Article 115a [Concept and determination of a state of defence]
(1) The determination that federal territory is being attacked by
armed force or that such an attack is directly imminent (state of
defence) are made by the House of Representatives with the
consent of the Senate.
Such determination are made at the
request of the Government and require a two-thirds majority of
the votes cast, which include at least the majority of the
members of the House of Representatives.
(2) Where the situation imperatively calls for immediate action
and where insurmountable obstacles prevent the timely assembly
of the House of Representatives, or where there is no quorum
in the House of Representatives, the Joint Committee makes
this determination with a two-thirds majority of the votes cast,
which includes at least the majority of its members.
(3) The determination is promulgated in the Federal Law
Gazette by the President pursuant to Article 82. Where
this cannot be done in time, the promulgation is effected in
another manner; subsequently, it has to be printed in the
Federal Law Gazette as soon as circumstances permit.
(4) Where the federal territory is being attacked by armed force
and where the competent bodies of the Federation are not in a
position at once to make the determination provided for in
Paragraph (1) 1, such determination is deemed to have been
made and promulgated at the time the attack began. The
President announces such time as soon as circumstances permit.
(5) Where the determination of the existence of a state of
defence has been promulgated and where the federal territory is
being attacked by armed force, the President may, with the
consent of the House of Representatives, issue declarations
under international law regarding the existence of such state of
defence. Where the conditions mentioned in Paragraph (2)
apply, the Joint Committee acts in substitution for the House of
Representatives.
Article 115b [Transfer of command to the Chancellor]
Upon the promulgation of a state of defence, the power of
command over the Armed Forces passes to the Chancellor.
Article 115c [Extension of legislative powers of the Federation]
(1) The Federation has the right to legislate concurrently in
respect of a state of defence even on matters within the
legislative powers of the States. Such statutes require the
consent of the Senate.
(2) Federal legislation to be applicable upon the occurrence of a
state of defence to the extent required by conditions obtaining
while such state of defence exists may make:
1. preliminary provision for compensation to be made in the
event of property being taken, in derogation of Article 14 (3)
2;
2. provision for a time-limit other than that referred to in
Article 104 (2) 3 & (3) 1 in respect of deprivations of
liberty, but not exceeding four days at the most, in a case
where no judge has been able to act within the time limit
applying in normal times.
(3) Federal legislation to be applicable upon the occurrence of a
state of defence to the extent required for averting an existing
or directly imminent attack may, subject to the consent of the
Senate, regulate the administration and the financial system of
the Federation and the States in derogation of Sections VIII,
VIIIa and X, provided that the viability of the States,
communes and associations of communes is safeguarded,
particularly in financial matters.
(4) Federal statutes enacted pursuant to Paragraph (1) or
subparagraph 1 of Paragraph (2) may, for the purpose of
preparing for their enforcement, be applied even prior to the
occurrence of a state of defence.
Article 115d [Legislative process in the case of urgent bills]
(1) While a state of defence exists, the provisions of
Paragraphs (2) and (3) apply in respect of federal legislation, in
derogation of the provisions of Articles 76 (2), 77 (1)
2 & (2) to (4), 78, and 82 (1).
(2) Bills submitted as urgent by the Government are forwarded
to the Senate at the same time as they are submitted to the
House of Representatives. The House of Representatives and
the Senate debate such bills together without delay. Insofar as
the consent of the Senate is necessary, the majority of its votes
is required for any such bill to become a statute. Details are
regulated by rules of procedure adopted by the House of
Representatives and requiring the consent of the Senate.
(3) Article 115a (3) 2 applies mutatis mutandis in respect
of the promulgation of such statutes.
Article 115e [Powers of the Joint Committee]
(1) Where, in a state of defence, the Joint Committee
determines with a two-thirds majority of the votes cast, which
includes at least the majority of its members, that
insurmountable obstacles prevent the timely assembly of the
House of Representatives or that there is no quorum in the
House of Representatives, the Joint Committee has the status of
both the House of Representatives and the Senate and exercises
their rights as one body.
(2) The Joint Committee may not enact any statute to amend
this Constitution or to deprive it of effect or application either
in whole or in part. The Joint Committee is not authorized to
enact statutes pursuant to Articles 23 (1) 2, 24 (1),
or 29.
Article 115f [Powers of the Government]
(1) In a state of defence, the Government may, to the extent
necessitated by circumstances:
1. use the Federal Border Guard throughout the federal
territory;
2. issue instructions not only to federal administrative
authorities but also to State governments and, where it deems
the matter urgent, to State authorities, and may delegate this
power to members of State governments to be designated by it.
(2) The House of Representatives, the Senate and the Joint
Committee is informed without delay of the measures taken in
accordance with Paragraph (1).
Article 115g [Status and functions of the Federal Constitutional
Court]
The constitutional status and the performance of the
constitutional functions of the Federal Constitutional Court and
its judges may not be impaired. The Federal Constitutional
Court Act may not be amended by a statute enacted by the Joint
Committee except insofar as such amendment is required, also
in the opinion of the Federal Constitutional Court, to maintain
the capability of the Court to function. Pending the enactment
of such a statute, the Federal Constitutional Court may take
such measures as are necessary to maintain the capability of the
Court to carry out its work. Any decisions by the Federal
Constitutional Court in pursuance of the second and third
sentence of this Article requires a two-thirds majority of the
judges present.
Article 115h [Functioning capability of constitutional organs]
(1) Any legislative terms of the House of Representatives or of
State parliaments due to end while a state of defence exists end
six months after the termination of such state of defence. A
term of office of the President due to expire while a state of
defence exists, and the exercise of his functions by the
President of the Senate in case of the premature vacancy of the
President's office, ends nine months after the termination of
such state of defence. The term of office of a member of the
Federal Constitutional Court due to expire while a state of
defence exists ends six months after the termination of such
state of defence.
(2) Should the necessity arise for the Joint Committee to elect a
new Chancellor, the Committee does so with the majority of its
members; the President proposes a candidate to the Joint
Committee. The Joint Committee can express its lack of
confidence in the Chancellor only by electing a successor with a
two-thirds majority of its members.
(3) The dissolution of the House of Representatives is
impossible during a state of defence.
Article 115i [Powers of the State governments]
(1) Where the competent federal bodies are incapable of taking
the measures necessary to avert the danger, and where the
situation imperatively calls for immediate independent action in
individual parts of the federal territory, the State governments
or the authorities or commissioners designated by them are
authorized to take, within their respective spheres of
competence, the measures provided for in Article
115f (1).
(2) Any measures taken in accordance with Paragraph (1) of the
present Article may be revoked at any time by the Government,
or, in relation to State authorities and subordinate federal
authorities, by State minister-presidents.
Article 115k [Duration of validity of extraordinary legal provisions]
(1) Statutes enacted in accordance with Articles 115c,
115e, and 115g, as well as ordinances issued by
virtue of such statutes, shall, for the duration of their
applicability, suspend law which is inconsistent with such
statutes or ordinances. This provision does not apply to earlier
legislation enacted by virtue of Articles 115c, 115e
or 115g.
(2) Statutes adopted by the Joint Committee, as well as
ordinances issued by virtue of such statutes, cease to have effect
not later than six months after the termination of a state of
defence.
(3) Statutes containing provisions that diverge from Articles
91a, 91b, 104a, 106 and 107
applies no longer than the end of the second fiscal year
following upon the termination of a state of defence. After
such termination they may, with the consent of the Senate, be
amended by federal legislation so as to return to the provisions
made in Sections VIIIa and X.
Article 115l [Repeal of extraordinary statutes and measures]
(1) The House of Representatives, with the consent of the
Senate, may at any time repeal statutes enacted by the Joint
Committee. The Senate may demand that the House of
Representatives make a decision on such matter. Any measures
taken by the Joint Committee or the Government to avert a
danger has to be revoked where the House of Representatives
and the Senate so decide.
(2) The House of Representatives, with the consent of the
Senate, may at any time declare a state of defence terminated
by a decision to be promulgated by the President. The Senate
may demand that the House of Representatives make a decision
on such matter. The state of defence has to be declared
terminated without delay where the prerequisites for its
declaration no longer exist.
(3) The conclusion of peace is subject to federal statute.