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.