The Federation shall guarantee that the constitutional order of the Laender shall correspond to the basic rights and the provisions of paragraphs 1 and 2.
1. The federal territory shall be reorganised by a federal law with due regard to regional unity, historical and cultural connexions, economic expediency and social structure. The reorganisation shall create Laender which by their size and potentiality are able to fulfil efficiently the functions incumbent upon them.
2. In areas which, in the reorganisation of Laender after 8th May, 1945, joined another Land without plebiscite, a certain change in the decision made concerning this subject may be demanded by popular initiative within one year after the coming into force of the Basic Law([1]). The popular initiative shall require the consent of one-tenth of the population qualified to vote in Landtag elections. Should the popular initiative take place, the Federal Government must, in the draft law regarding the reorganisation, include a provision determining to which Land the area concerned shall belong.
3. After adoption of the law, in each area which it is intended should join another Land, that part of the law which concerns this area must be submitted to a referendum. If a popular initiative takes place in accordance with para. 2 a referendum must always be carried out in the area concerned.
4. In so far as thereby the law is rejected at least in one area, it must be reintroduced in the Bundestag. After re-enactment, it shall require accordingly acceptance by referendum in the entire federal territory.
5. In a referendum, the majority of the votes cast shall decide.
6. The procedure shall be regulated by a federal law. The reorganisation shall be regulated before the expiry of three years after promulgation of the Basic Law and, should it be necessary in consequence of the accession of another part of Germany, within two years after such accession.
7. The procedure regarding any other change in the existing territory of the Laender shall be regulated by a federal law, which shall require the approval of the Bundesrat and of the majority of the members of the Bundestag.
- ↑ Entered into force on 23rd May, 1949.
