Article 38 [Elections]
(1) The deputies to the German House of Representatives are
elected in general, direct, free, equal, and secret elections.
They are representatives of the whole people, not bound by
orders and instructions, and subject only to their conscience.
(2) Anyone who has attained the age of eighteen years is
entitled to vote; anyone who has attained majority is eligible for
election.
(3) Details are regulated by a federal statute.
Article 39 [Assembly and legislative term]
(1) The House of Representatives is elected for a four-year
term. Its legislative term ends with the assembly of a new
House of Representatives. The new election are held forty-five
months at the earliest, and forty-seven months at the latest after
the beginning of the legislative term. Where the House of
Representatives is dissolved, the new election is held within
sixty days.
(2) The House of Representatives assembles, at the latest, on
the thirtieth day after the election.
(3) The House of Representatives determines the termination
and resumption of its meetings. The President of the House of
Representatives may convene it at an earlier date. He does so
where one third of its members or the President or the
Chancellor so demand.
Article 40 [President, rules of procedure]
(1) The House of Representatives elects its President, vice
presidents, and secretaries. It draws up its rules of procedure.
(2) The President exercises proprietary and police powers in the
House of Representatives building. No search or seizure may
take place on the premises of the House of Representatives
without his permission.
Article 41 [Scrutiny of elections]
(1) The scrutiny of elections is the responsibility of the House
of Representatives. It also decides whether a deputy has lost
his seat in the House of Representatives.
(2) Complaints against such decisions of the House of
Representatives may be lodged with the Federal Constitutional
Court.
(3) Details are regulated by a federal statute.
Article 42 [Proceedings, voting]
(1) The debates of the House of Representatives are public.
Upon a motion of one tenth of its members, or upon a motion
of the Government, the public may be excluded by a two-thirds
majority. The decision on the motion is taken at a meeting not
open to the public.
(2) Decisions of the House of Representatives require a
majority of the votes cast unless this Constitution provides
otherwise. The rules of procedure may provide for exceptions
in respect of elections to be conducted by the House of
Representatives.
(3) True and accurate reports on the public meetings of the
House of Representatives and of its committees does not give
rise to any liability.
Article 43 [Presence of members of Government and Senate]
(1) The House of Representatives and its committees may
demand the presence of any member of the Government.
(2) The members of the Senate and of the Government as well
as persons commissioned by them have access to all meetings of
the House of Representatives and its committees. They are
heard at any time.
Article 44 [Committees of investigation]
(1) The House of Representatives has the right, and upon the
motion of one quarter of its members the duty, to set up a
committee of investigation, which takes the requisite evidence at
public hearings. The public may be excluded.
(2) The rules of criminal procedure applies mutatis mutandis to
the taking of evidence. The privacy of letters and the secrecy
of post and telecommunication remain unaffected.
(3) Courts and administrative authorities are bound to render
legal and administrative assistance.
(4) The decisions of committees of investigation is not subject
to judicial consideration. The courts are free to evaluate and
judge the facts on which the investigation is based.
Article 45 [Committee 'European Union']
The House of Representatives establishes a committee for
European Union matters. It can empower the committee to
exercise the rights of the House of Representatives under
Article 23 in its contact with the Government.
Article 45a [Committees on Foreign Affairs and Defence]
(1) The House of Representatives appoints a Committee on
Foreign Affairs and Committee on Defence.
(2) The Committee on Defence also has the rights of a
committee of investigation. Upon the motion of one quarter of
its members it has the duty to make a specific matter the subject
of investigation.
(3) Article 44 (1) does not apply to defence matters.
Article 45b [Defence Commissioner of the House of
Representatives]
A Defence Commissioner of the House of Representatives is
appointed to safeguard the basic rights and to assist the House
of Representatives in exercising parliamentary control. Details
are regulated by a federal statute.
Article 45c [Petitions Committee]
(1) The House of Representatives appoints a Petitions
Committee to deal with requests and complaints addressed to
the House of Representatives pursuant to Article 17.
(2) The powers of the Committee to consider complaints is
regulated by a federal statute.
Article 46 [Indemnity and immunity of deputies]
(1) A deputy may not at any time be subjected to court
proceedings or disciplinary action or otherwise called to account
outside the House of Representatives for a vote cast or a
statement made by him in the House of Representatives or in
any of its committees. This does not apply to defamatory
insults.
(2) A deputy may not be called to account or arrested for a
punishable offence except by permission of the House of
Representatives, unless he is apprehended during commission of
the offence or in the course of the following day.
(3) The permission of the House of Representatives also is
necessary for any other restriction of the personal liberty of a
deputy or for the initiation of proceedings against a deputy
under Article 18.
(4) Any criminal proceedings or any proceedings under Article
18 against a deputy, any detention or any other
restriction of his personal liberty is suspended at the demand of
the House of Representatives.
Article 47 [Right of deputies to refuse to give evidence]
Deputies may refuse to give evidence concerning persons who
have confided facts to them in their capacity as deputies, or to
whom they have confided facts in such capacity, as well as
evidence concerning these facts themselves. To the extent that
this right of refusal to give evidence exists, no seizure of
documents is permissible.
Article 48 [Entitlements of deputies]
(1) Any candidate for election to the House of Representatives
is entitled to the leave necessary for his election campaign.
(2) No one may be prevented from accepting and exercising the
office of deputy. He may not be given notice of dismissal nor
dismissed from employment on this ground.
(3) Deputies are entitled to adequate remuneration ensuring
their independence. They are entitled to the free use of all
state-owned means of transport. Details are regulated by a
federal statute.