Part One

Article 86 (Direct federal administration) Where the Federation executes laws by Federal administrative agencies or by Federal bodies-corporate or institutions under public law, the Federal Government issues, insofar as the law contains no special provision, the general administrative rules. It provides for the establishment of authorities insofar as the law does not otherwise provide.

Article 87 (Matters for direct federal administration) (1) The foreign service the Federal finance administration, the Federal railroads, the Federal postal service and, in accordance with the provisions of Article 89, the administration of the Federal waterways and of shipping are conducted as matters of Federal administration with their own subordinate administrative structure, Federal frontier protection authorities and central offices for police information and communications, for the compilation of data for the purpose of protecting the Constitution and for the criminal police may be established by Federal legislation. (2) Social insurance institutions whose sphere of competence extends beyond the territory of one Land are conducted as Federal bodies-corporate under public law. (3) In addition, independent Federal higher authorities and Federal bodies- corporate and institutions under public law may be established by Federal law for matters on which the Federation has the power to legislate. If new functions arise for the Federation in matters on which it has the power to legislate, Federal authorities at intermediate and lower level may be established in case of urgent need, with the consent of the Bundesrat and of the majority of the members of the Bundestag.

Article 87a (Establishment and powers of the Armed Forces; added March 19, 1956.) (1) The Federation shall establish Armed Forces for Defense purposes. Their numerical strength and general organizational structure shall be shown in the budget. (2) Apart from Defense, the Armed Forces may only be used insofar as explicitly permitted by this Basic Law. (3) While a state of Defense or a state of tension exists, the Armed Forces shall have the power to protect civilian property and discharge functions of traffic control insofar as this is necessary for the performance of their Defense mission. Moreover, the Armed Forces may, when a state of Defense or a state of tension exists, be entrusted with the protection of civilian property also in support of police measures; in this event the Armed Forces shall cooperate with the competent authorities. (4) In order to avert any imminent danger to the existence or to the free democratic basic order of the Federation or a Land, the Federal Government may, should conditions as envisaged in paragraph (2) of Article 91 obtain and the police forces and the Federal Border Guard be inadequate, use the Armed Forces to support the police and the Federal Border Guard in the protection of civilian property and in combating organized and militantly armed insurgents. Any such use of the Armed Forces shall be discontinued whenever the Bundestag or the Bundesrat so demands.

Article 87b (Administration of the Federal Armed Forces; added March 19, 1956). (1) The administration of the Federal defense Forces shall be conducted as a Federal administration with its own administrative substructure. Its function shall be to administer matters pertaining to personnel and to the immediate supply of the material requirements of the Armed Forces. Tasks connected with benefits to invalids or construction work shall not be assigned to the administration of the Federal Defense Forces except by Federal legislation which shall require the consent of the Bundesrat. Such consent shall also be required for any legislative provisions empowering the administration of the Federal Defense Forces to interfere with rights of third parties: this shall, however, not apply in the case of laws concerning personnel. (2) Moreover, Federal laws concerning defense including recruitment for military service and protection of the civilian population may, with the consent of the Bundesrat, stipulate that they shall be carried out, wholly or in part, either under Federal administration with its own administrative substructure or by the Länder acting as agents of the Federation. If such laws are executed by the Länder acting as agents of the Federation, they may, with the consent of the Bundesrat, stipulate that the powers vested by virtue of Article 85 in the Federal Government and appropriate highest Federal authorities shall be transferred wholly or partly to higher Federal authorities in such an event it may be enacted that these authorities shall not require the consent of the Bundesrat in issuing general administrative rules as referred to in Article 85 paragraph (2) first sentence.

Article 87c (inserted 23 December 1959) Laws enacted under item 11a of Article 74 may, with the consent of the Bundesrat stipulate that they shall be executed by the Länder acting as agents of the Federation.

Article 87d (added 6 Feb 1961) (1) The Aviation Administration shall be administered by the Federation. (2) By Federal law requiring the consent of the Bundesrat, the functions of the Aviation Administration may be assigned to the Länder as agents of the Federation.

Article 88. The Federation establishes a note-issuing and currency bank as the Federal bank.

Article 89 (Federal waterways) (1) The Federation is the owner of the former Reich waterways. (2) The Federation administers the Federal waterways through its own authorities. It exercises the public functions relating to inland shipping which extend beyond the territory of one Land and those relating to maritime shipping which are conferred on it by law. Upon request, the Federation may transfer the administration of Federal waterways insofar as they lie within the territory of one Land, to this Land as an agent. If a waterway touches the territories of several Länder the Federation may designate as its agent one Land if so requested by the Länder concerned. (3) In the administration, development and new construction of waterways the needs of soil cultivation and of regulating water supply shall be safeguarded in agreement with the Länder .

Article 90 (Federal highways) (1) The Federation is the owner of the former Reich motor roads and Reich highways. (2) The Länder, or such self-governing bodies-corporate as are competent under Land law, administer as agents of the Federation the Federal motor roads and other Federal highways used for long-distance traffic. (3) At the request of a Land, the Federation may take under direct Federal administration Federal motor roads and other Federal highways used for long-distance traffic, insofar as they lie within the territory of the Land.

Article 91 (Internal emergency ; amended 24 June 1968) (1) In order to avert any imminent danger to the existence or to the free democratic basic order of the Federation or of a Land, a Land may request the services of the police forces of other Länder or of the forces and facilities of other administrative authorities and the Federal Border Guard. (2) If the Land in which the danger is imminent is not itself willing or able to fight the danger, the Federal Government may place the police in that Land and the police forces of other Länder under its own instructions and use units of the Federal Border Guard. The order for this shall be rescinded after the danger is past, or else at any time on the demand of the Bundesrat. Where the danger extends to a region larger than a Land, the Federal Government may, insofar as is necessary for effectively combating such danger, issue instructions to the Land governments; the first and second sentences of this paragraph shall not be affected by this provision.

VIIIa. JOINT TASKS

Article 91a (Participation of the Federation by virtue of federal legislation) (1) The Federation shall participate. in the following sectors, in the discharge of responsibilities of the 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. extension and construction of institutions of higher education, including university clinics; 2. improvement of regional economic structures; 3. improvement of the agrarian structure and of coast preservation. (2) Joint tasks shall be defined in detail by a federal statute requiring the consent of the Bundesrat. Such legislation should include general principles governing the discharge of joint tasks. (3) Such legislation shall provide for the procedure and the institutions required for joint overall planning. The inclusion of a project in the overall planning shall require the consent of the Land in which it is to be carried out. (4) In cases to which items I and 2 of paragraph (1) of this Article apply, the Federation shall meet one half of the expenditure in each Land. In cases to which item 3 of paragraph (1) of this Article applies, the Federation shall meet at least one half of the expenditure, and such proportion shall be the same for all the Länder. Details shall be regulated by statute. Provision of funds shall be subject to appropriation in the budgets of the Federation and the Länder. (5) The Federal Government and the Bundesrat shall be informed about the execution of joint tasks, should they so demand.

IX. THE ADMINISTRATION OF JUSTICE

Article 92 (Court Organization) The judicial authority is vested in the judges; it is exercised by the Federal Constitutional Court, by the Supreme Federal Court, by the Federal courts provided for in this Basic Law and by the courts of the Länder.

Article 93 (Federal Constitutional Court, jurisdiction) (1) The Federal Constitutional Court decides: 1. on the interpretation of this Basic Law in the event of disputes concerning the extent of the rights and duties of a supreme Federal organ or of other parties concerned who have been endowed with independent rights by this Basic Law or by rules of procedure of a supreme Federal organ; 2. in case of differences of opinion or doubts on the formal and material compatibility of Federal law or Land law with this Basic law, or on the compatibility of Land law with other Federal law, at the request of the Federal Government, of a Land government or of one-third of the Bundestag members; 3. in case of differences of opinion on the rights and duties of the Federation and the Länder, particularly in the execution of Federal law by the Länder and in the exercise of Federal supervision; 4. on other disputes of public law between the Federation and the Länder between different Länder or within a Land, unless recourse to another court exists; 4a. on complaints of unconstitutionality, which may be entered by any person who claims that one of his basic rights or one of his rights under paragraph (4) of Article 20 or under Article 33, 38, 101, 103, or 104 has been violated by public authority; 4b. on complaints of unconstitutionality entered by communes or associations of communes on the ground that their right to self-government under Article 28 has been violated by a statute other than a Land statute open to complaint to the respective Land constitutional court; 5. in the other cases provided for in this Basic Law. (2) The Federal Constitutional Court shall also act in such cases as are otherwise assigned to it by Federal law.

Article 94 (Federal Constitutional Court, composition) (1) The Federal Constitutional Court consists of Federal judges and other members. Half of the members of the Federal Constitutional Court are elected by the Bundestag and half by the Bundesrat. They may not belong to the Bundestag, the Bundesrat, the Federal Government or the corresponding organs of a Land. (2) Its constitution and procedures will be regulated by a Federal law, which will specify in what cases its decisions shall have the force of law.

Article 95 (Highest courts of justice of the Federation, Joint Panel; amended 18 June 1968) (1) To preserve the uniformity of application of Federal law, a a Supreme Federal Court will established. (2) The Supreme Federal Court decides cases in which the decision is fundamental importance for the uniformity of the administration of justice by the higher Federal courts. (3) The judges of the Supreme Federal Court are selected jointly by the Federal Minister of justice and a committee for the selection of judges consisting of the Land Ministers of justice and an equal number of members elected by the Bundestag. (4) In other respects the constitution of the Supreme Federal Court and is procedure will be regulated by Federal legislation.

Article 96 (Other federal courts, exercise of federal jurisdiction by courts of the Länder; amended 26 August 1969) (1) The Federation may establish a federal court for matters concerning industrial property rights. (2) The Federation may establish military criminal courts for the Armed Forces as federal courts. They may only exercise criminal jurisdiction while a state of defence exists, and otherwise only over members of the Armed Forces serving abroad or on board warships. Details shall be regulated by federal statute. These courts shall be within the competence of the Federal Minister of Justice. Their full-time judges shall be persons qualified to hold judicial office. (3) The highest court of justice for appeals from the courts mentioned in paragraphs (I) and (2) of this Article shall be the Federal Court of Justice . (4) The Federation may establish federal courts for disciplinary proceedings against, and for proceedings in pursuance of complaints by, persons in the federal public service. (5) In respect of criminal proceedings under paragraph ( I ) of Article 26 or involving the protection of the State, a federal statute requiring the consent of the Bundesrat may provide that Land courts shall exercise federal jurisdiction.

Article 97 (Independence of the judges) (1) The judges are independent and subject only to the law. (2) Judges appointed permanently on a full time basis to an established post can, against their will, be dismissed, or permanently or temporarily suspended from office or transferred to another post or retired before expiration of their term of office only under authority of a judicial decision and only on grounds and in the form provided by law. Legislation may set age limits for the retirement of judges appointed for life. In the event of changes in the structure of the courts or their areas of jurisdiction, judges may be transferred to another court or removed from their office, provided they retain their full salary.

Article 98. (amended 18 March 1971) (1) The legal status of the Federal judges shall be regulated by a Special Federal law. (2) If a Federal judge, in his official capacity or unofficially, infringes upon the principle of the Basic Law or the constitutional order of a Land, the Federal Constitutional Court may decide by a two-thirds majority, upon the request of the Bundestag, that the judge be transferred to another office or placed on the retired list. In a case of an intentional infringement. his dismissal may be ordered. 3) The legal status of the judges in the Länder shall be regulated by special Land laws. The Federation may enact outline provisions, insofar as paragraph (4) of Article 74a does not provide otherwise. (4) The Länder may provide that the Land Minister of Justice together with a committee for the selection of judges shall decide on the appointment of judges in the Länder. (5) The Länder may, with respect to Land judges, enact provisions corresponding with paragraph 2. Existing Land constitutional law remains unaffected. The decision in a case of impeachment of a judge rests with the Federal Constitutional Court.

Article 99. ( amended 18 June 1968) The decision on constitutional disputes within a Land may be assigned by a Land law to the Federal Constitutional Court, and the decision of last instance in matters involving the application of Land law, to the higher Federal courts of justice referred to in paragraph (1) of Article 95.

Article 100 (amended 18 June 1968) (1) Where a court considers a law unconstitutional, the validity of which is relevant to its decision, the proceedings shall be stayed, and a decision shall be obtained from the Land court competent for constitutional disputes if the matter concerns the violation of the constitution of a Land, or from the Federal Constitutional Court if the matter concerns the violation of the Basic Law. This also applies if the matter concerns the violation of this Basic Law by Land law or the incompatibility of a Land law with a Federal law. (2) If, in the course of litigation doubt exists whether a rule of public international law forms part of the Federal law and whether such rule directly creates rights and duties for the individual (Article 25), the court shall obtain the decision of the Federal Constitutional Court. (3) Where the constitutional court of a Land, in interpreting the Basic Law, intends to deviate from a decision of the Federal Constitutional Court or of the constitutional court of another Land, it must obtain the decision of the Federal Constitutional Court.

Article 101. (1) Extraordinary courts are inadmissible. No one may be removed from the jurisdiction of his lawful judge. (2) Courts for special fields may be established only by law.

Article 102. Capital punishment is abolished.

Article 103. (1) In the courts everyone is entitled to a hearing in accordance with the law. (2) An act can be punished only if it was a punishable offense by law before the act was committed. (3) No one may be punished for the same act more than once in pursuance of general penal legislation.

Article 104. (1) The freedom of the individual may be restricted only on the basis of a formal law and only with due regard to the forms prescribed therein. Detained persons may be subjected neither to mental nor to physical ill-treatment. (2) Only judges may decide on admissibility or extension of a deprivation of liberty. Where such deprivation is not based on the order of a judge, a judicial decision must be obtained without delay. The police my hold no one on their own authority in their own custody longer than the end of the day after the arrest. Details shall be regulated by legislation. (3) Any person provisionally detained on-suspicion of having committed a punishable offense must be brought before a judge at the latest on the day following the arrest; the judge shall inform him of the reasons for detention, examine him and give him an opportunity to raise objections. The judge must, without delay, either issue a warrant of arrest setting forth the reasons therefore or order the release from detention. (4) A relative of the person detained or a person enjoying his confidence must be notified without delay of any judicial decision ordering or extending a deprivation of liberty.

X. FINANCE

Article 104a (Apportionment of expenditure between the Federation and the Länder) (1) The Federation and the Länder shall separately meet the expenditure resulting from the discharge of their respective tasks insofar as this Basic Law does not provide otherwise. (2) Where the Länder act as agents of the Federation, the Federation shall meet the resulting expenditure. (3) Federal statutes to be executed by the Länder and granting money payments may make provision for such payments to be met wholly or in part by the Federation. Where any such statute provides that the Federation shall meet one half of the expenditure or more, it shall be implemented by the Länder as agents of the Federation. Where any such statute provides that the Länder shall meet one quarter of the expenditure or more, it shall require the consent of the Bundesrat. (4) The Federation may grant the Länder financial assistance for particularly important investments by the Länder or communes or associations of communes, provided that such investments are necessary to avert a disturbance of the overall economic equilibrium or to equalize differences of economic capacities within the federal territory or to promote economic growth. Details, especially concerning the kinds of investments to be promoted, shall be regulated by a federal statute requiring the consent of the Bundesrat or by administrative arrangements under the federal budget law. (5) The Federation and the Länder shall meet the administrative expenditure incurred by their respective authorities and shall be responsible to each other for ensuring proper administration. Details shall be regulated by a federal statute requiring the consent of the Bundesrat.

Article 105 (Legislative powers; amended 12 May 1969) (1) The Federation has the exclusive power to legislate on customs and fiscal monopolies (2) The Federation shall have concurrent power to legislate on all other taxes the revenue from which accrues to it wholly or in part or where the conditions provided for in paragraph (2) of Article 72 apply. (2a) The Länder shall have power to legislate on local excise taxes as long and insofar as they are not identical with taxes imposed by federal legislation. (3) Federal laws relating to taxes the yield of which accrues in whole or in pan to the Länder or the communities (community associations) requite the consent of the Bundesrat.

Article 106 (Apportionment of tax revenue; amended December 23, 1955 and December 24 1956)(1) The yield of fiscal monopolies and receipts from the following tares shall accrue to the Federation: 1. customs duties 2. such excise taxes as do not accrue to the Länder in accordance with paragraph (2), 3. turnover tax 4. transportation tax, 5. non-recurrent capital levies, and equalization taxes imposed for the purpose of implementing the equalization of burdens legislation, 6. Berlin emergency aid tax. 7. supplementary levies on income and corporation taxes. (2) Receipts from the following taxes shall accrue to the Länder: 1. Property tax, 2. inheritance tax, 3. motor-vehicle tax, 4. such taxes on transactions that do not accrue to the Federation in accordance with paragraph (1), 5. beer tax 6. levies on gambling establishments, 7. taxes on real estate and business, 8. taxes with localized application. (3) Receipts from income tax and corporation tax shall accrue: until 31 March 1958, to the Federation and the Länder in a ratio of 33 1/3 per cent to 65 per cent, and from 1 April 1958, to the Federation and the Länder in a ratio of 35 per cent to 65 per cent. (4) The ratio of appointment of the income and corporation taxes paragraph (3) should be modified by a Federal law requiring the consent of the Bundesrat whenever the development of the relation of revenues to expenditures in the Federation differs from that in the Länder and whenever the budgetary needs of the Federation or those of the Länder exceed the estimated revenues by a margin substantial enough to call for a corresponding adjustment of the ratio of apportionment in favor of either the Federation or the Länder. Any such adjustment shall be based on the following principles: 1. The Federation and the Länder shall each bear the expenditures resulting from the administration of their respective tasks; Article 120 paragraph (1) shall not be affected; 2. There shall be equality of rank between the claim of the Federation and the claim of the Länder to have their respective necessary expenditures covered from ordinary revenues; 3. The requirements of the Federation and of the Länder in respect of budget coverage shall be coordinated in such a way that a fair equalization is achieved, any overburdening of taxpayers precluded, and uniformity of living standards in the Federal territory ensured. The ratio of apportionment may be modified for the first time with effect from I April 1958 and subsequently at intervals of not less than two years after the entry into force of any law determining such ratio; provided that this stipulation shall not affect any notification of such ratio effected in accordance with paragraph (5). (5) If a Federal law Imposes additional expenditures on, or withdraws revenues from the Länder, the ratio of apportionment of the income and corporation taxes shall be modified m favor of the Länder, provided that conditions as envisaged in paragraph (4) have developed. If the additional burden placed upon the Länder is limited to a period of short duration, such burden may be compensated by grants from the Federation under a Federal law requiring the consent of the Bundesrat and which shall lay down the principles for assessing the amounts of such grants and for distributing the them among the Länder. (6) Receipts from taxes on real estate and businesses shall accrue to the communes. In case there are no communes in a Land the receipts shall accrue to the Land. In accordance with Land legislation, taxes on real estate and businesses may be used to ascertain assessments and surtaxes. The receipts of the Länder from income tax and corporation tax shall accrue to the communes and associations of communes in a percentage to be determined by Land legislation. Furthermore, the Land legislation shall determine whether and how much of the receipts of the Land taxes shall accrue to the communes (associations of communes). (7) If the Federation establishes special institutions in the Länder or communes (association of communes) which cause immediate higher expenditures or lower receipts to those Länder or communes (associations of communes), the Federation shall grant the necessary financial equalization, if and insofar it is anticipated that the Länder or communes (associations of communes) are unable to bear these special burdens. Compensation by a third party and financial advantages which accrue to these Länder or communes (associations of communes as a consequence of these institutions shall be considered in such equalization. (8) For the purposes of the present Article, revenues and expenditures of communes (associations of communes) shall be deemed to be Land revenues and expenditures

Article 107 (Financial equalization; amended 12 May 1969) (1) Revenue from Land taxes and the Land share of revenue from income and corporation taxes shall accrue to the individual Länder to the extent that such taxes are collected by revenue authorities within their respective territories (local revenue). A federal statute requiring the consent of the Bundesrat may provide in detail for the delimitation as well as the manner and scope of allotment of local revenue from corporation and wage taxes. such statute may also provide for the delimitation and allotment of local revenue from other taxes. The Land share of revenue from the turnover tax shall accrue to the individual Länder on a per capita basis; a federal statute requiring the consent of the Bundesrat may provide for supplementary shares not exceeding one quarter of a Land share to be granted to Länder whose per capita revenue from Land taxes and from the income and corporation taxes is below the average of all the Länder combined. (2) Such statute shall ensure a reasonable equalization between financially strong and financially weak Länder, due account being taken of the financial capacity and financial requirements of communes or associations of communes. Such statute shall specify the conditions governing equalization claims of Länder entitled to equalization payments and equalization liabilities of Länder owing equalization payments as well as the criteria for determining the amounts of equalization payments. Such statute may also provide for grants to be made by the Federation from federal funds to financially weak Länder in order to complement the coverage of their general financial requirements (supplementary grants).

Article 108 (Revenue administration; amended 12 May 1969) (1) Customs, fiscal monopolies, the excise taxes subject to federal legislation, including the import turnover tax, and charges imposed within the framework of the European Communities shall be administered by federal revenue authorities. The organization of these authorities shall be regulated by Federal law. The heads of the authorities at intermediate level shall be appointed after consultation of the Land governments. (2) All other taxes shall be administered by Land revenue authorities. The organization of these authorities and the uniform training of their civil servants may be regulated by a federal statute requiring the consent of the Bundesrat. The heads of authorities at the intermediate level shall be appointed in agreement with the Federal Government. (3) To the extent that taxes accruing wholly or in part to the Federation are administered by Land revenue authorities, those authorities shall act as agents of the Federation. Paragraphs (3) and (4) of Article 85 shall apply, the Federal Minister of Finance, however, being substituted for the Federal Government. (4) In respect of the administration of taxes, a federal statute requiring the consent of the Bundesrat may provide for collaboration between federal and Land revenue authorities, or in the case of taxes under paragraph (1) of this Article for their administration by Land revenue authorities, or i the case of other taxes for their administration by federal revenue authorities, where and to the extend that the execution of revenue statutes is substantially improved or facilitated thereby. As regards taxes the revenue from which accrues exclusively to communes or associations of communes, their administration may wholly or in part be transferred by the Länder from the appropriate Land revenue authorities to communes or associations of communes. (5) The procedure to be applied by federal revenue authorities shall be laid down by federal legislation. The procedure to be applied by Land revenue authorities or, as envisaged in the second sentence of paragraph 4 of this Article, by communes or associations of communes may be laid down by federal statute requiring the consent of the Bundesrat. (6) The jurisdiction of revenue courts shall be uniformly regulated by federal legislation. (7) The Federal Government may issue appropriate general administrative rules which, to the extent that administration is entrusted to Land revenue authorities or communes or associations of communes, shall require the consent of the Bundesrat.

Article 109 (Budget management in the Federation and the Länder) (1) The Federation and the Länder shall be autonomous and independent of each other in their budget management. (2) The Federation and the Länder shall have due regard in their budget management to the requirements of overall economic equilibrium. (3) Through federal legislation requiring the consent of the Bundesrat, principles applicable to both the Federation and the Länder may be established governing budgetary law, responsiveness of budget management to economic trends, and financial planning to cover several years ahead. (4) With a view to averting disturbances of the overall economic equilibrium, federal legislation requiring the consent of the Bundesrat may be enacted providing for: 1. maximum amounts, terms and timing of loans to be raised by territorial entities (Gebietskörperschaften) or special purpose associations (Zweckverbände), and 2. an obligation on the part of the Federation and the Länder to maintain interest-free deposits at the Deutsche Bundesbank (reserves for counterbalancing economic trends). Authorizations to issue the relevant ordinances may be conferred on Federal Government only. Such ordinances shall require the consent the Bundesrat. They shall be repealed insofar as the Bundestag may demand; details shall be regulated by federal legislation.

Article 110 (Budget and budget law of the Federation) (1) All revenues and expenditures of the Federation shall be included in the budget; in respect of federal enterprises and special assets, allocations thereto or remittances therefrom need be included. The budget shall be balanced as regards revenue and expenditure. (2) The budget shall be laid down in a statute covering one year or several fiscal years separately before the beginning of the first of those fiscal years. Provision may be made for parts of the budget to apply to periods of different duration, but divided into fiscal years. (3) Bills within the meaning of the first sentence of paragraph (2) of this Article as well as bills to amend the budget statute and the budget be submitted simultaneously to the Bundesrat and to the Bundestag; the Bundesrat shall be entitled to state its position on such bills within weeks or, in the case of amending bills, within three weeks. (4) The budget statute may contain only such provisions as apply to revenues and expenditures of the Federation and to the period for which the budget statute is being enacted. The budget statute may stipulate these provisions shall cease to apply only upon the promulgation of the next budget statute or, in the event of an authorization pursuant to Article 115, at a later date.

Article 111 (Interim budget management) (1) If, by the end of a fiscal year, the budget for the following year has not been established by a law, the Federal Government may, until such law comes into force, make all payments which are necessary: (a) to maintain institutions existing by law and to carry out measures authorized by law; (b) to meet legal obligations of the Federation; (c) to continue building projects, procurements and other services or to continue the grant of subsidies for these purposes, provided amounts have already been authorized in the budget of a previous year. (2) Insofar as revenues provided by special legislation and derived from taxes, levies, or other sources, or the working capital reserves, do not cover the expenditures set forth in paragraph 1, the Federal Government may borrow the funds necessary for the conduct of current operations to a maximum of one quarter of the total amount of the previous budget.
Article 112 (Expenditures in excess of budgetary estimates; amended 12 May 1969) Expenditures in excess of budgetary appropriations and extra budgetary expenditures shall require the consent of the Federal Minister of Finance. Such consent may be given only in the case of an unforeseen and compelling necessity. Details may be regulated by federal legislation.

Article 113 (Consent of the Federal Government to increases in expenditures or decreases in revenue) (1) Statutes increasing the budget expenditures proposed by the Federal Government or involving or likely in future to cause new expenditures shall require the consent of the Federal Government. This shall also apply to statutes involving or likely in future to cause decreases in revenue. The Federal Government may demand that the Bundestag postpone vote on such bills. In this case the Federal Government shall state its position to the Bundestag within six weeks. (2) Within four weeks after the Bundestag has adopted such a bill, Federal Government may demand that it votes on that bill again. (3) Where the bill has become a statute pursuant to Article 78, the Fed, Government may withhold its consent only within six weeks and only after having initiated the procedure provided for in the third and fourth sentences of paragraph (I) or in paragraph (2) of the present Article. Upon the expiry of this period such consent shall be deemed to have been given.

Article 114 (Rendering and auditing of accounts) (1) The Federal Minister of Finance shall, on behalf of the Federal Government, submit annually to the Bundestag and to the Bundesrat their approval an account, covering the preceding fiscal year, of revenues and expenditures as well as of property and debt. (2) The Federal Audit Office, the members of which shall enjoy judicial independence, shall audit the account and examine the management the budget and the conduct of business as to economy and correctness. The Federal Audit Office shall submit an annual report directly to Federal Government as well as to the Bundestag and to the Bundesrat In all other respects the powers of the Federal Audit Office shall regulated by federal legislation.

Article 115 (Procurement of credit) (1) The borrowing of funds and the assumption of pledges, guarantee or other commitments, as a result of which expenditure may be incurred in future fiscal years, shall require federal legislative authorization indicating, or permitting computation of, the maximum amount involved. Revenue obtained by borrowing shall not exceed the total expenditures for investments provided for in the budget; exceptions shall be permissible only to avert a disturbance of the overall economic equilibrium. Details shall be regulated by federal legislation. (2) In respect of special assets of the Federation, exceptions to the provisions of paragraph ( I ) of this Article may be authorized by federal legislation.

X. STATE OF DEFENSE

Article 115a (Concept and determination of a state of Defense) (1) The determination that federal territory is being attacked by armed force or that such an attack is directly imminent (state of Defense) shall be made by the Bundestag with the consent of the Bundesrat. Such determination shall be made at the request of the Federal Government and shall require a two- thirds majority of the votes cast, which shall include at least the majority of the members of the Bundestag. (2) Where the situation imperatively calls for immediate action and where insurmountable obstacles prevent the timely assembly of the Bundestag, or where there is no quorum in the Bundestag, the Joint Committee shall make this determination with a two-thirds majority of the votes cast, which shall include at least the majority of its members. (3) The determination shall be promulgated in the Federal Law Gazette by the Federal President pursuant to Article 82. Where this cannot done in time, the promulgation shall be effected in another manner; it shall subsequently be printed in the Federal Law Gazette as soon as circumstances permit. (4) Where the federal territory is being attacked by armed force and where the competent bodies of the Federation are not in a position at once to make the determination provided for in the first sentence of paragraph ( I ) of this Article, such determination shall be deemed to have been made and promulgated at the time the attack began. The Federal President shall announce such time as soon as circumstances permit. (5) Where the determination of the existence of a state of Defense has been promulgated and where the federal territory is being attacked by armed force, the Federal President may, with the consent of the Bundestag, issue declarations under international law regarding the existence of such state of Defense. Where the conditions mentioned in paragraph (2) of this Article apply, the Joint Committee shall act in substitution for the Bundestag.

Article 115b (Transfer of command to the Federal Chancellor) Upon the promulgation of a state of Defense, the power of command over the Armed Forces shall pass to the Federal Chancellor.

Article 115c (Extension of legislative powers of the Federation) (1) The Federation shall have the right to legislate concurrently in respect of a state of Defense even on matters within the legislative powers of the Länder. Such statutes shall require the consent of the Bundesrat. (2) Federal legislation to be applicable upon the occurrence of a state of Defense to the extent required by conditions obtaining while such state of Defense exists may make: 1. preliminary provision for compensation to be made in the event of property being taken, in derogation of the second sentence of paragraph (3) of Article 14; 2. provision for a time-limit other than that referred to in the third sentence of paragraph (2) and the first sentence of paragraph (3) of Article 104 in respect of deprivations of liberty, but not exceeding four days at the most, in a case where no judge has been able to act within the time- limit applying in normal times. (3) Federal legislation to be applicable upon the occurrence of a state of Defense to the extent required for averting an existing or directly imminent attack may, subject to the consent of the Bundesrat, regulate the administration and the financial system of the Federation and the Länder in derogation of Sections Vlll, VIIIa and X, provided that the viability of the Länder, communes and associations of communes is safeguarded, particularly in financial matters. (4) Federal statutes enacted pursuant to paragraph (1) or subparagraph 1 of paragraph (2) of this Article may, for the purpose of preparing for their enforcement, be applied even prior to the occurrence of a state of Defense.

Article 115d (Legislative process in the case of urgent bills) (1) While a state of Defense exists, the provisions of paragraphs (2) and (3) of this Article shall apply in respect of federal legislation, in derogation of the provisions of paragraph (2) of Article 76, the second sentence of paragraph (1) and paragraph (2) to (4) of Article 77, Article 78, and paragraph (1) of Article 82. (2) Bills submitted as urgent by the Federal Government shall be forwarded to the Bundesrat at the same time as they are submitted to the Bundestag. The Bundestag and the Bundesrat shall debate such bills together without delay. Insofar as the consent of the Bundesrat is necessary, the majority of its votes shall be required for any such bill to become a statute. Details shall be regulated by rules of procedure adopted by the Bundestag and requiring the consent of the Bundesrat. (3) The second sentence of paragraph (3) of Article 115a shall apply mutatis mutandis in respect of the promulgation of such statutes.

Article 115e (Powers of the Joint Committee) (1) Where, in a state of Defense, the Joint Committee determines with a two- thirds majority of the votes cast, which shall include at least the majority of its members, that insurmountable obstacles prevent the timely assembly of the Bundestag or that there is no quorum in the Bundestag, the Joint Committee shall have the status of both the Bundestag and the Bundesrat and shall exercise their rights as one body. (2) The Joint Committee may not enact any statute to amend this Basic Law or to deprive it of effect or application either in whole or in part. The Joint Committee shall not be authorized to enact statutes pursuant to paragraph (1) of Article 24 or to Article 29.

Article 115f (Powers of the Federal Government) (1) In a state of Defense, the Federal Government may, to the extent necessitated by circumstances: 1. use the Federal Border Guard throughout the federal territory; 2. issue instructions not only to federal administrative authorities but also to Land governments and, where it deems the matter urgent, to Land authorities, and may delegate this power to members of Land governments to be designated by it. (2) The Bundestag, the Bundesrat and the Joint Committee shall be informed without delay of the measures taken in accordance with paragraph (1) of this Article.

Article 115g (Status and functions of the Federal Constitutional Court) The constitutional status and the performance of the constitutional functions of the Federal Constitutional Court and its judges shall not be impaired. The Federal Constitutional Court Act may not be amended by a statute enacted by the Joint Committee except insofar as such amendment is required. also in the opinion of the Federal Constitutional Court, to maintain the capability of the Court to function. Pending the enactment of such a statute, the Federal Constitutional Court may take such measures as are necessary to maintain the capability of the Court to carry out its work. Any decisions by the Federal Constitutional Court in pursuance of the second and third sentences of this Article shall require a two-thirds majority of the judges present.

Article 115h (Functioning capability of constitutional organs) (1) Any legislative terms of the Bundestag or of Land parliaments due to expire while a state of Defense exists shall end six months after the termination of such state of Defense. A term of office of the Federal President due to expire while a state of Defense exists, and the exercise of his functions by the President of the Bundesrat in case of the premature vacancy of the Federal President s office. shall end nine months after the termination of such state of Defense. The term of office of a member of the Federal Constitutional Court due to expire while a state of Defense exists shall end six months after the termination of such state of Defense. (2) Should the necessity arise for the Joint Committee to elect a Federal Chancellor, the Committee shall do so with the majority o members; the Federal President shall propose a candidate to the Joint Committee. The Joint Committee can express its lack of confidence the Federal Chancellor only by electing a successor with a two-thirds majority of its members. (3) The Bundestag shall not be dissolved while a state of Defense exists.
Article 115i (Powers of the Land governments) (1) Where the competent federal bodies are incapable of taking measures necessary to avert the danger, and where the situation imperatively calls for immediate independent action in individual pats of the federal territory, the Land governments or the authorities or commissioners designated by them shall be authorized to take, within their respective spheres of competence, the measures provided for in paragraph (l) of Article 115f. (2) Any measures taken in accordance with paragraph (1) of the present Article may be revoked at any time by the Federal Government, or, in relation to Land authorities and subordinate federal authorities, by L minister-presidents.

Article 115k (Duration of validity of extraordinary legal provisions) (1) Statutes enacted in accordance with Articles 115c, 115e and 115g as well as ordinances issued by virtue of such statutes, shall, for the duration of their applicability, suspend law which is inconsistent with such statutes or ordinances. This shall not apply to earlier legislation enacted by virtue of Articles 115c, 115e or 115g. (2) Statutes adopted by the Joint Committee, as well as ordinances is~ by virtue of such statutes, shall cease to have effect not later than months after the termination of a state of Defense. (3) Statutes containing provisions that diverge from Articles 91a, 104a, 106 and 107 shall apply no longer than the end of the second fiscal year following upon the termination of a state of Defense. After such termination they may, with the consent of the Bundesrat, be amended by federal legislation so as to return to the provisions made in Sections VIIIa and X.

Article 115l (Repeal of extraordinary statutes and measures, termination of a state of Defense, conclusion of peace) (1) The Bundestag, with the consent of the Bundesrat, may at any time repeal statutes enacted by the Joint Committee. The Bundesrat may demand that the Bundestag make a decision on such matter. Any measures taken by the Joint Committee or the Federal Government to avert a danger shall be revoked where the Bundestag and the Bundesrat so decide. (2) The Bundestag, with the consent of the Bundesrat, may at any time declare a state of Defense terminated by a decision to be promulgated by the Federal President. The Bundesrat may demand that the Bundestag make a decision on such matter. A state of Defense shall, without delay, be declared terminated where the prerequisites for the determination thereof no longer exist. (3) The conclusion of peace shall be the subject of a federal statute.

XI. TRANSITIONAL AND CONCLUDING PROVISIONS

Article 116. (1) Unless otherwise provided by law, a German within the meaning of this Basic Law is a person who possesses German citizenship who has been admitted to the territory of the German Reich, as it existed on December 31, 1937, as a refugee or expellee of German stock or as the spouse or descendant of such person. (2) Former German citizens who between January 30, 1933 and May 8 1945, were deprived of their citizenship for political, racial or religious reasons, and their descendants, shall be re- granted German citizenship on application. They are considered as not having been deprived of their German citizenship if they have established their domicile in Germany after May 8, 1945 and have not expressed a contrary intention.

Article 117.(1) Law which conflicts with Article 3, paragraph 2, remains in force until adapted to this provision of the Basic Law, but not beyond March 31, 1953. (2) Laws which restrict the right of freedom of movement in view of the present housing shortage remain in force until repealed by Federal legislation.

Article 118. The reorganization of the territory comprising the Länder of Baden, Wuerttemberg-Baden and Wuerttemberg-Hohenzollern may be effected notwithstanding the provisions of Article 29, by agreement between the Länder concerned. If no agreement is reached, the reorganization, will be regulated by a Federal law which must provide for a referendum.

Article 119. In matters relating to refugees and expellees, in particular as regards their distribution among the Länder, the Federal Government with the consent of the Bundesrat issue ordinances having the force of law, pending settlement of the matter by Federal legislation. The Federal Government may in this matter be authorized to issue individual instructions for particular cases. Except where their is danger in delay, the instructions shall be addressed to the highest Land authorities.

Article 120 (Occupation costs and burdens resulting from the war) (1) The Federation shall meet the expenditure for occupation costs and the other internal and external burdens caused by the war, as regulated in detail by federal legislation. To the extent that these costs and other burdens have been regulated by federal legislation on or before I October 1969. the Federation and the Länder shall meet such expenditure between them in accordance with such federal legislation. Insofar as expenditures for such of these costs and burdens as neither have been nor will be regulated by federal legislation have been met on or before I October 1965 by Länder, communes. associations of communes or other entities performing functions of the Länder or the communes, the Federation shall not be obliged to meet expenditure of that nature even where it arises after that date. The Federation shall pay the subsidies towards the burdens of social insurance institutions. including unemployment insurance and public assistance to the unemployed. The distribution between the Federation and the Länder of costs and other burdens caused by the war, as regulated in this paragraph. shall not affect any statutory regulation of claims for indemnification in respect of the consequences of the war. (2) Revenue shall pass to the Federation at the same time as the latter assumes responsibility for the expenditure referred to in this Article.

Article 120a. (Added August 14, 1952.)(1) Laws concerning the implementation of the equalization of burdens may, with the consent of the Bundesrat, stipulate that in the field of equalization benefits, they shall be executed partly by the Federation and partly by the Länder acting as agents of the Federation, and that the relevant powers vested in the Federal Government and the competent highest Federal authorities by virtue of Article 5 shall be wholly or partly delegated to the Federal Equalization Office. In the exercise of these powers the Federal Equalization Office shall not require the consent of the Bundesrat; with the exception of urgent cases, its instructions shall be given to the highest Land authorities (Land Equalization Offices). (2) The provisions of Article 87, paragraph 3, second sentence, shall not be affected hereby.

Article 121. Within the meaning of this Basic Law, a majority of the members of the Bundestag and of the Federal Convention is the majority of the number of their members established by law.

Article 122.(1) From the time of the first meeting of the Bundestag, laws shall be passed exclusively by the legislative organs recognized in this Basic Law . (2) Legislative bodies and bodies participating in legislation in an advisory capacity whose competence ends by virtue of paragraph 1, are dissolved from that date.

Article 123.(1) Law in force before the first meeting of the Bundestag remains in force, insofar as it does not conflict with the Basic Law. (2) Subject to all rights and objections of the interested parties, the State treaties concluded by the German Reich concerning matters for which, under this Basic Law, Land legislation is Competent remain in force, if they are and continue to be valid in accordance with general principles of law, until new State treaties are concluded by the agencies competent under this Basic Law, or until they are in any other way terminated pursuant to their provisions.

Article 124.Law affecting matters within the exclusive power to legislate of the Federation becomes Federal law wherever it is applicable.

Article 125. Law affecting matters within the concurrent power to legislate of the Federation becomes Federal law wherever it is applicable: 1. Insofar as it applies uniformly within one or more zones of occupation; 2. Insofar as it is law by which former Reich law has been amended after May 8, 1945.

Article 126. The Federal Constitutional Court decides disputes regarding the continuance of law as Federal law.

Article 127Within one year of the promulgation of this Basic Law the Federal Government may, with the consent of the governments of the Länder concerned, extend to the Länder of Baden, Greater Berlin, Rhineland- Palatinate and Wuerttemberg-Hohenzollern any legislation of the Bizonal Economic Administration, insofar as it continues to be in force as Federal law under Articles 124 or 125.

Article 128. Insofar as law continuing in force provides for powers to give instructions within the meaning of Article 84, paragraph 5, these powers remain in existence until otherwise provided by law.

Article 129. (1) Insofar as legal provisions which continue in force as Federal law contain an authorization to issue ordinances having the force of law or general administrative rules that are executed by the Länder as authorization passes to the agencies henceforth competent in the matter. In cases of doubt, the Federal Government will decide in agreement with the Bundesrat; the decision must be published. (2) Insofar as legal provisions which continue in force as Land law contain such an authorization, it will be exercised by the agencies competent under Land law. (3) Insofar as legal provision within the meaning of paragraphs 1 and 2 authorize their amendment or supplementation or the issue of legal provisions in place of laws, these authorizations have expired. (4) The provisions of paragraphs I and 2 apply mutatis mutandis whenever legal provisions refer to regulations no longer valid or to institutions no longer in existence.

Article 130.(1) Administrative agencies and other institutions which serve the public administration or the administration of justice and are not based on Land law or treaties between Länder, as well as the Association of Management of Southwest German Railroads and the Administrative Council for the Postal Services and Telecommunications of the French Zone of Occupation, are placed under the Federal Government. The Federal Government provides with the consent of the Bundesrat for their transfer, dissolution or liquidation. (2) The highest disciplinary superior of the personnel of these administrations and institutions is the appropriate Federal Minister. (3) Bodies corporate and institutions of public law no directly under a Land and not based on treaties between Länder, are under the supervision of the appropriate highest Federal author.

Article 131.Federal legislation shall regulate the legal status of persons, including refugees and expellees, who on May 8, 1945, were employed in the public service, have left the service for reasons other than those arising from civil service regulations or collective agreement rules, and have not until now been employed or are employed in a position not corresponding to their former one. The same applies mutatis mutandis to persons, including refugees and expellees, who, on May 8, 1945 were entitled to a pension or other assistance and who no longer receive any assistance or any commensurate assistance for reasons other than those arising from civil service regulations or collective agreement rules. Until the Federal law comes into force, no legal claims can be made, unless otherwise provided by Land legislation.

Article 132. (1) Civil servants and Judges who, when the Basic Law comes into force, are appointed for life, may within six months after the first meeting of the Bundestag, be placed on the retired list or waiting list or be transferred to another one with lower remuneration, if they lack the personal or professional aptitude for their office. This provision applies mutatis mutandis also to salaried employees whose service cannot be terminated by notice. In the case of salaried employer whose services can be terminated by notice, periods of notice in excess of the periods fixed by collective agreement rules may be canceled within the same period. (2) This provision does not apply to members of the public service who are not affected by the provisions regarding the liberation from National Socialism and militarism or who are recognized victims of National Socialism unless there is an important reason with respect to their personality. (3) Those affected may have recourse to the courts in accordance with Article 19, paragraph 4. (4) Details will be regulated by an ordinance of the Federal Government which requires the consent of the Bundesrat.

Article 133. The Federation succeeds to the rights and obligations of the Bizonal Economic Administration.

Article 134.(1) Reich property becomes in principle Federal properly.(2) Insofar as the property was originally intended to be used predominantly for administrative tasks which, under this Basic Law, are no administrative tasks of the Federation, it shall be transferred without compensation to the authorities not charged with such tasks, and to the Länder insofar as it is being used at present, and not merely temporarily, for administrative tasks which under the Basic Law are now within the administrative functions of the Länder. The Federation may also transfer other property to the Länder. (3) Property which was placed at the disposal of the Reich by the Länder and communities (associations of communities) without compensation shall again become the property of the Länder and communities (community associations), insofar as it is not required by the Federation for its own administrative tasks. (4) Details will be regulated by a Federal law which requires the consent of the Bundesrat.

Article 135. (1) If after May 8, 1945, and before the coming into force of this Basic Law an area has passed from one Land to another, the Land to which the area now belongs is entitled to the property located therein of the Land to which it formerly belonged. (2) Property of Länder and other bodies-corporate and institutions under public law, which no longer exist, passes insofar as it was originally intended lo be used predominantly for administrative tasks or is being used at present, and not merely temporarily, predominantly for administrative tasks, to the Land or the body-corporate or institution under public law which now discharges these tasks. (3) Real estate of Länder which no longer exists, including appurtenances, passes to the Land within which it is located insofar as it is not included among property within the meaning of paragraph 1. (4) If an overriding interest of the Federation or the particular interest of an area so requires, a settlement deviating from paragraph 1 to 3 may be effected by Federal Law. (5) For the rest, the succession in law and the settlement of the property, insofar as it has not been affected before January 1 1952, by agreement between the Länder or bodies-corporate or institutions under public law concerned will be regulated by a Federal law which requires the counsel of the Bundesrat. (6) Interests of the former Land of Prussia in enterprises under private law pass to the Federation. A Federal law which may also deviate from this provision, will regulate details. (7) Insofar as, on the coming into force of the Basic Law, property which would fall to a Land or body-corporate or institution under public law pursuant to paragraph 1 to 3 had been disposed of through or under authority of a Land law or in any other manner by the party thus entitled, the passing of the property is deemed to have taken place before such disposition.

Article 135a (amended 31 August 1990 & 23 September 1990) (1) The legislation reserved to the Federation in Article 134, paragraph (4), and Article 135, paragraph (5), may also stipulate that the following liabilities shall not be discharged, or not to heir full extent: 1. Liabilities of the Reich or liabilities of the former Land Prussia or liabilities of such other bodies-corporate and institutions under public law as no longer exist; 2. such liabilities of the Federation or other bodies-corporate and institutions under public law as are connected with the transfer of properties pursuant to Articles 89, 90, 134 or 135, and such liabilities of the same as arise from measures taken by the holders of rights defined under item 1; 3. such liabilities of Länder or communes (associations of communes) as have arisen from measures taken by these holders of rights before August 1, 1945, within the sphere of administrative functions incumbent upon, or delegated by, the Reich to comply with regulations of occupying Powers or to remove a state of emergency due to the war. (2) Paragraph 1 above shall be applied mutatis mutandis to liabilities of the German Democratic Republic or its legal entities as well as to liabilities of the Federation or other corporate bodies and institutions under public law which are connected with the transfer of properties of the German Democratic Republic to the Federation, Länder and communes (Gemeinden), and to liabilities arising from measures taken by the German Democratic Republic or its legal entities.

Article 136. (1) The Bundesrat assembles for the first time on the day of the first meeting of the Bundestag. (2) Until the election of the first Federal President his powers will be exercised by the President of the Bundesrat. He has not the right to dissolve the Bundestag.

Article 137. (1) The right of civil servants, of salaried employees of the public services, of professional soldiers, of temporary volunteer soldiers and of judges to stand for election in the Federation, in the Länder or in the communes may be restricted by legislation. (2) The Electoral Law to be adopted by the Parliamentary Council applies to the election of the first Bundestag of the first Federal Convention and of the first Federal President of the Federal Republic. (3) The function of the Federal Constitutional Court pursuant to Article 41, paragraph 2, shall, pending its establishment, be exercised by the German High Court for the Combined Economic Area, which shall decide in accordance with its rules of procedure.

Article 138. Changes in the rules relating to notaries as they now exist in the Länder of Baden, Bavaria, Wuerttemberg-Baden and Wuerttemberg- Hohenzollern, require the consent of the governments of these Länder.

Article 139. The provisions of law enacted for the liberation of the German people from National Socialism and Militarism are not affected by the provisions of this Basic Law.

Article 140. The provisions of Articles 136, 137, 138, 139 and 141 of the German Constitution of August 11, 1919, are an integral part of this Basic Law.

Article 141.Article 7, paragraph 3 first sentence, has no application in a Land in which different provisions of Land law were in force on January 1, 1949.

Article 142.Notwithstanding the provision of Article 31, such provisions of Land Constitutions as guarantee basic rights in conformity with Articles 1 to 18 of this Basic Law also remain in force.

Article 142a (Repealed)

Article 143 (1) Law in the territory specified in Article 3 of the Unification Treaty may deviate from provisions of this Basic Law for a period not extending beyond 31 December 1992 in so far as and as long as no complete adjustment to the order of the Basic Law can be achieved as a consequence of the different conditions. Deviations must not violate Article 19 (2) and must be compatible with the principles set out in Article 79 (3). (2) Deviations from sections II, VIII, VIIIa, IX, X and XI are permissible for a period not extending beyond 31 December 1995. (3) Notwithstanding paragraphs 1 and 2 above, Article 41 of the Unification Treaty and the rules for its implementation shall remain valid in so far as they provide for the irreversibility of intrusion on property in the territory specified in Article 3 of the said Treaty.

Article 144. (1) This Basic Law requires ratification by the representative assemblies in two-thirds of the German Länder in which it is for the time being to apply. (2) Insofar as the application of this Basic Law is subject to restrictions in any Land listed in Article 23 or in any part of such Land, the Land or the part thereof has the right to send representatives to the Bundestag in accordance with Article 38 and to the Bundesrat in accordance with Article 50.

Article 145.(1) The Parliamentary Council shall note in public session, with the participation of the representatives of Greater Berlin, the ratification of this Basic Law and shall sign and promulgate it. (2) This Basic Law shall come into force at the end of the day of promulgation. (3) It shall be published in the Federal Gazette.
Article 146 (Duration of validity of the Basic Law; amended by Unification Treaty of 31 August 1990 and federal statute 23 September 1990). This Basic Law, which is valid for the entire German people following the achievement of the unity and freedom of Germany, shall cease to be in force on the day on which a constitution adopted by a free decision of the German people comes into force.

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