Basic Law for the Federal Republic of Germany
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Basic Law for the Federal Republic of Germany Promulgated by the Parliamentary Council on 23 May 1949 as amended up to June 2008 Published by: German Bundestag – Administration – Public Relations Division Berlin, 2008 www.bundestag.de Produced by: Ebner & Spiegel, Ulm Translated by: Professor Christian Tomuschat and Professor David P. Currie Translation revised by: Professor Christian Tomuschat and Professor Donald P. Kommers in cooperation with the Language Service of the German Bundestag All rights reserved. This publication is produced by the German Bundestag in the framework of its parliamentary public-relations activities. It is not intended for resale. It may not be used by political parties, parliamentary groups, Members of the Bundestag or candidates in their own public-relations activities, particularly those related to electoral canvassing. Contents Page BASIC LAW FOR THE FEDERAL REPUBLIC OF GERMANY 8 PREAMBLE 8 I. BASIC RIGHTS 9 Article 1 [Human dignity – Human rights – Legally binding force of basic rights] 9 Article 2 [Personal freedoms] 9 Article 3 [Equality before the law] 9 Article 4 [Freedom of faith and conscience] 9 Article 5 [Freedom of expression, arts and sciences] 9 Article 6 [Marriage – Family – Children] 10 Article 7 [School system] 10 Article 8 [Freedom of assembly] 10 Article 9 [Freedom of association] 11 Article 10 [Privacy of correspondence, posts and telecommunications] 11 Article 11 [Freedom of movement] 11 Article 12 [Occupational freedom] 11 Article 12a [Compulsory military and alternative civilian service] 12 Article 13 [Inviolability of the home] 12 Article 14 [Property – Inheritance – Expropriation] 13 Article 15 [Socialisation] 13 Article 16 [Citizenship – Extradition] 14 Article 16a [Right of asylum] 14 Article 17 [Right of petition] 14 Article 17a [Restriction of basic rights in specific instances] 15 Article 18 [Forfeiture of basic rights] 15 Article 19 [Restriction of basic rights – Legal remedies] 15 II. THE FEDERATION AND THE LÄNDER 16 Article 20 [Constitutional principles – Right of resistance] 16 Article 20a [Protection of the natural foundations of life and animals] 16 Article 21 [Political parties] 16 Article 22 [Federal capital – Federal flag] 16 Article 23 [European Union – Protection of basic rights – Principle of subsidiarity] 16 Article 24 [Transfer of sovereign powers – System of collective security] 17 Article 25 [Primacy of international law] 18 Article 26 [Securing international peace] 18 Article 27 [Merchant fleet] 18 Article 28 [Land constitutions – Autonomy of municipalities] 18 Article 29 [New delimitation of the federal territory] 18 Article 30 [Sovereign powers of the Länder] 20 Article 31 [Supremacy of federal law] 20 Article 32 [Foreign relations] 20 Article 33 [Equal citizenship – Public service] 20 Article 34 [Liability for violation of official duty] 20 Article 35 [Legal and administrative assistance and assistance during disasters] 21 Article 36 [Personnel of federal authorities] 21 Article 37 [Federal execution] 21 III. THE BUNDESTAG 22 Article 38 [Elections] 22 Article 39 [Electoral term – Convening] 22 Article 40 [Presidency – Rules of procedure] 22 Article 41 [Scrutiny of elections] 22 Article 42 [Public sittings – Majority decisions] 22 Article 43 [Right to require presence, right of access and right to be heard] 23 Article 44 [Committees of inquiry] 23 Article 45 [Committee on the European Union] 23 Article 45a [Committees on Foreign Affairs and Defence] 23 Article 45b [Parliamentary Commissioner for the Armed Forces] 24 Article 45c [Petitions Committee] 24 Article 46 [Immunities of Members] 24 Article 47 [Right of refusal to give evidence] 24 Article 48 [Candidature – Protection of membership – Remuneration] 25 Article 49 [Repealed] 25 IV. THE BUNDESRAT 26 Article 50 [Functions] 26 Article 51 [Composition – Weighted voting] 26 Article 52 [President – Decisions – Rules of procedure] 26 Article 53 [Attendance of members of the Federal Government] 26 IVa. THE JOINT COMMITTEE 27 Article 53a [Composition – Rules of procedure] 27 V. THE FEDERAL PRESIDENT 28 Article 54 [Election – Term of office] 28 Article 55 [Incompatibilities] 28 Article 56 [Oath of office] 28 Article 57 [Substitution] 29 Article 58 [Countersignature] 29 Article 59 [Representation of the Federation for the purposes of international law] 29 Article 59a [Repealed] 29 Article 60 [Appointment of civil servants – Pardon – Immunity] 29 Article 61 [Impeachment before the Federal Constitutional Court] 30 VI. THE FEDERAL GOVERNMENT 31 Article 62 [Composition] 31 Article 63 [Election of the Federal Chancellor] 31 Article 64 [Appointment and dismissal of Federal Ministers – Oath of office] 31 Article 65 [Power to determine policy guidelines – Department and collegiate responsibility] 31 Article 65a [Command of the Armed Forces] 32 Article 66 [Incompatibilities] 32 Article 67 [Vote of no confidence] 32 Article 68 [Vote of confidence] 32 Article 69 [Deputy Federal Chancellor – Term of office] 32 VII. FEDERAL LEGISLATION AND LEGISLATIVE PROCEDURES 33 Article 70 [Division of powers between the Federation and the Länder] 33 Article 71 [Exclusive legislative power of the Federation] 33 Article 72 [Concurrent legislative powers] 33 Article 73 [Matters under exclusive legislative power of the Federation] 34 Article 74 [Matters under concurrent legislative powers] 35 Article 74a [Repealed] 36 Article 75 [Repealed] 36 Article 76 [Bills] 36 Article 77 [Legislative procedure – Mediation Committee] 37 Article 78 [Passage of federal laws] 37 Article 79 [Amendment of the Basic Law] 38 Article 80 [Issuance of statutory instruments] 38 Article 80a [State of tension] 38 Article 81 [Legislative emergency] 39 Article 82 [Certification – Promulgation – Entry into force] 39 VIII. THE EXECUTION OF FEDERAL LAWS AND THE FEDERAL ADMINISTRATION 40 Article 83 [Execution by the Länder] 40 Article 84 [Länder administration – Federal oversight] 40 Article 85 [Execution by the Länder on federal commission] 40 Article 86 [Federal administration] 41 Article 87 [Matters] 41 Article 87a [Armed Forces] 42 Article 87b [Federal Defence Administration] 42 Article 87c [Production and utilisation of nuclear energy] 42 Article 87d [Air transport administration] 43 Article 87e [Rail transport administration] 43 Article 87f [Posts and telecommunications] 43 Article 88 [The Federal Bank – The European Central Bank] 44 Article 89 [Federal waterways – Administration of waterways] 44 Article 90 [Federal highways] 44 Article 91 [Internal emergency] 44 VIIIa. JOINT TASKS 46 Article 91a [Joint tasks – Responsibility for expenditure] 46 Article 91b [Education programmes and promotion of research] 46 IX. THE JUDICIARY 47 Article 92 [Court organisation] 47 Article 93 [Jurisdiction of the Federal Constitutional Court] 47 Article 94 [Composition of the Federal Constitutional Court] 48 Article 95 [Supreme federal courts] 48 Article 96 [Other federal courts] 48 Article 97 [Judicial independence] 49 Article 98 [Legal status of judges – Impeachment] 49 Article 99 [Constitutional disputes within a Land] 49 Article 100 [Concrete judicial review] 49 Article 101 [Ban on extraordinary courts] 50 Article 102 [Abolition of capital punishment] 50 Article 103 [Fair trial] 50 Article 104 [Deprivation of liberty] 50 X. FINANCE 52 Article 104a [Apportionment of expenditures – Financial system – Liability] 52 Article 104b [Financial assistance for investments] 52 Article 105 [Distribution of powers regarding tax laws] 53 Article 106 [Apportionment of tax revenue and yield of fiscal monopolies] 53 Article 106a [Federal grants for local mass transit] 55 Article 107 [Distribution of tax revenue – Financial equalisation among the Länder – Supplementary grants] 55 Article 108 [Financial administration of the Federation and the Länder – Financial courts] 55 Article 109 [Budget management in the Federation and the Länder] 56 Article 110 [Federal budget] 57 Article 111 [Interim budget management] 57 Article 112 [Extrabudgetary expenditures] 58 Article 113 [Increase of expenditures] 58 Article 114 [Submission and auditing of accounts] 58 Article 115 [Limits of borrowing] 58 Xa. STATE OF DEFENCE 60 Article 115a [Declaration of state of defence] 60 Article 115b [Power of command of the Federal Chancellor] 60 Article 115c [Extension of the legislative powers of the Federation] 60 Article 115d [Urgent bills] 61 Article 115e [Joint Committee] 61 Article 115f [Use of Federal Border Police – Extended powers of instruction] 61 Article 115g [Federal Constitutional Court] 62 Article 115h [Expiry of electoral terms and terms of office] 62 Article 115i [Powers of the Land governments] 62 Article 115k [Rank and duration of emergency provisions] 63 Article 115l [Repeal of emergency measures – Conclusion of peace] 63 XI. TRANSITIONAL AND CONCLUDING PROVISIONS 64 Article 116 [Definition of “German” – Restoration of citizenship] 64 Article 117 [Suspended entry into force of two basic rights] 64 Article 118 [New delimitation of Baden and Württemberg] 64 Article 118a [New delimitation of Berlin and Brandenburg] 64 Article 119 [Refugees and expellees] 64 Article 120 [Occupation costs – Burdens resulting from the war] 65 Article 120a [Equalisation of burdens] 65 Article 121 [Definition of “majority of the members”] 65 Article 122 [Date of transmission of legislative powers] 66 Article 123 [Continued applicability of pre-existing law] 66 Article 124 [Continued applicability of law within the scope of exclusive legislative power] 66 Article 125 [Continued applicability of law within the scope of