Article 116.(1) Unless otherwise provided by law, a German within the meaning of this Basic Law is a person who possesses German citizenship who has been admitted to the territory of the German Reich, as it existed on December 31, 1937, as a refugee or expellee of German stock or as the spouse or descendant of such person. (2) Former German citizens who between January 30, 1933 and May 8 1945, were deprived of their citizenship for political, racial or religious reasons, and their descendants, shall be re- granted German citizenship on application. They are considered as not having been deprived of their German citizenship if they have established their domicile in Germany after May 8, 1945 and have not expressed a contrary intention.
Article 117.(1) Law which conflicts with Article 3, paragraph 2, remains in force until adapted to this provision of the Basic Law, but not beyond March 31, 1953. (2) Laws which restrict the right of freedom of movement in view of the present housing shortage remain in force until repealed by Federal legislation.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.The reorganization of the territory comprising the Laender of Baden, Wuerttemberg-Baden and Wuerttemberg-Hohenzollern may be effected notwithstanding the provisions of Article 29, by agreement between the Laender concerned. If no agreement is reached, the reorganization, will be regulated by a Federal law which must provide for a referendum.
Article 119.In matters relating to refugees and expellees, in particular as regards their distribution among the Laender, the Federal Government with the consent of the Bundesrat issue ordinances having the force of law, pending settlement of the matter by Federal legislation. The Federal Government may in this matter be authorized to issue individual instructions for particular cases. Except where their is danger in delay, the instructions shall be addressed to the highest Land authorities.
Article 120* (Occupation costs and burdens resulting from the war)(1)** The Federation shall meet 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 I October 1969. the Federation and the Laender shall 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 Laender, communes. associations of communes or other entities performing functions of the Laender or the communes, the Federation shall not be obliged to meet expenditure of that nature even where it arises after that date. The Federation shall pay 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 Laender 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.
----------- * As amended by federal statutes of 30 July 1965 (Federal Law Gazette I p. 649) and of 28 July 1969 (Federal Law Gazette I p. 985). ** As amended by federal statute of 28 July 1969 (Federal Law Gazette I p 985). ----------
(2) Revenue shall pass to the Federation at the same time as the latter assumes responsibility for the expenditure referred to in this Article.
Added August 14, 1952.(1) Laws concerning the implementation of the equalization of burdens may, with the consent of the Bundesrat, stipulate that in the field of equalization benefits, they shall be executed partly by the Federation and partly by the Laender acting as agents of the Federation, and that the relevant powers vested in the Federal Government and the competent highest Federal authorities by virtue of Article 5 shall be wholly or partly delegated to the Federal Equalization Office. In the exercise of these powers the Federal Equalization Office shall not require the consent of the Bundesrat; with the exception of urgent cases, its instructions shall be given to the highest Land authorities (Land Equalization Offices). (2) The provisions of Article 87, paragraph 3, second sentence, shall not be affected hereby.
Article 121.Within the meaning of this Basic Law, a majority of the members of the Bundestag and of the Federal Convention is the majority of the number of their members established by law.
Article 122.(1) From the time of the first meeting of the Bundestag, laws shall be passed exclusively by the legislative organs recognized in this Basic Law . (2) Legislative bodies and bodies participating in legislation in an advisory capacity whose competence ends by virtue of paragraph 1, are dissolved from that date.
Article 123.(1) Law in force before the first meeting of the Bundestag remains in force, insofar as it does not conflict with the Basic Law. (2) Subject to all rights and objections of the interested parties, the State treaties concluded by the German Reich concerning matters for which, under this Basic Law, Land legislation is Competent remain in force, if they are and continue to be valid in accordance with general principles of law, until new State treaties are concluded by the agencies competent under this Basic Law, or until they are in any other way terminated pursuant to their provisions.
Article 124.Law affecting matters within the exclusive power to legislate of the Federation becomes Federal law wherever it is applicable.
Article 125.Law affecting matters within the concurrent power to legislate of the Federation becomes Federal law wherever it is applicable: 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 May 8, 1945.
Article 126.The Federal Constitutional Court decides disputes regarding the continuance of law as Federal law.
Article 127 .Within one year of the promulgation of this Basic Law the Federal Government may, with the consent of the governments of the Laender concerned, extend to the Laender of Baden, Greater Berlin, Rhineland- Palatinate and Wuerttemberg-Hohenzollern any legislation of the Bizonal Economic Administration, insofar as it continues to be in force as Federal law under Articles 124 or 125.
Article 128.Insofar as law continuing in force provides for powers to give instructions within the meaning of Article 84, paragraph 5, these powers remain in existence until otherwise provided by law.
Article 129.(1) Insofar as legal provisions which continue in force as Federal law contain an authorization to issue ordinances having the force of law or general administrative rules or to perform administrative acts, the authorization passes to the agencies henceforth competent in the matter. In cases of doubt, the Federal Government will decide in agreement with the Bundesrat; the decision must be published. (2) Insofar as legal provisions which continue in force as Land law contain such an authorization, it will be exercised by the agencies competent under Land law. (3) Insofar as legal provision within the meaning of paragraphs 1 and 2 authorize their amendment or supplementation or the issue of legal provisions in place of laws, these authorizations have expired. (4) The provisions of paragraphs I and 2 apply mutatis mutandis whenever legal provisions refer to regulations no longer valid or to institutions no longer in existence.
Article 130.(1) Administrative agencies and other institutions which serve the public administration or the administration of justice and are not based on Land law or treaties between Laender, as well as the Association of Management of Southwest German Railroads and the Administrative Council for the Postal Services and Telecommunications of the French Zone of Occupation, are placed under the Federal Government. The Federal Government provides with the consent of the Bundesrat for their transfer, dissolution or liquidation. (2) The highest disciplinary superior of the personnel of these administrations and institutions is the appropriate Federal Minister. (3) Bodies corporate and institutions of public law no directly under a Land and not based on treaties between Laender, are under the supervision of the appropriate highest Federal author.
Article 131.Federal legislation shall regulate the legal status of persons, including refugees and expellees, who on May 8, 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 employed 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 May 8, 1945 were entitled to a pension or other assistance and who no longer receive any assistance or any commensurate assistance for reasons other than those arising from civil service regulations or collective agreement rules. Until the Federal law comes into force, no legal claims can be made, unless otherwise provided by Land legislation.
Article 132.(1) Civil servants and Judges who, when the Basic Law comes into force, are appointed for life, may within six months after the first meeting of the Bundestag, be placed on the retired list or waiting list or be transferred to another one with lower remuneration, if they lack the personal or professional aptitude for their office. This provision applies mutatis mutandis also to salaried employees whose service cannot be terminated by notice. In the case of salaried employer whose services can be terminated by notice, periods of notice in excess of the periods fixed by collective agreement rules may be canceled within the same period. (2) This 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 unless there is an important reason with respect to their personality. (3) Those affected may have recourse to the courts in accordance with Article 19, paragraph 4. (4) Details will be regulated by an ordinance of the Federal Government which requires the consent of the Bundesrat.
Article 133.The Federation succeeds to the rights and obligations of the Bizonal Economic Administration.
Article 134.(1) Reich property becomes in principle Federal properly. (2) Insofar as the property was originally intended to be used predominantly for administrative tasks which, under this Basic Law, are no administrative tasks of the Federation, it shall be transferred without compensation to the authorities not charged with such tasks, and to the Laender insofar as it is being used at present, and not merely temporarily, for administrative tasks which under the Basic Law are now within the administrative functions of the Laender. The Federation may also transfer other property to the Laender. (3) Property which was placed at the disposal of the Reich by the Laender and communities (associations of communities) without compensation shall again become the property of the Laender and communities (community associations), insofar as it is not required by the Federation for its own administrative tasks. (4) Details will be regulated by a Federal law which requires the consent of the Bundesrat.
Article 135.(1) If after May 8, 1945, and before the coming into force of this Basic Law an area has passed from one Land to another, the Land to which the area now belongs is entitled to the property located therein of the Land to which it formerly belonged. (2) Property of Laender and other bodies-corporate and institutions under public law, which no longer exist, passes insofar as it was originally intended lo be used predominantly for administrative tasks or is being used at present, and not merely temporarily, predominantly for administrative tasks, to the Land or the body-corporate or institution under public law which now discharges these tasks. (3) Real estate of Laender which no longer exists, including appurtenances, passes to the Land within which it is located insofar as it is not included among property within the meaning of paragraph 1. (4) If an overriding interest of the Federation or the particular interest of an area so requires, a settlement deviating from paragraph 1 to 3 may be effected by Federal Law. (5) For the rest, the succession in law and the settlement of the property, insofar as it has not been affected before January 1 1952, by agreement between the Laender or bodies-corporate or institutions under public law concerned will be regulated by a Federal law which requires the counsel of the Bundesrat. (6) Interests of the former Land of Prussia in enterprises under private law pass to the Federation. A Federal law which may also deviate from this provision, will regulate details. (7) Insofar as, on the coming into force of the Basic Law, property which would fall to a Land or body-corporate or institution under public law pursuant to paragraph 1 to 3 had been disposed of through or under authority of a Land law or in any other manner by the party thus entitled, the passing of the property is deemed to have taken place before such disposition.
(amended 31 August 1990 & 23 September 1990)(1) The legislation reserved to the Federation in Article 134, paragraph (4), and Article 135, paragraph (5), may also stipulate that the following liabilities shall not be discharged, or not to heir full extent: 1. Liabilities of the Reich or liabilities of the former Land Prussia or liabilities of such other bodies-corporate and institutions under public law as no longer exist; 2. such liabilities of the Federation or other bodies-corporate 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 the same as arise from measures taken by the holders of rights defined under item 1; 3. such liabilities of Laender or communes (associations of communes) as have arisen from measures taken by these holders of rights before August 1, 1945, within the sphere of administrative functions incumbent upon, or delegated by, the Reich to comply with regulations of occupying Powers or to remove a state of emergency due to the war. (2) Paragraph 1 above shall be applied 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, Laender and communes (Gemeinden), and to liabilities arising from measures taken by the German Democratic Republic or its legal entities.
Article 136.(1) The Bundesrat assembles for the first time on the day of the first meeting of the Bundestag. (2) Until the election of the first Federal President his powers will be exercised by the President of the Bundesrat. He has not the right to dissolve the Bundestag.
Article 137.(1) The right of civil servants, of salaried employees of the public services, of professional soldiers, of temporary volunteer soldiers and of judges to stand for election in the Federation, in the Laender or in the communes may be restricted by legislation. (2) The Electoral Law to be adopted by the Parliamentary Council applies to the election of the first Bundestag of the first Federal Convention and of the first Federal President of the Federal Republic. (3) The function of the Federal Constitutional Court pursuant to Article 41, paragraph 2, shall, pending its establishment, be exercised by the German High Court for the Combined Economic Area, which shall decide in accordance with its rules of procedure.
Article 138.Changes in the rules relating to notaries as they now exist in the Laender of Baden, Bavaria, Wuerttemberg-Baden and Wuerttemberg- Hohenzollern, require the consent of the governments of these Laender.
Article 139.The provisions of law enacted for the liberation of the German people from National Socialism and Militarism are not affected by the provisions of this Basic Law.
Article 140.The provisions of Articles 136, 137, 138, 139 and 141 of the German Constitution of August 11, 1919, are an integral part of this Basic Law.
Article 141.Article 7, paragraph 3 first sentence, has no application in a Land in which different provisions of Land law were in force on January 1, 1949.
Article 142.Notwithstanding the provision of Article 31, such provisions of Land Constitutions as guarantee basic rights in conformity with Articles 1 to 18 of this Basic Law also remain in force.
Article 142a (Repealed)
Article 143**(1) Law in the territory specified in Article 3 of the Unification Treaty may deviate from provisions of this Basic Law 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 Basic Law 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 and 2 above, Article 41 of the Unification Treaty and the rules for its implementation shall 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 144.(1) This Basic Law requires ratification by the representative assemblies in two-thirds of the German Laender in which it is for the time being to apply. (2) Insofar as the application of this Basic Law is subject to restrictions in any Land listed in Article 23 or in any part of such Land, the Land or the part thereof has the right to send representatives to the Bundestag in accordance with Article 38 and to the Bundesrat in accordance with Article 50.
Article 145.(1) The Parliamentary Council shall note in public session, with the participation of the representatives of Greater Berlin, the ratification of this Basic Law and shall sign and promulgate it. (2) This Basic Law shall come into force at the end of the day of promulgation. (3) It shall be published in the Federal Gazette.
Article 146.(Duration of validity of the Basic Law) (amended by Unification Treaty of 31 August 1990 and federal statute 23 September 1990).
This Basic Law, which is valid for the entire German people following the achievement of the unity and freedom of Germany, shall cease to be in force on the day on which a constitution adopted by a free decision of the German people comes into force.
------------ Note: following is extract from the German Constitution of 11 August 1919 (Weimar Constitution) ------------
APPENDIX TO BASIC LAWArticles 136-137-138-139 and 141 of the Section "Religion and religious Associations" of the Weimar Constitution incorporated into the Basic law for the Federal Republic of Germany pursuant to Article 140 thereof.
Article 136. (Weimar Constitution)Civil and political rights and duties are neither dependent upon nor restricted by the practice of religious freedom. The enjoyment of civil and political rights, as well as admission to official posts, is independent of religious creed. No one is bound to disclose his religious convictions. The authorities have the right to make enquiries as to membership of a religious body only when rights and duties depend upon it, or when the collection of statistics ordered by law requires it. No one may be compelled to take part in any ecclesiastical act or ceremony, or the use of any religious form of oath.
Article 137. (Weimar Constitution)There is no state church. Freedom of association is guaranteed to religious bodies. There are no restrictions as to the union of religious bodies within the territory of the Federation. Each religious body regulates and administers its affairs independently within the limits of general laws. It appoints its officials without the cooperation of the Land, or of the civil community. Religious bodies acquire legal rights in accordance with the general regulations of the civil code. Religious bodies remain corporations with public rights in so far as they have been so up to the present. Equal rights shall be granted to other religious bodies upon application, if their constitution and the number of their members offer a guarantee of permanency. When several such religious bodies holding public rights combine to form one union this union becomes a corporation of a similar class. Religious bodies forming corporations with public rights are entitled to levy taxes on the basis of the civil tax rolls, in accordance with the provisions of Land law. Associations adopting as their work the common encouragement of a world-philosophy shall be placed upon an equal footing with religious bodies. So far as the execution of these provisions may require further regulation, this is the duty of the Land legislature. Article 138. (Weimar Constitution) Land connections with religious bodies, depending upon law, agreement or special legal titles, are dissolved by Land legislation. The principle for such action shall be laid down by the Federal Government. Ownership and other rights of religious bodies and unions to their institutions, foundations, and other properties devoted to purposes of public worship, education or charity, are guaranteed.
Article 139. (Weimar Constitution)Sundays and holidays recognized by the Land shall remain under legal protection as days of rest from work and for the promotion of spiritual purposes.
Article 141. (Weimar Constitution)Religious bodies shall have the right of entry for religious purposes into the army, hospitals, prisons, or other public institutions, so far as is necessary for the arrangement of public worship or the exercise of pastoral offices, but every form of compulsion must be avoided.