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in this connection to regional, historical and cultural ties, economic effi ciency, and the requirements of local and regional planning. (2) Revisions of the existing division into Länder shall be effected by a federal law, which must be confi rmed by referendum. The affected Länder shall be afforded an opportunity to be heard. (3) The referendum shall be held in the Länder from whose territories or parts of territories a new Land or a Land with redefi ned boundaries is to be established (affected Länder). The question to be voted on is whether the affected Länder are to remain as they are or whether the new Land or the Land with redefi ned boundaries should be established. The proposal to establish a new Land or a Land with redefi ned boundaries shall take effect if the change is approved by a majority in the future territory of such Land and by a majority in the territories or parts of territories of an affected Land taken together whose affi liation with a Land is to be changed in the same way. The proposal shall not take effect if within the territory of any of the affected Länder a majority reject the change; however, such rejection shall be of no consequence if in any part of the territory whose affi liation with the affected Land is to be changed a two-thirds majority approves the change, unless it is rejected by a two-thirds majority in the territory of the affected Land as a whole. (4) If in any clearly defi ned and contiguous residential and economic area located in two or more Länder and having at least one million inhabitants one tenth of those entitled to vote in Bundestag elections petition for the inclusion of that area in a single Land, a federal law shall specify within two years whether the change shall be made in accordance with paragraph (2) of this Article or that an advisory referendum shall be held in the affected Länder. (5) The advisory referendum shall establish whether the changes the law proposes meet with the voters’ approval. The law may put forward not more than two distinct proposals for consideration by the voters. If a majority approves a proposed II. The Federation and the Länder 32
change of the existing division into Länder, a federal law shall specify within two years whether the change shall be made in accordance with paragraph (2) of this Article. If a proposal is approved in accordance with the third and fourth sentences of paragraph (3) of this Article, a federal law providing for establishment of the proposed Land shall be enacted within two years after the advisory ballot, and confi rmation by referendum shall no longer be required. (6) A majority in a referendum or in an advisory referendum shall consist of a majority of the votes cast, provided that it amounts to at least one quarter of those entitled to vote in Bundestag elections. Other details concerning referenda, petitions and advisory referenda shall be regulated by a federal law, which may also provide that the same petition may not be fi led more than once within a period of fi ve years. (7) Other changes concerning the territory of the Länder may be effected by agreements between the Länder concerned or by a federal law with the consent of the Bundesrat, if the territory that is to be the subject of the change has no more than 50,000 inhabitants. Details shall be regulated by a fede ral law requiring the consent of the Bundesrat and of a majority of the Members of the Bundestag. The law must provide affected municipalities and counties with an opportunity to be heard. (8) Länder may revise the division of their existing territory or parts of their territory by agreement without regard to the provisions of paragraphs (2) to (7) of this Article. Affected municipalities and counties shall be afforded an opportunity to be heard. The agreement shall require confi rmation by referendum in each of the Länder concerned. If the revision affects only part of a Land’s territory, the referendum may be confi ned to the areas affected; the second clause of the fi fth sentence shall not apply. In a referendum under this paragraph a majority of the votes cast shall be decisive, provided it amounts to at least one quarter of those entitled to vote in Bundestag elections; details shall be regulated by a II. The Federation and the Länder 33
Page 2 and 3: Basic Law for the Federal Republic
Page 4 and 5: Contents
Page 6 and 7: Art. 33 [Equal citizenship - Public
Page 8 and 9: Art. 87b [Federal Defence Administr
Page 10 and 11: Art. 125b [Continued applicability
Page 13 and 14: Preamble Conscious of their respons
Page 15 and 16: Article 1 [Human dignity - Human ri
Page 17 and 18: Article 7 [School system] (1) The e
Page 19 and 20: Article 11 [Freedom of movement] (1
Page 21 and 22: of German citizens to abandon their
Page 23 and 24: Article 16 [Citizenship - Extraditi
Page 25 and 26: freedom of movement (Article 11) an
Page 27 and 28: Article 20 [Constitutional principl
Page 29 and 30: The Federal Government shall keep t
Page 31: Article 27 [Merchant fl eet] All Ge
Page 35 and 36: (4) The exercise of sovereign autho
Page 37 and 38: III. The Bundestag 37
Page 39 and 40: Article 41 [Scrutiny of elections]
Page 41 and 42: Bundestag in exercising parliamenta
Page 43 and 44: IV. The Bundesrat 43
Page 45 and 46: Article 53 [Attendance of members o
Page 47 and 48: Article 53a [Composition - Rules of
Page 49 and 50: Article 54 [Election - Term of offi
Page 51 and 52: federal law. In the case of executi
Page 53 and 54: Article 62 [Composition] The Federa
Page 55 and 56: Article 68 [Vote of confi dence] (1
Page 57 and 58: Article 70 [Division of powers betw
Page 59 and 60: 6a. the operation of railways wholl
Page 61 and 62: 15. the transfer of land, natural r
Page 63 and 64: particularly urgent, it may submit
Page 65 and 66: Article 78 [Passage of federal laws
Page 67 and 68: international body within the frame
Page 69 and 70: VIII. The Execution of Federal Laws
Page 71 and 72: that Land has violated the law. The
Page 73 and 74: which the Federation has legislativ
Page 75 and 76: e provided by foreign air navigatio
Page 77 and 78: single Land, the Federation on its
Page 79 and 80: VIIIa. Joint Tasks 79
Page 81 and 82: (2) The Federation and the Länder
Page 83 and 84:
IX. The Judiciary 83
Page 85 and 86:
4b. on constitutional complaints fi
Page 87 and 88:
(4) The Federation may establish fe
Page 89 and 90:
individual (Article 25), the court
Page 91 and 92:
X. Finance 91
Page 93 and 94:
orne by those Länder which have ca
Page 95 and 96:
3. the motor vehicle tax; 4. such t
Page 97 and 98:
in the revenue from the tax on trad
Page 99 and 100:
governing the claims of Länder ent
Page 101 and 102:
ation and Länder may introduce rul
Page 103 and 104:
Article 111 [Interim budget managem
Page 105 and 106:
(2) Revenues and expenditures shall
Page 107 and 108:
Article 115a [Declaration of state
Page 109 and 110:
Article 115d [Urgent bills] (1) Dur
Page 111 and 112:
state of defence, and the exercise
Page 113 and 114:
XI. Transitional and Concluding Pro
Page 115 and 116:
Article 118a [New delimitation of B
Page 117 and 118:
(2) Legislative bodies and institut
Page 119 and 120:
and 5 beginning at the latest on 1
Page 121 and 122:
provisions no longer in force or to
Page 123 and 124:
Article 134 [Succession to Reich as
Page 125 and 126:
y them before 1 August 1945 within
Page 127 and 128:
Article 143 [Duration of deviations
Page 129 and 130:
1. fi xed annual payments the amoun
Page 131 and 132:
(2) Insofar as the application of t
Page 133 and 134:
Religion and Religious Societies Ar
Page 135:
Published by: German Bundestag Publ
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