Grundgesetz -- "Basic Law" (German Constitution) (May 23, 1949--Last amended August 31, 1990; English translation)

Part Two

BASIC LAW for the Federal Republic of Germany

(Promulgated by the Parliamentary Council on 23 May 1949)
(as Amended by the Unification Treaty of 31 August 1990 and
Federal Statute of 23 September 1990)

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

Foreword by the Federal President:
For more than forty years, the Basic Law has determined the development of the polity of the Federal Republic of Germany. In its area of application, it has bestowed on the citizens a life in liberty, democratic self-determination and personal responsibility, protected by law and justice.
This political order is the freest the Germans have enjoyed in their history to date. For decades, the division of Germany prevented the entire German people from living in such freedom.

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

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

Richard von Weizsacker

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BASIC LAW for the Federal Republic of Germany
(Promulgated by the Parliamentary Council on 23 May 1949)
(as Amended by the Unification Treaty of 31 August 1990 and
Federal Statute of 23 September 1990)

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

Conscious of their responsibility before God and Men, Animated by the resolve to serve world peace as an equal partner in a united Europe, the German people have adopted, by virtue of their constituent power, this Basic Law.
The Germans in the Länder of Baden-Wuerttemberg, Bavaria, Berlin, Brandenburg, Bremen, Hamburg, Hesse, Lower Saxony, Mecklenburg-Western Pomerania, North-Rhine-Weststphalia, Rhineland-Paltinate, Saarland, Saxony, Saxony-Anhalt, Schleswig-Holstein, and Thuringia have achieved the unity and freedom of Germany in free self-determination. This Basic Law is thus valid for the entire German People.

1. BASIC RIGHTS

Article 1 (Protection of human dignity). (1) The dignity of man 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 community, of peace and of justice in the world. (3) The following basic rights bind the legislature, the executive and the judiciary as directly enforceable law.

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

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

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

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

Article 6 (Rights of the Family). (1) Marriage and family enjoy the special protection of the state. (2) Care and upbringing of children are the natural right of the parents and a duty primarily incumbent on them. The state watches over the performance of this duty. (3) Separation of children from the family against the will of the persons entitled to bring them up may take place only pursuant to a law, if those so entitled fail in their duty or if the children are otherwise threatened with neglect. (4) Every mother is entitled to the protection and care of the community. (5) Illegitimate children shall be provided by legislation with the same opportunities for their physical and spiritual development and their position in society as are enjoyed by legitimate children.

Article 7 (Education).
(1) The entire education system is under the supervision of the state. (2) The persons entitled to bring up a child have the right to decide whether they shall receive religious instruction. (3) Religious instruction forms part of the ordinary curriculum in state and municipal schools, excepting secular schools. Without prejudice to the state's right of supervision, religious instruction is given in accordance with the tenets of the religious communities. No teacher may be obliged against his will to give religious instruction. (4) The right to establish private schools is guaranteed. Private schools as a substitute for state or municipal schools, require the approval of the state and are subject to the laws of the Laender. This approval must be given if private schools are not inferior to the state or municipal schools in their educational aims, their facilities and the professional training of their teaching staff, and if a segregation of the pupils according to the means of the parents is not promoted. This approval must be withheld if the economic and legal position of the teaching staff is not sufficiently assured. (5) A private elementary school shall be admitted only if the educational authority finds that it serves a special pedagogic interest or if, on the application of persons entitled to bring up children, it is to be established as an interdenominational or denominational or ideological school and a state or municipal elementary school of this type does not exist in the community (6) Preparatory schools remain abolished.

Article 8 (Freedom of assembly).

(1) All Germans have the right to assemble peacefully and unarmed without prior notification or permission. (2) With regard to open-air meetings this right may be restricted by or pursuant to a law. Article 9 (Freedom of association).
(1) All Germans have the right to form associations and societies. (2) Associations, the objects or activities of which conflict with the criminal laws or which are directed against the constitutional order or the concept of international understanding, are prohibited. (3) The right to form associations to safeguard and improve working and economic conditions is guaranteed to everyone and to all trades and professions. Agreements which restrict or seek to hinder this right are null and void; measures directed to this end are illegal.
Article 10 (Privacy of letters, posts, and telecommunications; amended 24 June 1968)
(1) Privacy of letters, posts, and telecommunications shall be inviolable. (2) Restrictions may only be ordered pursuant to a statute. Where a restriction serves to protect the free democratic basic order or the existence or security of the Federation, the statute may stipulate that the person affected shall not be informed of such restriction and that recourse to the courts shall be replaced by a review of the case by bodies and auxiliary bodies appointed by Parliament.

Article 11 (Freedom of movement).
(1) All Germans enjoy freedom of movement throughout the Federal territory. (2) This right may be restricted only by or pursuant to a statute, and only in cases in which an adequate basis of existence is lacking and special burdens would arise to the community, or in which the restriction is necessary to avert an imminent danger to the existence or the free democratic basic order of the Federation or a Land, to combat the danger of epidemics, to deal with natural disasters or particularly grave accidents, to protect young people from neglect or to prevent crime.

Article 12 (Right to choose an occupation, prohibition of forced labor; amended March 19, 1956.)
(1) All Germans have the right freely to choose their trade or profession their place of work and their place of training. The practice of trades and professions may be regulated by law. (2) No one may be compelled to perform a particular work except within the framework of a traditional compulsory public service which applies generally and equally to all. Anyone who refuses on conscientious grounds to render war service involving the use of arms may be required to render an alternative service. The duration of this alternative service shall not exceed the duration of military service. Details shall be regulated by a law which shall not prejudice freedom of conscience and shall provide also for the possibility of an alternative service having no connection with any unit of the Armed Forces. (3) Women shall not be required by law to render service in any unit of the Armed Forces. On no account shall they be employed in any service involving the use of arms. (4) Forced labor may be imposed only in the event that a person is deprived of his freedom by the sentence of a court.

Article 12a (Liability to military and other service; added 24 June 1968)
(1) Men who have attained the age of 18 years may be required to serve in the Armed Forces, in the Federal Border Guard, or in a civil defense organization. (2) A person who refuses, on grounds of conscience, to render war service involving the sue of arms may be required to render a substitute service. The duration of such substitute service shall not exceed the duration of military service. Details shall be regulated by a statute which shall not interfere with freedom to take a decision based on conscience and shall also provide for the possibility of a substitute service not connected with units of the Armed Forces or of the Federal Border Guard. (3) Persons liable to military service who are not required to render service pursuant to paragraph (1) or (2) of this Article may, during a state of defense (Verteidigungsfall), be assigned by or pursuant to a statute to an employment involving civilian services for defense purposes, including the protection of the civilian population; it shall, however, not be permissible to assign persons to an employment subject to public law except for the purpose of discharging police functions or such other functions of public administration as can only be discharged by persons employed under public law. Persons may be assigned to an employment -as referred to in the first sentence of thhis paragraph- with the Armed forces, including the supplying and servicing of the latter, or with public administrative authorities; assignments to employment connected with supplying and servicing the civilian population shall not be permissible except in order to meet their vital requirements or to guarantee their safety. (4) Where, during a state of defense, civilian service requirements in the civilian health system or in the stationary military hospital organization cannot be met on a voluntary basis, women between eighteen and fity-five years of age may be assigned to such services by or pursuant to a statute. They may on no account render service involving the use of arms. (5) Prior to the existence of a state of defense, assignments, under paragraph 3 of this Article may only be made where the requirements of paragraph 1 of Article 80a are satisfied. It shall be admissible to require persons by or pursuant to a statute to attend training courses in order to prepare them for the performance of such services in accordance with paragraph 3 of this Article as require special knowledge or skills. To this extent, the first sentence of this paragraph shall not apply. (6) Where, during a state of defense, staffing requirements for the purposes referred to in the second sentence of paragraph 3 of this Article cannot be met on a voluntary basis, the right of a German to quit the pursuit of his occupation or quit his place of work may be restricted by or pursuant to a statute in order to meet these requirements. The first sentence of paragraph 5 of this Article shall apply mutatis mutandis prior to the existence of a state of defense.

Article 13 (Inviolability of the home).
(1) The home is inviolable. (2) Searches may be ordered only by a judge or, in the event of danger in delay, by other organs as provided by law and may be carried out only in the form prescribed by law. (3) Otherwise, this inviolability may be encroached upon or restricted only to avert a common danger or a mortal danger to individuals, or, pursuant to a law, to prevent imminent danger to public security and order, especially to alleviate the housing shortage, to combat the danger of epidemics or to protect endangered juveniles.

Article 14 (Property, right of inheritance, taking of property)
(1) Property and the rights of inheritance are guaranteed. Their content and limits are determined by the laws. (2) Property imposes duties. Its use should also serve the public weal. (3) Expropriation is permitted only in the public weal. It may take place only by or pursuant to law which provides for kind and extent of the compensation. The compensation shall be determined upon just consideration of the public interest and of the interests of the persons affected. In case of dispute regarding the amount of compensation, recourse may be had to the ordinary courts.

Article 15 (Socialization).
Land, natural resources and means of production may for the purpose of socialization be transferred into public ownership or other forms of publicly controlled economy by a law which provides for kind and extent of the compensation. With respect to such compensation Article 14, para. 3, sentences 3 and 4, apply mutatis mutandis.
Article 16 (Deprivation of citizenship, extradition, right of asylum).
(1) No one may be deprived of his German citizenship. Loss of citizenship may arise only pursuant to a law, and against the will of the person affected it may arise only if such person does not thereby become stateless. (2) No German may be extradited to a foreign country. Persons persecuted for political reasons enjoy the right of asylum

Article 17 (Right of petition).
Everyone has the right individually or jointly with others to address written requests or complaints to the competent authorities and to the representative assemblies.

Article 17a (Restriction of individual basic rights through legislation enacted for defense purposes and concerning substitute service; amended March 19 1956).
(1) Laws concerning military services and alternative service may by provisions applying to members of the Armed Forces and of alternative services during their period of military or alternative service, restrict the basic right freely to express and to disseminate opinions by speech, writing, and pictures (Article 5, paragraph (1) first half-sentence), the basic right of assembly (Article 9), and the right of petition Article 17) insofar as it permits to address requests or complaints jointly with others. (2) Laws for defense purposes, including the protection of the civilian population may provide for the restriction of the basic rights of freedom of movement (Article 11) and inviolability of the home (Article 13).

Article 18 (Forfeiture of basic rights).
Whoever abuses freedom of opinion, in particular freedom of the press (Article 5, paragraph 1) freedom of teaching (Article 5, paragraph 3), freedom of assembly (Article 8), freedom of association (Article 9), the secrecy of mail posts and telecommunications (Article 10),property (Article 14), or the right of asylum (Article 16, paragraph 2) in order to attack the free democratic basic order, forfeits these basic rights. The forfeiture and its extent are pronounced by the Federal Constitutional Court.

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

II THE FEDERATION AND THE LÄNDER

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

Article 21 (Political Parties; amended 21 December 1983)
(1) The political parties participate in the forming of the political will of the people. They may be freely established. Their internal organization shall conform to democratic principles. They shall publicly account for the sources of their funds and for their assets. (2) Parties which, by reason of their aims or the behavior of their adherents, seek or impair or destroy the free democratic basic order or to endanger the existence of the Federal Republic of Germany shall be unconstitutional. The Federal Constitutional Court decides on the question of unconstitutionality. (3) Details will be regulated by Federal legislation.

Article 22.
The Federal flag is black-red-gold.

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

Article 24 (Entry into a collective security system)
(1) The Federation may, by legislation, transfer sovereign powers to international institutions. (2) For the maintenance of peace, the Federation may join a system of mutual collective security; in doing so it will consent to such limitations upon its sovereign powers as will bring about and secure a peaceful and lasting order in Europe and among the nations of the world. (3) For the settlement of disputes between nations, the Federation will accede to agreements concerning a general, comprehensive and obligatory system of international arbitration.

Article 25 (Public international law and federal law)
The general rules of public international law form part of the Federal law. They take precedence over the laws and directly create rights and duties for the inhabitants of the Federal territory.

Article 26 (Ban on preparing a war of aggression)
(1) Activities tending and undertaken with the intent to disturb peaceful relations between nations, especially to prepare for aggressive war, are unconstitutional. They shall be made a punishable offense. (2) Weapons designed for warfare may be manufactured, transported or marketed only with the permission of the Federal Government. Details will be regulated by a Federal Law.

Article 27 (Merchant fleet) All German merchant vessels form one merchant fleet.

Article 28 (Federal guarantee concerning Länder constitutions, guarantee of self-government for local authorities)
(1) The constitutional order in the Länder must conform to the principles of republican, democratic, and social government based on the rule of law, within the meaning of this Basic Law. In each of the Länder, counties and communities, the people must be represented by a body chosen in universal, direct, free, equal and secret elections- In the communities the assembly of the community may take the place of an elected body. (2) The communities must be guaranteed the right to regulate on their own responsibility all the affairs of the local community within the limits set by law. The associations of communities also have the right of self- government in accordance with the law within the limits of the functions given them by law. (3) The Federation guarantees that the constitutional order of the Länder conforms to the basic rights and to the provisions of paragraphs (1) and (2).

Article 29 (New delimitation of Länder boundaries; amended 19 August 1969 and 23 August 1976)
(1) A new delimitation of federal territory may be made to ensure that the Länder by the size and capacity are able effectively to fulfill the functions incumbent upon them. Due regard shall be given to regional, historical and cultural ties, economic expediency, and the requirements of regional policy and planning. (2) Measures for a new delimitation of federal territory shall be effected by federal statutes which shall require confirmation by referendum. The Länder thus affected shall be consulted. (3) A referendum shall be held in the länder from whose territories or partial territories a new Land or a Land which redefined boundaries is the be formed (affected Länder). The referendum shall be held on the question whether the affected Länder are to remain within their existing boundaries or whether the new Land or Land with redefined boundaries should be formed. The referendum shall be deemed to be in favor of the formation of a new Land or of a Land with redefined boundaries where approval is given to the change by a majority in all the territories or partial territories of an affected Land whose assignment to a Land is to be changed in the same sense. The referendum shall be deemed not to be in favor where change; such rejection shall, however, be of no consequence where in one part of the territory whose assignment of the affected Land is to be changed a majority of two-thirds approve of the change, unless in the entire territory of the affected Land a majority of two-thirds reject the change. (4) Where in a clearly definable area of interconnected population and economic settlement, the parts of which lie in several Länder and which has a population of at least one million, one tenth of those of its population entitled to vote in Bundestag elections petition by popular initiative for the assignment of that area to one Land, provision shall be made within two years in a federal statute determining whether the delimitation of the affected Länder shall be changed pursuant to paragraph 2 of this Article or determining that a plebiscite shall be held in the affected Länder. (5) The plebiscite shall establish whether approval is given to a change of 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 Länder delimitation, provision shall be made within two years in a federal statute determining whether the delimitation of the Länder concerned shall be changed pursuant to paragraph 2 of this Article. Where approval is given, in accordance with the third and fourth sentences of paragraph 3 of this Article, to a proposal put forward for the plebiscite, a federal statute providing for the formation of the proposed Land shall be enacted within two years of the plebiscite and shall no longer require confirmation by referendum. (6) A majority in a referendum or in a plebiscite shall consist of a majority of the votes cast, provided that they amount to at least one quarter of the population entitled to vote in Bundestag elections. Other detailed provisions concerning referendums, popular petitions and plebiscites (Volksentscheide, Volksbefragungen) shall be made in a federal statute; such statute may also provide that popular petitions may not be repeated within a period of five years. (7) Other changes concerning the territory of the Länder may be effected by state agreements between the Länder concerned or by a federal statute with the approval of the Bundesrat where the territory which is to be the subject of a new delimitation does not have more than 10,000 inhabitants. Detailed provision shall be made in a federal statute requiring the approval of the Bundesrat and the majority of the members of the Bundestag. It shall make provision for the affected communes and districts to be heard.

Article 30 (Distribution of competence between the Federation and the Länder) The exercise of governmental powers and the discharge of governmental functions is incumbent on the Länder insofar as this Basic Law does not otherwise prescribe or permit.

Article 31.Federal law overrides Land law.

Article 32 (Foreign Relations) (1) The conduct of relations with foreign states is the concern of the Federation. (2) Before the conclusion of a treaty affecting the special interests of a Land, this Land must be consulted in sufficient time. (3) Insofar as the Länder have power to legislate, they may, with the consent of the Federal Government, conclude treaties with foreign states.

Article 33 (Equal political status of all Germans, professional civil service) (1) Every German has in every Land the same civil rights and duties. (2) Every German is equally eligible for any public office according to his aptitude, qualifications and professional achievements. (3) Enjoyment of civil and civic rights eligibility for public office, and rights acquired in the public service are independent of religious denomination. No one may suffer disadvantage by reason of his adherence or non-adherence to a denomination or ideology. (4) The exercise of state authority as a permanent function shall as a rule be entrusted to members of the public service whose status, service and loyalty are governed by public law. (5) The law of the public service shall be regulated with due regard to the traditional principles of the permanent civil service.

Article 34 (Liability in the event of a breach of official duty) If any person, in the exercise of a public office entrusted to him, violates his official obligations to a third party, liability rests in principle on the state or the public authority which employs him. In the case of willful intent or gross carelessness the right of recourse is reserved. With respect to the claim for compensation or the right of recourse, the jurisdiction of the ordinary courts must not be excluded.

Article 35 (Legal and administrative assistance, assistance during disasters) (1) All Federal and Land authorities render each other mutual legal and administrative assistance. (2) In order to maintain or to restore public security or order, a Land may, in cases of particular importance, call upon forces and facilities of the Federal Border Guard to assist its police where without this assistance the police could not, or only with considerable difficulty, fulfill a task. In order to deal with a natural disaster or as especially grave accident, a Land may request the assistance of the police forces of other Länder or of forces and facilities of other administrative authorities or of the Federal Border Guard or the Armed Forces. (amended 28 July 1972) (3) Where the natural disaster or the accident endangers a region larger than a Land, the Federal Government may, insofar as this is necessary to effectively deal with such danger, instruct the Land governments to place their police forces at the disposal of other Länder, and may use units of the Federal Border Guard or the Armed Forces to support the first sentence of this paragraph shall be revoked at any time a the demand of the Bundesrat, and otherwise immediately upon removal of the danger.

Article 36 (Personnel of the federal authorities; amended March 19, 1956) (1) Civil servants employed in the highest Federal authorities shall be drawn from all Länder in appropriate proportion. Persons employed in other Federal authorities should, as a rule be drawn from the Land in which they serve. (2) Military laws shall take into account the division of the Federal Länder and the latter's particular ethnic conditions.

Article 37 (Federal coercion) (1) If a Land fails to comply with its obligations of a Federal character imposed by the Basic Law or another Federal law, the Federal Government may, with the consent of the Bundesrat, take the necessary measures to enforce such compliance by the Land by way of Federal compulsion.(2) To carry out such Federal compulsion the Federal Government or its commissioner has the right to give instructions to all Länder and their authorities.
THE LOWER HOUSE OF PARLIAMENT (BUNDESTAG)

Article 38 (Elections) (1) The deputies to the German Bundestag are elected in universal, direct, free, equal and secret elections. They are representatives of the whole people, are not bound by orders and instructions and are subject only to their conscience. (2) Anyone who has attained the age of eighteen is entitled to vote, anyone who has attained the age of twenty-five is eligible for election. (3) Details will be regulated by a Federal law.

Article 39 (Assembly and legislative term; amended 23 August 1976)(1) The Bundestag is elected for a four-year term. Its legislative term ends with the assembly of a new Bundestag. The new election shall be held forty- five months at the earliest, and forty-seven months at the latest after the beginning of the legislative term. Where the Bundestag is dissolved, the new election shall be held within sixty days. (2) The Bundestag shall assemble, at the latest, on the thirtieth day after the election. (3) The Bundestag determines the termination and resumption of its meetings. The President of the Bundestag may convene it at an earlier date. He must do so if one-third of the members, the Federal President or the Federal Chancellor so demand.

Article 40 (President, rules of procedure)
(1) The Bundestag elects its President, Vice-Presidents and Secretaries. It draws up its rules of procedure. (2) The President exercises the proprietary and police powers in the Bundestag building. No search or seizure may take place in the premises of the Bundestag without his permission.

Article 41 (Scrutiny of elections) (1) The scrutiny of elections is the responsibility of the Bundestag. It also decides whether a deputy has lost his seat in the Bundestag. (2) Against the decision of the Bundestag an appeal can be made to the Federal Constitutional Court. (3) Details will be regulated by a Federal law.

Article 42 (Proceedings, voting)(1) The meetings of the Bundestag are public. Upon a motion of one-tenth of its members, or upon a motion of the Federal Government, the public may, by a two-thirds majority vote, be excluded. The decision on the motion is taken at a meeting not open to the public. (2) Decisions of the Bundestag require a majority of votes cast unless this Basic law provides otherwise. For the elections to be made by the Bundestag the rules of procedure may provide exemptions. (3) True and accurate reports of the public meetings of the Bundestag and of its committees shall not give rise to any liability.

Article 43 (Presence of members of the Federal Government and of the Bundesrat) (1) The Bundestag and its committees may demand the presence of any member of the Federal Government. (2) The members of the Bundesrat and of the Federal Government as well as persons commissioned by them have access to all meetings of the Bundestag and its committees. They must be heard at any time.
Article 44 (Committees of investigation) (1) The Bundestag has the right, and upon the motion of one- fourth of its members the duty, to set up a committee of investigation which shall take the requisite evidence at public hearings. The public may be excluded. (2) The rules of criminal procedure shall apply mutatis mutandis to the taking of evidence. The secrecy of the mail, posts and telecommunications remains unaffected. (3) Courts and administrative authorities are bound to render legal and administrative assistance. (4) The decisions of the committees of investigation are not subject to judicial consideration. The courts are free to evaluate and judge the facts on which the investigation is based

Article 45 (Repealed, 23 August 1976)

Article 45a (Committees on Foreign Affairs and Defense; added March 19, 1956). (1) The Bundestag shall appoint a Committee on Foreign Affairs and a Committee on Defense. (**2nd sentence deleted, 23 Aug 1976**) (2) The Committee on Defense shall also have the rights of a committee on investigation. Upon the motion of one fourth of its members it shall have the duty to make a specific matter the subject of investigation. (3) Article 44 paragraph (1) shall not be applied in matters of defense.

Article 45b (Defense Commissioner of the Bundestag; inserted 17 July 1975) A Defense Commissioner of the Bundestag shall be appointed to safeguard the basic rights and to assist the Bundestag in exercising parliamentary control. Details shall be regulated by a federal statute.

Article 45c (Petitions Committee; inserted 17 July 1975) (1) The Bundestag shall appoint a Petitions Committee to deal with requests and complaints addressed to the Bundestag pursuant to Article 17. (2) The powers of the Committee to consider complaints shall be regulated by federal statute.

Article 46 (Indemnity and immunity of deputies) (1) A deputy may not at any time be prosecuted in the courts or subjected to disciplinary action or otherwise called to account outside the Bundestag on account of a vote cast or an utterance made by him in the Bundestag or one of its committees. This does not apply to defamatory insults. (2) A deputy may be called to account or arrested for a punishable offense only by permission of the Bundestag, unless he is apprehended in the commission of the offense or during the course of the following day. (3) The permission of the Bundestag is also necessary for any other restriction of the personal freedom of a duty or for the initiation of proceedings against a deputy under Article 18. (4) Any criminal proceedings and any proceedings under Article 18 against a deputy, any detention and any other restriction of his personal freedom shall be suspended upon the request of the Bundestag.

Article 47 (Right of deputies to refuse to give evidence) Deputies may refuse to give evidence concerning persons who have confided facts to them in their capacity as deputies or to whom they have confided facts in such capacity, as well a concerning these facts themselves. To the extent that this right to refuse to give evidence exists, no seizure of documents may take place.

Article 48 (Entitlements of deputies) (1) Any person seeking election to the Bundestag is entitled to the leave necessary for his election campaign. (2) No one may be prevented from accepting and exercising the office of deputy. He may not be dismissed from employment, with or without notice, on this ground. (3) Deputies are entitled to compensation adequate to ensure their independence. They are entitled to the free use of all state owned transport. Details will be regulated by a Federal Law.

Article 49 (Repealed, 23 August 1976)

IV. THE UPPER HOUSE OF PARLIAMENT (BUNDESRAT)

Article 50 (Functions) The Länder participate through the Bundesrat in the legislation and administration of the Federation.

Article 51 (Composition)
(1) The Bundesrat consists of members of the Länder governments which appoint and recall them. Other members of such governments may act as substitutes. (2) Each Land has at least three votes; Länder with more than two million inhabitants have four, Länder with more than seven million inhabitants, six votes (amended Unification Treaty of 31 August 1990). (3) Each Land may delegate as many members as it has votes. The votes of each Land may be cast only as a block vote and only by members present or their substitutes.

Article 52 (President, rules of procedure) (1) The Bundesrat elects its President for one year. (2) The President convenes the Bundesrat. He must convene it if the members for at least two Länder or the Federal Government so demand. (3) The Bundesrat takes its decisions by at least a majority of its votes It draws up its rules of procedure. Its meetings are public. The public may be excluded. (4) Other members of, or persons Commissioned by, Länder governments may serve on the committees of the Bundesrat.

Article 53 (Presence of members of the Federal Government) The members of the Federal Government have the right, and on demand the duty to take part in the debates of the Bundesrat and of its Committees. They must be heard at any time. The Bundesrat must be currently kept informed by the Federal Government of the conduct of affairs.

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

Article 53a (Composition, rules of procedure, right to information)
(1) Two thirds of the members of the Joint Committee shall be deputies of the Bundestag and one third shall be members of the Bundesrat. The Bundestag shall delegate its deputies in proportion to the relative strength of its parliamentary groups; deputies shall not be members of the Federal Government. Each Land shall be represented by a Bundesrat member of its choice; these members shall not be bound by instructions. The establishment of the Joint Committee and its procedures shall be regulated by rules of procedure to be adopted by the Bundestag and requiring the consent of the Bundesrat. (2) The Federal Government shall inform the Joint Committee about its plans in respect of a state of Defense. The rights of the Bundestag and its committees under paragraph 1 of Article 43 shall remain unaffected by the provision of this paragraph.

V. THE FEDERAL PRESIDENT

Article 54 (Election) (1) The Federal President is elected, without debate, by the Federal Convention. Every German is eligible who is entitled to vote for the Bundestag and who has attained the age of forty. (2) The term of office of the Federal President is five years. Reelection for a consecutive term is permitted only once. (3) The Federal Convention consists of the members of the Bundestag and an equal number of members elected by the representative assemblies of the Länder according to the rules of proportional representation. (4) The Federal Convention meets not later than thirty days before the expiration of the term of office of the Federal President or, In the case of premature termination, not later than thirty days after this date. It is convened by the President of the Bundestag. (5) After expiration of the legislative term the period specified in paragraph 4, first sentence, begins with the first meeting of the Bundestag.(6) The person receiving the votes of the majority of the members of the Federal Convention is elected. If such majority is not obtained by any candidate in two ballots, the candidate who receives the largest number of votes in a further ballot is elected. (7) Details will be regulated by a Federal law.

Article 55 (Incompatibilities)
(1) The Federal President may not be a member of the Government or of a legislative body of the Federation or of a Land. (2) The Federal President may not hold any other salaried office, nor engage in a trade, nor practice a profession, nor belong to the management or ends in any event on the first meeting of a new Bundestag, the tenure of office of a Federal Minister ends also on any other termination of the tenure of office of the Federal Chancellor. (3) At the request of the Federal President, the Federal Chancellor, or at the request of the Federal Chancellor or of the Federal President, a Federal Minister is bound to continue to transact the business of his office until the appointment of a successor.

Article 56 (Oath of office) On assuming his office the Federal President takes the following oath before the assembled members of the Bundestag and the Bundesrat: "I swear that I will dedicate my efforts to the well-being of the German people, enhance its benefits, ward harm from it, uphold and defend the Basic Law and the laws of the Federation, fulfill my duties conscientiously, and do justice to all. So help me God." The oath may also be taken without religious affirmation.

Article 57 (Representation) If the Federal President is prevented from exercising his powers or if his office falls prematurely vacant his powers will be exercised by the President of the Bundesrat.

Article 58 (Countersignature) Orders and decrees of the Federal President require for their validity the countersignature of the Federal Chancellor or the appropriate Federal minister. This does not apply to the appointment and dismissal of the Federal Chancellor, the dissolution of the Bundestag under Article 63 and the request under Article 69, paragraph 3.

Article 59 (Authority to represent the Federation in its international relations) (1) The Federal President represents the Federation in its international relations. He concludes treaties with foreign states on behalf of the Federation. He accredits and receives envoys. (2) Treaties which regulate the political relations of the Federation or relate to matters of Federal legislation require the consent or participation, in he form of a Federal law, of the bodies competent in any specific case for such Federal legislation. For administrative agreements the provisions concerning the Federal administration apply mutatis mutandis.

Article 59a (Repealed)

Article 60 (Appointment and dismissal of federal judges, federal civil servants and soldiers; right of pardon; amended March 19 1956) (1) The Federal President appoints and dismisses the Federal judges the Federal civil servants, the officers and non-commissioned officers, unless otherwise provided for by law. (2) He exercises the power of pardon on behalf of the Federation in individual cases. (3) He may delegate these powers to other authorities. (4) Paragraphs 2 to 4 of Article 46 apply mutatis mutandis to the Federal President.

Article 61 (Impeachment before the Federal Constitutional Court) (1) The Bundestag or the Bundesrat may impeach the Federal President before the Federal Constitutional Court for willful violation of the Basic Law or any other Federal law. The motion for impeachment must be brought forward by at least one-fourth of the members of the Bundestag or one-fourth of the votes of the Bundesrat. The decision to impeach requires a majority of two-thirds of the members of the Bundestag or of two-thirds of the votes of the Bundesrat. The prosecution is conducted by a person commission by the impeaching body. (2) If the Federal Constitutional Court finds the Federal President guilty of a willful violation of the Basic Law or of another Federal law it may declare him to have forfeited his office. After impeachment, it may issue an interim order preventing the Federal President from exercising the powers of his office.

VI. THE FEDERAL GOVERNMENT

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

Article 63 (Election and appointment of the Federal Chancellor) (1) The Federal Chancellor is elected, without debate, by the Bundestag on the proposal of the Federal President. (2) The person obtaining the votes of the majority of the members of the Bundestag is elected. The persons elected must be appointed by the Federal President. (3) If the person proposed is not elected, the Bundestag may elect within fourteen days of the ballot a Federal Chancellor by more than one-half of its members. (4) If there is no election within this period, a new ballot shall take place without delay in which the person obtaining the largest number of votes is elected. If the person elected obtained the votes of the majority of the members of the Bundestag the Federal President must appoint him within Seven days of the election. If the person elected did not receive this majority, the Federal President must within even days either appoint him or dissolve the Bundestag

Article 64 (Appointment of Federal Ministers) (1) The Federal Ministers are appointed and dismissed by the Federal President upon the proposal of the Federal Chancellor. (2) The Federal Chancellor and the Federal Ministers, on assuming office, take before the Bundestag the oath provided in Article 56.

Article 65 (Powers exercised in the Federal Government) The Federal Chancellor determines and is responsible for general policy. Within the limits of this general policy, each Federal Minister conducts the business of his department autonomously and on his own responsibility. The Federal Government decides on differences of opinion between the Federal Ministers. The Federal Chancellor conducts the business of the Federal Government in accordance with rules of procedure adopted by it and approved by the Federal President.

Article 65a (Power of command over the Armed Forces; amended 24 June 1968)Power of command in respect of the Armed Forces shall be vested In the Federal Minister of Defense.

Article 66 (Incompatibilities) The Federal Chancellor and the Federal Ministers may not hold any other salaried office, nor engage in a trade, nor practice a profession, nor belong to the management or, without the consent of the Bundestag, to the board of directors of an enterprise carried on for profit.

Article 67 (Constructive vote of no confidence) (1) The Bundestag can express its lack of confidence in the Federal Chancellor only by electing a successor by the majority of its members and by requesting the Federal President to dismiss the Federal Chancellor. The Federal President must comply with the request and appoint the person elected. (2) Forty-eight hours must elapse between the motion and the election.

Article 68 (Vote of confidence, dissolution of the Bundestag) (1) If a motion of the Federal Chancellor for a vote of no confidence is not assented to by the majority of the members of the Bundestag, the Federal President may, upon the proposal of the Federal Chancellor, dissolve the Bundestag within twenty-one days. The right to dissolve lapses as soon as the Bundestag by the majority of its members elects another Federal Chancellor. (2) Forty-eight hours must elapse between the motion and the vote thereon.

Article 69 (Deputy Federal Chancellor,tenure of office of members of the Federal Government) (1) The Federal Chancellor appoints a Federal Minister as his deputy. (2) The tenure of office of the Federal Chancellor or a Federal Minister

VII. LEGISLATIVE POWERS OF THE FEDERATION

Article 70 (Legislation of the Federation and the Länder) (1) The Länder have the power to legislate insofar as this Basic Law does not confer legislative powers on the Federation. (2) The division of competence between the Federation and the Länder is determined by the provisions of this Basic Law concerning exclusive and concurrent legislative powers.

Article 71 (Exclusive legislative power of the Federation, concept)On matters within the exclusive legislative powers of the Federation the Länder have authority to legislate only if, and to the extent that, a Federal law explicitly so authorizes them .

Article 72 (Concurrent legislative power of the Federation, concept) (1) On matters within the concurrent legislative powers the Länder have authority to legislate as long as, and to the extent that the Federation does not use its legislative power. (2) The Federation has the right to legislate on these matters to the extent that a need for a Federal rule exists because 1. a matter cannot be effectively dealt with by the legislation of individual Länder, or 2. dealing with a matter by Land law might prejudice the interests of other Länder or of the entire community, or 3. the maintenance of legal or economic unity, especially the maintenance of uniformity of living conditions beyond the territory of a Land necessitates it.

Article 73 (Exclusive legislative power, catalogue; amended 24 June 1968. The Federation has the exclusive power to legislate on: 1. foreign affairs and defense, including the protection of the civilian population; 2. citizenship in the Federation; 3. freedom of movement, passports, immigration and emigration, and extradition;4. currency, money and coinage, weights and measures, as well as computation of time; 5. the unity of the customs and commercial territory, commercial and navigation agreements, the freedom of movement of goods, and the exchange of goods and payment with foreign countries, including customs and frontier protection; 6. Federal railroads and air traffic; 7. postal and telecommunication services; 8. the legal status of persons employed by the Federation and by Federal bodies-corporate under public law; 9. industrial property rights, copyrights and publication rights; 10. cooperation of the Federation and the Länder in matters of (a) criminal police, (b) protection of the free democratic basic order, of the existence and the security of the Federation or a Land (protection of the constitution) and (c)protection against activities in the federal territory which, through the use of force or actions in preparation for the use of force, endanger the foreign interests of the Federal Republic of Germany, as well as the establishment of a Federal Criminal Police Office and the international control of crime; 11. statistics for Federal purposes.

Article 74 (Concurrent legislation, catalogue) Concurrent legislative powers extend to the following matters: 1. civil law, criminal law and execution of sentences, the system of judicature, the procedure of the courts, the legal profession, notaries and legal advice; 2. registration of births, deaths, and marriages; 3. the law of association and assembly; 4. the law relating to residence and establishment of aliens; 4a. the law relating to weapons and explosives; (inserted 28 July 1972 and amended 23 August 1972). 5. the protection of German cultural treasures against removal abroad; 6. the affairs of refugees and expellees; 7. public welfare; 8. citizenship in the Länder; 9. war damage and reparations; 10. benefits to war-disabled persons and to dependents of those killed in the war, assistance to former prisoners of war, and care of war graves; 10a. war graves of soldiers, graves of other victims of war and of the victims of despotism; (inserted 16 June 1965)11. the law relating to economic matters (mining, industry, supply of power. crafts. trades, commerce, banking and stock exchanges, private insurance); 11a. the production and utilization of nuclear energy for peaceful purposes, the construction and operation of installations serving these purposes, protection against dangers arising from the release of nuclear energy or from ionizing rays, and removal of radioactive material; 12. Labor law, including the legal organization of enterprises; protection of workers, employment exchanges and agencies, as well as social insurance, including unemployment insurance; 13. the regulation of educational and training grants and the promotion of scientific research; (as amended 12 May 1969) 14. the law regarding expropriation, to the extent that matters enumerated in Articles 73 and 74 are concerned; 15. transfer of land, natural resources and means of production into public ownership or other forms of publicly controlled economy; 16. prevention of the abuse of economic power; 17 promotion of agricultural and forest production, safeguarding of the supply of food, the import and export of agricultural and forest products, deep sea and coastal fishing, and preservation of the coasts; 18. dealings in real estate, land law and matters concerning agricultural leases, housing, settlements and homesteads; 19. measures against epidemic and infectious diseases of humans and animals, admission to medical and other professions and practices in the field of healing, traffic in drugs, medicines, narcotics, and poisons; 19a. the economic viability of hospitals and the regulation of hospitalization fees; (inserted 12 May 1969) 20. protection with regard to traffic in food and stimulants as well as in necessities of life, in fodder, in agricultural and forest seeds and seedlings, and protection of trees and plants against diseases and pests; 21. ocean and coastal shipping as well as aids to navigation, inland shipping, meteorological services, sea waterways and inland waterways used for general traffic; 22. road traffic, motor transport, construction and maintenance of long distance highways, as well as the collection of charges for the use of public highways by vehicles and the allocation of revenue therefrom; (amended 12 May 1969) 23. railroads other than Federal railroads, except mountain railroads. 24. waste disposal, air pollution control and noise abatement. (amended 12 May 1969)

Article 74a (Concurrent legislative power of the Federation, remuneration and pensions of members of the public service) (1) Concurrent legislative power shall further extend to the remuneration and pensions of members of the public service whose service and loyalty are governed by public law, insofar as the Federation does not have exclusive power to legislate pursuant to item 8 of Article 73. (2) Federal statutes enacted pursuant to paragraph (1) of this Article shall require the consent of the Bundesrat.(3) Federal statutes enacted pursuant to item 8 of Article 73 shall likewise require the consent of the Bundesrat, insofar as for the structure and assessment of remuneration and pensions, including the rating of posts, provision is made for criteria or minimum or maximum rates other than those provided for in federal statutes enacted pursuant to paragraph (I) of this Article.(4) Paragraphs (1) and (2) of this Article shall apply mutatis mutandis to the remuneration and pensions of judges in the Länder. Paragraph (3) of this Article shall apply mutatis mutandis to statutes enacted pursuant to paragraph (1) of Article 98.

Article 75 (Power of the Federation to pass framework legislation catalogue) ; amended 18 March 1969 Subject to the conditions of Article 72 the Federation has the right to enact general rules concerning: 1. the legal status of persons in the public service of the Länder, communities other corporate bodies of public law, insofar as Article 74a does not provide otherwise; 1a. the general principles governing higher education. (inserted 12 May 1969) 2. the general rules of law concerning the status of the press and motion pictures; 3. hunting, protection of nature and care of the countryside; 4. land distribution, regional planning and water conservation; 5. matters relating to registration and identity cards.

Article 76 (Bills; amended 15 November 1968 and 12 May 1969) (1) Bills are introduced in the Bundestag by the Federal Government, by members of the Bundestag or by the Bundesrat. (2) Bills of the Federal Government shall be submitted first to the Bundesrat. The Bundesrat is entitled to state its position on these bills within six weeks. (3) Bills of the Bundesrat shall be submitted to the Bundestag by the Federal Government within 3 months. In doing so the Federal Government shall state its own views.

Article 77 (Legislative procedure; amended 15 Nov 1968) (1) Federal laws are adopted by the Bundestag. Upon their adoption, they shall, without delay, be transmitted to the Bundesrat by the President of the Bundestag. (2) The Bundesrat may, within three weeks of the receipt of the adopted bill, demand that a committee for joint consideration of bills, composed of members of the Bundestag and the Bundesrat, be convened. The composition and the procedure of this committee are regulated by rules of procedure adopted by the Bundestag and requiring the consent of the Bundesrat. The members of the Bundesrat on this committee are not bound by instructions. Where the consent of the Bundesrat is required for a law, the demand for convening this committee may also be made by the Bundestag or the Federal Government. Should the committee propose any amendment to the adopted bill, the Bundestag must again vote on the bill. (3) Insofar as the consent of the Bundesrat is not required for a law, the Bundesrat may, if the proceedings under paragraph 2 are completed, enter a protest within two weeks against a law adopted by the Bundestag. This period begins, in the case of paragraph 2, last sentence, on the receipt of the bill as re-adopted by the Bundestag, in all other cases on the receipt of a communication from the chairman of the committee provided for in paragraph (2) of this Article to the effect that the committee's proceedings have been concluded. (4) If the protest is adopted by a majority of the votes of the Bundesrat, it can be rejected by a decision of the majority of the members of the Bundestag. If the Bundesrat adopted the protest by a majority of at least two-thirds of its votes, the rejection by the Bundestag requires a majority of two-thirds, including at least the majority of the members of the Bundestag.

Article 78 (Passage of federal statutes) A bill adopted by the Bundestag is deemed to have been passed if the Bundesrat consents to it, does not make a demand pursuant to Article 77, paragraph 2, does not enter a protest within the time limited by Article 77 paragraph 3, or withdraws such protest, or if the protest is overridden by the Bundestag.

Article 79 (Amendment of the Basic Law; amended March 27, 1954). (1) The Basic law can be amended only by a law which expressly amends or supplements the text thereof. With respect to international treaties the subject of which is a peace settlement, the preparation of a peace settlement or the abolition of an occupation regime, or which are designed to serve the defense of the Federal Republic, it shall be sufficient, for the purpose of a clarifying interpretation to the effect that the provisions of the Basic Law are not contrary to the conclusion and entry into force of such treaties, to effect a supplementation of the Basic Law confined to this clarifying interpretation. (2) Such a law requires the affirmative vote of two thirds of the members of the Bundestag and two-thirds of the votes of the Bundesrat. (3) An amendment of this Basic Law affecting the division of the Federation into Länder, the participation in principle of the Länder in legislation, or the basic principles laid down in Articles 1 and 20, is inadmissible.

Article 80 (Issue of ordinances) (1) The Federal Government, a Federal Minister or the Land Governments may be authorized by a law to issue ordinances having the force of law. The content, purpose and scope of the powers conferred must be set forth in the law. The legal basis must be stated in the ordinance. If a law provides that a power may be further delegated, an ordinance having the force of law is necessary in order to delegate the power. (2) The consent of the Bundesrat is required unless otherwise provided by Federal legislation, for ordinances having the force of law issued by the Federal Government or a Federal Minister concerning basic rules for the use of facilities of the Federal railroads and of postal and telecommunication Services, or charges therefore, or concerning the construction and operation of railroads, as well as for ordinances having the force of law issued on the basis of Federal laws that require the consent of the Bundesrat Following provided courtesy of General Electric's Germany & Europ or as masters of their own concern.

Article 80a (Application of legal provisions in a state of tension; inserted by federal statute of 24 June 1968) (1) Where this Basic Law or a federal statute on Defense, including the protection of the civilian population, stipulates that legal provisions may only be applied in accordance with this Article, their application shall, except in a state of Defense, be admissible only after the Bundestag has determined that a state of tension (Spannungsfall) exists or where it has specifically approved such application. In respect of the cases mentioned in the first sentence of paragraph (5) and the second sentence of paragraph (6) of Article 12a, such determination of a state of tension and such specific approval shall require a two-thirds majority of the votes cast. (2) Any measures taken by virtue of legal provisions enacted under paragraph (1) of this Article shall be revoked whenever the Bundestag so demands. (3) In derogation of paragraph (1) of this Article, the application of such legal provisions shall also be admissible by virtue of and in accordance with a decision taken with the consent of the Federal Government by an international body within the framework of a treaty of alliance. Any measures taken pursuant to this paragraph shall be revoked whenever the Bundestag so demands with the majority of its members.

Article 81 (State of legislative emergency) (1) Should in the circumstances of Article 68 the Bundestag not be dissolved, the Federal President may, at the request of the Federal Government and with the consent of the Bundesrat, declare a state of legislative emergency with respect to a bill, if the Bundestag rejects the bill although the Federal Government has declared it to be urgent. The same applies if a bill has been rejected although the Federal Chancellor had combined with it the motion under Article 68. (2) If, after a state of legislative emergency has been declared, the Bundestag again rejects the bill or adopts it in a version declared to be unacceptable to the Federal Government the bill is deemed to have been passed insofar as the Bundesrat consents to it. The same applies if the bill is not adopted by the Bundestag within four weeks of its reintroduction. (3) During the term of office of a Federal Chancellor, any other bill rejected by the Bundestag may be passed in accordance with paragraphs 1 and 2 within a period of six months after the first declaration of a state of legislative emergency. After expiration of this period, a further declaration of a state of legislative emergency is inadmissible during the term of office of the same Federal Chancellor. (4) The Basic Law may not be amended nor be repealed nor suspended in whole or in part by a law Passed pursuant to paragraph 2.

Article 82 (Promulgation and effective date of legal provisions) (1) Laws passed in accordance with the provisions of this Basic Law will, after countersignature, be signed by the Federal President and promulgated in the Federal Gazette. Ordinances having the force of law will be signed by the agency which issues them, and unless otherwise provided by law, will be promulgated in the Federal Gazette. (2) Every law and every ordinance having the force of law should specify its effective date. In the absence of such a provision, it becomes effective on the fourteenth day after the end of the day on which the Federal Gazette was published.

VIII. THE EXECUTION OF FEDERAL LAWS AND THE FEDERAL ADMINISTRATION

Article 83 (Distribution of competence between the Federation the Länder) The Länder execute Federal laws as matters of their own concern insofar as this Basic Law does not otherwise provide or permit.

Article 84 (Land execution and Federal Government supervision) (1) If the Länder execute Federal laws as matters of their own concern, they provide for the establishment of authorities and the regulation of administrative procedures insofar as Federal laws consented to by the Bundesrat do not otherwise provide. (2) The Federal Government may, with the consent of the Bundesrat, issue general administrative rules. (3) The Federal Government exercises supervision to ensure that the Länder execute Federal laws in accordance with applicable law. For this purpose the Federal Government may send commissioners to the highest Land authorities and, with their consent or, if this consent is refused, with the consent of the Bundesrat, also to subordinate authorities. (4) Should any shortcomings which the Federal Government has found to exist in the execution of Federal laws in the Länder not be corrected, the Bundesrat decides, on the application of the Federal Government or the Land whether the Land has acted unlawfully. The decision of the Bundesrat may be challenged in the Federal Constitutional Court. (5) For the execution of Federal laws, the Federal Government may, by Federal law requiring the consent of the Bundesrat, be authorized to issue individual instructions for particular cases. They must be addressed to the highest Land authorities unless the Federal Government considers the matter urgent.

Article 85 (Execution by the Länder as agents of the Federation) (1) Where the Länder execute Federal laws as agents of the Federation, the establishment of the authorities remains the concern of the Länder insofar as Federal laws consented to by the Bundesrat do not otherwise provide. (2) The Federal Government may with the consent of the Bundesrat, issue general administrative rules. It may regulate the uniform training of civil servants and salaried government employees The heads of authorities at Intermediate level shall be appointed with its agreement. (3) The Land authorities are subject to the instructions of the appropriate highest Federal authorities. The instructions shall be addressed to the highest Land authorities unless the Federal Government considers the matter urgent. Execution of the instructions shall be ensured by the highest Land authorities. (4) Federal supervision extends to the conformity with law and appropriateness of the execution. The Federal Government may, for this purpose, require the submission of reports and documents and send commissioners to all authorities.

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