EXCERPTS FROM THE BASIC LAW OF THE FEDERAL REPUBLIC OF GERMANY
Article 63 (Election of
the Federal Chancellor—Dissolution of the Bundestag)
(1) The Federal Chancellor
shall be elected, without debate, by the Bundestag upon the proposal of the
Federal President.
(2) The person obtaining
the votes of the majority of the members of the Bundestag shall be elected. The
person elected must be appointed by the Federal President.
(3) If the person
proposed is not elected, the Bundestag may elect a Federal Chancellor by more
than one‑half of its members within fourteen days of the ballot.
(4) If no candidate has
been elected within this period, a new ballot shall take place without delay,
in which the person obtaining the largest number of votes shall be elected. If
the person elected has obtained the votes of the majority of the members of the
Bundestag, the Federal President must appoint him within seven days of the election.
If the person elected did not obtain such a majority, the Federal President
must within seven days either appoint him or dissolve the Bundestag.
Article 64 (Appointment
of Federal Ministers)
(1) The Federal Ministers
shall be appointed and dismissed by the Federal President upon the proposal of
the Federal Chancellor.
Article 65 (Distribution
of responsibility)
The Federal Chancellor
shall determine, and be responsible for, the general policy guidelines. Within
the limits set by these guidelines, each Federal Minister shall conduct the
affairs of his department autonomously and on his own responsibility.
Article 67 (Vote of no‑confidence)
(1) The Bundestag can
express its lack of confidence in the Federal Chancellor only by electing a
successor with the majority of its members and by requesting the Federal
President to dismiss the Federal Chancellor. The Federal President must comply with
the request and appoint the person elected.
Article 68 (Vote of
confidence—Dissolution of the Bundestag)
(1) If a motion of the
Federal Chancellor for a vote of confidence is not assented to by the majority
of the members of the Bundestag, the Federal President may, upon the proposal
of the Federal Chancellor, dissolve the Bundestag within twenty‑one days.
The right to dissolve shall lapse as soon as the Bundestag with the majority of
its members elects another Federal
Chancellor.
Article 76 (Bills)
(1) Bills shall be
introduced in the Bundestag by the Federal Government or by members of the
Bundestag or by the Bundesrat.
(2) Bills of the Federal
Government shall be submitted first to the Bundesrat. The Bundesrat shall be
entitled to state its position on such bills within six weeks.
(3) Bills of the
Bundesrat shall be submitted to the Bundestag by the Federal Government within
three months. In doing so, the Federal Government must state its own view.
Article 77 (Procedure
concerning adopted bills—Objection of the Bundesrat)
(1) Bills intended to
become federal laws shall require adoption by the Bundestag. Upon their
adoption they shall, without delay, be transmitted to the Bundesrat by the
President of the Bundestag.
(2) The Bundesrat may,
within three weeks of the receipt of the adopted bill, demand that a mediation
committee for joint consideration of bills composed of members of the Bundestag
and members of the Bundesrat, be convened¼. Should the committee propose any
amendment to the adopted bill, the Bundestag must again vote on the bill.
(3) In so far as the
consent of the Bundesrat is not required for a bill to become a law, the
Bundesrat may, when the proceedings under paragraph (2) of this Article are
completed, enter an objection within two weeks against a bill adopted by the
Bundestag¼
(4) If the objection was
adopted with the majority of the votes of the Bundesrat, it can be rejected by
a decision of the majority of the members of the Bundestag. If the Bundesrat
adopted the objection with a majority of at least two‑thirds of its
votes, its rejection by the Bundestag shall require a majority of two‑thirds,
including at least the majority of the members of the Bundestag.
Article 83 (Execution of
federal laws by the Länder)
The Länder shall execute
federal laws as matters of their own concern in so far as this Basic Law does
not otherwise provide or permit.
Article 84 (Land
administration and Federal Government supervision)
(1) Where the Länder
execute federal laws as matters of their own concern, they shall provide for
the establishment of the requisite authorities and the regulation of
administrative procedures in so far as federal laws consented to by the
Bundesrat do not otherwise provide.
(2) The Federal
government may, with the consent of the Bundesrat, issue pertinent general
administrative rules.
Article 93 (Federal
Constitutional Court, competency)
(1) The Federal
Constitutional Court shall decide:
1. on the interpretation
of the Basic Law in the event of disputes concerning the extent of the rights
and duties of a highest federal organ or of other parties concerned who have
been vested with rights of their own by this Basic Law or by rules of procedure
of a highest federal organ;
2. in case of differences
of opinion or doubts on the formal and material compatibility of federal law or
Land law with this Basic Law, or on the compatibility of Land law with other
federal law, at the request of the Federal Government, of a Land government, or
of one‑third of the Bundestag members;
3. in case of differences
of opinion on the rights and duties of the Federation and the Länder, particularly
in the execution of federal law by the Länder and in the exercise of federal
supervision;
4. on other disputes
involving public law, between the Federation and the Länder, between different
Länder or within a Land, unless recourse to another court exists;
4a. on complaints of
unconstitutionality, which may be entered by any person who claims that one of his
basic rights or one of his rights under paragraph (4) of Article 20, under
Article 33, 38, 101, 103, or 104 has been violated by public authority;
4b. on complaints of
unconstitutionality, entered by communes or associations of communes on the ground
that their right to self‑government under Article 28 has been violated by
a law other than a Land law open to complaint to the respective Land
constitutional court;
5. in other cases
provided for in this Basic Law.
Article 94 (Federal
Constitutional Court, composition)
(1) The Federal
Constitutional Court shall consist of federal judges and other members. Half of
the members of the Federal Constitutional Court shall be elected by the
Bundestag and half by the Bundesrat. They may not be members of the Bundestag, the
Bundesrat, the Federal Government, nor of any of the corresponding organs of a
Land.
(2) The constitution and
procedure of the Federal Constitutional Court shall be regulated by a federal
law which shall specify in what cases its decisions shall have the force of
law. Such law may require that all other legal remedies must have been exhausted
before any such complaint of unconstitutionality can be entered, and may make
provision for a special procedure as to admissibility.