Article 116 [Definition of "a German," re-granting of
citizenship]
(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 [Temporary ruling for Article 3 (2) and Article 11]
(1) Law which is inconsistent with Article 3 (2) 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repealed by federal legislation.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-Baden and
Wuerttemberg-Hohenzollern]
A new delimination of the territory comprising the States of
Baden, Wuerttemberg-Baden and Wuerttemberg-Hohenzollern
may be effected, in derogation of the provisions of Article
29, by agreement between the States concerned. Where
no agreement is reached, the reorganization is effected by
federal legislation which provides for a plebiscite.
Article 118a [Berlin and 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
under participation of their electorate.
Article 119 [Ordinances about refugees and expellees]
In matters relating to refugees and expellees, in particular as
regards their distribution among the States, the Government
may, with the consent of the Senate, 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 authorities.
Article 120 [Occupation costs and burdens resulting from the
war]
(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 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, communes, associations of communes
or other entities performing functions of the States 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 of costs and other burdens caused by
the war, as regulated in this paragraph, shall 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 120a [Implementation of equalization of burdens
legislation]
(1) Statutes serving to implement the equalization of burdens
may, with the consent of the Senate, stipulate that they are
executed, as regards equalization benefits, partly by the
Federation and partly by the States 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; with the exception of urgent cases, its instructions has
to be given to the highest State authorities (State Equalization
Offices).
(2) The provisions of Article 87 (3) 2 are not affected
hereby.
Article 121 [Definition of "majority of the members"]
Within the meaning of this Constitution, a majority of the
members of the House of Representatives 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 hitherto existing]
(1) From the date of the assembly of the House of
Representatives, 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 (1), are dissolved with effect from that
date.
Article 123 [Continued validity of old law and previous
treaties]
(1) Law in force before the first assembly of the House of
Representatives 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, 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 125a [Old Federal Law as State Law]
(1) Law adopted as federal law which, because of changes in
Article 74 (1) or 75 (1), could no longer be
adopted as federal law continues to be federal law. It can be
replaced by State law.
(2) Law adopted on the basis of Article 72 (2) in the
version valid until 15 Nov., 1994 continues to be federal law.
Federal statutes can stipulate its replaceability by State law.
This provision applies mutatis mutandis for federal law adopted
on the basis of Article 75 (2) which could longer be
adopted.
Article 126 [Differences about 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 [Legislation of the 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 concerned. extend to the States 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 (5), 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; such decisions are published.
(2) Insofar as legal provisions which continue in force as State
law contain such authorizations, they are exercised by the
agencies competent under State law.
(3) Insofar as legal provisions within the meaning of
Paragraphs (1) and (2) 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 (1) and (2) apply mutatis
mutandis 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 law or treaties between States, 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, 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 nor based on treaties between
States 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 applies mutatis
mutandis 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 legislation.
Article 132 [Temporary revocation 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, 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 applies mutatis
mutandis also 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 (4).
(4) Details are specified by an ordinance of the Government
requiring the consent of the Senate.
Article 133 [Bi-zonal Economic Administration]
The Federation succeeds to the rights and obligations of the Bi-
zonal Economic Administration.
Article 134 [Reich Property to become federal 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 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. The Federation may also transfer
other property to the States.
(3) Property which was placed at the disposal of the Reich by
States or communes or associations of communes without
compensation again becomes the property of such States 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.
Article 135 [Succession to property of old States and corporate
bodies]
(1) Where after 8 May 1945 and before the coming into force
of this Constitution an area has passed from one State to
another, the State to which the area now belongs is entitled to
the property located therein of the State to which it belonged.
(2) Property of States 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 or the
corporate body or institution under public law which now
discharges these tasks.
(3) Real estate of States which no longer exist, including
appurtenances, passes to the State within which it is located,
insofar as it is not included among property within the meaning
of Paragraph (1).
(4) Where an overriding interest of the Federation or the
particular interest of an area so requires, a settlement other than
in Paragraphs (1) to (3) 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 or
corporate bodies or institutions under public law concerned, is
regulated by federal legislation requiring the consent of the
Senate.
(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 or a corporate body or
institution under public law pursuant to Paragraphs (1) to (3)
has been disposed of through or by virtue of a State 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 135a [Old Liabilities]
(1) The legislation reserved to the Federation in Article
134 (4) and in Article 135 (5) may also stipulate
that the following liabilities are not discharged, or not to their
full extent:
1. 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;
2. 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
number 1;
3. such liabilities of States 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 (1) above applies mutatis mutandis 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 and communes, and to liabilities arising from
measures taken by the German Democratic Republic or its legal
entities.
Article 136 [First assembly of the Senate]
(1) The Senate assembles for the first time on the day of the
first assembly of the House of Representatives.
(2) Until the election of the first President, his powers are
exercised by the President of the Senate. He does not have the
right to dissolve the House of Representatives.
Article 137 [Right of civil servants to stand for election]
(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 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, 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 (2), 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 of Baden, Bavaria, Wuerttemberg-Baden and
Wuerttemberg-Hohenzollern require the consent of the
governments of these States.
Article 139 [Continued validity of denazification provisions]
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 (3) 1 does not be applied in any State in which
different provisions of State 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 constitutions also remain in force as
guarantee basic rights in conformity with Articles 1 to
18 of this Constitution.
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 (2)
and must be compatible with the principles set out in Article
79 (3).
(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 (1) & (2) 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 143a [Changes of 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 (5) is applicable mutatis mutandis. 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 (2) 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 applies mutatis mutandis for tasks of railway traffic
administration. Details are regulated by federal statute
requiring the consent of the Senate.
Article 143b [Businesses of the Former 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 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 federal statute.
Article 144 [Ratification of the Constitution]
(1) This Constitution requires ratification by the parliaments of
two thirds of the German States 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 listed in Article 23 or in any part
thereof, such State or part thereof has the right to send
representatives to the House of Representatives in accordance
with Article 38 and to the Senate 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 [Duration of 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.