Germany 1949 (rev. 2014) Subsequently amended

Conscious of their responsibility before God and man, Inspired by the determination to promote world peace as an equal partner in a united Europe, the German people, in the exercise of their constituent power, have adopted this Basic Law. Germans in the Länder of Baden-Württemberg, Bavaria, Berlin, Brandenburg, Bremen, Hamburg, Hesse, Lower Saxony, Mecklenburg-Western Pomerania, North Rhine-Westphalia, Rhineland-Palatinate, Saarland, Saxony, Saxony-Anhalt, Schleswig-Holstein and Thuringia have achieved the unity and freedom of Germany in free self-determination. This Basic Law thus applies to the entire German people.

I. Basic Rights

Article 1. [Human dignity - Human rights - Legally binding force of basic rights]

Human dignity Inalienable rights

Article 2. [Personal freedoms]

Right to development of personality Inalienable rights , Prohibition of torture , Right to life , Prohibition of cruel treatment General guarantee of equality

Article 3. [Equality before the law]

    All persons shall be equal before the law.
Provision for matrimonial equality

Equality regardless of parentage , Equality regardless of origin , Equality regardless of race , Equality for persons with disabilities , Equality regardless of religion , Equality regardless of political party , Equality regardless of language , Equality regardless of gender

Freedom of religion

Article 4. [Freedom of faith and conscience]

Inalienable rights , Freedom of opinion/thought/conscience Right to conscientious objection

Article 5. [Freedom of expression, arts and sciences]

Radio , Freedom of expression , Freedom of press , Telecommunications Right to protect one's reputation Reference to art , Right to academic freedom

Article 6. [Marriage - Family - Children]

Regulation of marriage , Right to found a family Right to found a family , Rights or duties of parents Rights of children , Rights or duties of parents Rights of children

Article 7. [School system]

Free education Rights or duties of parents Free education Free education Access to higher education Freedom of assembly

Article 8. [Freedom of assembly]

  1. All Germans shall have the right to assemble peacefully and unarmed without prior notification or permission.
  2. In the case of outdoor assemblies, this right may be restricted by or pursuant to a law.

Article 9. [Freedom of association]

Freedom of association Freedom of association Right to join trade unions

Article 10. [Privacy of correspondence, posts and telecommunications]

Right to privacy , Telecommunications , Inalienable rights Emergency provisions

Article 11. [Freedom of movement]

Freedom of movement Emergency provisions

Article 12. [Occupational freedom]

Right to choose occupation Prohibition of slavery

Article 12a. [Compulsory military and alternative civilian service]

Duty to serve in the military Right to conscientious objection Emergency provisions Emergency provisions Emergency provisions Emergency provisions

Article 13. [Inviolability of the home]

Right to privacy , Inalienable rights Emergency provisions Subsidiary unit government Emergency provisions

Article 14. [Property - Inheritance - Expropriation]

Right to own property , Right to transfer property Protection from expropriation Ownership of natural resources

Article 15. [Socialisation]

Land, natural resources and means of production may for the purpose of socialisation be transferred to public ownership or other forms of public enterprise by a law that determines the nature and extent of compensation. With respect to such compensation the third and fourth sentences of paragraph (3) of Article 14 shall apply mutatis mutandis.

Article 16. [Citizenship - Extradition]

Conditions for revoking citizenship Extradition procedure , Regional group(s) Protection of stateless persons

Article 16a. [Right of asylum]

    Persons persecuted on political grounds shall have the right of asylum.
International human rights treaties Treaty ratification , International law , International human rights treaties Right of petition

Article 17. [Right of petition]

Every person shall have the right individually or jointly with others to address written requests or complaints to competent authorities and to the legislature.

Article 17a. [Restriction of basic rights in specific instances]

Restrictions on the armed forces Right to privacy , Freedom of movement Constitutional court powers , Telecommunications

Article 18. [Forfeiture of basic rights]

Whoever abuses the freedom of expression, in particular the freedom of the press (paragraph (1) of Article 5), the freedom of teaching (paragraph (3) of Article 5), the freedom of assembly (Article 8), the freedom of association (Article 9), the privacy of correspondence, posts and telecommunications (Article 10), the rights of property (Article 14), or the right of asylum (Article 16a) in order to combat the free democratic basic order shall forfeit these basic rights. This forfeiture and its extent shall be declared by the Federal Constitutional Court.

Article 19. [Restriction of basic rights - Legal remedies]

  1. Insofar as, under this Basic Law, a basic right may be restricted by or pursuant to a law, such law must apply generally and not merely to a single case. In addition, the law must specify the basic right affected and the Article in which it appears.
  2. In no case may the essence of a basic right be affected.
  3. The basic rights shall also apply to domestic artificial persons to the extent that the nature of such rights permits.
Ultra-vires administrative actions

II. The Federation and the Länder

Article 20. [Constitutional principles - Right of resistance]

Type of government envisioned Right to overthrow government Protection of environment

Article 20a. [Protection of the natural foundations of life and animals]

Mindful also of its responsibility toward future generations, the state shall protect the natural foundations of life and animals by legislation and, in accordance with law and justice, by executive and judicial action, all within the framework of the constitutional order.

Article 21. [Political parties]

Restrictions on political parties , Right to form political parties Constitutional court powers , Prohibited political parties , Regulation of political parties

Article 22. [Federal capital - Federal flag]

National capital National flag Regional group(s)

Article 23. [European Union - Protection of basic rights - Principle of subsidiarity]

International law , Treaty ratification Subsidiary unit government , International law Radio , Telecommunications

Article 24. [Transfer of sovereign powers - System of collective security]

International organizations International law , Customary international law

Article 25. [Primacy of international law]

The general rules of international law shall be an integral part of federal law. They shall take precedence over the laws and directly create rights and duties for the inhabitants of the federal territory.

Article 26. [Securing international peace]

  1. Acts tending to and undertaken with intent to disturb the peaceful relations between nations, especially to prepare for a war of aggression, shall be unconstitutional. They shall be made a criminal offence.
  2. Weapons designed for warfare may be manufactured, transported or marketed only with the permission of the Federal Government. Details shall be regulated by a federal law.

Article 27. [Merchant fleet]

All German merchant vessels shall constitute a unitary merchant fleet.

Article 28. [Land constitutions - Autonomy of municipalities]

Regional group(s) , Restrictions on voting , Municipal government , Subsidiary unit government , Claim of universal suffrage , Secret ballot

Municipal government

Article 29. [New delimitation of the federal territory]

    The division of the federal territory into Länder may be revised to ensure that each Land be of a size and capacity to perform its functions effectively. Due regard shall be given in this connection to regional, historical and cultural ties, economic efficiency, and the requirements of local and regional planning.
Subsidiary unit government , Referenda

Article 30. [Sovereign powers of the Länder]

Except as otherwise provided or permitted by this Basic Law, the exercise of state powers and the discharge of state functions is a matter for the Länder.

National vs subnational laws

Article 31. [Supremacy of federal law]

Federal law shall take precedence over Land law.

Article 32. [Foreign relations]

    Relations with foreign states shall be conducted by the Federation.
International law , Treaty ratification Subsidiary unit government , International law , Treaty ratification

Article 33. [Equal citizenship - Public service]

    Every German shall have in every Land the same political rights and duties.
Eligibility for first chamber , Civil service recruitment Equality regardless of creed or belief , Equality regardless of religion , Freedom of religion Ultra-vires administrative actions

Article 34. [Liability for violation of official duty]

If any person, in the exercise of a public office entrusted to him, violates his official duty to a third party, liability shall rest principally with the state or public body that employs him. In the event of intentional wrongdoing or gross negligence, the right of recourse against the individual officer shall be preserved. The ordinary courts shall not be closed to claims for compensation or indemnity.

Article 35. [Legal and administrative assistance and assistance during disasters]

    All federal and Land authorities shall render legal and administrative assistance to one another.
Subsidiary unit government , Emergency provisions Emergency provisions

Article 36. [Personnel of federal authorities]

  1. Civil servants employed by the highest federal authorities shall be drawn from all Länder in appropriate proportion. Persons employed by other federal authorities shall, as a rule, be drawn from the Land in which they serve.
  2. Laws regarding military service shall also take into account both the division of the Federation into Länder and the regional loyalties of their people.
Powers of cabinet

Article 37. [Federal execution]

  1. If a Land fails to comply with its obligations under this Basic Law or other federal laws, the Federal Government, with the consent of the Bundesrat, may take the necessary steps to compel the Land to comply with its duties.
  2. For the purpose of implementing such coercive measures, the Federal Government or its representative shall have the right to issue instructions to all Länder and their authorities.

III. The Bundestag

Structure of legislative chamber(s) , First chamber selection

Article 38. [Elections]

Secret ballot Minimum age for first chamber , Claim of universal suffrage , Restrictions on voting Size of first chamber

Article 39. [Electoral term - Convening]

Term length for first chamber , Scheduling of elections , Head of government term length Extraordinary legislative sessions

Article 40. [Presidency - Rules of procedure]

Leader of first chamber

Article 41. [Scrutiny of elections]

Removal of individual legislators Constitutional court powers

Article 42. [Public sittings - Majority decisions]

Public or private sessions Publication of deliberations , Legislative committees Legislative committees

Article 43. [Right to require presence, right of access and right to be heard]

Legislative oversight of the executive Legislative committees

Article 44. [Committees of inquiry]

Legislative oversight of the executive Legislative committees , Regional group(s)

Article 45. [Committee on the European Union]

The Bundestag shall appoint a Committee on the Affairs of the European Union. It may authorise the committee to exercise the rights of the Bundestag under Article 23 vis-à-vis the Federal Government. It may also empower it to exercise the rights granted to the Bundestag under the contractual foundations of the European Union.

Legislative committees

Article 45a. [Committees on Foreign Affairs and Defence]

    The Bundestag shall appoint a Committee on Foreign Affairs and a Defence Committee.
Legislative oversight of the executive

Article 45b. [Parliamentary Commissioner for the Armed Forces]

A Parliamentary Commissioner for the Armed Forces shall be appointed to safeguard basic rights and to assist the Bundestag in exercising parliamentary oversight over the Armed Forces. Details shall be regulated by a federal law.

Legislative committees

Article 45c. [Petitions Committee]

  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 a federal law.

Article 45d. [Parliamentary Control Panel]

  1. The Bundestag shall appoint a panel to scrutinise the intelligence activities of the Federation.
  2. Details shall be regulated by a federal law.
Immunity of legislators

Article 46. [Immunities of Members]

Legislative committees Head of state immunity Head of state immunity Head of state immunity

Article 47. [Right of refusal to give evidence]

Members may refuse to give evidence concerning persons who have confided information to them in their capacity as Members of the Bundestag, or to whom they have confided information in this capacity, as well as evidence concerning this information itself. To the extent that this right of refusal to give evidence applies, no seizure of documents shall be permissible.

Article 48. [Candidature - Protection of membership - Remuneration]

  1. Every candidate for election to the Bundestag shall be entitled to the leave necessary for his election campaign.
  2. No one may be prevented from accepting or exercising the office of Member of the Bundestag. No one may be given notice of dismissal or discharged from employment on this ground.
  3. Members shall be entitled to remuneration adequate to ensure their independence. They shall be entitled to the free use of all publicly owned means of transport. Details shall be regulated by a federal law.

Article 49

IV. The Bundesrat

Regional group(s) , Structure of legislative chamber(s)

Article 50. [Functions]

The Länder shall participate through the Bundesrat in the legislation and administration of the Federation and in matters concerning the European Union.

Article 51. [Composition - Weighted voting]

Eligibility for second chamber , Second chamber selection Second chamber selection

Article 52. [President - Decisions - Rules of procedure]

Leader of second chamber Extraordinary legislative sessions Public or private sessions Regional group(s) Legislative committees Legislative committees

Article 53. [Attendance of members of the Federal Government]

The members of the Federal Government shall have the right, and on demand the duty, to participate in meetings of the Bundesrat and of its committees. They shall have the right to be heard at any time. The Bundesrat shall be kept informed by the Federal Government with regard to the conduct of its affairs.

IVa. The Joint Committee

Joint meetings of legislative chambers , Legislative committees

Article 53a. [Composition - Rules of procedure]

    The Joint Committee shall consist of Members of the Bundestag and members of the Bundesrat; the Bundestag shall provide two thirds and the Bundesrat one third of the committee members. The Bundestag shall designate Members in proportion to the relative strength of the various parliamentary groups; they may 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 proceedings shall be regulated by rules of procedure to be adopted by the Bundestag and requiring the consent of the Bundesrat.
Emergency provisions

V. The Federal President

Name/structure of executive(s)

Article 54. [Election - Term of office]

Eligibility for head of state , Minimum age of head of state , Scheduling of elections , Head of state selection

Head of state term length , Head of state term limits Subsidiary unit government , Scheduling of elections , Head of state selection Eligibility for head of state

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, or engage in any trade or profession, or belong to the management or supervisory board of any enterprise conducted for profit.
God or other deities , Oaths to abide by constitution

Article 56. [Oath of office]

On assuming his office, the Federal President shall take 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, promote their welfare, protect them from harm, uphold and defend the Basic Law and the laws of the Federation, perform my duties conscientiously, and do justice to all. So help me God." The oath may also be taken without religious affirmation.

Head of state replacement

Article 57. [Substitution]

If the Federal President is unable to perform his duties, or if his office falls prematurely vacant, the President of the Bundesrat shall exercise his powers.

Powers of cabinet , Head of government powers

Article 58. [Countersignature]

Orders and directions of the Federal President shall require for their validity the countersignature of the Federal Chancellor or of the competent Federal Minister. This provision shall not apply to the appointment or dismissal of the Federal Chancellor, the dissolution of the Bundestag under Article 63, or a request made under paragraph (3) of Article 69.

Treaty ratification , International law

Article 59. [Representation of the Federation for the purposes of international law]

Foreign affairs representative , Head of state powers Legal status of treaties

Article 59a

Article 60. [Appointment of civil servants - Pardon - Immunity]

Head of state powers , Selection of active-duty commanders Power to pardon Head of state immunity Constitutional court powers , Head of state removal

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 wilful violation of this Basic Law or of any other federal law. The motion of impeachment must be supported by at least one quarter of the Members of the Bundestag or one quarter of the votes of the Bundesrat. The decision to impeach shall require a majority of two thirds of the Members of the Bundestag or of two thirds of the votes of the Bundesrat. The case for impeachment shall be presented before the Federal Constitutional Court by a person commissioned by the impeaching body.
  2. If the Federal Constitutional Court finds the Federal President guilty of a wilful violation of this Basic Law or of any other federal law, it may declare that he has forfeited his office. After the Federal President has been impeached, the Court may issue an interim order preventing him from exercising his functions.

VI. The Federal Government

Establishment of cabinet/ministers , Name/structure of executive(s)

Article 62. [Composition]

The Federal Government shall consist of the Federal Chancellor and the Federal Ministers.

Head of government selection

Article 63. [Election of the Federal Chancellor]

  1. The Federal Chancellor shall be elected by the Bundestag without debate on the proposal of the Federal President.
  2. The person who receives the votes of a majority of the Members of the Bundestag shall be elected. The person elected shall be appointed by the Federal President.
  3. If the person proposed by the Federal President is not elected, the Bundestag may elect a Federal Chancellor within fourteen days after the ballot by the votes of more than one half of its Members.
Dismissal of the legislature Establishment of cabinet/ministers

Article 64. [Appointment and dismissal of Federal Ministers - Oath of office]

Cabinet removal , Cabinet selection Oaths to abide by constitution Head of government powers , Head of state powers , Powers of cabinet

Article 65. [Power to determine policy guidelines - Department and collegiate responsibility]

The Federal Chancellor shall determine and be responsible for the general guidelines of policy. Within these limits each Federal Minister shall conduct the affairs of his department independently and on his own responsibility. The Federal Government shall resolve differences of opinion between Federal Ministers. The Federal Chancellor shall conduct the proceedings of the Federal Government in accordance with rules of procedure adopted by the Government and approved by the Federal President.

Designation of commander in chief

Article 65a. [Command of the Armed Forces]

  1. Command of the Armed Forces shall be vested in the Federal Minister of Defence.
  2. (repealed)
Eligibility for cabinet

Article 66. [Incompatibilities]

Neither the Federal Chancellor nor a Federal Minister may hold any other salaried office, or engage in any trade or profession, or belong to the management or, without the consent of the Bundestag, to the supervisory board of an enterprise conducted for profit.

Head of government replacement , Cabinet removal , Head of government removal

Article 67. [Vote of no confidence]

  1. The Bundestag may express its lack of confidence in the Federal Chancellor only by electing a successor by the vote of a majority of its Members and 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 shall elapse between the motion and the election.
Cabinet removal , Head of government removal , Head of government replacement

Article 68. [Vote of confidence]

Dismissal of the legislature Cabinet removal , Head of government removal

Article 69. [Deputy Federal Chancellor - Term of office]

Deputy executive Head of government term length

VII. Federal Legislation and Legislative Procedures

Article 70. [Division of powers between the Federation and the Länder]

Subsidiary unit government

Article 71. [Exclusive legislative power of the Federation]

On matters within the exclusive legislative power of the Federation, the Länder shall have power to legislate only when and to the extent that they are expressly authorised to do so by a federal law.

Article 72. [Concurrent legislative powers]

Subsidiary unit government Mentions of social class
  1. hunting (except for the law on hunting licenses);
Protection of environment Protection of environment

Federal laws on these matters shall enter into force no earlier than six months following their promulgation unless otherwise provided with the consent of the Bundesrat. As for the relationship between federal law and law of the Länder, the latest law enacted shall take precedence with respect to matters within the scope of the first sentence.

Article 73. [Matters under exclusive legislative power of the Federation]

  1. The Federation shall have exclusive legislative power with respect to:
    1. foreign affairs and defence, including protection of the civilian population;
    2. citizenship in the Federation;
    3. freedom of movement, passports, residency registration and identity cards, immigration, emigration and extradition;
    4. currency, money and coinage, weights and measures, and the determination of standards of time;
    International law , Treaty ratification Right to culture Telecommunications Provisions for intellectual property
    1. criminal police work,
    2. protection of the free democratic basic order, existence and security of the Federation or of a Land (protection of the constitution), and
    3. protection against activities within the federal territory which, by the use of force or preparations for the use of force, endanger the external interests of the Federal Republic of Germany,

    as well as the establishment of a Federal Criminal Police Office and international action to combat crime;

    Protection of victim's rights , State support for the unemployed

    Article 74. [Matters under concurrent legislative powers]

    1. Concurrent legislative power shall extend to the following matters:
      1. civil law, criminal law, court organisation and procedure (except for the correctional law of pre-trial detention), the legal profession, notaries, and the provision of legal advice;
      2. registration of births, deaths and marriages;
      3. the law of association;
      4. the law relating to residence and establishment of foreign nationals;
      5. (repealed)
      6. (repealed)
      7. matters concerning refugees and expellees;
      8. public welfare (except for the law on social care homes);
      9. (repealed)
      10. war damage and reparations;
      Protection of victim's rights State support for the unemployed Ownership of natural resources Protection of environment Right to shelter Drugs, alcohol, and illegal substances Protection of environment , Drugs, alcohol, and illegal substances Protection of environment Reference to science , Right to found a family Protection of environment

      Article 74a

      Article 75

      Division of labor between chambers

      Article 76. [Bills]

      Initiation of general legislation Division of labor between chambers

      Article 77. [Legislative procedure - Mediation Committee]

        Federal laws shall be adopted by the Bundestag. After their adoption the President of the Bundestag shall submit them to the Bundesrat without delay.
      Legislative committees Legislative committees Quorum for legislative sessions Division of labor between chambers

      Article 78. [Passage of federal laws]

      A bill adopted by the Bundestag shall become law if the Bundesrat consents to it, or fails to make a demand pursuant to paragraph (2) of Article 77, or fails to enter an objection within the period stipulated in paragraph (3) of Article 77, or withdraws such an objection, or if the objection is overridden by the Bundestag.

      Constitution amendment procedure

      Article 79. [Amendment of the Basic Law]

      Treaty ratification , International law Unamendable provisions

      Article 80. [Issuance of statutory instruments]

      Powers of cabinet , Subsidiary unit government Telecommunications Subsidiary unit government

      Article 80a. [State of tension]

      Emergency provisions Treaty ratification , International law , International organizations

      Article 81. [Legislative emergency]

      Head of state powers , Powers of cabinet

      Article 82. [Certification - Promulgation - Entry into force]

      1. Laws enacted in accordance with the provisions of this Basic Law shall, after countersignature, be certified by the Federal President and promulgated in the Federal Law Gazette. Statutory instruments shall be certified by the agency that issues them and, unless a law otherwise provides, shall be promulgated in the Federal Law Gazette.
      2. Every law or statutory instrument shall specify the date on which it shall take effect. In the absence of such a provision, it shall take effect on the fourteenth day after the day on which the Federal Law Gazette containing it was published.

      VIII. The Execution of Federal Laws and the Federal Administration

      Subsidiary unit government

      Article 83. [Execution by the Länder]

      The Länder shall execute federal laws in their own right insofar as this Basic Law does not otherwise provide or permit.

      Article 84. [Länder administration - Federal oversight]

      Subsidiary unit government Powers of cabinet Powers of cabinet Constitutional court powers

      Article 85. [Execution by the Länder on federal commission]

      Subsidiary unit government Powers of cabinet Powers of cabinet

      Article 86. [Federal administration]

      Where the Federation executes laws through its own administrative authorities or through federal corporations or institutions established under public law, the Federal Government shall, insofar as the law in question contains no special provision, issue general administrative rules. The Federal Government shall provide for the establishment of the authorities insofar as the law in question does not otherwise provide.

      Article 87. [Matters]

      1. The foreign service, the federal financial administration, and, in accordance with the provisions of Article 89, the administration of federal waterways and shipping shall be conducted by federal administrative authorities with their own administrative substructures. A federal law may establish Federal Border Police authorities and central offices for police information and communications, for the criminal police, and for the compilation of data for purposes of protection of the constitution and of protection against activities within the federal territory which, through the use of force or acts preparatory to the use of force, endanger the external interests of the Federal Republic of Germany.
      2. Social insurance institutions whose jurisdiction extends beyond the territory of a single Land shall be administered as federal corporations under public law. Social insurance institutions whose jurisdiction extends beyond the territory of a single Land but not beyond that of three Länder shall, notwithstanding the first sentence of this paragraph, be administered as Land corporations under public law, if the Länder concerned have specified which Land shall exercise supervisory authority.
      3. In addition, autonomous federal higher authorities as well as new federal corporations and institutions under public law may be established by a federal law for matters on which the Federation has legislative power. When the Federation is confronted with new responsibilities with respect to matters on which it has legislative power, federal authorities at intermediate and lower levels may be established, with the consent of the Bundesrat and of a majority of the Members of the Bundestag, in cases of urgent need.

      Article 87a. [Armed Forces]

      1. The Federation shall establish Armed Forces for purposes of defence. Their numerical strength and general organisational structure must be shown in the budget.
      2. Apart from defence, the Armed Forces may be employed only to the extent expressly permitted by this Basic Law.
      Emergency provisions Emergency provisions

      Article 87b. [Federal Defence Administration]

      1. The Federal Defence Administration shall be conducted as a federal administrative authority with its own administrative substructure. It shall have jurisdiction for personnel matters and direct responsibility for satisfaction of the procurement needs of the Armed Forces. Responsibilities connected with pensions for injured persons or with construction work may be assigned to the Federal Defence Administration only by a federal law requiring the consent of the Bundesrat. Such consent shall also be required for any laws to the extent that they empower the Federal Defence Administration to interfere with rights of third parties; this requirement, however, shall not apply in the case of laws regarding personnel matters.
      2. In addition, federal laws concerning defence, including recruitment for military service and protection of the civilian population, may, with the consent of the Bundesrat, provide that they shall be executed, wholly or in part, either by federal administrative authorities with their own administrative substructures or by the Länder on federal commission. If such laws are executed by the Länder on federal commission, they may, with the consent of the Bundesrat, provide that the powers vested in the Federal Government or in the competent highest federal authorities pursuant to Article 85 be transferred wholly or in part to federal higher authorities; in this event the law may provide that such authorities shall not require the consent of the Bundesrat in issuing general administrative rules pursuant to the first sentence of paragraph (2) of Article 85.

      Article 87c. [Production and utilisation of nuclear energy]

      Laws enacted under clause 14 of paragraph (1) of Article 73 may, with the consent of the Bundesrat, provide that they shall be executed by the Länder on federal commission.

      Regional group(s)

      Article 87d. [Air transport administration]

        Air transport administration shall be conducted under federal administration. Air navigation services may also be provided by foreign air navigation service providers which are authorised in accordance with European Community law.
      Subsidiary unit government

      Article 87e. [Rail transport administration]

      Subsidiary unit government Telecommunications

      Article 87f. [Posts and telecommunications]

      1. In accordance with a federal law requiring the consent of the Bundesrat, the Federation shall ensure the availability of adequate and appropriate postal and telecommunications services throughout the federal territory.
      2. Services within the meaning of paragraph (1) of this Article shall be provided as a matter of private enterprise by the firms succeeding to the special trust Deutsche Bundespost and by other private providers. Sovereign functions in the area of posts and telecommunications shall be discharged by federal administrative authorities.
      3. Notwithstanding the second sentence of paragraph (2) of this Article, the Federation, by means of a federal institution under public law, shall discharge particular responsibilities relating to the firms succeeding to the special trust Deutsche Bundespost as prescribed by a federal law.
      Central bank , Regional group(s)

      Article 88. [The Federal Bank - The European Central Bank]

      The Federation shall establish a note-issuing and currency bank as the Federal Bank. Within the framework of the European Union, its responsibilities and powers may be transferred to the European Central Bank, which is independent and committed to the overriding goal of assuring price stability.

      Article 89. [Federal waterways - Administration of waterways]

      Ownership of natural resources , Reference to country's history Subsidiary unit government

      Article 90. [Federal highways]

      Reference to country's history Subsidiary unit government Emergency provisions

      Article 91. [Internal emergency]

      Subsidiary unit government

      VIIIa. Joint Tasks

      Article 91a. [Joint tasks - Responsibility for expenditure]

        In the following areas the Federation shall participate 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):
          improvement of regional economic structures;
        Protection of environment Subsidiary unit government

        Article 91b. [Education programmes and promotion of research]

        Reference to science Subsidiary unit government

        Article 91c. [Information technology systems]

        1. The Federation and the Länder may cooperate in planning, constructing, and operating information technology systems needed to discharge their responsibilities.
        2. The Federation and the Länder may agree to specify the standards and security requirements necessary for exchanges between their information technology systems. Agreements regarding the bases of cooperation under the first sentence may provide, for individual responsibilities determined by their content and scope, that detailed regulations be enacted with the consent of a qualified majority of the Federation and the Länder as laid down in the agreements. They require the consent of the Bundestag and the legislatures of the participating Länder; the right to withdraw from these agreements cannot be precluded. The agreements shall also regulate the sharing of costs.
        3. The Länder may also agree on the joint operation of information technology systems along with the establishment of installations for that purpose.
        4. For linking the information networks of the Federation and the Länder, the Federation shall establish a connecting network. Details regarding the establishment and the operation of the connecting network shall be regulated by a federal law with the consent of the Bundesrat.
        Subsidiary unit government

        Article 91d. [Comparison of performance]

        With a view to ascertaining and improving the performance of their administrations, the Federation and the Länder may conduct comparative studies and publish the results thereof.

        Municipal government , Subsidiary unit government

        Article 91e. [Cooperation in respect of basic support for persons seeking employment]

        1. In the execution of federal laws in the field of basic support for persons seeking employment the Federation and the Länder or the municipalities and associations of municipalities responsible pursuant to Land law shall generally cooperate in joint institutions.
        2. The Federation may authorise a limited number of municipalities and associations of municipalities, at their request and with the consent of the highest Land authority, to discharge the tasks pursuant to paragraph (1) alone. In this case, the Federation shall bear the necessary expenditures including the administrative expenses for the tasks which are to be discharged by the Federation in the execution of laws pursuant to paragraph (1).
        3. Details shall be regulated by a federal law requiring the consent of the Bundesrat.

        IX. The Judiciary

        Structure of the courts , Establishment of constitutional court , Establishment of labor courts , Establishment of military courts , Establishment of administrative courts

        Article 92. [Court organisation]

        The judicial power shall be vested in the judges; it shall be exercised by the Federal Constitutional Court, by the federal courts provided for in this Basic Law, and by the courts of the Länder.

        Constitutional court powers , Establishment of administrative courts , Establishment of military courts , Establishment of labor courts , Establishment of constitutional court

        Article 93. [Jurisdiction of the Federal Constitutional Court]

        Constitutional interpretation
          on the interpretation of this Basic Law in the event of disputes concerning the extent of the rights and duties of a supreme federal body or of other parties vested with rights of their own by this Basic Law or by the rules of procedure of a supreme federal body;
        Constitutionality of legislation , Federal review of subnational legislation Constitutionality of legislation Constitutional court powers Constitutionality of legislation Federal review of subnational legislation , Constitutionality of legislation Constitutional court powers

        Establishment of military courts , Establishment of constitutional court , Establishment of labor courts , Establishment of administrative courts

        Article 94. [Composition of the Federal Constitutional Court]

        Constitutional court selection , Eligibility for const court judges

        Establishment of administrative courts , Establishment of military courts , Establishment of constitutional court , Establishment of labor courts , Structure of the courts

        Article 95. [Supreme federal courts]

        Administrative court selection Supreme court selection , Administrative court selection , Establishment of judicial council

        Establishment of administrative courts , Establishment of constitutional court , Establishment of labor courts , Establishment of military courts

        Article 96. [Other federal courts]

        1. The Federation may establish a federal court for matters concerning industrial property rights.
        2. The Federation may establish federal military criminal courts for the Armed Forces. These courts may exercise criminal jurisdiction only during a state of defence or over members of the Armed Forces serving abroad or on board warships. Details shall be regulated by a federal law. These courts shall be under the aegis of the Federal Minister of Justice. Their full-time judges shall be persons qualified to hold judicial office.
        3. The supreme court of review from the courts designated in paragraphs (1) 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 on complaints by, persons in the federal public service.
        Subsidiary unit government International law

        Article 97. [Judicial independence]

        Judicial independence

        Protection of judges' salaries , Mandatory retirement age for judges , Supreme/ordinary court judge removal

        Article 98. [Legal status of judges - Impeachment]

          The legal status of federal judges shall be regulated by a special federal law.
        Constitutional court powers , Supreme/ordinary court judge removal Ordinary court selection Constitutional court powers , Supreme/ordinary court judge removal

        Article 99. [Constitutional disputes within a Land]

        A Land law may assign the decision of constitutional disputes within a Land to the Federal Constitutional Court, and the final decision in matters involving the application of Land law to the supreme courts specified in paragraph (1) of Article 95.

        Constitutional interpretation , Constitutionality of legislation

        Article 100. [Concrete judicial review]

          If a court concludes that a law on whose validity its decision depends is unconstitutional, the proceedings shall be stayed, and a decision shall be obtained from the Land court with jurisdiction over constitutional disputes where the constitution of a Land is held to be violated, or from the Federal Constitutional Court where this Basic Law is held to be violated. This provision shall also apply where the Basic Law is held to be violated by Land law and where a Land law is held to be incompatible with a federal law.
        International law

        Article 101. [Ban on extraordinary courts]

        1. Extraordinary courts shall not be allowed. No one may be removed from the jurisdiction of his lawful judge.
        2. Courts for particular fields of law may be established only by a law.
        Prohibition of capital punishment

        Article 102. [Abolition of capital punishment]

        Capital punishment is abolished.

        Article 103. [Fair trial]

        Guarantee of due process Protection from ex post facto laws , Principle of no punishment without law Prohibition of double jeopardy Protection from unjustified restraint

        Article 104. [Deprivation of liberty]

        Prohibition of torture , Prohibition of corporal punishment , Prohibition of cruel treatment

        X. Finance

        Article 104a. [Apportionment of expenditures - Financial system - Liability]

        1. The Federation and the Länder shall separately finance the expenditures resulting from the discharge of their respective responsibilities insofar as this Basic Law does not otherwise provide.
        2. Where the Länder act on federal commission, the Federation shall finance the resulting expenditures.
        3. Federal laws providing for money grants to be administered by the Länder may provide that the Federation shall pay for such grants wholly or in part. If any such law provides that the Federation shall finance one half or more of the expenditure, it shall be executed by the Länder on federal commission.
        4. Federal laws that oblige the Länder to provide money grants, benefits in kind or comparable services to third persons and which are executed by the Länder in their own right or according to the second sentence of paragraph (3) on commission of the Federation shall require the consent of the Bundesrat if the expenditure resulting therefrom shall be borne by the Länder.
        5. The Federation and the Länder shall finance the administrative expenditures incurred by their respective authorities and shall be responsible to one another for ensuring proper administration. Details shall be regulated by a federal law requiring the consent of the Bundesrat.
        Regional group(s)

        Article 104b. [Financial assistance for investments]

        1. To the extent that this Basic Law confers on it the power to legislate, the Federation may grant the Länder financial assistance for particularly important investments by the Länder and municipalities (associations of municipalities) which are necessary to:
          1. avert a disturbance of the overall economic equilibrium;
          2. equalise differing economic capacities within the federal territory; or
          3. promote economic growth.

          In deviating from the first sentence, the Federation may grant financial assistance even outside its field of legislative powers in cases of natural disasters or exceptional emergency situations beyond governmental control and substantially harmful to the state's financial capacity.

          Article 105. [Distribution of powers regarding tax laws]

          1. The Federation shall have exclusive power to legislate with respect to customs duties and fiscal monopolies.
          2. The Federation shall have concurrent power to legislate with respect to all other taxes the revenue from which accrues to it wholly or in part or as to which the conditions provided for in paragraph (2) of Article 72 apply.
          Subsidiary unit government Subsidiary unit government

          Article 106. [Apportionment of tax revenue and yield of fiscal monopolies]

          1. The yield of fiscal monopolies and the revenue from the following taxes shall accrue to the Federation:
            1. customs duties;
            2. taxes on consumption insofar as they do not accrue to the Länder pursuant to paragraph (2), or jointly to the Federation and the Länder in accordance with paragraph (3), or to municipalities in accordance with paragraph (6) of this Article;
            3. the road freight tax, motor vehicle tax, and other taxes on transactions related to motorised vehicles;
            4. the taxes on capital transactions, insurance and bills of exchange;
            5. non-recurring levies on property and equalisation of burdens levies;
            6. income and corporation surtaxes;
            7. levies imposed within the framework of the European Communities.
            1. the property tax;
            2. the inheritance tax;
            3. the motor vehicle tax;
            4. such taxes on transactions as do not accrue to the Federation pursuant to paragraph (1) or jointly to the Federation and the Länder pursuant to paragraph (3) of this Article
            5. the beer tax;
            6. the tax on gambling establishments.
            Mentions of social class

            In determining the respective shares of the Federation and the Länder in the revenue from the turnover tax, reductions in revenue incurred by the Länder from 1 January 1996 because of the provisions made with respect to children in the income tax law shall also be taken into account. Details shall be regulated by the federal law enacted pursuant to the third sentence of this paragraph.

            Municipal government Municipal government Municipal government

            Article 106a. [Federal grants for local mass transit]

            Beginning 1 January 1996 the Länder shall be entitled to an allocation of federal tax revenues for purposes of local mass transit. Details shall be regulated by a federal law requiring the consent of the Bundesrat. Allocations made pursuant to the first sentence of this Article shall not be taken into account in determining the financial capacity of a Land under paragraph (2) of Article 107.

            Article 106b. [Länder share of motor vehicle tax]

            As of 1 July 2009, following the transfer of the motor vehicle tax to the Federation, the Länder shall be entitled to a sum from the tax revenue of the Federation. Details shall be regulated by a federal law requiring the consent of the Bundesrat.

            Subsidiary unit government

            Article 107. [Distribution of tax revenue - Financial equalisation among the Länder - Supplementary grants]

            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 finance authorities within their respective territories (local revenue). Details regarding the delimitation as well as the manner and scope of allotment of local revenue from corporation and wage taxes shall be regulated by a federal law requiring the consent of the Bundesrat. This law 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 law requiring the consent of the Bundesrat may provide for the grant of supplementary shares not exceeding one quarter of a Land share to Länder whose per capita income from Land taxes, from income and corporation taxes and from taxes under Article 106b ranks below the average of all the Länder combined; with respect to the tax on the acquisition of real estate, the capacity to generate revenue shall be considered.
            2. Such law shall ensure a reasonable equalisation of the disparate financial capacities of the Länder, with due regard for the financial capacities and needs of municipalities (associations of municipalities). It shall specify the conditions governing the claims of Länder entitled to equalisation payments and the liabilities of Länder required to make them as well as the criteria for determining the amounts of such payments. It may also provide for grants to be made by the Federation to financially weak Länder from its own funds to assist them in meeting their general financial needs (supplementary grants).

            Article 108. [Financial administration of the Federation and the Länder - Financial courts]

              Customs duties, fiscal monopolies, taxes on consumption regulated by a federal law, including the turnover tax on imports, the motor vehicle tax and other transaction taxes related to motorised vehicles as from 1 July 2009, and charges imposed within the framework of the European Communities shall be administered by federal finance authorities. The organisation of these authorities shall be regulated by a federal law. Inasmuch as intermediate authorities have been established, their heads shall be appointed in consultation with the Land governments.
            Subsidiary unit government Subsidiary unit government Powers of cabinet

            Article 109. [Budget management in the Federation and the Länder]

            Subsidiary unit government Balanced budget , Emergency provisions , Budget bills International human rights treaties , Regional group(s)

            Article 109a. [Budgetary emergencies]

            To avoid a budgetary emergency, a federal law requiring the consent of the Bundesrat shall provide for:

            1. the continuing supervision of budgetary management of the Federation and the Länder by a joint body (Stability Council),
            2. the conditions and procedures for ascertaining the threat of a budgetary emergency,
            3. the principles for the establishment and administration of programs for taking care of budgetary emergencies.

            The decisions of the Stability Council and the accompanying documents shall be published.

            Article 110. [Federal budget]

            Balanced budget , Budget bills Budget bills

            Article 111. [Interim budget management]

            Budget bills
            1. to maintain institutions established by a law and to carry out measures authorised by a law;
            2. to meet the legal obligations of the Federation;
            3. to continue construction projects, procurements, and the provision of other benefits or services, or to continue to make grants for these purposes, to the extent that amounts have already been appropriated in the budget of a previous year.

            Article 112. [Extrabudgetary expenditures]

            Expenditures in excess of budgetary appropriations or for purposes not contemplated by the budget shall require the consent of the Federal Minister of Finance. Such consent may be given only in the event of an unforeseen and unavoidable necessity. Details may be regulated by a federal law.

            Spending bills

            Article 113. [Increase of expenditures]

            Budget bills

            Article 114. [Submission and auditing of accounts]

              For the purpose of discharging the Federal Government, the Federal Minister of Finance shall submit annually to the Bundestag and to the Bundesrat an account of all revenues and expenditures as well as of assets and debts during the preceding fiscal year.

            Establishment of labor courts , Establishment of constitutional court , Establishment of military courts , Establishment of administrative courts

            Emergency provisions

            Article 115. [Limits of borrowing]

            Finance bills Balanced budget , Budget bills

            Xa. State of Defence

            Emergency provisions

            Article 115a. [Declaration of state of defence]

            Quorum for legislative sessions Quorum for legislative sessions , Legislative committees Legislative committees , International law Head of government powers

            Article 115b. [Power of command of the Federal Chancellor]

            Upon the promulgation of a state of defence the power of command over the Armed Forces shall pass to the Federal Chancellor.

            Article 115c. [Extension of the legislative powers of the Federation]

            Emergency provisions Emergency provisions
            1. make temporary provisions concerning compensation in the event of expropriation that deviate from the requirements of the second sentence of paragraph (3) of Article 14;
            2. establish a time limit for deprivations of freedom different from that specified in the third sentence of paragraph (2) and the first sentence of paragraph (3) of Article 104, but not exceeding four days, for cases in which no judge has been able to act within the time limit that normally applies.
            Emergency provisions

            Article 115d. [Urgent bills]

            1. During a state of defence the federal legislative process shall be governed by the provisions of paragraphs (2) and (3) of this Article without regard to the provisions of paragraph (2) of Article 76, the second sentence of paragraph (1) and paragraphs (2) to (4) of Article 77, Article 78, and paragraph (1) of Article 82.
            2. Federal Government bills that the Government designates as urgent 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 in joint session without delay. Insofar as the consent of the Bundesrat is necessary for any such bill to become law, a majority of its votes shall be required. 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 to the promulgation of such laws mutatis mutandis.
            Legislative committees

            Article 115e. [Joint Committee]

            Quorum for legislative sessions Emergency provisions

            Article 115f. [Use of Federal Border Police - Extended powers of instruction]

            Emergency provisions
            1. employ the Federal Border Police throughout the federal territory;
            2. issue instructions not only to federal administrative authorities but also to Land governments and, if it deems the matter urgent, to Land authorities, and may delegate this power to members of Land governments designated by it.
            Legislative committees Legislative committees

            Article 115g. [Federal Constitutional Court]

            Neither the constitutional status nor the performance of the constitutional functions of the Federal Constitutional Court or its judges may be impaired. The law governing the Federal Constitutional Court may be amended by a law enacted by the Joint Committee only insofar as the Federal Constitutional Court agrees is necessary to ensure that it can continue to perform its functions. Pending the enactment of such a law, the Federal Constitutional Court may take such measures as are necessary to this end. Determinations by the Federal Constitutional Court pursuant to the second and third sentences of this Article shall be made by a majority of the judges present.

            Article 115h. [Expiry of electoral terms and terms of office]

            Subsidiary unit government , Emergency provisions Legislative committees Emergency provisions Subsidiary unit government

            Article 115i. [Powers of the Land governments]

            1. If the competent federal bodies are incapable of taking the measures necessary to avert the danger, and if the situation imperatively calls for immediate independent action in particular areas of the federal territory, the Land governments or the authorities or representatives they designate shall be authorised, within their respective spheres of competence, to take the measures provided for in paragraph (1) of Article 115f.
            2. Any measures taken in accordance with paragraph (1) of this Article may be rescinded at any time by the Federal Government, or, with respect to Land authorities and subordinate federal authorities, by Minister-Presidents of the Länder.

            Article 115k. [Rank and duration of emergency provisions]

              Laws enacted in accordance with Articles 115c, 115e and 115g, as well as statutory instruments issued on the basis of such laws, shall suspend the operation of incompatible law so long as they are in effect. This provision shall not apply to earlier law enacted pursuant to Articles 115c, 115e or 115g.
            Legislative committees Emergency provisions

            Article 115l. [Repeal of emergency measures - Conclusion of peace]

            Legislative committees Transitional provisions

            XI. Transitional and Concluding Provisions

            Reference to country's history , Requirements for birthright citizenship

            Article 116. [Definition of "German" - Restoration of citizenship]

            1. Unless otherwise provided by a law, a German within the meaning of this Basic Law is a person who possesses German citizenship or who has been admitted to the territory of the German Reich within the boundaries of 31 December 1937 as a refugee or expellee of German ethnic origin or as the spouse or descendant of such person.
            2. Former German citizens who between 30 January 1933 and 8 May 1945 were deprived of their citizenship on political, racial or religious grounds, and their descendants, shall on application have their citizenship restored. They shall be deemed never to have been deprived of their citizenship if they have established their domicile in Germany after 8 May 1945 and have not expressed a contrary intention.

            Article 117. [Suspended entry into force of two basic rights]

            1. Law which is inconsistent with paragraph (2) of Article 3 of this Basic Law shall remain in force until adapted to that provision, but not beyond 31 March 1953.
            2. Laws that restrict freedom of movement in view of the present housing shortage shall remain in force until repealed by a federal law.

            Article 118. [New delimitation of Baden and Württemberg]

            The division of the territory comprising Baden, Württemberg-Baden and Württemberg-Hohenzollern into Länder may be revised, without regard to the provisions of Article 29, by agreement between the Länder concerned. If no agreement is reached, the revision shall be effected by a federal law, which shall provide for an advisory referendum.

            Article 118a. [New delimitation of Berlin and Brandenburg]

            The division of the territory comprising Berlin and Brandenburg into Länder may be revised, without regard to the provisions of Article 29, by agreement between the two Länder with the participation of their inhabitants who are entitled to vote.

            Head of government decree power

            Article 119. [Refugees and expellees]

            In matters relating to refugees and expellees, especially as regards their distribution among the Länder, the Federal Government, with the consent of the Bundesrat, may issue statutory instruments having the force of law, pending settlement of the matter by a federal law. In this connection the Federal Government may be authorised to issue individual instructions in particular cases. Unless time is of the essence, such instructions shall be addressed to the highest Land authorities.

            Article 120. [Occupation costs - Burdens resulting from the war]

            State support for the unemployed

            Article 120a. [Equalisation of burdens]

            1. Laws implementing the equalisation of burdens may, with the consent of the Bundesrat, provide that with respect to equalisation payments they shall be executed partly by the Federation and partly by the Länder acting on federal commission, and that the relevant powers vested in the Federal Government and the competent highest federal authorities by virtue of Article 85 shall be wholly or partly delegated to the Federal Equalisation of Burdens Office. In exercising these powers, the Federal Equalisation of Burdens Office shall not require the consent of the Bundesrat; except in urgent cases, its instructions shall be given to the highest Land authorities (Land Equalisation of Burdens Offices).
            2. The second sentence of paragraph (3) of Article 87 shall not be affected by this provision.
            Size of first chamber

            Article 121. [Definition of "majority of the members"]

            Within the meaning of this Basic Law, a majority of the Members of the Bundestag and a majority of the members of the Federal Convention shall be a majority of the number of their members specified by a law.

            Article 122. [Date of transmission of legislative powers]

            1. From the date on which the Bundestag first convenes, laws shall be enacted only by the legislative bodies recognised by this Basic Law.
            2. Legislative bodies and institutions participating in the legislative process in an advisory capacity whose competence expires by virtue of paragraph (1) of this Article shall be dissolved as of that date.

            Article 123. [Continued applicability of pre-existing law]

              Law in force before the Bundestag first convenes shall remain in force insofar as it does not conflict with this Basic Law.
            Treaty ratification , Reference to country's history , International law

            Article 124. [Continued applicability of law within the scope of exclusive legislative power]

            Law regarding matters subject to the exclusive legislative power of the Federation shall become federal law in the area in which it applies.

            Article 125. [Continued applicability of law within the scope of concurrent legislative power]

            Law regarding matters subject to the concurrent legislative power of the Federation shall become federal law in the area in which it applies:

              insofar as it applies uniformly within one or more occupation zones;
            Reference to country's history

            Article 125a. [Continued applicability of federal law - Replacement by Land law]

            1. Law that was enacted as federal law but that by virtue of the amendment of paragraph (1) of Article 74, the insertion of the seventh sentence of paragraph (1) of Article 84, the second sentence of paragraph (1) of Article 85 or of the second sentence of paragraph (2a) of Article 105, or because of the repeal of Articles 74a, 75 or the second sentence of paragraph (3) of Article 98 could no longer be enacted as federal law, shall remain in force as federal law. It may be superseded by Land law.
            2. Law that was enacted pursuant to paragraph (2) of Article 72 as it stood up to 15 November 1994 but which, because of the amendment of paragraph (2) of Article 72, could no longer be enacted as federal law shall remain in force as federal law. A federal law may provide that it may be superseded by Land law.
            3. Law that has been enacted as Land law but which, because of the amendment of Article 73, could not be enacted any longer as Land law shall continue in force as Land law. It may be superseded by federal law.

            Article 125b. [Continued applicability of framework laws - Deviation power of the Länder]

            1. Law that was enacted pursuant to Article 75 as it stood up to 1 September 2006, and which could be enacted as federal law even after this date, shall remain in force as federal law. The powers and duties of the Länder to legislate shall in this regard remain unaffected. In the areas referred to in the first sentence of paragraph (3) of Article 72 the Länder may enact regulations that deviate from this law; however, in those areas covered by clauses 2, 5 and 6 of the first sentence of Article 72 the Länder may do so only if and insofar as the Federation has made use of its power to legislate after 1 September 2006, in those areas covered by clauses 2 and 5 beginning at the latest on 1 January 2010, in cases under clause 6 beginning at the latest on 1 August 2008.
            2. The Länder may enact regulations deviating from federal regulations enacted pursuant to paragraph (1) of Article 84 as it stood up to 1 September 2006; up to 31 December 2008, however, they may deviate from regulations on administrative procedure only if, after 1 September 2006, regulations on administrative procedure in the relevant federal law have been amended.

            Article 125c. [Continued applicability of law within the scope of joint tasks]

              Law that was enacted by virtue of paragraph (2) of Article 91a in conjunction with clause 1 of paragraph (1) as it stood up to 1 September 2006 shall continue in force until 31 December 2006.
            Right to shelter

            Article 126. [Determination about continued applicability of law as federal law]

            Disagreements concerning the continued applicability of law as federal law shall be resolved by the Federal Constitutional Court.

            Article 127. [Extension of law to the French zone and to Berlin]

            Within one year after promulgation of this Basic Law the Federal Government, with the consent of the governments of the Länder concerned, may extend to the Länder of Baden, Greater Berlin, Rhineland-Palatinate and Württemberg-Hohenzollern any law of the Administration of the Combined Economic Area, insofar as it remains in force as federal law under Article 124 or 125.

            Article 128. [Continued authority to issue instructions]

            Insofar as law that remains in force grants authority to issue instructions within the meaning of paragraph (5) of Article 84, this authority shall remain in existence until a law otherwise provides.

            Article 129. [Continued authority to issue legal acts]

            1. Insofar as legal provisions that remain in force as federal law grant authority to issue statutory instruments or general administrative rules or to make administrative decisions in individual cases, such powers shall pass to the authorities that henceforth have competence over the subject matter. In cases of doubt the Federal Government shall decide in agreement with the Bundesrat; such decisions shall be published.
            2. Insofar as legal provisions that remain in force as Land law grant such authority, it shall be exercised by the authorities competent under Land law.
            3. Insofar as legal provisions within the meaning of paragraphs (1) and (2) of this Article grant authority to amend or supplement the provisions themselves or to issue legal provisions that have the force of laws, such authority shall be deemed to have expired.
            4. The provisions of paragraphs (1) and (2) of this Article shall apply mutatis mutandis to legal provisions that refer to provisions no longer in force or to institutions no longer in existence.

            Article 130. [Transfer of existing administrative institutions]

            Telecommunications Powers of cabinet

            Article 131. [Persons formerly in the public service]

            The legal relations of persons, including refugees and expellees, who on 8 May 1945 were employed in the public service, have left the service for reasons other than those recognised by civil service regulations or collective bargaining agreements, and have not yet been reinstated or are employed in positions that do not correspond to those they previously held, shall be regulated by a federal law. The same shall apply mutatis mutandis to persons, including refugees and expellees, who on 8 May 1945 were entitled to pensions and related benefits and who for reasons other than those recognised by civil service regulations or collective bargaining agreements no longer receive any such pension or related benefits. Until the pertinent federal law takes effect, no legal claims may be made, unless Land law otherwise provides.

            Article 132. [Retirement of civil servants]

            1. Civil servants and judges who enjoy life tenure when this Basic Law takes effect may, within six months after the Bundestag first convenes, be retired, suspended, or transferred to lower-salaried positions if they lack the personal or professional aptitude for their present positions. This provision shall apply mutatis mutandis to salaried public employees, other than civil servants or judges, whose employment cannot be terminated at will. In the case of salaried employees whose employment may be terminated at will, notice periods longer than those set by collective bargaining agreements may be rescinded within the same period.
            2. The preceding provision shall not apply to members of the public service who are unaffected by the provisions regarding "Liberation from National Socialism and Militarism" or who are recognised victims of National Socialism, absent important personal grounds.
            3. Persons affected may have recourse to the courts in accordance with paragraph (4) of Article 19.
            Head of government decree power

            Article 133. [Succession to the Administration of the Combined Economic Area]

            The Federation shall succeed to the rights and duties of the Administration of the Combined Economic Area.

            Reference to country's history

            Article 134. [Succession to Reich assets]

            1. Reich assets shall, in principle, become federal assets.
            2. Insofar as such assets were originally intended to be used principally for administrative tasks not entrusted to the Federation under this Basic Law, they shall be transferred without compensation to the authorities now entrusted with such tasks and to the extent that such assets are now being used, not merely temporarily, for administrative tasks that under this Basic Law are now performed by the Länder, they shall be transferred to the Länder. The Federation may also transfer other assets to the Länder.
            3. Assets that were placed at the disposal of the Reich without compensation by Länder or municipalities (associations of municipalities) shall revert to those Länder or municipalities (associations of municipalities) insofar as the Federation does not require them for its own administrative purposes.
            4. Details shall be regulated by a federal law requiring the consent of the Bundesrat.

            Article 135. [Assets in case of territorial changes between the Länder]

            1. If after 8 May 1945 and before the effective date of this Basic Law an area has passed from one Land to another, the Land to which the area now belongs shall be entitled to the assets of the Land to which it previously belonged that are located in that area.
            2. The assets of Länder or other public-law corporations or institutions that no longer exist, insofar as they were originally intended to be used principally for administrative tasks or are now being so used, not merely temporarily, shall pass to the Land, corporation or institution that now performs those tasks.
            3. Real property of Länder that no longer exist, including appurtenances, shall pass to the Land within which it is located, insofar as it is not among the assets already referred to in paragraph (1) of this Article.
            4. Insofar as an overriding interest of the Federation or the particular interest of a region requires, a federal law may depart from the rules prescribed by paragraphs (1) to (3) of this Article.
            5. In all other respects, the succession to and disposition of assets, insofar as it has not been effected before 1 January 1952 by agreement between the affected Länder or corporations or institutions established under public law, shall be regulated by a federal law requiring the consent of the Bundesrat.
            6. Holdings of the former Land of Prussia in enterprises established under private law shall pass to the Federation. Details shall be regulated by a federal law, which may also depart from this provision.
            7. Insofar as assets that on the effective date of this Basic Law would devolve upon a Land or a corporation or institution established under public law pursuant to paragraphs (1) to (3) of this Article have been disposed of by or pursuant to a Land law or in any other manner by the party thus entitled, the transfer of assets shall be deemed to have taken place before such disposition.

            Article 135a. [Old debts]

              Federal legislation enacted pursuant to paragraph (4) of Article 134 or paragraph (5) of Article 135 may also provide that the following debts shall not be discharged, or that they shall be discharged only in part:
              Reference to country's history Reference to country's history , Emergency provisions

              Article 136. [First convening of the Bundesrat]

              1. The Bundesrat shall convene for the first time on the day the Bundestag first convenes.
              2. Until the election of the first Federal President, his powers shall be exercised by the President of the Bundesrat. He shall not have authority to dissolve the Bundestag.

              Article 137. [Right of state employees to stand for election]

              Restrictions on the armed forces

              Article 138. [South German notaries]

              Changes in the rules governing the notarial profession as it now exists in the Länder of Baden, Bavaria, Württemberg-Baden and Württemberg-Hohenzollern shall require the consent of the governments of these Länder.

              Article 139. [Continued applicability of denazification provisions]

              The legal provisions enacted for the "Liberation of the German People from National Socialism and Militarism" shall not be affected by the provisions of this Basic Law.

              Article 140. [Law of religious denominations]

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

              Article 141. ["Bremen Clause"]

              The first sentence of paragraph (3) of Article 7 shall not apply in any Land in which Land law otherwise provided on 1 January 1949.

              Article 142. [Reservation in favour of basic rights in Land constitutions]

              Notwithstanding Article 31, provisions of Land constitutions shall also remain in force insofar as they guarantee basic rights in conformity with Articles 1 to 18 of this Basic Law.

              Article 142a

              International law , Treaty ratification

              Article 143. [Duration of deviations from the Basic Law]

              1. The law in the territory specified in Article 3 of the Unification Treaty may deviate from provisions of this Basic Law for a period extending no later than 31 December 1992 insofar and so long as disparate circumstances make full compliance impossible. Deviations may not violate paragraph (2) of Article 19 and must be compatible with the principles specified in paragraph (3) of Article 79.
              2. Deviations from Titles II, VIII, VIIIa, IX, X and XI shall be permissible for a period extending no later than 31 December 1995.
              3. Independently of paragraphs (1) and (2) of this Article, Article 41 of the Unification Treaty and the rules for its implementation shall also remain in effect insofar as they provide for the irreversibility of acts interfering with property rights in the territory specified in Article 3 of this Treaty.

              Article 143a. [Exclusive legislative power concerning federal railways]

              1. The Federation shall have exclusive power to legislate with respect to all matters arising from the transformation of federal railways administered by the Federation into business enterprises. Paragraph (5) of Article 87e shall apply mutatis mutandis. Civil servants employed by federal railways may be assigned by a law to render services to federal railways established under private law without prejudice to their legal status or the responsibility of their employer.
              2. Laws enacted pursuant to paragraph (1) of this Article shall be executed by the Federation.
              3. The Federation shall continue to be responsible for local passenger services of the former federal railways until 31 December 1995. The same shall apply to the corresponding functions of rail transport administration. Details shall be regulated by a federal law requiring the consent of the Bundesrat.

              Article 143b. [Privatisation of the Deutsche Bundespost]

                The special trust Deutsche Bundespost shall be transformed into enterprises under private law in accordance with a federal law. The Federation shall have exclusive power to legislate with respect to all matters arising from this transformation.
              Telecommunications

              Article 143c. [Compensation for the cessation of joint tasks]

              Right to shelter
              1. fixed annual payments the amounts of which shall be determined according to the average share of each Land during the period 2000 to 2003;
              2. payments earmarked for the functional area of the former joint financing.
              Emergency provisions , Balanced budget , Budget bills

              Article 143d. [Transitional provisions relating to consolidation assistance]

              1. Articles 109 and 115 in the version in force until 31 July 2009 shall apply for the last time to the 2010 budget. Articles 109 and 115 in the version in force as from 1 August 2009 shall apply for the first time to the 2011 budget; debit authorisations existing on 31 December 2010 for special trusts already established shall remain untouched. In the period from 1 January 2011 to 31 December 2019, the Länder may, in accordance with their applicable legal regulations, deviate from the provisions of paragraph (3) of Article 109. The budgets of the Länder are to be planned in such a way that the 2020 budget fullfils the requirements of the fifth sentence of paragraph (3) of Article 109. In the period from 1 January 2011 to 31 December 2015, the Federation may deviate from the provisions of the second sentence of paragraph (2) of Article 115. The reduction of the existing deficits should begin with the 2011 budget. The annual budgets are to be planned in such a way that the 2016 budget satisfies the requirement of the second sentence of paragraph (2) of Article 115; details shall be regulated by federal law.
              2. As assistance for compliance with the provisions of paragraph (3) of Article 109 after 1 January 2020, the Länder of Berlin, Bremen, Saarland, Saxony-Anhalt, and Schleswig-Holstein may receive, for the period 2011 to 2019, consolidation assistance from the federal budget in the global amount of 800 million euros annually. The respective amounts are 300 million euros for Bremen, 260 million euros for Saarland, and 80 million euros each for Berlin, Saxony-Anhalt, and Schleswig-Holstein. The assistance payments shall be allocated on the basis of an administrative agreement under the terms of a federal law requiring the consent of the Bundesrat. These grants require a complete reduction of financial deficits by the end of 2020. The details, especially the annual steps to be taken to reduce financial deficits, the supervision of the reduction of financial deficits by the Stability Council, along with the consequences entailed in case of failure to carry out the step-by-step reduction, shall be regulated by a federal law requiring the consent of the Bundesrat and by an administrative agreement. There shall be no simultaneous granting of consolidation assistance and redevelopment assistance on the grounds of an extreme budgetary emergency.
              3. The financial burden resulting from the granting of the consolidation assistance shall be borne equally by the Federation and the Länder, to be financed from their share of the value-added tax. Details shall be regulated by a federal law requiring the consent of the Bundesrat.

              Article 144. [Ratification of the Basic Law - Berlin]

              1. This Basic Law shall require ratification by the parliaments of two thirds of the German Länder in which it is initially 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 thereof, such Land or part thereof shall have the right to send representatives to the Bundestag in accordance with Article 38 and to the Bundesrat in accordance with Article 50.

              Article 145. [Entry into force of the Basic Law]

              1. The Parliamentary Council, with the participation of the members for Greater Berlin, shall confirm the ratification of this Basic Law in public session and shall certify and promulgate it.
              2. This Basic Law shall take effect at the end of the day on which it is promulgated.
              3. It shall be published in the Federal Law Gazette.

              Article 146. [Duration of the Basic Law]

              This Basic Law, which since the achievement of the unity and freedom of Germany applies to the entire German people, shall cease to apply on the day on which a constitution freely adopted by the German people takes effect.