Constitution of the German Democratic Republic (1949)
|Constitution of the German Democratic Republic (1949)|
1949 constitution was proclaimed alongside with the proclamation of the German Democratic Republic on October 7th 1949.
- 1 Constitution of the German Democratic Republic
- 1.1 Preamble
- 1.2 A. Bases of the government authority
- 1.3 B. Contents and borders of the government authority
- 1.4 C. structure of the government authority
- 1.4.1 I. Representative government of the republic
- 1.4.2 II. Agency of the countries
- 1.4.3 III. Legislation
- 1.4.4 IV. Government of the republic
- 1.4.5 V. President of the republic
- 1.4.6 VI. Republic and Länder
- 1.4.7 VII. Administration of the republic
- 1.4.8 VIII. Justice
- 1.4.9 IX. Autonomy
- 1.4.10 X. Transition and final clauses
Constitution of the German Democratic Republic
By the will to fulfill to guarantee the liberty and the rights of humans, to arrange the community and economic life in social justice and to serve social progress, to promote the friendship with other people and to secure the peace, the German people gave themselves this condition.
ARTICLE 1 (1) Germany is an indivisible democratic republic, based on the German states.
(2) The republic decides all affairs, which are substantial for the existence and the development of the German people in its whole; all remaining affairs are independently decided from the states.
(3) The decisions of the republic are implemented in principle by the states.
(4) There is only one German citizenship.
ARTICLE 2 (1) The colors of the German Democratic Republic are black-red-golden.
(2) The capital of the republic is Berlin.
(1) All government authority proceeds from the people.
(2) Each citizen has the right and the obligation for codesigning in his municipality, its circles, its country and in the German Democratic Republic.
(3) The right of codetermination of the citizens perception through: Participation in referendum and popular votes; Practice of the active and passive right to vote; Transfer public offices to administration and iurisdiction.
(4) Each citizen has the right to address inputs to the representative government.
(5) The government authority must well-being of the people, the liberty, who serve peace and democratic progress.
(6) In the public service transacting are servants of the whole and not a party. Their activity is supervised by the representative government.
(1) All measures of the government authority must correspond to the principles, which are avowed in the condition as contents of the government authority. On the constitutionality of the measures the representative government decides in accordance with article 68 of this condition. Against measures, which contradict the resolutions of the representative government, everyone has the right and the obligation to the resistance.
(2) Each citizen is obligated to act in the sense of the condition and to defend her against its enemies.
(1) The generally recognized rules of international law bind the government authority and each citizen.
(2) The maintenance and keeping of friendly relations with all peoples is the obligation of the government authority.
(3) No citizen may participate in martial actions, which serve the suppression of a people
I. Fundamental rights of the citizen
(1) All citizens are equal before the law.
(2) Boycott agitation against democratic mechanisms and organizations, murder agitation against democratic politicians, stating of faith, race, people hate, militaristic propaganda as well as Kriegshetze and all other actions, which are directed against the equal rights, are crimes in the sense of the penal code. Practice of democratic rights in the sense of the condition is not boycott agitation.
(3) Whosoever is punished for committing these crimes, can be active neither in the public service nor in leading places in the economic and cultural life. They loses the right to be elected and to vote.
(1) Man and woman are equal.
(2) All laws and regulations, which oppose the equal rights of the woman, are waived.
(1) Personal liberty, inviolability of the dwelling, and of personal effects and papers, and the right to establish oneself at any place are ensured. The government authority can limit these liberties only due to for all citizen valid laws or extract.
(1) All citizens have the right to express within the barriers for all valid laws their opinion freely and publicly and for this purpose peacefully and unarmed meet. This liberty is limited by no serving or employer-employee relationship; nobody may be disadvantaged, if it makes use from this right.
(2) A press censorship does not take place.
(1) No citizen may be delivered to a foreign power.
(2) Foreign citizens neither are delivered nor proven, if they are abroad pursued because of their fight for the principles laid down in this condition.
(3) Each citizen is entitled to emigrate. This right can be limited only by law of the republic.
(1) The fremdsprachigen Volksteile of the republic are to be promoted by legislation and administration in its free popular development; they may in particular at the use of their native language in instruction, in which internal administration and in the justice are not prevented.
(1) All citizens have the right to form associations or societies for purposes, which do not run contrary to the law.
(1) Combinations, which are determined the democratic organization of the public life on the basis of this condition statutory first vines and their organs by their members, are entitled, choice suggestions for the representative governments of the municipalities to submit circles and countries.
(2) Choice suggestions for the People's Chamber may set up only the combinations, which covers the democratic organization of the national and social life of the entire Republic of first vines and their organization the whole national territory after its statute.
(1) The right combinations for the promotion wage and of the conditions of work to belong, is ensured for everyone. All agreements and measures which seek to limit or obstruct this liberty, are illegal and forbidden.
(2) The right to strike of the trade unions is ensured.
(1) The worker is protected by the state.
(2) The right to work is guaranteed. The state secures work and living costs for each citizen by economic control. As far as cannot be proven to the citizen appropriate work opportunity, for his necessary maintenance one provides.
(1) Each working has the right to recovery, on annual vacation against Entgeld, on supply with illness and at the age.
(2) Sunday, the holidays and the 1. May are days of the work peace and stand under the protection of the laws.
(3) The preservation of the health and ability to work of the working population, which protection against the economic consequences of age, disablement, unemployment and other cases of change of the life a uniform, comprehensive social security nature on the basis of the autonomy of the insured ones serves the maternity and the supply.
(1) The regulation of production as well as wage and the conditions of work in the enterprises takes place under relevant participation of the workers and employees.
(2) The workers and employee notice these rights by trade unions and work councils.
(1) The republic shall create a uniform industrial law, a uniform labour jurisdiction and uniform industrial safety under relevant participation of the workers.
(2) The conditions of work must be so constituted that the health, which cultural requirements and the family life of the workers is secured.
(3) The Arbeitsentgeld must correspond to the achievement and ensure a human being-worthy existence for the workers and its members entitled to maintenance.
(4) Man and woman, adults and young people have the right to equal wages for equal work.
(5) The woman enjoys special protection in the employer-employee relationship. Mechanisms are created by law of the republic, which ensure it that the woman can agree upon their task as citizen and works with their obligations as woman and a mother.
(6) The youth is protected from exploitation and their moral, physical and mental well-being are protected. Child labour is forbidden.
II. Economic system
(1) The order of the economic life must correspond to the principles of social justice; it must secure a human being-worthy existence for all.
(2) The economy has to serve well-being of the whole people and the covering of its need; it has to secure everyone one its achievement appropriate portion of the result of production.
(3) In the context of these tasks and goals the economic liberty of the particular is to be ensured.
ARTICLE 20 (1) Farmers, trade and manufacturing ones are to be supported in the development of their private initiative. The genossenschaftliche self-help is to be developed.
(1) To the safety device of the base of life and for the increase of the prosperity of its citizens the state sets up the public economic plan by the legislative organs, under direct cooperation of its citizens. The monitoring of its execution is task of the representative governments.
(1) the property is ensured by the condition. Its contents and its barriers result from the laws and the social obligations in relation to the community.
(2) That vomit in accordance with condition of the civil right one ensures. The portion of the state of the inheritance is determined by law.
(3) The mental work, the right of the authors, the inventor and the artist enjoy the protection, the promotion and the welfare service of the republic.
(1) Restrictions of the property and expropriations can be made only for the well-being of the public and on legal basis. They do not take place against appropriate remuneration so far the law different one betimmt. Because of the height of the remuneration the course of law is to be kept open with the tidy laws in the controversy, as far as a law does not determine different one.
(1) Property obligates. Its use may not run contrary to the public interest.
(2) The abuse of property by reason of economically powerful position for the damage of the public interest entails the remunerationless expropriation and transfer into the property of the people.
(3) The enterprises of the war criminals and active national socialists are expropriated and revert to national property. The same applies to private enterprises, which place themselves into the service of war politics.
(4) All private monopoly organizations, like trusts, syndicates, companies, trusts and the like on profit increase by production, price and market regulations arranged private organizations are waived and forbidden.
(5) The private large-landed property, which covers more than 100 hectares, is dissolved and without remuneration is divided.
(6) After execution of this land reform the farmers the private property at its soil is ensured.
(1) All Bodenschätze, all economically usable natural forces as well as too their utilization determined enterprises of the mining industry, the iron and steelmaking and the energy industry are in national property to be transferred.
(2) Up to then their use of the supervision of the States and, as far as all-German interests are applicable, the supervision of the republic is subordinate.
(1) The distribution and use of the soil is supervised and each abuse is prevented. The increase in value of the soil, which develops without work and capital expenditure for property, is to be made usable for the whole.
(2) For each citizen and their family appropriate dwelling is to be secured. Victims of fascism, handicapped persons, war-displaced and resettlers are to be prefered in such considerations.
(3) The preservation and promotion of the yield security of the agriculture are ensured also by landscape design and landscape conservation.
(1) Private economical enterprises, which are suitable for the socialization, can be transferred by law according to the regulations in common property, valid for the expropriation.
(2) Due to a law can the republic, which States, which becomes secured circles or municipalities, by participation in the administration or in other way a determining influence on enterprises or federations.
(3) Economical enterprises and federations on the basis of the autonomy can be united by law, in order to secure the co-operation of all creative Volksteile to take part workers and entrepreneurs in the administration and to production, production, distribution, use, to regulate price structuring as well as retracting and extending economic goods after in common-economical principles.
(4) The consumer, acquisition and producers' and consumers' cooperative societies as well as the agricultural cooperatives and their combinations are to be integrated with consideration of its condition and characteristic into the social economy.
(1) The sale and load of landed property, manufacturing plants and participation, which are in the property of the people, require the agreement of the representative government responsible for their legal entity. This agreement can be given only with two thirds of the legal number of members.
(1) The fortune and the income are taxed progressively on the basis of social criteria with special consideration of the family loads.
(2) With the taxation consideration is to be particularly taken on compiled ability and coming in.
III. Family and maternity
(1) Before and family educate the basis of the community life. They stand under the protection of the state.
(2) Laws and regulations, which impair the equal rights of man and woman in the family, are waived.
(1) The education of the children too mentally and physically efficient humans in the spirit of the democracy is the natural right of parents and their highest obligation in relation to the society.
(1) The woman has requirement on special protection and welfare service of the state during the maternity.
(2) The republic issues a maternity law. Mechanisms to the protection for nut/mother and child are to be created.
(1) Aussereheliche birth may do neither the child nor its parents to the disadvantage.
(2) Opposing laws and regulations are waived.
(1) The art, the science and its teachings are free.
(2) The state takes at their maintain-hurries and grants them protection, in particular against the abuse for purposes, which contradict the regulations and the spirit of the condition.
(1) Each citizen has the same right to education and to free choice of his occupation.
(2) The education of the youth as well as the mental and technical further training of the citizens become secured in all areas of the national and social life by the public mechanisms.
(1) The mechanisms of the public public education and the execution of the Schulunterrichtes are incumbent on the countries. The republic issues for this uniform legal basic regulations. The republic can create even public school furnitures.
(2) For the training of the teachers the republic issues uniform regulations. The training takes place at universities or at them universities on an equal footing.
(1) The school educates the youth in the spirit of the condition too independently thinking, consciously acting humans, who are able and ready to arrange themselves in the life of the community.
(2) As Mittlerin of the culture the school has the task to educate the youth in the spirit of peaceful and friendly living together of the peoples and a genuine democracy to true humanity.
(3) Parents participate in the school education of their children by parents advisers.
(1) General compulsory schooling exists up to completed 18. Lebensjahr. After completion of the primary school mandatory for all children the further training takes place in the vocational school or technical school, in the high school and other public educational facilities. The attendance of the vocational school is obligation of all young people up to completed 18. Lebensjahre, if they do not visit other school. Privatschulen as replacement for public schools are inadmissible.
(2) The occupation and technical schools serve the general and vocational further training.
(3) The high school prepares for the university. The way to the university leads however not only across the high school, but also across other public educational establishments, which are to develop for this purpose or be created.
(4) The attendance of the university is to be made possible for all citizen by institutes for preliminary study.
(5) The possibility is given to the member of all layers of the people, without acquiring interruption of their professional activity of knowledge in people's highschools.
(1) The possibility for the all-round development of its physical, mental and moral forces must be given to each child. The Bildungsgang of the youth may not be dependent on the social and economic situation of the parents' house. Rather is children, who are disadvantaged by social conditions to turn special attention. The attendance of the technical school, the high school and the university is to be made possible talented ones from all layers of the people.
(2) There is free school liberty. The learning aids at the compulsory schools are free. The attendance of the technical school, high school and university is promoted in the case of need by maintenance aids and other measures.
(1) The religious education is affair of the religious communities. The practice of the right is ensured.
V. Religion and religious communities
(1) Each citizen enjoys full freedom of conscience and faith. Their unimpaired worship stands under the protection of the republic.
(2) Mechanisms of religious communities, religious actions and the religious education may not be abused for unconstitutional or party-political purposes. However the right of the religious communities remains to take to the life questions of the people of their point of view from positions undisputed.
(1) Neither private or civic rights and obligations are due nor limited to the place of worship .
(2) The practice of private or civic rights or the permission to the public service is to be independent of the religious confession.
(3) Nobody is obligated to reveal their religious conviction. The administrative organs have only to that extent the right to ask for the affiliation to a religious community when on it rights or obligations depend or this requires a legally arranged statistic collection.
(4) Nobody may be forced to a church action or ceremony or to the participation in religious exercises or to the use of a religious oath formula.
(1) There is not a national church. The liberty of association of religious communities is ensured.
(2) Each religious community arranges and administers its affairs independently in accordance with condition for all valid laws.
(3) Religious communities remain bodies of the public sphere, as far as they were it so far. Other religious communities receive on their request same rights, if they guarantee of the duration by their condition and the number of their members. If several such public religious communities unite to a federation, then also this federation is a public body.
(4) The public religious communities are entitled to raise from their members taxes due to the national tax lists in accordance with condition of the general regulations. (5) Religious communities become combinations on an equal footing, which make the joint care of a world view it's duty.
(1) The right of the church to distribution of religious education in the areas of the school is ensured. The religious education is given by the forces selected by the church. Nobody may be forced or prevented to give religious education. Over the participation in the religious education the educate-entitled determine.
(1) The public achievements to the religious communities, which are based on law, contract or special just titles, are replaced by law.
(2) The property as well as other rights of the religious communities and religious associations at their for cult US, instruction and charity purposes certain institutes, donations and other fortunes are ensured.
(1) So far the need after service and Seelsorge in hospitals, penal establishments or other public institutes exists, is the religious communities certified to the Vornahme of religious actions. Nobody may be forced to the participation in such actions.
(1) Someone who wants to withdraw from a religious community of public right with civil effect, has to explain the withdrawal with court or as single explanation in publicly certified form submit.
(1) The decision over the affiliation from children to a religious community is entitled to the educate-entitled up to their completed four tenth Lebensjahr. From there on the child decides on his affiliation to a religion or a world view community.
VI. Effectiveness of the fundamental rights
(1) As far as this condition permits the restriction one of the managing fundamental rights by law or reserves the closer arrangement a law, the fundamental right must remain untouched as such.
I. Representative government of the republic
(1)People's Chamber is the highest organ of the republic.
(1) The people's chamber consists of the delegates of the German people.
(2) The delegates are selected in the long run in general, same, direct and secret choice after the principles of the elections on the basis of proportional representation right by four years.
(3) The delegates are representatives of the whole people. They are subjected only to their conscience and not bound to orders.
(1) All citizens, those are entitled to vote 18. Lebensjahr completed.
(2) Each citizen, that is selectable 21. Lebensjahr completed.
(3) The people chamber consists of 400 delegates. The details determine an electoral law.
(1) Choice suggestions on the people chamber can be submitted only by such combinations, which correspond to the conditions article 13 of the exp. 2.
(2) Details are determined by a law of the republic.
(1) The choice takes place at a Sunday or a legal holiday. Freedom of election and secrecy of the vote are ensured.
(1) The people's chamber steps at the latest to 30. Days after the choice one calls up together, case it not by the past presidency in former times.
(2) the president must call up the people chamber, if government or at least one fifth of the delegates of the people chamber requires it.
(1) At the latest to 60 Days at expiration of the electoral period or to 45 Days after dissolution of the people chamber their new election must take place.
(2) Before expiration of the electoral period a dissolution of the people chamber, apart from the case of the article 95 exp. 6, takes place only by own resolution or popular vote.
(3) The dissolution of the people chamber by own resolution requires the agreement of more than half the legal number of the delegates.
(1) The people chamber selects the presidency with its first meets and gives themselves an agenda.
(2) In the presidency each parliamentary group is represented, as far as it has at least 40 members.
(3) The presidency consists of the president, its deputies and the assessors.
(4) The president leads the business of the presidency and leads the negotiations of the people chamber. It exercises the house right in the people chamber.
(1) The resolutions of the presidency are seized by a majority of votes.
(2) The presidency is resolutionable, if half of its members is present at least.
(3) On resolution of the presidency the acting president calls up the people chamber; it fixes the date for new elections on.
(4) The presidency leads its business away up to meets the new people chamber.
(1) The people chamber examines the right of the membership and decides on the validity of the elections.
(1) The people chamber orders for the time, in which it is not met, and after completion of an electoral period or after the dissolution of the people chamber three constant committees for the perception of its tasks: a committee for general affairs, a committee for financial questions and economics, a committee for foreign affairs.
(2) These committees the rights of committees of inquiry.
(1) The people chamber seizes its resolutions by a majority of votes, as far as in this condition is not certain something else.
(2) It is resolutionable, if more than half of their members is present.
(1) The negotiations of the people chamber and its committees are public. An exclusion of the public takes place on demands of two thirds of the present arranging; in the committees the majority of the members is necessary.
(2) For truthful reports on public meetings of the people chamber or its committees nobody can be pulled for responsibility.
(1) To the competence belong to the people chamber: the determination of the principles of the government politics and its execution; the determination of the principles of the administration and the monitoring of the entire activity of the state; the right for legislation, as far as a popular vote does not take place; the adoption of resolutions over the national budget, the economic plan, loans and national credits of the republic and the agreement to conventions; the decree of amnesties; the choice of the president of the Republic of common with the land chambers; the choice of the members of the highest Court of Justice of the republic and the highest state lawyer of the republic as well as their recall.
(1) The presence of the Prime Minister, each Minister, their Permanent Representatives can require the people chamber and everyone of their committees and the directors/conductors of the administrations of the republic for the purpose of the distribution of information. The members of the government and of them ordered assigned have to the meetings of the people chamber and its committees at any time the admission.
(2) On their demand the government representatives must be heard during the consultation also outside of the agenda.
(3) They are subordinate to the order force of the president.
(1) For the monitoring of the activity of the state organs the people chamber has the right and on request of a fifth of the legal number of the delegates the obligation to use committees of inquiry. These committees raise the proofs, which consider them or the applicants necessary. It can for this purpose assigned to send.
(2) The courts and the administrations are obligated to carry out for the request of these committees or their assigned one for proof collection consequence and to submit their documents on demands to the inspection.
(3) For the proof collection of the committees of inquiry the regulations of the code of criminal procedure find appropriate application.
(1) The people chamber forms a constitution committee for the duration of the electoral period, in which all parliamentary groups are represented according to their strength. Three members of the highest Court of Justice of the republic as well as three German public law teachers belong furthermore to the constitution committee, which may not be members of the people chamber.
(2) The members of the constitution committee are selected by the people chamber.
(3) The constitution committee examines the constitutionality of laws of the republic.
(4) Doubts about the constitutionality of laws of the republic can be made valid only by at least one third of the members of the people chamber, by their presidency, by the president of the Republic of, by the government of the republic, as well as by the land chamber.
(5) The constitution committee under consultation with three selected representatives of the land chamber examines condition disputes between the republic and the countries as well as the compatibility of Landesgesetzen with the laws of the republic.
(6) On the appraisal of the constitution committee the people chamber decides. Their decision is obligatory on everyone.
(7) The people chamber decides also over the execution of its decision.
(8) The statement of the unconstitutionality of government and administrative actions is task of the people chamber in execution it transferred administrative control.
(1) No delegate of the people chamber may be pursued at any time because of its tuning or because of the expressions getanenen in practice of its delegate activity judicially or officially or be pulled otherwise outside of the meeting for responsibility. This does not apply to slandering in the sense of the penal code, if they were determined as such of a committee of inquiry of the people chamber.
(2) Restrictions of the personal liberty, house searches, seizing or prosecutions are permissible against arranging only with consent of the people chamber.
(3) Each criminal procedure against an arranging of the people chamber and each detention or other restriction of its personal liberty is waived on demands of the house, to which the delegate belongs, for the duration of the parliamentary session.
(4) As well as the arranging of the people chamber are entitled, over persons, them in its characteristic as arranged facts entrust or to those them in practice of their occupation of arranging such facts entrusted over these facts themselves the statement to refuse. Also because of the seizure of documents they stand for the persons directly, who have a legal right to refuse to give evidence.
(5) An investigation or a seizure may be made in the areas of the people chamber only with agreement of the presidency.
(1) Delegates of the people chamber do not require its activity of vacation for practice.
(2) The vacation necessary for the preparation of the choice is to be granted to applicants around a seat in the people chamber.
(3) Content and wages are to be further-paid extra.
(1) The delegates of the people chamber receive a taxfree representational allowance.
(2) A renouncement of the representational allowance is inadmissible.
(3) The requirement on representational allowance is transferable and not seizable.
(1) The delegates have the right to the free travel on all public means of transport.
II. Agency of the countries
(1) For the agency of the German countries a land chamber is formed. In the land chamber each country for 500,000 inhabitants each has a delegate. Each country has at least one delegate.
(1) The delegates of the land chamber are selected in the long run by the land days in the relationship of the strength of the parliamentary groups the electoral period the federal state parliament. The delegates of the land chamber should be usually members of the federal state parliament.
(2) Federal state parliament determine the will of the country to in the land chamber to discussing affairs. The regulations of the land conditions over the freedom of conscience of the delegates remain thereby unaffected.
(1) The land chamber selects its presidency and gives themselves an agenda. The presidency consists of the president, its deputies and the assessors.
(1) The land chamber is called up by the president, as soon as this is necessary for the completion of their tasks.
(2) The land chamber is henceforth called up, if a fifth of their members requires it.
(1) The meetings of the land chamber are public. In accordance with condition of the agenda the public for individual consulting articles can be excluded.
(1) During the tuning in the land chamber the simple majority of votes decides, as far as this condition does not contain other regulations.
(1) The land chamber can educate the necessary committees in accordance with condition of the agenda.
(1) The land chamber has the right to bring in law collecting mains with the people chamber. It has a right of veto during the legislation in accordance with condition article 84 of the condition.
(1) The members of the government of the republic and the federal state governments have the right and on demands of the land chamber the obligation to participate in the negotiations of the land chamber and its committees. They must be belonged on their demand to the article standing for negotiation at any time.
(2) The people chamber can assign delegates from their center with special cause to state the opinion of the people chamber in the land chamber; the same right is entitled to the land chamber for the statement of its opinion in the people chamber. The land chamber can assign members of the federal state governments if necessary to state the point of view of their government in the people chamber.
(1) The articles 67 FF of this condition over the rights of the delegates of the people chamber apply accordingly to the delegates of the land chamber.
(1) The laws are decided directly by the people chamber or by the people by popular vote.
(1) The law collecting mains are brought in by the government, by the land chamber or from the center of the people chamber. Over the bills at least two readings take place.
(1) The condition can be changed in the way of the legislation.
(2) Resolutions of the people chamber on alteration of the condition come off only if two thirds of the delegates are present and if at least two thirds of the present delegates agree.
(3) If a constitutional amendment is to be decided by popular vote, then the agreement of the majority of the voters is necessary.
(1) Against law resolutions to the land chamber a right of veto is entitled to the people chamber. The objection must be brought in within two weeks after the final vote in the people chamber and be provided at the latest within two further weeks with reasons. Otherwise it is accepted that the land chamber of their right of veto does not make use.
(2) The objection becomes void, if the people chamber maintains its resolution after renewed consultation.
(3) If the objection of the land chamber with a majority was decided by two thirds of the co-ordinating delegates, then it becomes void only if the people chamber maintains its resolution with a majority of two thirds of the co-ordinating delegates.
(4) If the objection of the land chamber is directed against a law resolution containing a constitutional amendment of the people chamber, then the adoption of resolutions requires the delegate of a majority of two thirds of the co-ordinations over the objection in the land chamber with presence of at least two thirds.
(5) The objection becomes void, if the people chamber maintains its resolution with the majority of their delegates prescribed for constitutional amendments.
(1) The president of the people chamber has to execute those constitutionally come laws within a monthly. They are announced immediately by the president of the Republic of in the law gazette of the republic.
(2) The execution and announcing do not take place, if within period of one month the unconstitutionality of the law were determined in accordance with article 66.
(3) Laws step, as far as they determine nothing else, to 14. Days after announcing into force.
(1) The execution and announcing of a law are to be suspended around two months, if it requires a third of the delegates of the people chamber.
(2) The law is to be executed at expiration of this term and announced, if a referendum on popular vote is not accomplished against the decree of the law.
(3) Laws, which explain the majority of the members of the people chamber for urgent, must be executed and announced regardless of this demand.
(1) A law, whose announcing on request of at least one third is exposed to the delegate of the people chamber, is to be submitted to the popular vote, if a twentieth of the voters requests it.
(2) To cause furthermore popular vote is, if a tenth of the voters or if it recognized parties or mass organizations which make convincing that they represent a fifth of the voters, it request (referenda).
(3) A bill is to be put to the referendum at the basis. It is to be submitted by the government under statement of its statement of the people chamber.
(4) The popular vote takes place only if the desired law is not accepted in the people chamber in a version, with which the applicants or their agencies agrees.
(5) Over the budget, over the delivery laws and the pay regulations no popular vote takes place.
(6) That the popular vote submitted law is accepted, if the majority of the co-ordinations agreed.
(7) The procedure with the referendum and popular vote regulates a special law.
(1) The budget and the economic plan are decided by law.
(2) Amnesties require a law.
(3) Conventions, which refer to thes subject of the legislation, are to be announced like laws.
(1) Duly announced laws are not to be examined by the judges for their constitutionality.
(2) After introduction of the test procedure planned in article 66 pending judicial procedures are to be suspended up to its completion. ARTICLE 90 (1) The general administrative regulations necessary for the execution of the laws of the republic, as far as the laws determine nothing else, from the government of the republic will issue.
IV. Government of the republic
(1) The government of the republic consists of the Prime Minister and the Ministers.
(1) The strongest parliamentary group of the people chamber designates the Prime Minister; it educates the government. All parliamentary groups, as far as they have at least 40 members, are represented in relation to their strength by Ministers or undersecretaries of state. Undersecretaries of state participate with advisory voice in the meetings of the government.
(2) If a parliamentary group excludes itself, then the formation of a government without it takes place.
(3) The Ministers should be delegates of the people chamber.
(4) The people chamber confirms the government and approves of the program submitted by it.
(1) The members of the government are upon oath obligated with its assumption of office by the president of the Republic of to lead their business impartially to the well-being of the people and faithfully the condition and the laws.
(1) The government as well as everyone of their members require for management the confidence of the people chamber. ARTICLE 95 (1) The activity of the government in its whole ends with the acceptance of a motion of no confidence by the people chamber.
(2) The motion of no confidence comes only to the tuning, if with it the new Prime Minister and the principles of the policy which can be obeyed from him to are suggested at the same time. On the motion of no confidence and these suggestions in the same tuning action one decides.
(3) The resolution on extraction of the confidence is effective only if it half of the legal number of members of the delegates agrees at least.
(4) The request for causing such a resolution must be signatory by at least one quarter of the members of the people chamber. On the request may be co-ordinated at the earliest on the second day after his negotiation. The request must be settled within one week after its bringing in.
(5) If the new government their office does not start within 21 days after the acceptance of the motion of no confidence, then the motion of no confidence becomes ineffective.
(6) The new government if the distrust is expressed, then the people chamber is considered as dissolved.
(7) Up to the assumption of office of the new government the business is resumed by the past government.
(1) A cabinet member, from who by resolution of the people chamber the confidence is extracted, must withdraw. The business is to be continued up to the assumption of office of the successor, if the people chamber does not decide something else.
(2) The regulations of the article 95 exp. 3 find appropriate application.
(3) Each cabinet member can explain the resignation at any time. Its division is noticed up to the order of the successor by its deputy, unless the people chamber decides something else.
(1) The Prime Minister leads the presidency in the government and leads its business after an agenda, which is to decide from the government to and be communicated to the people chamber.
(1) The Prime Minister determines the guidelines of the government politics in accordance with condition of the principles set up by the people chamber. It is responsible to the people chamber for it.
(2) Within these guidelines each Minister leads it entrusted line of business independently under own responsibility opposite the people chamber.
(1) The Ministers have the government all bills, furthermore affairs, for which the condition or the law prescribes it, as well as diversities of opinion over questions, which the division of several Ministers affect, for the consultation and adoption of resolutions to submit.
(1) The government seizes its resolutions by a majority of votes. With equality of votes the voice of the chairman decides.
V. President of the republic
(1) The president of the republic is selected in the long run in common meeting by people chamber and land chamber by four years. The common meeting will call up from the president of the people chamber and led.
(2) Each citizen is selectable after completion 35. Lebensjahres.
(1) The president of the republic swears the following oath with its assumption of office in common meeting of the people chamber and the land chamber: “I swear that I mean Kraft the well-being of the German people dedicate, which and the laws of the republic protects condition my obligations conscientiously to fulfill and against everyone will practice justice.”
(1) The president of the republic can be recalled by common resolution of the people chamber and land chamber. The resolution requires a majority of two thirds of the legal number of arranging.
(1) The president of the republic announces the laws of the republic.
(2) It obligates the cabinet members with their assumption of office.
(1) The president of the republic represents the republic according to international law.
(2) It locks in the name of the Republic of conventions with foreign powers and signs it.
(3) He authenticates and receives the Ambassadors and envoys.
(1) All arrangements and orders of the president of the republic require the counter signature to their validity by the Prime Minister or the responsible Minister.
(1) The president exercises the power of pardon for the republic, whereby he will advise from a committee of the people chamber.
(1) The president of the republic will represent in case of its prevention first by the president of the people chamber. If the handicap of the president of the republic lasts presumably longer time, then the agency is to be regulated by law.
(2) The same applies to the case of a premature completion the president shank up to the new election of the president.
VI. Republic and Länder
(1) Each country must have a condition, which agrees with the principles of the condition of the republic. The federal state parliament is the highest and exclusive representative government of the country.
(2) The representative government must be selected in general, same, direct and secret choice by all citizens entitled to vote after the principles of the elections on the basis of proportional representation right laid down in the electoral law for the republic.
(1) The change of the area of the country and the new formation of countries within the republic take place via law containing a constitutional amendment of the republic.
(2) If the countries directly taken part agree, then it requires only a simple law.
(3) A simple law is demanded been sufficient furthermore, if one of the countries involved does not agree, the change of area or the new formation however by tuning of the population of the areas concerned.
(1) The republic can issue uniform laws on all subjects. It is to be limited however during its legislation to the list of principles, as far as thereby for the need are sufficient for uniform government happens.
(2) As far as the republic from their right does not make use to the legislation, the countries have the right of the legislation.
(1) The republic has the right of the exclusive legislation over: the foreign relations; the foreign trade; customs, as well as the unit of the tariff and commercial area and the liberality of the goods traffic; the nationality, the liberality, in and emigration, the distribution and the passport and Fremdenrecht; the person condition right; the civil right, the criminal law, the court system and the legal proceedings; the industrial law; traffic; the post office, communications and broadcast nature; the film and press; the currency and coinage, measurement, weight and calibration nature; the social security; the war damage and crew costs and the compensation achievements.
(1) During the legislation on that areas of the financial and fiscal matters the economic vitality of the countries, the circles and municipalities must be ensured.
(1) All-German right proceeds the right of the countries.
(1) The laws of the countries are implemented in principle by the organs of the countries, as far as in this condition or in the laws is not certain something else. As far as a need exists in addition, the republic establishes own administrations by law.
(1) The government of the republic exercises the supervision in the affairs, in which the right of the legislation is entitled to the republic.
(2) As far as the laws of the republic are not implemented by the administrations of the republic, the government of the republic can issue general instructions. It is authorized, to the monitoring of the execution of these laws and instructions assigned to the implementing administrations to send. To the rights the article 65 applies for this assigned one accordingly.
(3) The federal state governments are obligated, on request of the Republic of lack, which stepped out during the execution of the laws of the republic, to eliminate.
(4) From this developing disputes are examined and decided in under article 66 the exp. 5 prescribed procedures.
VII. Administration of the republic
(1) The care of the foreign relations is exclusive thing of the republic.
(2) In affairs, whose regulation is entitled to the Landesgesetzgebung, the countries with foreign States of contracts can close; the contracts require the agreement of the people chamber.
(3) Agreements with strange states over changes of the borders of the republic are locked after agreement of the countries involved by the republic. The border changes may take place only due to a law of the republic, as far as it does not concern bare correction of the borders of uninhabited parts of a territory.
(1) Germany forms a uniform tariff and commercial area, surrounded by a joint customs border.
(2) Stranger states or parts of a territory can be attached by conventions or convention the German customs territory. From the German customs territory parts can be excluded by law.
(3) All goods, which are in free traffic in the German customs territory, may be in and accomplished within the customs territory over the borders of the countries and municipalities as well as in accordance with paragraph 2 attached strange national territories or parts of a territory freely.
(1) The tariffs and the taxes regulated by law of the republic are administered by the republic.
(2) The delivery sovereignty is entitled in principle to the republic.
(3) The republic is to levy charges only to that extent, when it is necessary for the covering of their own need.
(4) The republic establishes its own delivery administration. Mechanisms are to be planned, which make the keeping of special national interests in the areas of the agriculture, the trade, the trade and the industry for the countries possible.
(5) As far as it requires the uniform and even execution of the delivery laws of the republic, the republic meets by law regulations over the mechanism and powers with the supervision of the execution of the delivery laws of the republic of the authorities entrusted, over the account with the countries and the remuneration of the administratives expense during execution of the delivery laws of the republic.
(1) Deliveries and taxes may be raised only due to legal regulation.
(2) Fortune, coming in and indirect taxes are to be held in an appropriate relationship to each other and be graduated to social points of face.
(3) The education of people-harmful fortune amassment is to be prevented by a strong progressive rate of the death duty.
(1) The incomes and expenditures of the republic must be estimated for each business year and stopped into the budget. The budget is determined before beginning of the business year by a law.
(1) Over the incomes of the republic and its use the Minister of Finance of the people chamber puts calculation down for the discharge of the government. The audit is regulated by law of the republic.
(1) In the way of the credit funds may be procured only with extraordinary need. Such a procurement as well as the assumption of a security debited to the republic may take place only due to a law of the republic.
(1) The post office, communications and broadcast natures as well as the railway nature are administered by the republic.
(2) The past realm motorways and realm roads as well as all this traffic serving roads stand in the administration of the republic. Appropriate applies to the water ways.
(1) The order of the merchant shipping and the regulation of the maritime traffic and the navigation marks are task of the administration of the republic.
(1) The tidy jurisdiction is exercised by the highest Court of Justice of the republic and by the courts of the countries.
(1) The judges are in their iurisdiction independent and only to the condition and the law subjected.
(1) Judge can only be, who guarantees after its personality and activity that he exercises his office in accordance with the principles of the condition. ARTICLE 129
(1) The republic takes care that member of all layers of the people have the possibility, by the development of the legal education places of it the capability for the practice of the occupation as a judge to attain attorney and public prosecutor.
(1) In the iurisdiction layman judges to the furthest extent are to be taken part.
(2) The layman judges are selected on suggestion of the democratic parties and organizations by the responsible representative governments.
(1) The judges of the highest Court of Justice and the highest public prosecutor that republic are selected on suggestion of the government of the republic by the people chamber.
(2) The judges of the highest courts and the highest state lawyers of the countries are selected on suggestion of the federal state governments by the land days.
(3) The remaining judges are appointed by the federal state governments.
(1) The judges of the highest Court of Justice and the highest public prosecutor of the republic can be recalled by the people chamber, if they hurt their obligations offended against the condition and the laws or as judges or as a public prosecutor coarsly.
(2) The recall takes place after obtainment of the appraisal one with the people chamber law committee who can be educated.
(3) The law committee consists of the chairman of the legal committee of the people chamber, of three members of the people chamber, two members of the highest Court of Justice and a member of the highest public prosecutor's office. The chairman of the legal committee leads the presidency. The remaining committee members are selected by the people chamber for the duration of the electoral period. The law committee belonging members of the highest Court of Justice and the highest public prosecutor's office members of the people chamber may not be.
(4) By federal state parliament the selected and judges appointed by the federal state governments can be recalled by the land days concerned. The recall takes place after obtainment of an appraisal of the law committee who can be educated with the federal state parliament concerned. The law committee consists of the chairman of the legal committee of the federal state parliament, of three members of the federal state parliament, two members of the highest court and a member of the highest public prosecutor's office of the country. The chairman of the legal committee leads the presidency. The remaining committee members are selected by the federal state parliament concerned for the duration of the electoral period. The law committee belonging members of the highest court and the highest public prosecutor's office members of the federal state parliament may not be.
(5) The judges appointed by the federal state governments can be recalled under the same conditions by the federal state governments, however only with permission of the law committee of the federal state parliament concerned.
ARTICLE 133 (1) The negotiations before the courts are public. (2) With endangerment of public security and order or the morality the public can be excluded by court order.
ARTICLE 134 No citizen may be extracted from his legal judges. Special courts are inadmissible. Courts for special subjects can be only established by the legislator, if they should be responsible for in advance and generally designated person's groups or contentions.
(1) Punishments may be only imposed, if they are legally threatened at present to the act.
(2) No penal law has retroactive Kraft.
(3) Measures and the use of regulations, which are met for the overcoming of the Nazi mash, fascism and the militarism or for the punishment of crimes against the humanity are necessary, are excluded.
(1) With provisional arrests, house searches as well as seizures in the preliminary investigation the judicial confirmation is to be caught up immediately.
(2) On the validity and continuation of a false imprisonment only the judge decided too. Arrested are at the latest by day after seizing the judge to be demonstrated. By it if the remand is arranged, then it has to examine in regular intervals whether its continuation is justified.
(3) The reason of the arrest is to be opened to the arresting with the first judicial hearing and to be communicated on its desire of one of it designated person within further 24 hours.
(1) The execution of sentences is based on the thought of the education of the improvement-able by common productive work.
(1) Control by the representative governments and the administrative jurisdictionn serve the protection of the citizens against illegal measures of the administration.
(2) Structure and competence of the Administrative Courts are regulated by law.
(3) To the members of the Administrative Courts the principles over the choice and recall of the judges of the tidy jurisdiction apply accordingly.
(1) Municipalities and municipality federations have the right of the autonomy within the laws of the republic and the countries.
(2) To the tasks of autonomy belong the decision and execution of all public affairs, which concern the economic, social and cultural life of the municipality or the local authorities association. Each task is to be fulfilled from the lowest federation suitable for it to.
(1) The municipalities and municipality federations have agencies, which are formed after democratic principles.
(2) To their support committees are educated, in which representatives of the democratic parties and organizations cooperate responsible.
(3) Right to vote and choice procedures depend on the regulations valid for the choice to the people chamber and the land days.
(4) However the right to vote can be made dependent on the duration of the stay in the municipality up to a half year by Landesgesetz.
(1) The selected implementing organs of the municipalities and the municipality federations require to their office guidance the confidence of the agency bodies.
(1) The supervision over the autonomy of the municipalities and municipality federations is limited to the regularity of the administration and the keeping of democratic administrative principles.
(1) The municipalities and municipality federations can from the republic and the countries tasks and execution by laws be transferred.
X. Transition and final clauses
(1) All regulations of this condition are directly valid right. Opposing regulations are waived. The regulations necessary stepping to their place for the execution of the condition with the condition into force are set at the same time. Applying further laws are to be laid out in the sense of this condition.
(2) The constitutional liberties and rights cannot be held out to the regulations, which were issued and will still be issued, around the national socialism and militarism to overcome and injustice which was to blame for by them to again-good-close.
The managing, of the German people advice under participation of the entire German people compiled and to 19. March 1949 decided, by the third German congress of people to 30. May 1949 confirmed and by law of the provisional people chamber condition of the German Democratic Republic set from 7 October 1949 into force is hereby announced.
Berlin, 7 October 1949
The president of the provisional people chamber of the German Democratic Republic Dieckmann.