Basic Law for the Federal Republic of Germany
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Übersetzung durch: Professor Christian Tomuschat und Professor David P. Currie
Übersetzung überarbeitet durch: Professor Christian Tomuschat und Professor Donald P. Kommers in Kooperation mit dem Sprachendienst des Deutschen Bundestages
Translated by: Professor Christian Tomuschat and Professor David P. Currie
Translation revised by: Professor Christian Tomuschat and Professor Donald P. Kommers in
cooperation with the Language Service of the German Bundestag
© 2010 juris GmbH, Saarbrücken
| I. Basic Rights | |
| Article 1 | Human dignity - Human rights - Legally binding force of basic rights |
| Article 2 | Personal freedoms |
| Article 3 | Equality before the law |
| Article 4 | Freedom of faith and conscience |
| Article 5 | Freedom of expression, arts and sciences |
| Article 6 | Marriage - Family - Children |
| Article 7 | School system |
| Article 8 | Freedom of assembly |
| Article 9 | Freedom of association |
| Article 10 | Privacy of correspondence, posts and telecommunications |
| Article 11 | Freedom of movement |
| Article 12 | Occupational freedom |
| Article 12a | Compulsory military and alternative civilian service |
| Article 13 | Inviolability of the home |
| Article 14 | Property - Inheritance - Expropriation |
| Article 15 | Socialisation |
| Article 16 | Citizenship - Extradition |
| Article 16a | Right of asylum |
| Article 17 | Right of petition |
| Article 17a | Restriction of basic rights in specific instances |
| Article 18 | Forfeiture of basic rights |
| Article 19 | Restriction of basic rights - Legal remedies |
| II. The Federation and the Länder | |
| Article 20 | Constitutional principles - Right of resistance |
| Article 20a | Protection of the natural foundations of life and animals |
| Article 21 | Political parties |
| Article 22 | Federal capital - Federal flag |
| Article 23 | European Union - Protection of basic rights - Principle of subsidiarity |
| Article 24 | Transfer of sovereign powers - System of collective security |
| Article 25 | Primacy of international law |
| Article 26 | Securing international peace |
| Article 27 | Merchant fleet |
| Article 28 | Land constitutions - Autonomy of municipalities |
| Article 29 | New delimitation of the federal territory |
| Article 30 | Sovereign powers of the Länder |
| Article 31 | Supremacy of federal law |
| Article 32 | Foreign relations |
| Article 33 | Equal citizenship - Public service |
| Article 34 | Liability for violation of official duty |
| Article 35 | Legal and administrative assistance and assistance during disasters |
| Article 36 | Personnel of federal authorities |
| Article 37 | Federal execution |
| III. The Bundestag | |
| Article 38 | Elections |
| Article 39 | Electoral term - Convening |
| Article 40 | Presidency - Rules of procedure |
| Article 41 | Scrutiny of elections |
| Article 42 | Public sittings - Majority decisions |
| Article 43 | Right to require presence, right of access and right to be heard |
| Article 44 | Committees of inquiry |
| Article 45 | Committee on the European Union |
| Article 45a | Committees on Foreign Affairs and Defence |
| Article 45b | Parliamentary Commissioner for the Armed Forces |
| Article 45c | Petitions Committee |
| Article 45d | Parliamentary Control Panel |
| Article 46 | Immunities of Members |
| Article 47 | Right of refusal to give evidence |
| Article 48 | Candidature - Protection of membership - Remuneration |
| Article 49 | (repealed) |
| IV. The Bundesrat | |
| Article 50 | Functions |
| Article 51 | Composition - Weighted voting |
| Article 52 | President - Decisions - Rules of procedure |
| Article 53 | Attendance of members of the Federal Government |
| IVa. The Joint Committee | |
| Article 53a | Composition - Rules of procedure |
| V. The Federal President | |
| Article 54 | Election - Term of office |
| Article 55 | Incompatibilities |
| Article 56 | Oath of office |
| Article 57 | Substitution |
| Article 58 | Countersignature |
| Article 59 | Representation of the Federation for the purposes of international law |
| Article 59a | (repealed) |
| Article 60 | Appointment of civil servants - Pardon - Immunity |
| Article 61 | Impeachment before the Federal Constitutional Court |
| VI. The Federal Government | |
| Article 62 | Composition |
| Article 63 | Election of the Federal Chancellor |
| Article 64 | Appointment and dismissal of Federal Ministers - Oath of office |
| Article 65 | Power to determine policy guidelines - Department and collegiate responsibility |
| Article 65a | Command of the Armed Forces |
| Article 66 | Incompatibilities |
| Article 67 | Vote of no confidence |
| Article 68 | Vote of confidence |
| Article 69 | Deputy Federal Chancellor - Term of office |
| VII. Federal Legislation and Legislative Procedures | |
| Article 70 | Division of powers between the Federation and the Länder |
| Article 71 | Exclusive legislative power of the Federation |
| Article 72 | Concurrent legislative powers |
| Article 73 | Matters under exclusive legislative power of the Federation |
| Article 74 | Matters under concurrent legislative powers |
| Article 74a | (repealed) |
| Article 75 | (repealed) |
| Article 76 | Bills |
| Article 77 | Legislative procedure - Mediation Committee |
| Article 78 | Passage of federal laws |
| Article 79 | Amendment of the Basic Law |
| Article 80 | Issuance of statutory instruments |
| Article 80a | State of tension |
| Article 81 | Legislative emergency |
| Article 82 | Certification - Promulgation - Entry into force |
| VIII. The Execution of Federal Laws and the Federal Administration | |
| Article 83 | Execution by the Länder |
| Article 84 | Länder administration - Federal oversight |
| Article 85 | Execution by the Länder on federal commission |
| Article 86 | Federal administration |
| Article 87 | Matters |
| Article 87a | Armed Forces |
| Article 87b | Federal Defence Administration |
| Article 87c | Production and utilisation of nuclear energy |
| Article 87d | Air transport administration |
| Article 87e | Rail transport administration |
| Article 87f | Posts and telecommunications |
| Article 88 | The Federal Bank - The European Central Bank |
| Article 89 | Federal waterways - Administration of waterways |
| Article 90 | Federal highways |
| Article 91 | Internal emergency |
| VIIIa. Joint Tasks | |
| Article 91a | Joint tasks - Responsibility for expenditure |
| Article 91b | Education programmes and promotion of research |
| Article 91c | Information technology systems |
| Article 91d | Comparison of performance |
| IX. The Judiciary | |
| Article 92 | Court organisation |
| Article 93 | Jurisdiction of the Federal Constitutional Court |
| Article 94 | Composition of the Federal Constitutional Court |
| Article 95 | Supreme federal courts |
| Article 96 | Other federal courts |
| Article 97 | Judicial independence |
| Article 98 | Legal status of judges - Impeachment |
| Article 99 | Constitutional disputes within a Land |
| Article 100 | Concrete judicial review |
| Article 101 | Ban on extraordinary courts |
| Article 102 | Abolition of capital punishment |
| Article 103 | Fair trial |
| Article 104 | Deprivation of liberty |
| X. Finance | |
| Article 104a | Apportionment of expenditures - Financial system - Liability |
| Article 104b | Financial assistance for investments |
| Article 105 | Distribution of powers regarding tax laws |
| Article 106 | Apportionment of tax revenue and yield of fiscal monopolies |
| Article 106a | Federal grants for local mass transit |
| Article 106b | Länder share of motor vehicle tax |
| Article 107 | Distribution of tax revenue - Financial equalisation among the Länder - Supplementary grants |
| Article 108 | Financial administration of the Federation and the Länder - Financial courts |
| Article 109 | Budget management in the Federation and the Länder |
| Article 109a | Budgetary emergencies |
| Article 110 | Federal budget |
| Article 111 | Interim budget management |
| Article 112 | Extrabudgetary expenditures |
| Article 113 | Increase of expenditures |
| Article 114 | Submission and auditing of accounts |
| Article 115 | Limits of borrowing |
| Xa. State of Defence | |
| Article 115a | Declaration of state of defence |
| Article 115b | Power of command of the Federal Chancellor |
| Article 115c | Extension of the legislative powers of the Federation |
| Article 115d | Urgent bills |
| Article 115e | Joint Committee |
| Article 115f | Use of Federal Border Police - Extended powers of instruction |
| Article 115g | Federal Constitutional Court |
| Article 115h | Expiry of electoral terms and terms of office |
| Article 115i | Powers of the Land governments |
| Article 115k | Rank and duration of emergency provisions |
| Article 115l | Repeal of emergency measures - Conclusion of peace |
| XI. Transitional and Concluding Provisions | |
| Article 116 | Definition of “German” - Restoration of citizenship |
| Article 117 | Suspended entry into force of two basic rights |
| Article 118 | New delimitation of Baden and Württemberg |
| Article 118a | New delimitation of Berlin and Brandenburg |
| Article 119 | Refugees and expellees |
| Article 120 | Occupation costs - Burdens resulting from the war |
| Article 120a | Equalisation of burdens |
| Article 121 | Definition of “majority of the members” |
| Article 122 | Date of transmission of legislative powers |
| Article 123 | Continued applicability of pre-existing law |
| Article 124 | Continued applicability of law within the scope of exclusive legislative power |
| Article 125 | Continued applicability of law within the scope of concurrent legislative power |
| Article 125a | Continued applicability of federal law - Replacement by Land law |
| Article 125b | Continued applicability of framework laws - Deviation power of the Länder |
| Article 125c | Continued applicability of law within the scope of joint tasks |
| Article 126 | Determination about continued applicability of law as federal law |
| Article 127 | Extension of law to the French zone and to Berlin |
| Article 128 | Continued authority to issue instructions |
| Article 129 | Continued authority to issue legal acts |
| Article 130 | Transfer of existing administrative institutions |
| Article 131 | Persons formerly in the public service |
| Article 132 | Retirement of civil servants |
| Article 133 | Succession to the Administration of the Combined Economic Area |
| Article 134 | Succession to Reich assets |
| Article 135 | Assets in case of territorial changes between the Länder |
| Article 135a | Old debts |
| Article 136 | First convening of the Bundesrat |
| Article 137 | Right of state employees to stand for election |
| Article 138 | South German notaries |
| Article 139 | Continued applicability of denazification provisions |
| Article 140 | Law of religious denominations |
| Article 141 | “Bremen Clause” |
| Article 142 | Reservation in favour of basic rights in Land constitutions |
| Article 142a | (repealed) |
| Article 143 | Duration of deviations from the Basic Law |
| Article 143a | Exclusive legislative power concerning federal railways |
| Article 143b | Privatisation of the Deutsche Bundespost |
| Article 143c | Compensation for the cessation of joint tasks |
| Article 143d | Transitional provisions relating to consolidation assistance |
| Article 144 | Ratification of the Basic Law - Berlin |
| Article 145 | Entry into force of the Basic Law |
| Article 146 | Duration of the Basic Law |
| Appendix Extracts from the German Constitution of 11 August
1919 (Weimar Constitution) Religion and Religious Societies | |
| Article 136 | |
| Article 137 | |
| Article 138 | |
| Article 139 | |
| Article 141 | |
