Article 83 General Principle
The States execute federal statutes as matters of their own concern insofar as this Constitution does not otherwise provide or permit.
Article 84 State Execution With Federal Supervision
(1) Where the States execute federal statutes as matters of their own concern, they provide for the establishment of authorities and the regulation of administrative procedures. If federal statutes provide something else, the States may adopt divergent regulation. If a State has adopted divergent regulation according to Sentence 2, federal regulation adopted later regarding the establishment of authorities and the regulation of administrative procedures will enter into force no earlier then six months after promulgation, provided nothing else is prescribed with approval by the Senate . Article 72 III 3 is applicable. In exceptional cases, the Federation may, because of particular need for federal uniformity, adopt regulation without the States power to deviate. These statutes require approval by the Senate . Federal statutes may not delegate powers to communes or associations of communes.
(2) The Government may, with the consent of the Senate issue general administrative rules.
(3) The Government exercises supervision to ensure that the States execute the federal statutes in accordance with applicable law. For this purpose the Government may send commissioners to the highest State authorities and, with their consent or, where such consent is refused, with the consent of the Senate , also to subordinate authorities.
(4) Should any shortcomings which the Government has found to exist in the execution of federal statutes in the States not be corrected, the Senate decides, at the request of the Government or the State concerned, whether such State has violated the law. The decision of the Senate [Bundesrat] may be challenged in the Federal Constitutional Court.
(5) With a view to the execution of federal statutes, the Government may be authorized by a federal statute requiring the consent of the Senate to issue individual instructions for particular cases. They are addressed to the highest State authorities unless the Government considers the matter urgent.
Article 85 State Execution as Federal Agency
(1) Where the States execute federal statutes as agents of the Federation, the establishment of the requisite authorities remains the concern of the States, except insofar as federal statutes consented to by the Senate otherwise provide. Federal statutes may not delegate powers to communes or associations of communes.
(2) The Government may, with the consent of the Senate , issue general administrative rules. It may regulate the uniform training of civil servants and other salaried public employees. The heads of authorities at the intermediate level are appointed with its agreement.
(3) The State authorities are subject to the instructions of the competent highest federal authorities. Such instructions are addressed to the highest State authorities unless the Government considers the matter urgent. Execution of the instructions is ensured by the highest State authorities.
(4) Federal supervision covers the lawfulness and appropriateness of execution. The Government may, for this purpose, require the submission of reports and documents and send commissioners to all authorities.
Article 86 [Direct Federal Administration]
Where the Federation executes statutes by means of direct federal administration or by federal corporate bodies or institutions under public law, the Government issues, insofar as the statute concerned contains no special provision, pertinent general administrative rules. The Government provides for the establishment of the requisite authorities insofar as the statute concerned does not otherwise provide.
Article 87 [Matters for Direct Federal Administration]
(1) The foreign service, the federal finance administration and, in accordance with the provisions of Article 89, the administration of federal waterways and of shipping is conducted as matters of direct federal administration with their own administrative substructures. Federal legislation may be enacted to establish Federal Border Guard authorities and central offices for police information and communications, for the criminal police and for the compilation of data for the purposes of protection of the constitution and of protection against activities on federal territory which, through the use of force or acts preparatory to the use of force, endanger the foreign interests of the Federal Republic of Germany.
(2) Social insurance institutions whose sphere of competence extends beyond the territory of one State are administered as direct federal corporate bodies under public law. Social insurance institutions whose sphere of competence extends beyond the territory of one State , but not beyond that of more than three States , are administered, differing from the first sentence, as direct State corporate bodies under public law if the supervising State is determined by the States involved.
(3) In addition, independent federal higher authorities as well as new federal corporate bodies and institutions under public law may be established by federal legislation for matters on which the Federation has the power to legislate. Where new functions arise for the Federation in matters on which it has the power to legislate, federal authorities at the intermediate and lower levels may be established, in case of urgent need, with the consent of the Senate and of the majority of the members of the House of Representatives .
Article 87 A Establishment of Armed Forces
(1) The Federation establishes Armed Forces for defense purposes. Their numerical strength and general organizational structure must be shown in the budget.
(2) Apart from defense, the Armed Forces may only be used insofar as explicitly permitted by this Constitution.
(3) While a state of defense or a state of tension exists, the Armed Forces have the power to protect civilian property and discharge functions of traffic control insofar as this is necessary for the performance of their defense mission. Moreover, the Armed Forces may, when a state of defense or a state of tension exists, be entrusted with the protection of civilian property also in support of police measures; in this event the Armed Forces cooperate with the competent authorities.
(4) In order to avert any imminent danger to the existence or to the free democratic basic order of the Federation or a State , the Government may, should conditions as envisaged in Article 91 II obtain and the police forces and the Federal Border Guard be inadequate, use the Armed Forces to support the police and the Federal Border Guard in the protection of civilian property and in combatting organized and militarily armed insurgents. Any such use of the Armed Forces has to stop whenever the House of Representatives or the Senate so demands.
Article 87 B Administration of Armed Forces
(1) The Federal Armed Forces Administration is conducted as a direct federal administration with its own administrative substructure. Its function are to administer personnel matters and directly to meet the material requirements of the Armed Forces. Tasks connected with benefits to disabled persons or with construction work are not assigned to the Federal Armed Forces Administration except by federal legislation requiring the consent of the Senate Such consent is also required for any statutes to the extent that they empower the Federal Armed Forces Administration to interfere with rights of third parties; this does not apply, however, in the case of statutes concerning personnel matters.
(2) Moreover, federal statutes concerning defense, including recruitment for military service and protection of the civilian population, may, with the consent of the Senate , provide that they are executed, wholly or in part, either by means of direct federal administration having its own administrative substructure or by the States acting as agents of the Federation. Where such statutes are executed by the States acting as agents of the Federation, they may, with the consent of the Senate , provide that the powers vested in the Government or appropriate highest federal authorities by virtue of Article 85 are transferred wholly or in part to higher federal authorities; in such an event it may be enacted that these authorities do not require the consent of the Senate in issuing general administrative rules as referred to in Article 85 II
Article 87 C Nuclear Energy
Statutes enacted under Article 73 I No. 14 may, with the consent of the Senate , provide that they are executed by the States acting as agents of the Federation.
Article 87 D Aviation
(1) Aviation administration is conducted as federal administration. Tasks of air-traffic control can also be conducted by foreign air-traffic control organizations accredited under the law of the European Community. Details are regulated by a federal statute.
(2) Through federal legislation requiring the consent of the Senate , functions of aviation administration may be transferred to the States acting as agents of the Federation.
Article 87 E Railroads
(1) The administration for traffic of railroads of the Federation is conducted as a direct federal administration. By federal statute, tasks of the administration for traffic of railroads can be delegated to the States as their own tasks.
(2) The Federation undertakes the tasks to administer traffic of railroads of the Federation as are assigned to it by federal statute.
(3) Railroads of the Federation are managed in the form of private law businesses. They are owned by the Federation as far as the activities of the business encompass construction, maintenance, or operation of railways. The sale of shares of the Federation in the businesses mentioned in the second sentence is regulated on the basis of a statute; the Federation retains a majority of shares in those businesses. Details are regulated by federal statute.
(4) The Federation guarantees that the public weal, particularly the interest in traffic, in the development and preservation of the railway network of railways of the Federation as far as it is used for local railway transport of persons is considered. Details are regulated by federal statute.
(5) Statutes based on Paragraphs I to IV need the consent of the Senate . Furthermore, the consent of the Senate is necessary for statutes that dissolve, merge, or split railroads of the Federation, convey railways of railroads of the Federation to third parties as well as discontinue railways of railroads of the Federation, or affect the local railway transport of persons.
Article 87 F Mail, Telecommunication
(1) Regulated by a federal statute requiring the consent of the Senate , the Federation guarantees a comprehensive and adequate coverage with mail services and telecommunication.
(2) Services in the sense of Paragraph I are organized as private law activities by those businesses originating in the special property Deutsche Bundespost. Sovereign tasks in the area of mail and telecommunication are organized as direct federal administration.
(3) Notwithstanding Paragraph II 2, the Federation, in the public law form of a direct federal agency, discharges certain duties regarding businesses originating in the special property Deutsche Bundespost, as are assigned to it by federal statutes.
Article 88 Federal Bank
The Federation establishes a noteissuing and currency bank as the Federal Bank . Its tasks and powers can, in the context of the European Union, be transferred to the European Central Bank which is independent and primarily bound by the purpose of securing stability of prices.
Article 89 Federal Waterways
(1) The Federation is the owner of the former Reich waterways.
(2) The Federation administers the federal waterways through its own authorities. It exercises those governmental functions relating to inland shipping which extend beyond the territory of one State , and those governmental functions relating to maritime shipping which are conferred on it by statute. Upon request, the Federation may transfer the administration of federal waterways, insofar as they lie within the territory of one State , to that State as its agent. Where a waterway touches the territories of several States , the Federation may delegate one State to be its agent where so requested by the States concerned.
(3) In the administration, development, and new construction of waterways, the needs of land improvement and of water economy are safeguarded in agreement with the States .
Article 90 Federal Highways
(1) The Federation is the owner of the former Reich streets and Reich highways.
(2) The States , or such self-governing corporate bodies as are competent under State law, administer as agents of the Federation the federal streets and other federal highways used for long-distance traffic.
(3) At the request of a State , the Federation may place federal streets and other federal highways used for longdistance traffic under direct federal administration insofar as they lie within the territory of that State .
Article 91 Internal Emergency
(1) In order to avert any imminent danger to the existence or to the tree democratic basic order of the Federation or a State, a State may request the services of the police forces of other States , or of the forces and facilities of other administrative authorities and of the Federal Border Guard.
(2) If the State where such danger is imminent is not itself willing or able to combat the danger, the Government may place the police in that State and the police forces of other States under its own instructions and use units of the Federal Border Guard. The order for this has to be revoked after the removal of the danger or else at any time at the demand of the Senate . Where the danger extends to a region larger than a State , the Government may, insofar as is necessary for effectively combatting such danger, issue instructions to the State governments; the first and second sentences of this paragraph are not affected by this provision.