Article 20 [Basic principles of state order, right to resist]
(1) The Federal Republic of Germany is a democratic and social
federal state.
(2) All state authority emanates from the people. It is being
exercised by the people through elections and voting and by
specific organs of the legislature, the executive power, and the
judiciary.
(3) Legislation is subject to the constitutional order; the
executive and the judiciary are bound by law and justice.
(4) All Germans have the right to resist any person seeking to
abolish this constitutional order, should no other remedy be
possible.
Article 20a [Protection of Natural Resources]
The state, also in its responsibility for future generations,
protects the natural foundations of life in the framework of the
constitutional order, by legislation and, according to law and
justice, by executive and judiciary.
Article 21 [Political parties]
(1) The political parties participate in the forming of the
political will of the people. They may be freely established.
Their internal organization must conform to democratic
principles. They have to publicly account for the sources and
use of their funds and for their assets.
(2) Parties which, by reason of their aims or the behavior of
their adherents, seek to impair or abolish the free democratic
basic order or to endanger the existence of the Federal Republic
of Germany are unconstitutional. The Federal Constitutional
Court decides on the question of unconstitutionality.
(3) Details are regulated by federal statutes.
Article 22 [Federal flag]
The federal flag is black, red, and gold.
Article 23 [European Union]
(1) To realize a unified Europe, Germany participates in the
development of the European Union which is bound to
democratic, rule of law, social, and federal principles and
provides a protection of fundamental rights essentially
equivalent to that of this Constitution. The federation can, for
this purpose and with the consent of the Senate, delegate
sovereign powers. Article 79 (2) & (3) is applicable for
the foundation of the European Union as well as for changes in
its contractual bases and comparable regulations by which the
content of this Constitution is changed or amended or by which
such changes or amendments are authorized.
(2) The House of Representatives and the States, by their
representation in the Senate, participate in matters of the
European Union. The Government has to thoroughly inform
House of Representatives and Senate at the earliest possible
time.
(3) The Government allows for statements of the House of
Representatives before it takes part in drafting European Union
laws. The Government considers statements of the House of
Representatives during deliberations. Detail are regulated by
federal statute.
(4) The Senate has to be included in the deliberations of the
House of Representatives insofar as it would have to participate
in a domestic measure or insofar as the States would be
accountable domestically.
(5) Insofar as, in the area of exclusive legislative competence of
the Federation, the interests of the States are affected or insofar
as, in all other cases, the Federation has legislative competence,
the Government considers the statement of the Senate. If
legislative competencies of the States, the installation of their
agencies, or their procedures are centrally affected, the opinion
of the Senate has to be considered as decisive for the
Federation's deliberation; the responsibility of the Federation
for the whole state has to be maintained in the process. The
consent of the Government is necessary in matters possibly
resulting in higher expenses or lower revenues for the
Federation.
(6) The Federation shall delegate the exercise of rights of the
Federal Republic of Germany as a member of the European
Union to a representative of the States nominated by the Senate
if exclusive legislative competencies of the States are centrally
affected. These rights are exercised with participation of and in
coordination with the Government; the responsibility of the
Federation for the whole state has to be maintained in the
process.
(7) Details of Paragraphs (4) to (6) are regulated by a statute
requiring the consent of the Senate.
Article 24 [Entry into a collective security system]
(1) The Federation may by legislation transfer sovereign powers
to intergovernmental institutions.
(1a) Insofar as the States are responsible for the exercise of
state rights and the discharge of state duties, they can, with
consent of the Government, delegate sovereign powers to
institutions for neighborhood at state borders.
(2) For the maintenance of peace, the Federation may join a
system of mutual collective security; in doing so it will consent
to such limitations upon its rights of sovereignty as will bring
about and secure a peaceful and lasting order in Europe and
among the nations of the world.
(3) For the settlement of disputes between states, the Federation
will accede to agreements concerning international arbitration of
a general, comprehensive, and obligatory nature.
Article 25 [Public international law and federal law]
The general rules of public international law constitute an
integral part of federal law. They take precedence over statutes
and directly create rights and duties for the inhabitants of the
federal territory.
Article 26 [Ban on preparing a war of aggression]
(1) Acts tending to and undertaken with intent to disturb the
peaceful relations between nations, especially to prepare war or
aggression, are unconstitutional. They have to be made a
criminal offence.
(2) Weapons designed for warfare may not be manufactured,
transported, or marketed except with the permission of the
Government. Details are regulated by a federal statute.
Article 27 [Merchant fleet]
All German merchant vessels form one merchant fleet.
Article 28 [Guarantee of self-government]
(1) The constitutional order in the States must conform to the
principles of the republican, democratic, and social state under
the rule of law, within the meaning of this Constitution. In
each of the States, counties, and communes, the people has to
be represented by a body chosen in general, direct, free, equal,
and secret elections. During elections in counties and
communes, persons who possess the citizenship of a European
Community country are eligible to vote and being elected
according to the laws of the European Community. In
communes, the communal assembly can take the place of an
elected body.
(2) The communes must be guaranteed the right to regulate, on
their own responsibility, all the affairs of the local community
within the limits set by statute. Within the framework of their
statutory functions, the associations of communes have such
right of self-government as may be provided by statute. The
right of self-government also encompasses the foundations of
financial accountability.
(3) The Federation ensures that the constitutional order of the
States conforms to the basic rights and to the provisions of
Paragraphs (1) & (2).
Article 29 [New delimitation of States boundaries]
(1) A new delimitation of federal territory may be made to
ensure that the States by their size and capacity are able
effectively to fulfill their functions. Due regard has to be given
to regional, historical, and cultural ties, economic expediency,
and the requirements of regional policy and planning.
(2) Measures for a new delimitation of federal territory are
effected by federal statutes requiring confirmation by
referendum. The States thus affected have to be consulted.
(3) A referendum is held in the States from whose territories or
partial territories a new State or a State with redefined
boundaries is to be formed (affected States). The referendum is
held on the question whether the affected States are to remain
within their existing boundaries or whether the new State or
State with redefined boundaries should be formed. The
referendum is deemed to be in favor of the formation of a new
State or of a State with redefined boundaries where approval is
given to the change by a majority in the future territory of such
State and by a majority in all the territories or partial territories
of an affected State whose assignment to a State is to be
changed in the same sense. The referendum is deemed not to
be in favor where in the territory of one of the affected States a
majority reject the change; such rejection is, however, of no
consequence where in one part of the territory whose
assignment to the affected State is to be changed a majority of
two-thirds approve of the change, unless in the entire territory
of the affected State a majority of two-thirds reject the change.
(4) Where in a clearly definable area of interconnected
population and economic settlement, the parts of which lie in
several States and which has a population of at least one
million, one tenth of those of its population entitled to vote in
House of Representatives elections petition by popular initiative
for the assignment of that area to one State, provision is made
within two years in a federal statute determining whether the
delimitation of the affected States is changed pursuant to
Paragraph (2) or determining that a plebiscite is held in the
affected States.
(5) The plebiscite establishes whether approval is given to a
change of States delimitation to be proposed in the statute. The
statute may put forward different proposals, not exceeding two
in number, for the plebiscite. Where approval is given by a
majority to a proposed change of States delimitation, provision
is made within two years in a federal statute determining
whether the delimitation of the States concerned is changed
pursuant to Paragraph (2). Where approval is given, in
accordance with Paragraph (3) 3 & 4, to a proposal put forward
for the plebiscite, a federal statute providing for the formation
of the proposed State is enacted within two years of the
plebiscite and no longer requires confirmation by referendum.
(6) A majority in a referendum or in a plebiscite consists of a
majority of the votes cast, provided that they amount to at least
one quarter of the population entitled to vote in House of
Representatives elections. Other detailed provisions concerning
referendums, popular petitions, and plebiscites is made in a
federal statute; such statute may also provide that popular
petitions may not be repeated within a period of five years.
(7) Other changes concerning the territory of the States may be
effected by state agreements between the States concerned or by
a federal statute with the approval of the Senate where the
territory which is to be the subject of a new delimitation does
not have more than 50,000 inhabitants. Detailed provision are
made in a federal statute requiring the approval of the Senate
and the majority of the members of the House of
Representatives. It shall make provision for the affected
communes and districts to be consulted.
(8) The States can change the delimitation of their territory or
parts thereof deviating from the provisions in Paragraphs (2)
to (7) by state contract. Affected communes and counties have
to be consulted. The state contract needs to be confirmed by
public referendum in each participating State. If a state contract
affects only parts of the territory of a State, the public
referendum can be limited to these parts; Sentence 5 Half-
Sentence 2 is not applicable. The public referendum requires a
majority of votes cast if such majority contains at least one
fourth of the votes of all persons eligible for elections of the
House of Representatives; details are regulated by a federal
statute. The state contract requires the consent of the House of
Representatives.
Article 30 [Competencies of Federation and States]
Except as otherwise provided or permitted by this Constitution,
the exercise of governmental powers and the discharge of
governmental functions is incumbent on the States.
Article 31 [Precedence of federal law]
Federal law takes precedence over State law.
Article 32 [Foreign relations]
(1) Relations with foreign states are a responsibility of the
Federation.
(2) Before the conclusion of a treaty affecting the special
circumstances of a State, that State has to be consulted in time.
(3) Insofar as the States have power to legislate, they may, with
the consent of the Government conclude treaties with foreign
states.
Article 33 [Equal political status of all Germans]
(1) Every German has in every State the same political rights
and duties.
(2) Every German is equally eligible for any public office
according to his aptitude, qualifications, and professional
achievements.
(3) Enjoyment of civil and political rights, eligibility for public
office, and rights acquired in the public service are independent
of religious denomination. No one may suffer any disadvantage
by reason of his adherence or non-adherence to a denomination
or to a philosophical persuasion.
(4) The exercise of state authority as a permanent function is,
as a rule, entrusted to members of the public service whose
status, service and loyalty are governed by public law.
(5) The law of the public service is regulated with due regard to
the traditional principles of the professional civil service.
Article 34 [Liability in the event of a breach of official duty]
Where any person, in the exercise of a public office entrusted
to him, violates his official obligations to a third party, liability
rests in principle on the state or the public body which employs
him. In the event of wilful intent or gross negligence, the right
of recourse against the holder of a public office is reserved. In
respect of the claim for compensation or the right of recourse,
the jurisdiction of the ordinary courts may not be excluded.
Article 35 [Legal, administrative, emergency assistance]
(1) All federal and State authorities render each other legal and
administrative assistance.
(2) In order to maintain or to restore public security or order, a
State may, in cases of particular importance, call upon forces
and facilities of the Federal Border Guard to assist its police
where without this assistance the police could not, or only with
considerable difficulty, fulfil a task. In order to deal with a
natural disaster or an especially grave accident, a State may
request the assistance of the police forces of other States or of
forces and facilities of other administrative authorities or of the
Federal Border Guard or the Armed Forces.
(3) Where the natural disaster or the accident endangers a
region larger than a State, the Government may, insofar as this
is necessary to effectively deal with such danger, instruct the
State governments to place their police forces at the disposal of
other States, and may use units of the Federal Border Guard or
the Armed Forces to support the police forces. Measures taken
by the Government pursuant to the first sentence of this
paragraph have to be revoked at any time at the demand of the
Senate, and otherwise immediately upon removal of the danger.
Article 36 [Personnel of the federal authorities]
(1) Civil servants employed in the highest federal authorities are
drawn from all States in appropriate proportion. Persons
employed in other federal authorities should, as a rule, be
drawn from the State in which they serve.
(2) Military laws also have to take into account the division of
the Federation into States and the regional ties of their
populations.
Article 37 [Federal coercion]
(1) Where a State fails to comply with its obligations of a
federal character imposed by this Constitution or another
federal statute, the Government may, with the consent of the
Senate, take the necessary measures to enforce such compliance
by the State by way of federal coercion.
(2) For the purpose of exercising federal coercion, the
Government or its commissioner has the right to give binding
instructions to all States and their authorities.