Article 83 [Competencies of Federation and States]
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 and Government supervision]
(1) Where the States execute federal statutes as matters of their
own concern, they provide for the establishment of the requisite
authorities and the regulation of administrative procedures
insofar as federal statutes consented to by the Senate do not
otherwise provide.
(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 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 [Execution by the States as agents of the Federation]
(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.
(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 87a [Establishment and powers of the Armed Forces]
(1) The Federation establishes Armed Forces for defence
purposes. Their numerical strength and general organizational
structure must be shown in the budget.
(2) Apart from defence, the Armed Forces may only be used
insofar as explicitly permitted by this Constitution.
(3) While a state of defence 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 defence mission. Moreover, the
Armed Forces may, when a state of defence 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 (2) 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 87b [Administration of the Federal 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 defence, 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 (2) 1.
Article 87c [Administration in the field of nuclear energy]
Statutes enacted under Article 74 Number 11a may, with
the consent of the Senate, provide that they are executed by the
States acting as agents of the Federation.
Article 87d [Aviation administration]
(1) Aviation administration is conducted as a direct federal
administration. Federal law decides about public law and
private law forms of organization.
(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 87e [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 a 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 a federal statute.
(5) Statutes based on Paragraphs (1) to (4) 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 87f [Postal Affairs and Telecommunication]
(1) Regulated by a federal statute requiring the consent of the
Senate, the Federation guarantees a comprehensive and
adequate coverage with services in the area of postal affairs and
telecommunication.
(2) Services in the sense of Paragraph (1) are organized as
private law activities by those businesses originating in the
special property Deutsche Bundespost. Sovereign tasks in the
area of postal affairs and telecommunication are organized as
direct federal administration.
(3) Notwithstanding Paragraph (2) 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 [Bundesbank]
The Federation establishes a note-issuing and currency bank as
the Bundesbank. 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 long-distance 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.