.(1) The capital of the Federal Republic of Germany is Berlin. The representation of the whole state in the capital is a task of the federation. Details are regulated by federal statute.(2) The federal flag is black, red, and gold.(1) To realize a unified Europe, Germany participates in the development of the European Union which is bound to democratic, rule of law, social, and federal principles as well as the principle of subsidiarity and provides a protection of fundamental rights essentially equivalent to that of this Constitution. The federation can, for this purpose and with the consent of the Senate [Bundesrat], delegate sovereign powers. Article 79 II & III is applicable for the foundation of the European Union as well as for changes in its contractual bases and comparable regulations by which the content of this Constitution is changed or amended or by which such changes or amendments are authorized.(1a) The House of Representatives [Bundestag] and the Senate [Bundesrat] have the right to challenge violations of the principle of subsidiarity by legislative acts of the European Union before the Court of the European Union. The House of Representatives [Bundestag] is dutybound to do so upon the motion of one quarter of its members. By statute requiring the consent of the Senate [Bundesrat], regarding the exercise of rights of the House of Representatives [Bundestag] and the Senate [Bundesrat] under the contractual bases of the European Union, exceptions may be authorized to Article 42 II 1 and Article 52 III 1.(2) The House of Representatives [Bundestag] and the States [Länder], by their representation in the Senate [Bundesrat], participate in matters of the European Union. The Government has to thoroughly inform House of Representatives [Bundestag] and Senate [Bundesrat] at the earliest possible time.(3) The Government allows for statements of the House of Representatives [Bundestag] before it takes part in drafting European Union laws. The Government considers statements of the House of Representatives [Bundestag] during deliberations. Detail are regulated by federal statute.(4) The Senate [Bundesrat] has to be included in the deliberations of the House of Representatives [Bundestag] insofar as it would have to participate in a domestic measure or insofar as the States [Länder] would be accountable domestically.(5) Insofar as, in the area of exclusive legislative competence of the Federation, the interests of the States [Länder] are affected or insofar as, in all other cases, the Federation has legislative competence, the Government considers the statement of the Senate [Bundesrat]. If legislative competencies of the States [Länder], the installation of their agencies, or their procedures are centrally affected, the opinion of the Senate [Bundesrat] has to be considered as decisive for the Federation's deliberation; the responsibility of the Federation for the whole state has to be maintained in the process. The consent of the Government is necessary in matters possibly resulting in higher expenses or lower revenues for the Federation.(6) Where exclusive legislative competencies of the States [Länder] are centrally affected in the areas of school education, culture, or broadcasting, the exercise of the Federal Republic of Germany's rights as member state of the European Union is delegated to a representative of the States [Länder] assigned by the Senate [Bundesrat]. These rights are exercised with participation of and in coordination with the Government; the responsibility of the Federation for the whole state has to be maintained in the process.(7) Details of Paragraphs IV to VI are regulated by a statute requiring the consent of the Senate [Bundesrat].(1) The Federation may by legislation transfer sovereign powers to intergovernmental institutions.(1a) Insofar as the States [Länder] are responsible for the exercise of state rights and the discharge of state duties, they can, with consent of the Government, delegate sovereign powers to institutions for neighborhood at state borders.(2) For the maintenance of peace, the Federation may join a system of mutual collective security; in doing so it will consent to such limitations upon its rights of sovereignty as will bring about and secure a peaceful and lasting order in Europe and among the nations of the world.(3) For the settlement of disputes between States [Länder], the Federation will accede to agreements concerning international arbitration of a general, comprehensive, and obligatory nature.The general rules of public international law constitute an integral part of federal law. They take precedence over statutes and directly create rights and duties for the inhabitants of the federal territory.(1) Acts with the potential to and undertaken with intent to disturb the peaceful relations between nations, especially to prepare war or aggression, are unconstitutional. They have to be made a criminal offence.(2) Weapons designed for warfare may not be manufactured, transported, or marketed except with the permission of the Government. Details are regulated by a federal statute.All German merchant vessels form one merchant fleet.(1) The constitutional order in the States [Länder] must conform to the principles of the republican, democratic, and social state under the rule of law, within the meaning of this Constitution. In each of the States [Länder], counties, and communes, the people has to be represented by a body chosen in general, direct, free, equal, and secret elections. During elections in counties and communes, persons who possess the citizenship of a European Community country are eligible to vote and being elected according to the laws of the European Community. In communes, the communal assembly can take the place of an elected body.(2) The communes must be guaranteed the right to regulate, on their own responsibility, all the affairs of the local community within the limits set by statute. Within the framework of their statutory functions, the associations of communes have such right to self-government as may be provided by statute. The right to self-government also encompasses the foundations of financial accountability; part of this foundation is the communes' right to raise their tax shares according to local economic performance.(3) The Federation ensures that the constitutional order of the States [Länder] conforms to the basic rights and to the provisions of Paragraphs I & II.(1) A new delimitation of federal territory may be made to ensure that the States [Länder] by their size and capacity are able effectively to fulfill their functions. Due regard has to be given to regional, historical, and cultural ties, economic expediency, and the requirements of regional policy and planning.(2) Measures for a new delimitation of federal territory are effected by federal statutes requiring confirmation by referendum. The States [Länder] thus affected have to be consulted.(3) A referendum is held in the States [Länder] from whose territories or partial territories a new State [Land] or a State with redefined boundaries is to be formed (affected States). The referendum is held on the question whether the affected States [Länder] are to remain within their existing boundaries or whether the new State [Land] or State with redefined boundaries should be formed. The referendum is deemed to be in favor of the formation of a new State [Land] or of a State [Land] with redefined boundaries where approval is given to the change by a majority in the future territory of such State [Land] and by a majority in all the territories or partial territories of an affected State [Land] whose assignment to a State [Land] is to be changed in the same sense. The referendum is deemed not to be in favor where in the territory of one of the affected States [Länder] a majority reject the change; such rejection is, however, of no consequence where in one part of the territory whose assignment to the affected State [Land] is to be changed a majority of twothirds approve of the change, unless in the entire territory of the affected State [Land] a majority of twothirds reject the change.(4) Where in a clearly definable area of interconnected population and economic settlement, the parts of which lie in several States [Länder] and which has a population of at least one million, one tenth of those of its population entitled to vote in House of Representatives [Bundestag] elections petition by popular initiative for the assignment of that area to one State [Land], provision is made within two years in a federal statute determining whether the delimitation of the affected States [Länder] is changed pursuant to Paragraph II or determining that a plebiscite is held in the affected States [Länder].(5) The plebiscite establishes whether approval is given to a change of States [Länder] delimitation to be proposed in the statute. The statute may put forward different proposals, not exceeding two in number, for the plebiscite. Where approval is given by a majority to a proposed change of States [Länder] delimitation, provision is made within two years in a federal statute determining whether the delimitation of the States [Länder] concerned is changed pursuant to Paragraph II. Where approval is given, in accordance with Paragraph III 3 & 4, to a proposal put forward for the plebiscite, a federal statute providing for the formation of the proposed State [Land] is enacted within two years of the plebiscite and no longer requires confirmation by referendum.(6) A majority in a referendum or in a plebiscite consists of a majority of the votes cast, provided that they amount to at least one quarter of the population entitled to vote in House of Representatives [Bundestag] elections. Other detailed provisions concerning referendums, popular petitions, and plebiscites is made in a federal statute; such statute may also provide that popular petitions may not be repeated within a period of five years.(7) Other changes concerning the territory of the States [Länder] may be effected by state agreements between the States [Länder] concerned or by a federal statute with the approval of the Senate [Bundesrat] where the territory which is to be the subject of a new delimitation does not have more than 50,000 inhabitants. Detailed provision are made in a federal statute requiring the approval of the Senate [Bundesrat] and the majority of the members of the House of Representatives [Bundestag]. It makes provision for the affected communes and districts to be consulted.(8) The States [Länder] can change the delimitation of their territory or parts thereof deviating from the provisions in Paragraphs II to VII by state contract. Affected communes and counties have to be consulted. The state contract needs to be confirmed by public referendum in each participating State [Land]. If a state contract affects only parts of the territory of a State [Land], the public referendum can be limited to these parts; Sentence 5 Half-Sentence 2 is not applicable. The public referendum requires a majority of votes cast if such majority contains at least one fourth of the votes of all persons eligible for elections of the House of Representatives [Bundestag]; details are regulated by a federal statute. The state contract requires the consent of the House of Representatives [Bundestag].Except as otherwise provided or permitted by this Constitution, the exercise of governmental powers and the discharge of governmental functions is incumbent on the States [Länder].Federal law takes precedence over State [Land] law.(1) Relations with foreign countries are a responsibility of the Federation.(2) Before the conclusion of a treaty affecting the special circumstances of a State [Land], that State [Land] has to be consulted in time.(3) Insofar as the States [Länder] have power to legislate, they may, with the consent of the Government conclude treaties with foreign countries.(1) Every German has in every State [Land] the same political rights and duties.(2) Every German is equally eligible for any public office according to his aptitude, qualifications, and professional achievements.(3) Enjoyment of civil and political rights, eligibility for public office, and rights acquired in the public service are independent of religious denomination. No one may suffer any disadvantage by reason of his adherence or nonadherence to a denomination or to a philosophical persuasion.(4) The exercise of state authority as a permanent function is, as a rule, entrusted to members of the public service whose status, service and loyalty are governed by public law.(5) The law of the public service is regulated and developed with due regard to the traditional principles of the professional civil service.Where any person, in the exercise of a public office entrusted to him, violates his official obligations to a third party, liability rests in principle on the state or the public body which employs him. In the event of wilful intent or gross negligence, the right of recourse against the holder of a public office is reserved. In respect of the claim for compensation or the right of recourse, the jurisdiction of the ordinary courts may not be excluded.(1) All federal and State [Land] authorities render each other legal and administrative assistance.(2) In order to maintain or to restore public security or order, a State [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, fulfil a task. In order to deal with a natural disaster or an especially grave accident, a State [Land] may request the assistance of the police forces of other States [Länder] or of forces and facilities of other administrative authorities or of the Federal Border Guard or the Armed Forces.(3) Where the natural disaster or the accident endangers a region larger than a State [Land], the Government may, insofar as this is necessary to effectively deal with such danger, instruct the State [Land] governments to place their police forces at the disposal of other States [Länder], and may use units of the Federal Border Guard or the Armed Forces to support the police forces. Measures taken by the Government pursuant to the first sentence of this paragraph have to be revoked at any time at the demand of the Senate [Bundesrat], and otherwise immediately upon removal of the danger.(1) Civil servants employed in the highest federal authorities are drawn from all States [Länder] in appropriate proportion. Persons employed in other federal authorities should, as a rule, be drawn from the State [Land] in which they serve.(2) Military laws also have to take into account the division of the Federation into States [Länder] and the regional ties of their populations.(1) Where a State [Land] fails to comply with its obligations of a federal character imposed by this Constitution or another federal statute, the Government may, with the consent of the Senate [Bundesrat], take the necessary measures to enforce such compliance by the State [Land] by way of federal coercion.(2) For the purpose of exercising federal coercion, the Government or its commissioner has the right to give binding instructions to all States [Länder] and their authorities.(1) The deputies to the German House of Representatives [Bundestag] are elected in general, direct, free, equal, and secret elections. They are representatives of the whole people, not bound by orders and instructions, and subject only to their conscience.(2) Anyone who has attained the age of eighteen years is entitled to vote; anyone who has attained majority is eligible for election.(3) Details are regulated by a federal statute.(1) The House of Representatives [Bundestag] is elected, except for the following provisions, for a four year term. Its legislative term ends with the assembly of a new House of Representatives [Bundestag]. New elections are held forty-six months at the earliest, and fortyeight months at the latest after the beginning of the legislative term. In the case of dissolution of the House of Representatives [Bundestag], the new election is held within sixty days.(2) The House of Representatives [Bundestag] assembles, at the latest, on the thirtieth day after the election.(3) The House of Representatives [Bundestag] determines the termination and resumption of its meetings. The President of the House of Representatives [Bundestag] may convene it at an earlier date. He does so where one third of its members or the President or the Chancellor so demand.(1) The House of Representatives [Bundestag] elects its President, vice presidents, and secretaries. It draws up its rules of procedure.(2) The President exercises proprietary and police powers in the House of Representatives [Bundestag] building. No search or seizure may take place on the premises of the House of Representatives [Bundestag] without his permission.(1) The scrutiny of elections is the responsibility of the House of Representatives [Bundestag]. It also decides whether a deputy has lost his seat in the House of Representatives [Bundestag].(2) Complaints against such decisions of the House of Representatives [Bundestag] may be lodged with the Federal Constitutional Court.(3) Details are regulated by a federal statute.(1) The debates of the House of Representatives [Bundestag] are public. Upon a motion of one tenth of its members, or upon a motion of the Government, the public may be excluded by a two-thirds majority. The decision on the motion is taken at a meeting not open to the public.(2) Decisions of the House of Representatives [Bundestag] require a majority of the votes cast unless this Constitution provides otherwise. The rules of procedure may provide for exceptions in respect of elections to be conducted by the House of Representatives [Bundestag].(3) True and accurate reports on the public meetings of the House of Representatives [Bundestag] and of its committees does not give rise to any liability.(1) The House of Representatives [Bundestag] and its committees may demand the presence of any member of the Government.(2) The members of the Senate [Bundesrat] and of the Government as well as persons commissioned by them have access to all meetings of the House of Representatives [Bundestag] and its committees. They are heard at any time.(1) The House of Representatives [Bundestag] has the right, and upon the motion of one quarter of its members the duty, to set up a committee of investigation, which takes the requisite evidence at public hearings. The public may be excluded.(2) The rules of criminal procedure equally apply to the taking of evidence. The privacy of letters and the secrecy of post and telecommunication remain unaffected.(3) Courts and administrative authorities are bound to render legal and administrative assistance.(4) The decisions of committees of investigation is not subject to judicial consideration. The courts are free to evaluate and judge the facts on which the investigation is based.The House of Representatives [Bundestag] establishes a committee for European Union matters. It can empower the committee to exercise the rights of the House of Representatives [Bundestag] under Article 23 in its contact with the Government. It can also empower the committee to exercise the rights of the House of Representatives [Bundestag] under the contractual bases of the European Union.(1) The House of Representatives [Bundestag] appoints a Committee on Foreign Affairs and Committee on Defense.(2) The Committee on Defense also has the rights of a committee of investigation. Upon the motion of one quarter of its members it has the duty to make a specific matter the subject of investigation.(3) Article 44 I does not apply to defense matters.A Defense Commissioner of the House of Representatives [Bundestag] is appointed to safeguard the basic rights and to assist the House of Representatives [Bundestag] in exercising parliamentary control. Details are regulated by a federal statute.(1) The House of Representatives [Bundestag] appoints a Petitions Committee to deal with requests and complaints addressed to the House of Representatives [Bundestag] pursuant to Article 17.(2) The powers of the Committee to consider complaints is regulated by a federal statute.(1) The House of Representatives [Bundestag] appoints a Body to control the intelligence services of the Federation.(2) Details are regulated by a federal statute.(1) A deputy may not at any time be subjected to court proceedings or disciplinary action or otherwise called to account outside the House of Representatives [Bundestag] for a vote cast or a statement made by him in the House of Representatives [Bundestag] or in any of its committees. This does not apply to defamatory insults.(2) A deputy may not be called to account or arrested for a punishable offence except by permission of the House of Representatives [Bundestag], unless he is apprehended during commission of the offence or in the course of the following day.(3) The permission of the House of Representatives [Bundestag] also is necessary for any other restriction of the personal liberty of a deputy or for the initiation of proceedings against a deputy under Article 18.(4) Any criminal proceedings or any proceedings under Article 18 against a deputy, any detention or any other restriction of his personal liberty is suspended at the demand of the House of Representatives [Bundestag].Deputies may refuse to give evidence concerning persons who have confided facts to them in their capacity as deputies, or to whom they have confided facts in such capacity, as well as evidence concerning these facts themselves. To the extent that this right of refusal to give evidence exists, no seizure of documents is permissible.(1) Any candidate for election to the House of Representatives [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 given notice of dismissal nor dismissed from employment on this ground.(3) Deputies are entitled to adequate remuneration ensuring their independence. They are entitled to the free use of all stateowned means of transport. Details are regulated by a federal statute.The States [Länder] participate through the Senate [Bundesrat] in the legislation and administration of the Federation and in European Union matters.(1) The Senate [Bundesrat] consists of members of the State [Land] governments which appoint and recall them. Other members of such governments may act as substitutes.(2) Each State [Land] has at least three votes; States [Länder] with more than two million inhabitants have four, States [Länder] with more than six million inhabitants five, and States [Länder] with more than seven million inhabitants six votes.(3) Each State [Land] may delegate as many members as it has votes. The votes of each State [Land] may be cast only as a block vote and only by members present or their substitutes.(1) The Senate [Bundesrat] elects its President for one year.(2) The President convenes the Senate [Bundesrat]. He convenes the Senate [Bundesrat] where delegates from at least two States [Länder] or the Government so demand.(3) The Senate [Bundesrat] takes its decisions with at least the majority of its votes. It draws up its rules of procedure. Its meetings are public. The public may be excluded.(3a) For European Union matters, the Senate [Bundesrat] can establish a European Chamber whose decisions are considered decisions of the Senate [Bundesrat]; the number of State [Land] votes cast in unison are determined according to Article 51 II.(4) Other members of or persons commissioned by State [Land] governments may serve on the committees of the Senate [Bundesrat].The members of the Government have the right, and on demand the duty, to attend the meetings of the Senate [Bundesrat] and of its committees. They have the right to be heard at any time. The Senate [Bundesrat] is being kept informed by the Government as regards the conduct of affairs.(1) Two thirds of the members of the Joint Committee are deputies of the House of Representatives [Bundestag] and one third are members of the Senate [Bundesrat]. The House of Representatives [Bundestag] delegates its deputies in proportion to the relative strength of its parliamentary groups; deputies may not be members of the Government. Each State [Land] is represented by a Senate [Bundesrat] member of its choice; these members are not bound by instructions. The establishment of the Joint Committee and its procedures are regulated by rules of procedure to be adopted by the House of Representatives [Bundestag] and requiring the consent of the Senate [Bundesrat].(2) The Government informs the Joint Committee about its plans in respect of a state of defense. The rights of the House of Representatives [Bundestag] and its committees under Article 43 I remain unaffected by the provision of this paragraph.(1) The President is elected, without debate, by the Federal Convention. Every German who is entitled to vote in House of Representatives [Bundestag] elections and has attained the age of forty years is eligible for election.(2) The term of office of the President is five years. Reelection for a consecutive term is permitted only once.(3) The Federal Convention consists of the members of the House of Representatives [Bundestag] and an equal number of members elected by the parliaments of the States [Länder] according to the principles of proportional representation.(4) The Federal Convention meets no later than thirty days before the expiration of the term of office of the President or, in the case of premature termination, not later than thirty days after that date. It is convened by the President of the House of Representatives [Bundestag].(5) After the expiration of a legislative term, the period specified in Paragraph IV 1 begins with the first meeting of the House of Representatives [Bundestag].(6) The person receiving the votes of the majority of the members of the Federal Convention is elected. Where such majority is not obtained by any candidate in two ballots, the candidate who receives the largest number of votes in the next ballot is elected.(7) Details are regulated by a federal statute.(1) The President may not be a member of the government nor of a legislative body of the Federation or of a State [Land].(2) The President may not hold any other salaried office, nor engage in an occupation, nor belong to the management or the board of directors of an enterprise carried on for profit.On assuming his office, the President takes the following oath before the assembled members of the House of Representatives [Bundestag] and the Senate [Bundesrat]:The oath may also be taken without religious affirmation.Where the President is prevented from acting, or where his office falls prematurely vacant, his powers are exercised by the President of the Senate [Bundesrat].Orders and directions of the President require, for their validity, the countersignature of the Chancellor or the appropriate Minister. This does not apply to the appointment and dismissal of the Chancellor, the dissolution of the House of Representatives [Bundestag] under Article 63 and a request made under Article 69 III.(1) The President represents the Federation in its international relations. He concludes treaties with foreign countries on behalf of the Federation. He accredits and receive envoys.(2) Treaties which regulate the political relations of the Federation or relate to matters of federal legislation requires the consent or participation, in the form of a federal statute, of the bodies competent in any specific case for such federal legislation. As regards administrative agreements, the provisions concerning the federal administration are applicable.(1) The President appoints and dismisses the federal judges, the federal civil servants, the officers and noncommissioned officers, except as may otherwise be provided for by statute.(2) He exercises the right of pardon in individual cases on behalf of the Federation.(3) He may delegate these powers to other authorities.(4) Article 46 II to IV also apply to the President.(1) The House of Representatives [Bundestag] or the Senate [Bundesrat] may impeach the President before the Federal Constitutional Court for wilful violation of this Constitution or any other federal statute. The motion of impeachment is filed by at least one quarter of the members of the House of Representatives [Bundestag] or one quarter of the votes of the Senate [Bundesrat]. A decision to impeach requires a majority of two thirds of the members of the House of Representatives [Bundestag] or of two thirds of the votes of the Senate [Bundesrat]. The impeachment is pleaded by a person commissioned by the impeaching body.(2) Where the Federal Constitutional Court finds the President guilty of a wilful violation of this Constitution or of another federal statute, it may declare him to have forfeited his office. After impeachment, it may issue an interim order preventing the President from exercising his functions.The Government consists of the Chancellor and the Ministers.(1) The Chancellor is elected, without debate, by the House of Representatives [Bundestag] upon the proposal of the President.(2) The person obtaining the votes of the majority of the members of the House of Representatives [Bundestag] is elected. The person elected is appointed by the President.(3) Where the person proposed is not elected, the House of Representatives [Bundestag] may elect within fourteen days of the ballot a Chancellor by more than one half of its members.(4) Where no candidate has been elected within this period, a new ballot takes place without delay in which the person obtaining the largest number of votes is elected. Where the person elected has obtained the votes of the majority of the members of the House of Representatives [Bundestag], the President appoints him within seven days of the election. Where the person elected did not obtain such a majority, the President, within seven days, either appoints him or dissolves the House of Representatives [Bundestag].(1) The Ministers are appointed and dismissed by the President upon the proposal of the Chancellor.(2) The Chancellor and the Ministers, on assuming office, take before the House of Representatives [Bundestag] the oath provided for in Article 56.The Chancellor determines and is responsible for the general policy guidelines. Within the limits set by these guidelines, each Minister conducts the affairs of his department independently and on his own responsibility. The Government decides on differences of opinion between Ministers. The Chancellor conducts the affairs of the Government in accordance with rules of procedure adopted by it and approved by the President.Power of command in respect of the Armed Forces is be vested in the Minister of Defense.The Chancellor and the Ministers may not hold any other salaried office, nor engage in an occupation, nor belong to the management or, without the consent of the House of Representatives [Bundestag], to the board of directors of an enterprise carried on for profit.(1) The House of Representatives [Bundestag] can express its lack of confidence in the Chancellor only by electing a successor with the majority of its members and by requesting the President to dismiss the Chancellor. The President complies with the request and appoints the person elected.(2) Fortyeight hours must elapse between the motion and the election.(1) Where a motion of the Chancellor for a vote of confidence is not carried by the majority of the members of the House of Representatives [Bundestag], the President may, upon the proposal of the Chancellor, dissolve the House of Representatives [Bundestag] within twentyone days. The right of dissolution lapses as soon as the House of Representatives [Bundestag] elects another Chancellor with the majority of its members.(2) Fortyeight hours must elapse between the motion and the vote thereon.(1) The Chancellor appoints a Minister as his deputy.(2) The tenure of office of the Chancellor or a Minister end in any event on the assembly of a new House of Representatives [Bundestag]; the tenure of office of a Minister also end on any other termination of the Chancellor's tenure of office.(3) At the request of the President, the Chancellor - or at the request of the Chancellor or of the President, a Minister - is bound to continue managing the affairs of his office until the appointment of a successor.(1) The States [Länder] have the right to legislate insofar as this Constitution does not confer legislative power on the Federation.(2) The division of competence between the Federation and the States [Länder] are determined by the provisions of this Constitution concerning exclusive and concurrent legislative powers.In matters within the exclusive legislative power of the Federation, the States [Länder] have power to legislate only where and to the extent that they are given such explicit authorization by a federal statute.(1) In the field of concurrent legislative power, the States [Länder] have power to legislate as long as and to the extent that the Federation does not exercise its right to legislate by statute.(2) In the areas of Article 74 I No. 4, 7, 11, 13, 15, 19a, 20, 22, 25 and 26, the Federation has legislation if and insofar as the establishment of equal living conditions in the federal territory or the preservation of legal and economic unity necessitates, in the interest of the state at large, a federal regulation.(3) If the Federation has used its legislative competence, the States [Länder] may adopt differing rules by statute regarding:1. hunting (without the right to hunting licences);2. natural protection and land cultivation (without the general principles of natural protection, the law of species protection or of protecting the nature of the sea);3. distribution of land;4. zoning arrangements;5. protection of water (without regulation about substances or installations);6. university admission and university degrees.Federal statutes regarding these matters come into force, at the earliest, six months after their promulgation as long as the Senate [Bundesrat] does not decide otherwise. Regarding the matters of sentence 1, the latest statute takes precedence within the concurrence of federal and state law.(4) A federal statute can stipulate that a federal regulation for which the conditions of Paragraph II no longer hold true is replaced by law of the States [Länder].(1) The Federation has exclusive power to legislate in the following matters:1. foreign affairs and defense, including the protection of the civilian population;2. citizenship in the Federation;3. freedom of movement, passport, registration and individual document matters, immigration, emigration and extradition;4. currency, money and coinage, weights and measures, as well as the determination of standards of time;5. the unity of the customs and trading area, treaties on commerce and on navigation, the freedom of movement of goods, and the exchange of goods and payments with foreign countries, including customs and other frontier protection;5a. the protection of German cultural items against being moved abroad;6. air transport;6a. the traffic of railroads owned completely or mainly by the Federation (railroads of the Federation), the construction, maintenance, and operation of railway tracks and railroads of the Federation as well as the charging for the use of these railways;7. postal affairs and telecommunication;8. the legal status of persons employed by the Federation and by federal corporate bodies under public law;9. industrial property rights, copyrights and publishing law;9a. fight against dangers of international terrorism by the Federal Criminal Police [Bundeskriminalpolizei] in cases where the danger is transcending State [Länder] boundaries, where the competence of a State Police Agency is not established, or where the supreme State Agency asks for a discharge;10. cooperation between the Federation and the States [Länder] concerninga) criminal police,b) protection of the free democratic basic order, of the existence and the security of the Federation or of a State [Land] (protection of the constitution) andc) 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;12. laws on weapons and explosives;13. care for people handicapped by war, widowed or orphaned by war, and help for former prisoners of war;14. production and use of nuclear power for peaceful means, construction and operation of plants furthering these goals, protection against dangers resulting from exposition of nuclear energy or ionising rays, and disposition of radioactive substances.(2) The consent of the Senate [Bundesrat] is necessary for statutes according to Paragraph I No. 9a.(1) Concurrent legislative powers cover the following matters:1. civil law, criminal law, the organization and procedure of courts (excluding the law governing pre-trial confinement), the legal profession, notaries and legal advice;2. registration of births, deaths and marriages;3. the law of association;4. the law relating to residence and settlement of aliens;4a. [repealed]5. [repealed]6. refugee and expellee matters;7. public welfare (excluding the law on asylums);8. [repealed]9. war damage and reparations;10. war graves of soldiers, graves of other victims of war and of victims of despotism;11. the law relating to economic matters (mining, industry, supply of power, crafts, trades, commerce, banking, stock exchanges and private insurance) excluding the law on shop opening hours, restaurants, gaming parlors, human shows, exhibitions, expositions, and markets;11a. [repealed]12. Labor law, including the legal organization of enterprises, protection of workers, employment exchanges and agencies, as well as social insurance, including unemployment insurance;13. the regulation of educational and training grants and the promotion of scientific research;14. the law regarding expropriation, to the extent that matters enumerated in Articles 73 and 74 are concerned;15. transfer of land, natural resources and means of production to public ownership or other forms of collective enterprise for the public benefit;16. prevention of the abuse of economic power;17. promotion of agricultural production and forestry (excluding the law on land consolidation), securing the supply of food, the importation and exportation of agricultural and forestry products, deepsea and coastal fishing, and preservation of the coasts;18. property sales according to town planning, land law (excluding the law of charges for development)and aid for rent, relief regarding old depts, aid for construction of apartments, miners' apartment construction law and miners' settlement law;19. measures against human or animal diseases that are communicable or otherwise endanger public health, admission to the medical profession and to other medical occupations or practices as well as the law on pharmacy, drugs, medical products, health products, narcotics and poisons;19a. the economic viability of hospitals and the regulation of hospitalization fees;20. the law on food including animals for slaughter, the law on products of indulgence, articles of daily use, fodder as well as the protection of the sale of agricultural and forest seeds and seedlings, and the pretection of plants against diseases and pests as well as the protection of animals;21. ocean and coastal shipping, as well as sea marks, inland navigation, meteorological services, sea routes, and inland waterways used for general traffic;22. road traffic, motor transport, construction and maintenance of longdistance highways, as well as the collection of charges or fees for the use of public highways by vehicles and the allocation of revenue therefrom;23. railroads which are not railroads of the Federation, except mountain railroads;24. garbage collection, protection against air pollution and noise (excluding protection against voluntary noise);25. state liability;26. medically enhanced production of human life, research on manipulations of genes, and regulations for transplantation of organs, tissues and cells;27. rights and duties regarding the status of civil servants in the States [Länder], communes and other public law bodies as well as judges in the States [Länder] excluding their career, remuneration and pensions;28. hunting;29. conservation of nature and landscape;30. distribution of real estate;31. land use planning;32. water supply;33. academic admission and academic degrees.(2) The consent of the Senate [Bundesrat] is necessary for statutes according to Paragraph I No. 25 and 27.(1) Bills are introduced in the House of Representatives [Bundestag] by the Government or by members of the House of Representatives [Bundestag] or by the Senate [Bundesrat].(2) Bills of the Government first have to be submitted to the Senate [Bundesrat]. The Senate [Bundesrat] is entitled to state its position on such bills within six weeks. If, for important reasons and particularly with regard to the volume of the bill, the Senate [Bundesrat] asks for deferral, the period is nine weeks. A bill which, on submission to the Senate [Bundesrat], is exceptionally specified by the Government to be particularly urgent may be submitted by the latter to the House of Representatives [Bundestag] three weeks later, or, if the Senate [Bundesrat] asked for deferral according to Sentence 3, six weeks later, even though the Government may not yet have received the statement of the Senate's [Bundesrat] position; upon receipt, such statement has to be transmitted to the House of Representatives [Bundestag] by the Government without delay. The time limit for statements to bills changing this Constitution or delegating sovereign powers according to Article 23 or 24 is nine weeks; Sentence 4 is not applied.(3) Bills of the Senate [Bundesrat] have to be submitted to the House of Representatives [Bundestag] by the Government within six weeks. In doing so, the Government should state its own view. If, for important reasons and particularly with regard to the volume of the bill, the Government asks for deferral, the period is nine weeks. The time limit for a bill which is exceptionally specified by the Senate [Bundesrat] to be particularly urgent is three weeks or, if the Government asked for deferral according to Sentence 3, six weeks. The time limit for statements to bills changing this Constitution or delegating sovereign powers according to Article 23 or 24 is nine weeks; Sentence 4 is not applied. The House of Representatives [Bundestag] has to debate about bills within adequate time and reach a decision.(1) Federal statutes are enacted by the House of Representatives [Bundestag]. Upon their adoption they have to be transmitted, without delay, to the Senate [Bundesrat] by the President of the House of Representatives [Bundestag].(2) The Senate [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 House of Representatives [Bundestag] and members of the Senate [Bundesrat], be convened. The composition and the procedure of this committee is regulated by rules of procedure to be adopted by the House of Representatives [Bundestag] and requiring the consent of the Senate [Bundesrat]. The members of the Senate [Bundesrat] on this committee are not bound by instructions. Where the consent of the Senate [Bundesrat] is required for a bill to become a statute, the House of Representatives [Bundestag] and the Government may also demand that the committee be convened. Should the committee propose any amendment to the adopted bill, the House of Representatives [Bundestag] again votes on the bill.(2a) Insofar as a statute requires the consent of the Senate [Bundesrat], the Senate [Bundesrat], if no demand according to Paragraph II 1 was issued or if the committee for joint consideration has concluded its procedures without suggesting changes, has to debate about its consent within adequate time and reach a decision.(3) Insofar as the consent of the Senate [Bundesrat] is not required for a bill to become a statute, the Senate [Bundesrat] may, when the proceedings under Paragraph II are completed, enter an objection within two weeks against a bill adopted by the House of Representatives [Bundestag]. The period for entering an objection begins, in the case of the last sentence of Paragraph II, on the receipt of the bill as readopted by the House of Representatives [Bundestag], and in all other cases on the receipt of a communication from the chairman of the committee provided for in Paragraph II to the effect that the committee's proceedings have been concluded.(4) Where the objection was adopted with the majority of the votes of the Senate [Bundesrat], it can be rejected by a decision of the majority of the members of the House of Representatives [Bundestag]. Where the Senate [Bundesrat] adopted the objection with a majority of at least two thirds of its votes, its rejection by the House of Representatives [Bundestag] requires a majority of two thirds, including at least the majority of the members of the House of Representatives [Bundestag].A bill adopted by the House of Representatives [Bundestag] becomes a statute where the Senate [Bundesrat] consents to it, or fails to make a demand pursuant to Article 77 II, or fails to enter an objection within the period stipulated in Article 77 III, or withdraws such objection, or where the objection is overridden by the House of Representatives [Bundestag].(1) This Constitution can be amended only by statutes which expressly amend or supplement the text thereof. In respect of international treaties, the subject of which is a peace settlement, the preparation of a peace settlement or the phasing out of an occupation regime, or which are intended to serve the defense of the Federal Republic, it is sufficient, for the purpose of clarifying that the provisions of this Constitution do not preclude the conclusion and entry into force of such treaties, to effect a supplementation of the text of this Constitution confined to such clarification.(2) Any such statute requires the consent of two thirds of the members of the House of Representatives [Bundestag] and two thirds of the votes of the Senate [Bundesrat].(3) Amendments of this Constitution affecting the division of the Federation into States [Länder], the participation on principle of the States [Länder] in legislation, or the basic principles laid down in Articles 1 and 20 are inadmissible.(1) The Government, a Minister or the State [Land] governments may be authorized by statute to issue ordinances. The content, purpose, and scope of the authorization so conferred must be laid down in the statute concerned. This legal basis has to be stated in the ordinance. Where a statute provides that such authorization may be delegated, such delegation requires another ordinance.(2) The consent of the Senate [Bundesrat] is required, unless otherwise provided by federal legislation, for ordinances of the Government or a Minister concerning basic rules or charges for the use of facilities of postal affairs and telecommunication, concerning the basic rules for charges and use of facilities of railroads of the Federation, or concerning the construction and operation of railroads, as well as for ordinances issued pursuant to federal statutes that require the consent of the Senate [Bundesrat] or that are executed by the States [Länder] as agents of the Federation or as matters of their own concern.(3) The Senate [Bundesrat] can submit such bills for ordinances to the Government that require its consent.(4) Insofar as, by or on the basis of federal statutes, Governments of the States [Länder] are empowered to adopt ordinances, the States [Länder] are also allowed to regulate the matter by statute.(1) Where this Constitution 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 is, except in a state of defense, admissible only after the House of Representatives [Bundestag] has determined that a state of tension exists or where it has specifically approved such application. In respect of the cases mentioned in Article 12a V 1 & VI 2, such determination of a state of tension and such specific approval requires a twothirds majority of the votes cast.(2) Any measures taken by virtue of legal provisions enacted under Paragraph I have to be revoked whenever the House of Representatives [Bundestag] so demands.(3) In derogation of Paragraph I, the application of such legal provisions is also admissible by virtue of and in accordance with a decision taken with the consent of the Government by an international body within the framework of a treaty of alliance. Any measures taken pursuant to this paragraph have to be revoked whenever the House of Representatives [Bundestag] so demands with the majority of its members.(1) Should, in the circumstances of Article 68, the House of Representatives [Bundestag] not be dissolved, the President may, at the request of the Government and with the consent of the Senate [Bundesrat], declare a state of legislative emergency with respect to a bill, where the House of Representatives [Bundestag] rejects the bill although the Government has declared it to be urgent. The same applies where a bill has been rejected although the Chancellor had combined with it the motion under Article 68.(2) Where, after a state of legislative emergency has been declared, the House of Representatives [Bundestag] again rejects the bill or adopts it in a version stated to be unacceptable to the Government, the bill is deemed to have become a statute to the extent that the Senate [Bundesrat] consents to it. The same applies where the bill is not passed by the House of Representatives [Bundestag] within four weeks of it.s reintroduction(3) During the term of office of a Chancellor, any other bill rejected by the House of Representatives [Bundestag] may become a statute in accordance with Paragraphs I and II within a period of six months after the first declaration of a state of legislative emergency. After the expiration of this period, a further declaration of a state of legislative emergency is inadmissible during the term of office of the same Chancellor.(4) This Constitution may not be amended nor repealed nor suspended in whole or in part by a statute enacted pursuant to Paragraph II.(1) Statutes enacted in accordance with the provisions of this Constitution are, after countersignature, signed by the President and promulgated in the Federal Law Gazette. Ordinances are signed by the agency which issues them and, unless otherwise provided by statute, are promulgated in the Federal Law Gazette.(2) Every statute or every ordinance should specify its effective date. In the absence of such a provision, it takes effect on the fourteenth day after the end of the day on which the Federal Law Gazette containing it was published.The States [Länder] execute federal statutes as matters of their own concern insofar as this Constitution does not otherwise provide or permit.(1) Where the States [Länder] execute federal statutes as matters of their own concern, they provide for the establishment of authorities and the regulation of administrative procedures. If federal statutes provide something else, the States [Länder] may adopt divergent regulation. If a State [Land] has adopted divergent regulation according to Sentence 2, federal regulation adopted later regarding the establishment of authorities and the regulation of administrative procedures will enter into force no earlier then six months after promulgation, provided nothing else is prescribed with approval by the Senate [Bundesrat]. Article 72 III 3 is applicable. In exceptional cases, the Federation may, because of particular need for federal uniformity, adopt regulation without the States' [Länder] power to deviate. These statutes require approval by the Senate [Bundesrat]. Federal statutes may not delegate powers to communes or associations of communes.(2) The Government may, with the consent of the Senate [Bundesrat], issue general administrative rules.(3) The Government exercises supervision to ensure that the States [Länder] execute the federal statutes in accordance with applicable law. For this purpose the Government may send commissioners to the highest State [Land] authorities and, with their consent or, where such consent is refused, with the consent of the Senate [Bundesrat], also to subordinate authorities.(4) Should any shortcomings which the Government has found to exist in the execution of federal statutes in the States [Länder] not be corrected, the Senate [Bundesrat] decides, at the request of the Government or the State [Land] concerned, whether such State [Land] has violated the law. The decision of the Senate [Bundesrat] may be challenged in the Federal Constitutional Court.(5) With a view to the execution of federal statutes, the Government may be authorized by a federal statute requiring the consent of the Senate [Bundesrat] to issue individual instructions for particular cases. They are addressed to the highest State [Land] authorities unless the Government considers the matter urgent.(1) Where the States [Länder] execute federal statutes as agents of the Federation, the establishment of the requisite authorities remains the concern of the States [Länder], except insofar as federal statutes consented to by the Senate [Bundesrat] otherwise provide. Federal statutes may not delegate powers to communes or associations of communes.(2) The Government may, with the consent of the Senate [Bundesrat], issue general administrative rules. It may regulate the uniform training of civil servants and other salaried public employees. The heads of authorities at the intermediate level are appointed with its agreement.(3) The State [Land] authorities are subject to the instructions of the competent highest federal authorities. Such instructions are addressed to the highest State [Land] authorities unless the Government considers the matter urgent. Execution of the instructions is ensured by the highest State [Land] authorities.(4) Federal supervision covers the lawfulness and appropriateness of execution. The Government may, for this purpose, require the submission of reports and documents and send commissioners to all authorities.Where the Federation executes statutes by means of direct federal administration or by federal corporate bodies or institutions under public law, the Government issues, insofar as the statute concerned contains no special provision, pertinent general administrative rules. The Government provides for the establishment of the requisite authorities insofar as the statute concerned does not otherwise provide.(1) The foreign service, the federal finance administration and, in accordance with the provisions of Article 89, the administration of federal waterways and of shipping is conducted as matters of direct federal administration with their own administrative substructures. Federal legislation may be enacted to establish Federal Border Guard authorities and central offices for police information and communications, for the criminal police and for the compilation of data for the purposes of protection of the constitution and of protection against activities on federal territory which, through the use of force or acts preparatory to the use of force, endanger the foreign interests of the Federal Republic of Germany.(2) Social insurance institutions whose sphere of competence extends beyond the territory of one State [Land] are administered as direct federal corporate bodies under public law. Social insurance institutions whose sphere of competence extends beyond the territory of one State [Land], but not beyond that of more than three States [Länder], are administered, differing from the first sentence, as direct State [Land] corporate bodies under public law if the supervising State [Land] is determined by the States [Länder] involved.(3) In addition, independent federal higher authorities as well as new federal corporate bodies and institutions under public law may be established by federal legislation for matters on which the Federation has the power to legislate. Where new functions arise for the Federation in matters on which it has the power to legislate, federal authorities at the intermediate and lower levels may be established, in case of urgent need, with the consent of the Senate [Bundesrat] and of the majority of the members of the House of Representatives [Bundestag].(1) The Federation establishes Armed Forces for defense purposes. Their numerical strength and general organizational structure must be shown in the budget.(2) Apart from defense, the Armed Forces may only be used insofar as explicitly permitted by this Constitution.(3) While a state of defense or a state of tension exists, the Armed Forces have the power to protect civilian property and discharge functions of traffic control insofar as this is necessary for the performance of their 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 cooperate with the competent authorities.(4) In order to avert any imminent danger to the existence or to the free democratic basic order of the Federation or a State [Land], the Government may, should conditions as envisaged in Article 91 II 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 combatting organized and militarily armed insurgents. Any such use of the Armed Forces has to stop whenever the House of Representatives [Bundestag] or the Senate [Bundesrat] so demands.(1) The Federal Armed Forces Administration is conducted as a direct federal administration with its own administrative substructure. Its function are to administer personnel matters and directly to meet the material requirements of the Armed Forces. Tasks connected with benefits to disabled persons or with construction work are not assigned to the Federal Armed Forces Administration except by federal legislation requiring the consent of the Senate [Bundesrat]. Such consent is also required for any statutes to the extent that they empower the Federal Armed Forces Administration to interfere with rights of third parties; this does not apply, however, in the case of statutes concerning personnel matters.(2) Moreover, federal statutes concerning defense, including recruitment for military service and protection of the civilian population, may, with the consent of the Senate [Bundesrat], provide that they are executed, wholly or in part, either by means of direct federal administration having its own administrative substructure or by the States [Länder] acting as agents of the Federation. Where such statutes are executed by the States [Länder] acting as agents of the Federation, they may, with the consent of the Senate [Bundesrat], provide that the powers vested in the Government or appropriate highest federal authorities by virtue of Article 85 are transferred wholly or in part to higher federal authorities; in such an event it may be enacted that these authorities do not require the consent of the Senate [Bundesrat] in issuing general administrative rules as referred to in Article 85 II 1.Statutes enacted under Article 73 I No. 14 may, with the consent of the Senate [Bundesrat], provide that they are executed by the States [Länder] acting as agents of the Federation.(1) Aviation administration is conducted as federal administration. Tasks of air-traffic control can also be conducted by foreign air-traffic control organizations accredited under the law of the European Community. Details are regulated by a federal statute.(2) Through federal legislation requiring the consent of the Senate [Bundesrat], functions of aviation administration may be transferred to the States [Länder] acting as agents of the Federation.(1) The administration for traffic of railroads of the Federation is conducted as a direct federal administration. By federal statute, tasks of the administration for traffic of railroads can be delegated to the States [Länder] as their own tasks.(2) The Federation undertakes the tasks to administer traffic of railroads of the Federation as are assigned to it by federal statute.(3) Railroads of the Federation are managed in the form of private law businesses. They are owned by the Federation as far as the activities of the business encompass construction, maintenance, or operation of railways. The sale of shares of the Federation in the businesses mentioned in the second sentence is regulated on the basis of a statute; the Federation retains a majority of shares in those businesses. Details are regulated by federal statute.(4) The Federation guarantees that the public weal, particularly the interest in traffic, in the development and preservation of the railway network of railways of the Federation as far as it is used for local railway transport of persons is considered. Details are regulated by federal statute.(5) Statutes based on Paragraphs I to IV need the consent of the Senate [Bundesrat]. Furthermore, the consent of the Senate [Bundesrat] is necessary for statutes that dissolve, merge, or split railroads of the Federation, convey railways of railroads of the Federation to third parties as well as discontinue railways of railroads of the Federation, or affect the local railway transport of persons.(1) Regulated by a federal statute requiring the consent of the Senate [Bundesrat], the Federation guarantees a comprehensive and adequate coverage with mail services and telecommunication.(2) Services in the sense of Paragraph I are organized as private law activities by those businesses originating in the special property Deutsche Bundespost. Sovereign tasks in the area of mail and telecommunication are organized as direct federal administration.(3) Notwithstanding Paragraph II 2, the Federation, in the public law form of a direct federal agency, discharges certain duties regarding businesses originating in the special property Deutsche Bundespost, as are assigned to it by federal statutes.The Federation establishes a noteissuing and currency bank as the Federal Bank [Bundesbank]. Its tasks and powers can, in the context of the European Union, be transferred to the European Central Bank which is independent and primarily bound by the purpose of securing stability of prices.(1) The Federation is the owner of the former Reich waterways.(2) The Federation administers the federal waterways through its own authorities. It exercises those governmental functions relating to inland shipping which extend beyond the territory of one State [Land], and those governmental functions relating to maritime shipping which are conferred on it by statute. Upon request, the Federation may transfer the administration of federal waterways, insofar as they lie within the territory of one State [Land], to that State [Land] as its agent. Where a waterway touches the territories of several States [Länder], the Federation may delegate one State [Land] to be its agent where so requested by the States [Länder] concerned.(3) In the administration, development, and new construction of waterways, the needs of land improvement and of water economy are safeguarded in agreement with the States [Länder].(1) The Federation is the owner of the former Reich streets and Reich highways.(2) The States [Länder], or such self-governing corporate bodies as are competent under State law, administer as agents of the Federation the federal streets and other federal highways used for long-distance traffic.(3) At the request of a State [Land], the Federation may place federal streets and other federal highways used for longdistance traffic under direct federal administration insofar as they lie within the territory of that State [Land].(1) In order to avert any imminent danger to the existence or to the tree democratic basic order of the Federation or a State [Land], a State may request the services of the police forces of other States [Länder], or of the forces and facilities of other administrative authorities and of the Federal Border Guard.(2) If the State [Land] where such danger is imminent is not itself willing or able to combat the danger, the Government may place the police in that State [Land] and the police forces of other States [Länder] under its own instructions and use units of the Federal Border Guard. The order for this has to be revoked after the removal of the danger or else at any time at the demand of the Senate [Bundesrat]. Where the danger extends to a region larger than a State [Land], the Government may, insofar as is necessary for effectively combatting such danger, issue instructions to the State [Land] governments; the first and second sentences of this paragraph are not affected by this provision.(1) The Federation participates, in the following sectors, in the discharge of responsibilities of the States [Länder], 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. improvement of regional economic structures,2. improvement of the agrarian structure and of coast preservation.(2) Joint tasks as well as details of coordination are defined in detail by a federal statute requiring the consent of the Senate [Bundesrat].(3) In cases to which Paragraph I No. 1 applies, the Federation pays for one half of the expenditure in each State [Land]. In cases to which Paragraph I No. 2 applies, the Federation pays for at least one half of the expenditure, and such proportion is the same for all the States [Länder]. Details are regulated by statute. Provision of funds are subject to appropriation in the budgets of the Federation and the States [Länder].(1) The Federation and the States [Länder] may, pursuant to agreements, cooperate in cases of supra-regional importance to promote:1. institutions and projects of scientific research outside of universities;2. projects of science and research at universities;3. research facilities at universities including large scale equipment.Agreements according to Sentence 1 No. 2 require the approval by all States [Länder].(2) The Federation and the States [Länder] may, pursuant to agreements, cooperate in order to internationally compare the performance of the educational system and to participate in reports and recommendations in that respect.(3) The allocation of costs is determined by the agreement.(1) Federation and States [Länder] may cooperate in the planning, installation, and operation of systems of information technology needed for their tasks.(2) Federation and States [Länder] may by agreement establish standards and security requirements necessary for the communication between their systems of information technology. Agreements about the basis of cooperation according to sentence 1 may for tasks of specific substance and extent provide that detailed regulation is adopted on the consent of a qualified majority of Federation and States [Länder] as specified in the convention. They require the consent of the House of Representatives [Bundestag] and of the Houses of Representatives of participating States [Länder]; the right to cancellation of these agreements cannot be excluded. The agreement also determines the allocation of costs.(3) Furthermore, the States [Länder] may agree on the joint operation of systems of information technology as well as the establishment of specific installations.(4) For the connection of information technology networks of the Federation and the States [Länder], the Federation establishes a connection network. Details regarding the installation and operation of the connection network are regulated by a federal statute requiring the consent of the Senate [Bundesrat].Federation and States [Länder] may, to establish and improve the performance of their administrations, conduct comparative surveys and publish the results.(1) In the execution of federal law regarding the basic benefits for the unemployed, Federation and States [Länder] or those communes or associations of communes competent according to state law are, in principle, cooperating by shared institutions.(2) The Federation can allow for a limited number of communes or association of communes, on their request and with the consent of the supreme State Agency, to exclusively fulfill the tasks according to Paragraph (1). Necessary expenses including administrative costs are borne by the Federation insofar as the tasks in executing federal law according to Paragraph (1) are the duty of the Federation.(3) Details are regulated by a federal statute requiring the consent of the Senate [Bundesrat].Judicial power is vested in the judges; it is exercised by the Federal Constitutional Court, by the federal courts provided for in this Constitution, and by the courts of the States [Länder].(1) The Federal Constitutional Court decides:1. on the interpretation of this Constitution in the event of disputes concerning the extent of the rights and duties of a highest federal body or of other parties concerned who have been vested with rights of their own by this Constitution or by rules of procedure of a highest federal body;2. in case of differences of opinion or doubts on the formal and material compatibility of federal law or State [Land] law with this Constitution, or on the compatibility of State [Land] law with other federal law, at the request of the Government, of a State [Land] government, or of one fourth of the House of Representatives [Bundestag] members;2a. in case of differences of opinion on the compatibility of federal law with Article 72 II, at the request of the Senate [Bundesrat], of a State [Land] government, or of a State [Land] parliament;3. in case of differences of opinion on the rights and duties of the Federation and the States [Länder], particularly in the execution of federal law by the States [Länder] and in the exercise of federal supervision;4. on other disputes involving public law, between the Federation and the States [Länder], between different States [Länder] or within a State [Land], unless recourse to another court exists;4a. on complaints of unconstitutionality, being filed by any person claiming that one of his basic rights or one of his rights under Article 20 IV or under Article 33, 38, 101, 103 or 104 has been violated by public authority;4b. on complaints of unconstitutionality filed 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 State [Land] statute open to complaint to the respective State [Land] constitutional court;4c. on complaints by associations against their nonadmission as a political party to the election for the House of Representatives [Bundestag];5. in the other cases provided for in this Constitution.(2) The Federal Constitutional Court also decides, at the request of the Senate [Bundesrat], a State [Land] Government or State [Land] Parliament, whether in the case of Article 72 IV the necessity of federal regulation according to Article 72 II no longer prevails or federal law could no longer be adopted in the cases of Article 125a II 1. The declaration that the necessity no longer prevails or that federal law no longer could be adopted replaces a federal statute based on Article 72 IV or Article 125a II 2. The request according to Sentence 1 is only admissible once a bill based on Article 72 IV or 125 a II 2 has been denied in the German House of Representatives [Bundestag] or not been deliberated and decided within one year or if such a bill has been denied in the Senate [Bundesrat].(3) The Federal Constitutional Court also acts in such other cases as are assigned to it by federal legislation.(1) The Federal Constitutional Court consists of federal judges and other members. Half of the members of the Federal Constitutional Court are elected by the House of Representatives [Bundestag] and half by the Senate [Bundesrat]. They may not be members of the House of Representatives [Bundestag], the Senate [Bundesrat], the Government, nor of any of the corresponding bodies of a State [Land].(2) The constitution and procedure of the Federal Constitutional Court are regulated by a federal statute which specifies in what cases its decisions have the force of law. Such statute may require that all other legal remedies must have been exhausted before a complaint of unconstitutionality can be entered, and may make provision for a special procedure as to admissibility.(1) For the purposes of ordinary, administrative, fiscal, labor, and social jurisdiction, the Federation establishes as highest courts of justice the Federal Court of Justice, the Federal Administrative Court, the Federal Finance Court, the Federal Labor Court, and the Federal Social Court.(2) The judges of each of these courts are selected jointly by the competent Minister and a committee for the selection of judges consisting of the competent State [Land] ministers and an equal number of members elected by the House of Representatives [Bundestag].(3) In order to preserve uniformity of decisions, a Joint Panel of the courts specified in Paragraph I is set up. Details are regulated by a federal statute.(1) The Federation may establish a federal court for matters concerning industrial property rights.(2) The Federation may establish military criminal courts for the Armed Forces as federal courts. They may only exercise criminal jurisdiction while a state of defense exists, and otherwise only over members of the Armed Forces serving abroad or on board warships. Details are regulated by a federal statute. These courts are within the competence of the Minister of Justice. Their fulltime judges are persons qualified to hold judicial office.(3) The highest court of justice for appeals from the courts mentioned in Paragraphs I and II is the Federal Court of Justice.(4) The Federation may establish federal courts for disciplinary proceedings against, and for proceedings in pursuance of complaints by, persons in the federal public service.(5) With respect to criminal proceedings for the following crimes, a federal statute requiring the consent of the Senate [Bundesrat] may provide that State [Land] courts exercise federal jurisdiction over:1. genocide;2. crimes against humanity under international public law;3. war crimes;4. other acts with the potential to and undertaken with intent to disturb the peaceful relations between nations (Article 26 I);5. protection of the state.(1) The judges are independent and subject only to the law.(2) Judges appointed permanently on a fulltime basis in established positions cannot, against their will, be dismissed or permanently or temporarily suspended from office or given a different posting or retired before the expiration of their term of office except by virtue of a judicial decision and only on the grounds and in the form provided for by statute. Legislation may set age limits for the retirement of judges appointed for life. In the event of changes in the structure of courts or in their districts, judges may be transferred to another court or removed from office, provided they retain their full salary.(1) The legal status of the federal judges is regulated by a special federal statute.(2) Where a federal judge, in his official capacity or unofficially, infringes the principles of this Constitution or the constitutional order of a State [Land], the Federal Constitutional Court may decide by a twothirds majority, upon the request of the House of Representatives [Bundestag], that the judge be given a different office or retired. In a case of intentional infringement, his dismissal may be ordered.(3) The legal status of the judges in the States [Länder] is regulated by special State [Land] statutes, insofar as Article 74 I No. 27 does not provide otherwise.(4) The States [Länder] may provide that the State [Land] minister of Justice together with a committee for the selection of judges decides on the appointment of judges in the States [Länder].(5) The States [Länder] may, in respect of State [Land] judges, enact provisions corresponding to those of Paragraph II. Existing State [Land] constitutional law remains unaffected. The decision in a case of impeachment of a judge rests with the Federal Constitutional Court.The decision on constitutional disputes within a State [Land] may be assigned by State [Land] legislation to the Federal Constitutional Court, and the decision at last instance in matters involving the application of State [Land] law to the highest courts of justice referred to in Article 95 I.(1) Where a court considers that a statute on whose validity the court's decision depends is unconstitutional, the proceedings have to be stayed, and a decision has to be obtained from the State [Land] court with jurisdiction over constitutional disputes where the constitution of a State [Land] is held to be violated, or from the Federal Constitutional Court where this Constitution is held to be violated. This also applies where this Constitution is held to be violated by State [Land] law or where a State [Land] statute is held to be incompatible with a federal statute.(2) Where, in the course of litigation, doubt exists whether a rule of public international law is an integral part of federal law and whether such rule directly creates rights and duties for the individual (Article 25), the court obtains a decision from the Federal Constitutional Court.(3) Where the constitutional court of a State [Land], in interpreting this Constitution, intends to deviate from a decision of the Federal Constitutional Court or of the constitutional court of another State [Land],