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Article 125a
[Continued applicability of federal law – Replacement by
Land law]
(1) Law that was enacted as federal law but that by virtue of
the amendment of paragraph (1) of Article 74, the insertion
of the seventh sentence of paragraph (1) of Article 84, the
second sentence of paragraph (1) of Article 85 or of the second
sentence of paragraph (2a) of Article 105, or because of
the repeal of Articles 74a, 75 or the second sentence of paragraph
(3) of Article 98 could no longer be enacted as federal
law, shall remain in force as federal law. It may be superseded
by Land law.
(2) Law that was enacted pursuant to paragraph (2) of Article
72 as it stood up to 15 November 1994 but which, because
of the amendment of paragraph (2) of Article 72, could no
longer be enacted as federal law shall remain in force as
federal law. A federal law may provide that it may be superseded
by Land law.
(3) Law that has been enacted as Land law but which, because
of the amendment of Article 73, could not be enacted any
longer as Land law shall continue in force as Land law. It
may be superseded by federal law.
Article 125b
[Continued applicability of framework laws –
Deviation power of the Länder]
(1) Law that was enacted pursuant to Article 75 as it stood up
to 1 September 2006, and which could be enacted as federal
law even after this date, shall remain in force as federal
law. The powers and duties of the Länder to legislate shall
in this regard remain unaffected. In the areas referred to in
the fi rst sentence of paragraph (3) of Article 72 the Länder
may enact regulations that deviate from this law; however,
in those areas covered by clauses 2, 5 and 6 of the fi rst sentence
of Article 72 the Länder may do so only if and insofar
as the Federation has made use of its power to legislate after
1 September 2006, in those areas covered by clauses 2
XI. Transitional and Concluding Provisions 118