Article 116 Definition of "a German"
(1) Unless otherwise provided by statute, a German within the meaning of this Constitution is a person who possesses German citizenship or who has been admitted to the territory of the German Reich within the frontiers of 31 December 1937 as a refugee or expellee of German ethnic origin or as the spouse or descendant of such a 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, are re-granted German citizenship on application. They are considered as not having been deprived of their German citizenship where they have established their residence in Germany after 8 May 1945 and have not expressed a contrary intention.
Article 117 Articles 3 II, 11
(1) Law which is inconsistent with Article 3 II remain in force until adapted to that provision of this Constitution, but not beyond 31 March, 1953.
(2) Statutes which restrict the right of freedom of movement in view of the present housing shortage remain in force until repealed by federal legislation.
Article 118 Baden, Wuerttemberg
A new delimination of the territory comprising the States [LÃ¤nder] of Baden, WuerttembergBaden and Wuerttemberg-Hohenzollern may be effected, in derogation of the provisions of Article 29, by agreement between the States [LÃ¤nder] concerned. Where no agreement is reached, the reorganization is effected by federal legislation which provides for a plebiscite.
Article 118 A [Berlin, Brandenburg]
The new delimitation of boundaries between Berlin and Brandenburg can, differing from the provisions of Article 29, be constituted by agreement between both States [LÃ¤nder] under participation of their electorate.
Article 119 Refugees, Expellees
In matters relating to refugees and expellees, in particular as regards their distribution among the States [LÃ¤nder], the Government may, with the consent of the Senate [Bundesrat], issue ordinances having statutory effect, pending the settlement of the matter by federal legislation. The Government may in this matter be authorized to issue individual instructions for particular cases. Except where there is danger resulting in any delay in taking action, such instructions are addressed to the highest State [Land] authorities.
Article 120 Occupation Expenditure
(1) The Federation meets the expenditure for occupation costs and the other internal and external burdens caused by the war, as regulated in detail by federal legislation. To the extent that these costs and other burdens have been regulated by federal legislation on or before 1 Oct. 1969, the Federation and the States [LÃ¤nder] meet such expenditure between them in accordance with such federal legislation. Insofar as expenditures for such of these costs and burdens as neither have been nor will be regulated by federal legislation have been met on or before I October 1965 by States [LÃ¤nder], communes, associations of communes or other entities performing functions of the States [LÃ¤nder] or the communes, the Federation is not obliged to meet expenditure of that nature even where it arises after that date. The Federation pays the subsidies towards the burdens of social insurance institutions, including unemployment insurance and public assistance to the unemployed. The distribution between the Federation and the States [LÃ¤nder] of costs and other burdens caused by the war, as regulated in this paragraph, does not affect any statutory regulation of claims for indemnification in respect of the consequences of the war.
(2) Revenues pass to the Federation at the same time as the latter assumes responsibility for the expenditure referred to in this Article.
Article 120 A Equalization of Burdens
(1) Statutes serving to implement the equalization of burdens may, with the consent of the Senate [Bundesrat], stipulate that they are executed, as regards equalization benefits, partly by the Federation and partly by the States [LÃ¤nder] acting as agents of the Federation, and that the relevant powers vested in the Government and the competent highest federal authorities by virtue of Article 85 are wholly or partly delegated to the Federal Equalization Office. In exercising these powers, the Federal Equalization Office does not require the consent of the Senate [Bundesrat]; with the exception of urgent cases, its instructions has to be given to the highest State [Land] authorities (State Equalization Offices).
(2) The provisions of Article 87 III 2 are not affected hereby.
Article 121 Definition of "Majority"
Within the meaning of this Constitution, a majority of the members of the House of Representatives [Bundestag] and a majority of the members of the Federal Convention are the majority of the respective statutory number of their members.
Article 122 Transfer of Legislative Powers
(1) From the date of the assembly of the House of Representatives [Bundestag], statutes are enacted exclusively by the legislative bodies recognized in this Constitution.
(2) Legislative bodies as well as those bodies participating in legislation in an advisory capacity, whose competence ends by virtue of Paragraph I, are dissolved with effect from that date.
Article 123 Validity of Old Law and Treaties
(1) Law in force before the first assembly of the House of Representatives [Bundestag] remains in force insofar as it does not conflict with this Constitution.
(2) Subject to all rights and objections of the interested parties, the treaties concluded by the German Reich concerning matters which, under this Constitution, are within the legislative competence of the States [LÃ¤nder], remain in force, provided they are and continue to be valid in accordance with general principles of law, until new treaties are concluded by the agencies competent under this Constitution, or until they are in any other way terminated pursuant to their provisions.
Article 124 Sphere of Exclusive Legislative Power
Law affecting matters subject to the exclusive legislative power of the Federation becomes federal law in the area in which it applies.
Article 125 "Inherited" Federal Law
Law affecting matters subject to the concurrent legislative power of the Federation becomes federal law in the area in which it applies:
1. insofar as it applies uniformly within one or more zones of occupation;
2. insofar as it is law by which former Reich law has been amended after 8 May 1945.
Article 125 A [Old Federal Law as State Law]
(1) Law adopted as federal law which, because of changes in Article 74 I, insertion of Articles 84 I 7, 85 I 2 or 105 IIa 2 or because of the repeal of Articles 74a, 75 or 98 III 2, could no longer be adopted as federal law continues to be federal law. It can be replaced by State [Land] law.
(2) Law adopted on the basis of Article 72 II in the version valid until 15 Nov. 1994, but no longer admissible as federal statute because of the change in Article 72 II, continues to be federal law. Federal statutes can stipulate its replaceability by State [Land] law.
(3) Law adopted as State [Land] law, but no longer adoptable as State [Land] law due to Article 73, continues to be valid as State [Land] law. It may be replaced by federal law.
Article 125 B [Framework Legislation, Deviation]
(1) Law adopted on the basis of Article 75 in the form valid until 1st September 2006 and still adoptable as federal law thereafter continues to be valid as federal law. In this respect, the States' [LÃ¤nder] powers and responsibilities to legislate continue to exist. Regarding the subjects mentioned in Article 72 III 1, the States [LÃ¤nder] may adopt divergent rules, however, regarding the subjects of Article 72 III 1 Numbers 2, 5, and 6 only if and insofar as the Federation, after 1st September 2006, has used its legislative power, in the case of Numbers 2 and 5 on 1st January 2010 at the latest, in the case of Number 6 on 1st August 2008 at the latest.
(2) The States [LÃ¤nder] may adopt rules diverging from federal statutes adopted on the basis of Article 84 I in the form valid until 1st September 2006, however, regarding administrative procedures only until 31st December 2008 and only if the administrative procedures in the respective federal statute have been changed after 1st September 2006.
Article 125 C [Law Regarding Joint Tasks]
(1) Law adopted on the basis of Article 91a II in conjunction with Paragraph I Number 1 in the form valid until 1st September 2006 continue to be valid until 31st December 2006.
(2) Rules regarding financial assistance to communes and for rent-controlled apartments adopted on the basis of Article 104a IV in the form valid until 1st September 2006 continue to be valid until 31st December 2006. Special programs regarding financial assistance for traffic in communes based on Â§ 6 I of the Statute About Communal Traffic Financing as well as other rules adopted on the basis of Article 104a IV in the form valid until 1st September 2006 continue to be valid until 31st December 2019, provided no earlier expiration date has been or will be set.
Article 126 [Applicability of Law as Federal Law]
Differences of opinion regarding the applicability of law as federal law are settled by the Federal Constitutional Court.
Article 127 [Bi-zonal Economic Administration]
Within one year of the promulgation of this Constitution the Government may, with the consent of the governments of the States [LÃ¤nder] concerned, extend to the States [LÃ¤nder] of Baden, Greater Berlin, Rhineland-Palatinate and Wuerttemberg-Hohenzollern any legislation of the Bi-zonal Economic Administration, insofar as it continues to be in force as federal law under Article 124 or 125.
Article 128 [Continuance of Powers to Give Instructions]
Insofar as law continuing in force provides for powers to give instructions within the meaning of Article 84 V, these powers remain in existence until otherwise provided by statute.
Article 129 [Applicability of Authorizations]
(1) Insofar as legal provisions which continue in force as federal law contain authorizations to issue ordinances or to issue general administrative rules or to perform administrative acts, such authorizations pass to the agencies henceforth competent in the matter. In cases of doubt, the Government decides in agreement with the Senate [Bundesrat]; such decisions are published.
(2) Insofar as legal provisions which continue in force as State [Land] law contain such authorizations, they are exercised by the agencies competent under State [Land] law.
(3) Insofar as legal provisions within the meaning of Paragraphs I and II authorize their amendment or supplementation or the issue of legal instead of statutory provisions, such authorizations are deemed to have expired.
(4) The provisions of Paragraphs I and II also apply where legal provisions refer to regulations no longer valid or to institutions no longer in existence.
Article 130 [Control Over Existing Institutions]
(1) Administrative agencies and other institutions which serve the public administration or the administration of justice and are not based on State [Land] law or treaties between States [LÃ¤nder], as well as the Administrative Union of South West German Railroads and the Administrative Council for the Postal Services and Telecommunications of the French Zone of Occupation, are placed under the control of the Government. The Government provides, with the consent of the Senate [Bundesrat], for their transfer, dissolution, or liquidation.
(2) The highest disciplinary superior of the personnel of these administrative bodies and institutions is the appropriate Minister.
(3) Corporate bodies and institutions under public law not directly subordinate to a State [Land] nor based on treaties between States [LÃ¤nder] are under the supervision of the competent highest federal authority.
Article 131 [Former Public Service Personnel]
Federal legislation is passed to regulate the legal position 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 arising from civil service regulations or collective agreement rules, and have not until now been reinstated or are employed in a position not corresponding to their former one. The same rule is applicable to persons, including refugees and expellees, who, on 8 May, 1945, were entitled to a pension and who no longer receive any such pension or any commensurate pension for reasons other than those arising from civil service regulations or collective agreement rules. Until the pertinent federal statute comes into force, no legal claims can be made, unless otherwise provided by State [Land] legislation.
Article 132 Public Service Rights]
(1) Civil servants and judges who, when this Constitution comes into force are appointed for life, may, within six months after the first assembly of the House of Representatives [Bundestag], be retired or temporarily retired or be given a different office with lower remuneration where they lack the personal or professional aptitude for their present office. This provision also applies to salaried public employees, other than civil servants or judges, whose service cannot be terminated by notice. Where, however, such service can be terminated by notice, periods of notice in excess of the periods fixed by collective agreement rules may be cancelled within the six months referred to above.
(2) The preceding provision does not apply to members of the public service who are not affected by the provisions regarding the "Liberation from National Socialism and Militarism" or who are recognized victims of National Socialism, except on important grounds relating to themselves as individuals.
(3) Those affected may have recourse to the courts in accordance with Article 19 IV.
(4) Details are specified by an ordinance of the Government requiring the consent of the Senate [Bundesrat].
Article 133 Bi-zonal Economic Administration
The Federation succeeds to the rights and obligations of the Bi-zonal Economic Administration.
Article 134 Reich Property
(1) Reich property on principle becomes federal property.
(2) Insofar as such property was originally intended to be used predominantly for administrative tasks which, under this Constitution, are not administrative tasks of the Federation, it is transferred without compensation to the agencies now charged with such tasks, and to the States [LÃ¤nder] insofar as it is being used at present, and not merely temporarily, for administrative tasks which under this Constitution are now within the administrative competence of the States [LÃ¤nder]. The Federation may also transfer other property to the States [LÃ¤nder].
(3) Property which was placed at the disposal of the Reich by States [LÃ¤nder] or communes or associations of communes without compensation again becomes the property of such States [LÃ¤nder] or communes or associations of communes, insofar as it is not required by the Federation for its own administrative tasks.
(4) Details are regulated by a federal statute requiring the consent of the Senate [Bundesrat].
Article 135 Property of Old States
(1) Where after 8 May 1945 and before the coming into force of this Constitution an area has passed from one State [Land] to another, the State [Land] to which the area now belongs is entitled to the property located therein of the State [Land] to which it belonged.
(2) Property of States [LÃ¤nder] or corporate bodies or institutions under public law which no longer exist passes, insofar as it was originally intended to be used predominantly for administrative tasks or is being used at present, and not merely temporarily, predominantly for administrative tasks, to the State [Land] or the corporate body or institution under public law which now discharges these tasks.
(3) Real estate of States [LÃ¤nder] which no longer exist, including accessories, passes to the State [Land] within which it is located, insofar as it is not included among property within the meaning of Paragraph I.
(4) Where an overriding interest of the Federation or the particular interest of an area so requires, a settlement other than in Paragraphs I to III may be effected by federal legislation.
(5) In all other respects, the succession in title and the settlement of the property, insofar as it has not been effected before l January 1952 by agreement between the States [LÃ¤nder] or corporate bodies or institutions under public law concerned, is regulated by federal legislation requiring the consent of the Senate [Bundesrat].
(6) Interests of the former State of Prussia in enterprises under private law passes to the Federation. A federal statute, which may also diverge from this provision, regulates the details.
(7) Insofar as property which on the coming into force of this Constitution would devolve upon a State [Land] or a corporate body or institution under public law pursuant to Paragraphs I to III has been disposed of through or by virtue of a State [Land] law or in any other manner by the party thus entitled, the transfer of the property is deemed to have taken place before such disposition.
Article 135 A [Old Liabilities]
(1) The legislation reserved to the Federation in Article 134 IV and in Article 135 V may also stipulate that the following liabilities are not discharged, or not to their full extent:
- Liabilities of the Reich or liabilities of the former State of Prussia or liabilities of such corporate bodies and institutions under public law as no longer exist;
- such liabilities of the Federation or corporate bodies and institutions under public law as are connected with the transfer of properties pursuant to Articles 89, 90, 134 or 135, and such liabilities of these entities as arise from measures taken by the entities mentioned under No. 1;
- such liabilities of States [LÃ¤nder] or communes or associations of communes as have arisen from measures taken by these legal entities before 1 August 1945 within the framework of administrative functions incumbent upon or delegated by the Reich to comply with regulations of occupying powers or to put an end to a state of emergency due to the war.
(2) Paragraph I above also applies to liabilities of the German Democratic Republic or its legal entities as well as to liabilities of the Federation or other corporate bodies and institutions under public law which are connected with the transfer of properties of the German Democratic Republic to the Federation, States [LÃ¤nder] and communes, and to liabilities arising from measures taken by the German Democratic Republic or its legal entities.
Article 136 First Assembly of Senate
(1) The Senate [Bundesrat] assembles for the first time on the day of the first assembly of the House of Representatives [Bundestag].
(2) Until the election of the first President, his powers are exercised by the President of the Senate [Bundesrat]. He does not have the right to dissolve the House of Representatives [Bundestag].
Article 137 Eligibility of Civil Servants
(1) The right of civil servants, of other salaried public employees, of professional soldiers, of temporary volunteer soldiers or of judges to stand for election in the Federation, in the States [LÃ¤nder] or in the communes may be restricted by legislation.
(2) The electoral statute to be adopted by the Parliamentary Council applies to the election of the first House of Representatives [Bundestag], of the first Federal Convention and of the first President of the Federal Republic.
(3) The function of the Federal Constitutional Court pursuant to Article 41 II, pending its establishment, is exercised by the German High Court for the Combined Economic Area, which decides in accordance with its rules of procedure.
Article 138 [Southern German Notaries]
Changes in notarial institutions as presently existing in the States [LÃ¤nder] of Baden, Bavaria, WuerttembergBaden and WuerttembergHohenzollern require the consent of the governments of these States [LÃ¤nder].
Article 139 Denazification Laws
The legislation enacted for the "Liberation of the German People from National Socialism and Militarism" is not affected by the provisions of this Constitution.
Article 140 Law of Religious Bodies
The provisions of Articles 136, 137, 138, 139 and 141 of the German Constitution of 11 August 1919 are integral parts of this Constitution.
Article 141 "Bremen Clause"
Article 7 III 1 does not be applied in any State [Land] in which different provisions of State [Land] law were in force on 1 Jan. 1949.
Article 142 Basic Rights in State Constitutions
Notwithstanding the provision of Article 31, such provisions of State [Land] constitutions also remain in force as guarantee basic rights in conformity with Articles 1 to 18 of this Constitution.
Article 142 A [repealed]
Article 143 Limitation of Deviations
(1) Law in the territory specified in Article 3 of the Unification Treaty may deviate from provisions of this Constitution for a period not extending beyond 31 December 1992 in so far as and as long as no complete adjustment to the order of the Constitution can be achieved as a consequence of the different conditions. Deviations must not violate Article 19 II and must be compatible with the principles set out in Article 79 III.
(2) Deviations from sections II, VIII, VIIIa, IX, X and XI are permissible for a period not extending beyond 31 December 1995.
(3) Notwithstanding Paragraphs I & II above, Article 41 of the Unification Treaty and the rules for its implementation remain valid in so far as they provide for the irreversibility of intrusion on property in the territory specified in Article 3 of the said Treaty.
Article 143 A Railroad Administration
(1) The Federation has exclusive legislation in all matters arising from the transformation of railroads of the Federation from direct federal administration to businesses. Article 87e V is applicable. Officials of railroads of the Federation can, by statute preserving their legal position and the responsibility of their former employer, be assigned to work at railroads of the Federation organized under private law.
(2) Statutes according to Paragraph II are administered by the Federation.
(3) The discharge of all duties in the area of local railway transport of persons by former railroads of the Federation is a responsibility of the Federation until 31 Dec. 1995. This provision also applies to tasks of railway traffic administration. Details are regulated by federal legislation requiring the consent of the Senate [Bundesrat].
Article 143 B Deutsche Bundespost
(1) The special property Deutsche Bundespost will be transformed into private law businesses according to a federal statute. The Federation has exclusive legislation over all related matters.
(2) Exclusive rights of the Federation prior to the transformation can be delegated preliminarily to businesses originating in the Deutsche Bundespost Postdienst and Deutsche Bundespost Telekom. The Federation may sell the majority of shares in the business originating in the Deutsche Bundespost Postdienst no earlier than five years after enacting the statute. For this measure, a federal statute with consent of the Senate [Bundesrat] is required.
(3) Federal officers of the Deutsche Bundespost are being employed by the businesses preserving their legal position and the responsibility of their former employer. These businesses exercise the rights of the former employer. Details are regulated by a federal statute.
Article 143 C Compensation for the Abolishment of Joint Tasks and Financial Support
(1) Between 1st January 2007 and 31st December 2019, the States [LÃ¤nder] may claim yearly contributions from the federal budget for the abolishment of joint tasks regarding extension and construction of universities including university hospitals and educational planning as well as for the abolishment of financial support to improve traffic conditions within communes and rent-controlled apartments. Until 31st December 2013, these contributions will be calculated on the basis of average federal support during the reference period of 2000 to 2008.
(2) Until 31st December 2013, the contributions according to Paragraph I are distributed among the States [LÃ¤nder]:
- as yearly fixed amounts according to the average share of each State [Land] during the period 2000 to 2003;
- according to the purpose of the task in the case of former mixed financing.
(3) Federation and States, until the end of 2013, reappraise the sufficiency and necessity of the funds assigned to the States [LÃ¤nder] according to Paragraph I for fulfilling the responsibilities of the States [LÃ¤nder]. Starting 1st January 2014, the limitation to the purpose as established by Paragraph II Number 2 for the funds provided according to Paragraph I is abolished; the share of investment within the total of funds remains fixed. Agreements in the Solidarity Pact II remain unaffected.
(4) Details are regulated by a federal statute requiring the consent of the Senate [Bundesrat].
Article 143 D Consolidation Support
(1) Articles 109 and 115 in the version valid until 31 July 2009 are applicable for the last time on the 2010 budget. Articles 109 and 115 in the version in force on 1 Aug. 2009 are applicable for the first time on the 2011 budget; provided that credit authorizations existing on 31 Dec. 2010 for seperate assets remain untouched. The States [LÃ¤nder] may, for the period 1 Jan. 2011 to 31 Dec. 2019, following applicable rules of State [Land] regulation, deviate from the provisions of Article 109 III. The budgets of the States [LÃ¤nder] have to be planned in a way that the budget 2020 satisfies the requirements of Article 109 III 5. The Federation may, for the period 1 Jan. 2011 to 31 Dec. 2015 deviate from the provision of Article 115 II 2. The reduction of existing deficits should commence with the budget 2011. The yearly budgets have to be planned in a way that the budget 2016 satisfies the requirement of Article 115 II 2; details are regulated by a federal statute.
(2) To help observing the provisions of Article 109 III after 1 Jan. 2020, the States [LÃ¤nder] of Berlin, Bremen, Saarland, Saxony-Anhalt, and Schleswig-Holstein for the period 2011 to 2019 may receive consolidation support out of the federal budget to the total extent of 800 million Euro per year. The shares are 300 million Euro for Bremen, 260 million Euro for Saarland, and 80 million Euro each for Berlin, Saxony-Anhalt, and Schleswig-Holstein. The support is extended on the basis of an administrative agreement according to a federal statute requiring the consent of the Senate [Bundesrat]. Receipt of the support requires a complete reduction of financial deficits until the end of 2010. The details, particularly regarding the yearly steps of reduction in financial deficits, the supervision of the reduction of financial deficits by the stability council as well as the sanctions in case of non-compliance with the steps of reduction, are regulated by federal statute requiring the consent of the Senate [Bundesrat] and by administrative agreement. The simultaneous receipt of consolidation support and reorganization support in case of extreme budget emergency is excluded.
(3) The financial burden resulting from consolidation support is carried by Federation and States [LÃ¤nder] to one half each, the latter financing it from their share of the value added tax. Details are regulated by federal statute requiring the consent of the Senate [Bundesrat].
Article 144 Ratification of the Constitution
(1) This Constitution requires ratification by the parliaments of two thirds of the German States [LÃ¤nder] in which it is for the time being to apply.
(2) Insofar as the applications of this Constitution is subject to restrictions in any State [Land] listed in Article 23 or in any part thereof, such State [Land] or part thereof has the right to send representatives to the House of Representatives [Bundestag] in accordance with Article 38 and to the Senate [Bundesrat] in accordance with Article 50.
Article 145 Promulgation of the Constitution
(1) The Parliamentary Council confirms in public session, with the participation of the deputies of Greater Berlin, the fact of ratification of this Constitution and signs and promulgates it.
(2) This Constitution comes into force at the end of the day of promulgation.
(3) It is published in the Federal Law Gazette.
Article 146 Validity of the Constitution
This Constitution, which is valid for the entire German people following the achievement of the unity and freedom of Germany, ceases to be in force on the day on which a constitution adopted by a free decision of the German people comes into force.