Translation:Draft of the Constitution of the German Democratic Republic (1990)
Constitution of the German Democratic Republic Working group "New Constitution of the GDR" of the Round Table
Berlin, April 1990
The draft Constitution was created on behalf of the Central Round Table by a working group consisting of representatives of all parties and political movements participating in the Round Table, with the involvement of constitutional experts.
Constitution the German Democratic Republic
Starting from the humanistic traditions to which the best men and women of all strata of our people have contributed,
bearing in mind the responsibility of all Germans for their history and its consequences,
willing to live as peaceful, equal partners in the community of peoples, involved in the unification process of Europe, in the course of which the German people will also create its state unity,
convinced that the possibility of self-determined responsible action is the highest freedom,
based on revolutionary renewal,
determined to develop a democratic and supportive community that
Dignity and freedom of the individual, equal rights guaranteed for all, ensuring gender equality and protect our natural environment,
the citizens of the German Democratic Republic give themselves this Constitution.
Chapter I Human and civil rights
Section 1 Dignity, Equality, Freedom, Solidarity
- Article 1
(1) Human dignity is inviolable. To respect and protect them is the highest duty of the state.
(2) Everyone owes everyone recognition as equal. No person shall be discriminated against on the grounds of race, descent, nationality, language, sex, sexual orientation, social status, age, disability, religious, ideological or political beliefs.
- Article 2
Before public authority, all people are equal. Any arbitrary, and any improper unequal treatment is prohibited.
- Article 3
(1) Women and men have equal rights.
(2) The State is obliged to work towards the equality of women in professional and public life, in education and training, in the family and in the field of social security.
- Article 4
(1) Everyone has the right to life, physical integrity and respect for his dignity in dying. The right to physical integrity may only be encroached upon by law.
(2) No person shall be subjected to cruel, inhuman or degrading treatment or punishment and to medical or scientific experiments without his or her voluntary and express consent.
(3) Women have the right to self-determined pregnancy. The state protects unborn life by offering social assistance.
- Article 5
The General freedom of action is guaranteed subject to the law.
- Article 6
(1) Every citizen and every foreigner and stateless person with permanent residence shall have the right to free movement, entry and exit.
(2) These rights may be limited by law in order to combat epidemics and disasters. In order to avoid special burdens on the general public in securing a sufficient livelihood, the right to freedom of movement, to ensure the enforcement of judicial decisions and the enforcement of legal obligations, the right to entry and exit may be limited by law.
- Article 7
(1) No citizen may be deprived of citizenship, nor may he be expelled or extradited.
(2) Foreigners may not be extradited or expelled to a country in which they are threatened with the impairment of their human dignity or the death penalty.
(3) Politically persecuted persons enjoy the right of asylum.
- Article 8
(1) Everyone is entitled to respect and protection of his personality and privacy.
(2) Everyone has the right to his personal data and to inspect files and files concerning him. Personal data may not be collected, stored, used, processed or disclosed without the explicit and voluntary consent of the data subject. Restrictions on this right require the law and must be brought to the attention of the person entitled.
- Article 9
(1) The apartment is inviolable.
(2) Searches may only be permitted by law. They may only be ordered by the judge. The law may provide that they may be ordered and carried out by other officials in the presence of a present serious danger and in the event of prosecution in the act; they shall be subject to judicial confirmation.
(3) Entering the apartment without the consent of the owner is only permitted for the purpose of averting a common danger or a danger to the life and limb of individual persons on the basis of law.
(4) The authority to enter and visit premises used exclusively for business and business purposes for carrying out official acts without the consent of the owner requires authorisation by law or on the basis of a law.
- Article 10
(1)The secrecy of letters, mail and telecommunications shall be inviolable.
(2) Interventions are only permitted by law in accordance with a court order and only for the purpose of combating serious, organised crime.
- Article 11
(1) Freedom of conscience is guaranteed.
(2) If conscience conflicts with civic or civic duties, the citizen, if he does not wish to fulfil these duties, must offer other services and the State must open up other, equally burdensome duties.
- Article 12
(1) Everyone has the right to freedom and security of his person, restrictions on freedom may only be made to the extent that they are provided for by law and are unavoidable.
(2) Any person whose freedom is restricted shall be informed without delay of the reasons for the restriction of freedom. Persons deprived of liberty must be brought before a judge without delay, but at the latest within 24 hours. The judge shall decide on the deprivation of liberty permitted by law in a reasoned written form or order the release. The person concerned may request a judicial review of the continuation of the deprivation of liberty at appropriate intervals. A person of the trust of the person concerned, in the case of young people also the parent or guardian, must be notified of a deprivation of liberty and before any judicial decision on its order or continuation. The person concerned shall be given the opportunity to contact a lawyer of his choice.
(3) Detained persons may not be physically or mentally abused or subjected to harassment.
(4) Imprisonment and the execution of sentences shall primarily serve the purpose of social reintegration. In the penitentiary system, the imposition of labor duties is permissible.
(5) The death penalty and life imprisonment shall be abolished.
(6) Any person whose freedom has been unlawfully restricted shall be entitled to compensation.
- Article 13
(1) No one may be deprived of his legal judge. Everyone is entitled to a fair, speedy and public procedure. The public may only be excluded by court order in accordance with the law.
(2) Criminal liability is determined by law. Criminal laws have no retroactive force. Everyone is considered not guilty until his final conviction.
(3) No one may be held criminally responsible for the same act more than once. Each convict has a legal right to have the sentence pronounced against him reviewed by a higher court.
(4) In criminal proceedings, everyone shall have a legal right to the following guarantees, of which he shall be informed in an appropriate manner: 1) He must be informed without delay, in a language which he understands, of the charges brought against him. 2) He shall be given the opportunity to be present at the court hearing and to defend himself or through a defence counsel of his choice. If the case demands it, a defender must be assigned to him; in case of need, this is done free of charge. Adequate preparation of the defence shall be ensured. 3) He may, under the same conditions as the prosecution, demand the appearance of experts and witnesses, as well as the presentation of evidence, and question witnesses and experts.
- Article 14
(1) No one may be obliged to report other persons for crimes committed or threatened. For threatening serious offenses, the law may provide for exceptions.
(2) No one may be forced to testify against himself or against persons close to him by law.
(3) A right to refuse to testify shall be provided by law for members of curative professions, legal professions, social services and chaplains. The confidentiality of information thus protected must not be interfered with in any way.
- Article 15
(1) Everyone has the right to freely express and disseminate information and opinions in any form and to be informed from generally accessible and other legally accessible sources. The validity of these rights in service and employment relationships may only be limited by law or on the basis of a law.
(2) Freedom of the press, radio and other mass media is guaranteed. The Law must ensure through procedural arrangements that the diversity of opinions present in society can be expressed in the press, radio and television.
(3) These rights find their limits in laws which may not restrict the freedom of opinion and information because of their spiritual content or spiritual effect. Legal restrictions to protect youth and honor are permissible. War propaganda and the public display of discrimination that violates human dignity must be prohibited by law.
(4) The existing radio and television stations shall be set up as independent public service institutions. They have the task of contributing to the formation of public opinion by offering a variety of programs. Their internal order is regulated by law. The approval of private radio and television stations may only be granted by law and only if this does not impair the performance of the task of public service institutions.
(5) Lawful journalistic activity may not be hindered by the obligation to give evidence, confiscation and search.
(6) Censorship is prohibited.
- Article 16
(1) Everyone has the right to assemble peacefully without registration or permission.
(2) In the case of open-air meetings or removals, this right may be restricted only on the basis of urgent public security requirements and only by law.
- Article 17
Everyone has the right to form associations, to join them and to engage in them in accordance with the purposes of the association.
- Article 18
(1) Everyone has the right to profess a religion or belief and to profess it publicly or privately, alone or with others. The need for worship and pastoral care in public institutions must be met. There must be no coercion on freedom of choice or exercise of religion or belief.
(2) The legal guardians are free to ensure the religious and ideological education of their children in accordance with their convictions.
- Article 19
(1) Science is free. The state ensures the exercise of freedom of research and teaching.
(2) By law, the admissibility of means or methods of research may be limited. It may provide for information requirements in relation to particularly risky research.
(3) The state-funded universities maintain the Sciences in research, teaching, and training. They are bodies under public law and, within the framework of the law, have the right of self-government in all academic matters.
(4) Intellectual work, the right of authors and inventors shall enjoy the protection of the State.
- Article 20
(1) Art is free.
(2) Cultural life and the preservation and communication of cultural heritage shall be promoted. The budgets of the Federation, the Länder and the institutions of local autonomy must provide the necessary funds for this purpose.
- Article 21
(1) Every citizen has the same right to political participation. The Constitution and the laws shape how the right is exercised directly or through freely elected representatives.
(2) Every citizen under the age of 18 has the right to participate in and be elected to general, equal, free, secret and direct elections to the People's Chamber, to the Landtag and to the local councils. Foreigners and stateless persons with permanent residence have the right to vote at the municipal level.
(3) Every citizen has equal access to public office. The same right shall apply at the municipal level to the persons referred to in the second sentence of paragraph 2. The legal status of civil servants exercising sovereign powers (civil servants) must be regulated by law in accordance with the functional requirements of a citizen-oriented administration.
(4) Everyone whose rights and interests of the public planning of projects, especially transport routes and facilities, energy facilities, production, and large buildings affected sites, has the right to involvement in Proceedings. Associations of data subjects have the same right.
(5) Everyone has the right, individually and in association with others, to appeal to any state body with suggestion, criticism and complaint. There is a right to be heard and a reasoned opinion within a reasonable period of time.
- Article 22
(1) The family shall be protected and promoted by the State.
(2) Other cohabitees who are long-term in nature are entitled to protection against discrimination.
(3) Parents have the right and duty to educate their children. Anyone who educates children is entitled to appropriate state aid and social consideration. The state promotes the possibility of employment and vocational training of educators, in particular through working time arrangements.
(4) Children shall be accorded a legal status by law which does justice to their growing capacity for insight through the recognition of increasing independence.
(5) Children enjoy state protection against physical and mental neglect and maltreatment. Child labor is prohibited.
- Article 23
(1) The community respects age. It respects disability.
(2) Every citizen has the right to social protection against the consequences of illness, accident, invalidity, disability, long-term care, old age and unemployment.
(3) The right is guaranteed by public insurance systems in which everyone is entitled and obliged to participate. The minimum components of the insurance systems are unemployment benefits and an old-age pension for everyone.
(4) In the event of special emergencies, there is a right to social welfare.
(5) Social security and social welfare have the goal of enabling an equal, self-responsible lifestyle. In homes, residents are entitled to co-responsibility and co-decision rights.
- Article 24
(1) Every citizen shall have the right to equal, free access to public education and training institutions. This right can only be encroached upon by law or by virtue of a law.
(2) There is a minimum of ten years of compulsory education. The school has to foster the skills and talents of the students. The education system must ensure that courses are open and transparent.
(3) The State shall promote the establishment and maintenance of crèches and kindergartens and school nurseries.
(4) Schools other than state schools which comply with the minimum standards laid down by law may be chosen for school attendance. The establishment of private schools must not lead to the differentiation of pupils according to the income ratios of their parents. Private schools are entitled to public funding insofar as this does not jeopardise the primacy of the public school system.
(5) Pupils and students are entitled to state education funding in accordance with the law.
- Article 25
(1) Every citizen has the right to adequate housing, legal protection against dismissal must be provided. When weighing the interests of the user and the owner of the apartment, special emphasis must be placed on the paramount importance of the apartment for the conduct of a decent life. An eviction may only be carried out if replacement is available.
(2) Social housing and housing maintenance shall be promoted by the State. The state is particularly obliged to promote the construction of housing suitable for the elderly and disabled.
Section 2 Work, economy, environment
- Article 26
Everyone has the right to freely choose and practice their profession. This freedom can only be interfered with by law or by virtue of a law.
- Article 27
(1) Every citizen has the right to work or work promotion.
(2) The right of every citizen to freely dispose of his labor power and freely choose his place of work is guaranteed. Public employment and service obligations are only permitted for special purposes defined by law. They must be the same for everyone. Women must only be obliged to provide a public service to avert current emergencies. Conscription is abolished.
(3) The State shall protect the workforce by means of statutory regulations on occupational safety, occupational hygiene and the limitation of working time. It promotes the right of the individual to use his labor power to lead a decent life. In its economic policy, it generally has to give priority to the objective of full employment. In the event of unemployment or the threat of unemployment, every citizen has the right to publicly funded measures to promote employment. Vocational training or retraining must be given priority over unemployment benefits and unemployment assistance.
(4) Equal work is entitled to equal pay.
(5) Apprentices, pregnant women, single parents, the sick, working people with disabilities and older working people enjoy extended protection against dismissal.
- Article 28
Every worker employed in an enterprise or undertaking has the right to participate, through representative bodies, in the economic, social and human affairs of the enterprise and also of the undertaking, if the latter has a special significance for the community due to the number of its employees, its market position or other characteristics. The details are regulated by law.
- Article 29
(1) Ownership and the right of succession are guaranteed. Forms, content and scope are determined by the laws. Property is subject to social obligations.
(2) The personal and cooperative property as well as the pension rights and entitlements acquired on the basis of one's own performance are under the special protection of the Constitution. The acquisition of personal ownership of housing and residential land and the formation of cooperative ownership are encouraged.
(3) The sovereign transfer of property or individual property rights to a third party for reasons of the general good (expropriation) is permitted. The expropriation of personally used property is only permitted for urgent reasons of the general good. Expropriations may only be carried out by law or on the basis of a law that regulates the nature and extent of compensation. If existing property rights are modified by law or by virtue of a law and a serious financial disadvantage is thereby imposed on the owner (special victims), compensation for victims must be provided. Compensation and compensation for victims must be determined in a fair balance between the interests of the general public and those involved; only to the extent that personally used property is affected, the loss in value must be fully compensated. The cooperative property is equal to the personally used property.
- Article 30
The formation of cartels and dominant companies is inadmissible. Exceptions are only possible on a legal basis in the interests of safeguarding jobs at risk, promoting structurally weak regions and maintaining international competitiveness.
- Article 31
(1) Land and commercial enterprises may be converted into independent enterprises of the common economy for the purpose of socialization by a law regulating the nature and extent of compensation. Article 29 (3), fifth sentence, shall apply mutatis mutandis to compensation.
(2) The state and the institutions of local autonomy are authorized to participate in economic life in the performance of their duties.
(3) For reasons of reliable and comprehensive supply of goods and services to the population, as well as for important regulatory reasons, public sector monopolies may be created by or pursuant to a law.
- Article 32
(1) The use of soil and water is particularly committed to the interests of the general public and future generations. Their marketability may be limited by law. The use of land is only permitted within the scope of land use planning. The ownership and use of agricultural and forestry land exceeding one hundred hectares is reserved for cooperative and public institutions and churches. The sale of land and the transfer of rights of use to foreigners require approval.
(2) If the value of land increases as a result of its planning conversion into building land, the institutions of municipal autonomy shall be entitled to compensation for the increase in value. This planning value compensation is usually provided by the compensation-free delivery of a share of the planned land. The proportion corresponds to the measure of the increase in value, but must not exceed half of the soil.
(3) Mining of mineral resources requires state approval. Particular emphasis must be placed on the public interest in the careful use of the soil.
- Article 33
(1) The protection of the natural environment as the basis of life for present and future generations is the duty of the State and of all citizens. The state's environmental policy must take precautions against the occurrence of harmful environmental effects and work towards the economical use and reuse of non-renewable raw materials and the economical use of energy.
(2) Serious damage to or endangering of the natural environment may only be permitted to the extent that this is indispensable for the protection of overriding interests of the general public.
(3) No one may be injured or unreasonably endangered by adverse changes in the natural foundations of life. Anyone claiming to be endangered or injured by adverse changes in the natural environment in his right to life and physical integrity may request the disclosure of data on the environmental characteristics of his circle of life. The union action is admissible.
(4) Anyone who causes environmental damage is liable and is responsible for compensatory measures.
(5) The state and the institutions of local autonomy are obliged to keep the access to mountains, forests, fields, lakes and rivers free for the general public and, if necessary, to make them free by restrictions on the right of ownership.
Section 3 Rights of the Sorbs
- Article 34
(1) The State shall respect and promote the interests of the Sorbs. It guarantees and protects your right to use and maintain your language, culture and traditions. It maintains or supports the necessary facilities, in particular in the social and educational sectors. The Sorbs have the right to use their native language before the administrative authorities and the courts. In the state and regional planning, the living needs of the Sorbs must be taken into account in particular.
(2) Autonomy rights may be granted by law.
Section 4 Social groups and associations
- Article 35
(1) Associations which devote themselves to public tasks and influence the formation of public opinion (citizen movements) enjoy the special protection of the Constitution as carriers of free social organization, criticism and control.
(2) Citizens ' movements whose activities extend to the sphere of a state or of the Federation shall have the right to submit their concerns and to deal with them objectively in the competent committees of the People's Chamber or the Landtage. In so far as the personality and privacy of third parties are not infringed, they are entitled, after weighing up conflicting public interests, to access the information available to the public administration bodies concerning their concerns.
- Article 36
(1) Freedom of association shall be guaranteed. They have the right to freely and independently determine their internal order.
(2) The internal organisation of associations shall be in accordance with democratic principles, provided that they predominantly represent the interests of their members in public or participate in the performance of state or predominantly state-funded public tasks. The same applies to associations that are not exposed to significant competition in their sphere of activity. Within the scope of the association's purpose, the members have the right to the unhindered exercise of the freedom of expression and assembly and to the freedom of group formation. Equal participation in the formation of the will within the association is guaranteed.
(3) Associations within the meaning of subsection (2) sentence 2 may not refuse membership for objectionable reasons.
(4) The Law may provide for restrictions or prohibitions on associations which, by reason of their purpose or activity, violate criminal laws.
- Article 37
(1) The freedom of the parties to participate equally in the formation of political will in society is guaranteed.
(2) The internal order of the parties must conform to democratic principles. The members have the right to the unhindered exercise of freedom of expression and assembly within the framework of the party programme as well as to equal participation in the formation of internal party will.
(3) The parties shall be publicly accountable for their financing. The reimbursement of campaign expenses is subject to a separate decision of the citizens entitled to vote (citizen bonus). These regulations also apply to citizens ' movements, insofar as they participate in elections to the People's Chamber or to the Landtag.
(4) The rights of parties which systematically and sustainably attack human dignity in their programmes or in this way violate the principles of an open and non-violent political decision-making process through their activities may be excluded or prohibited from an election, provided that dangers to the political decision-making process cannot otherwise be averted. The decisions are reserved to the Constitutional Court; their effect is to be limited in time. No discrimination against the Party or its members shall be admissible before a decision of the Constitutional Court. The civil and civic rights of members are also not affected in any way by the decisions of the Constitutional Court.
- Article 38
(1) The freedom of churches and religious communities is guaranteed. They independently arrange and manage their affairs within the limits of the laws applicable to all. The equivalence of the social protection of church workers with the guarantees under general labour and social law must be ensured.
(2) Upon application, churches and religious communities shall be accorded the status of a public corporation.
(3) The State shall, in accordance with agreements, promote and support the churches and religious communities, in particular in their social activities and in the preservation of their cultural heritage. On the basis of agreements for churches and religious communities, the state can take over the inclusion of membership fees against reimbursement of administrative costs.
- Article 39
(1) Everyone has the right to form unions, to join them and to work in them in accordance with the purposes of the trade union. Agreements that seek to restrict or impede this right are void, actions directed at them are unlawful and subject to sanctions by law. The establishment of professional associations under public law with compulsory membership is inadmissible.
(2) The freedom and independence of trade unions shall be guaranteed. You have the right of access to the premises. The details of trade union activity in the enterprises are regulated by law.
(3) The trade unions must be free from opposition in terms of collective bargaining. Their internal order must be in accordance with democratic principles. The right of members to the unhindered exercise of freedom of expression and assembly, to freedom of group formation and to equal participation in the formation of intra - union will must be guaranteed.
(4) Trade unions have the right to conclude collective agreements on all matters relating to the working and living conditions of working people. The parties to collective agreements are trade unions and their umbrella organisations, enterprises of all forms of ownership and business associations, the federal government, the Länder and the bodies responsible for local autonomy.
(5) The right of trade unions to strike is guaranteed. In the case of industrial disputes, compensation for damages, but not the threat and collection of penalty payments for the enforcement of court decisions, is excluded. The replacement of wages in the event of indirect production losses caused by industrial action is the common burden of social autonomy and is reimbursed to the companies in accordance with legal regulations.
(6) A lockout ending the employment relationship is prohibited. Any lockout is prohibited in non-striked establishments.
Section 5 Validity
- Article 40
(1) The human and civil rights of this Constitution directly bind legislation, executive power, jurisprudence and, insofar as the Constitution provides for this, also third parties.
(2) To the extent that human and civil rights may be restricted by law or by virtue of a law, the principle of proportionality must be observed. Such restrictions must in no case affect the essence of a human and civil right.
(3) Human and civil rights shall also apply to domestic legal persons under private and public law insofar as they are inherently applicable to them.
(4) If a person's human and civil rights are violated, he or she may bring legal action against them.
Chapter II Principles and bodies of the state
Section 1 Basic principles
- Article 41
(1) The German Democratic Republic is a democratic and social federal state constituted under the rule of law and consists of the Länder ... It is committed to the goal of creating a pan-European peace order that overcomes the situation created by the Second World War in Germany on the basis of reconciliation with all peoples oppressed and persecuted by Germans. Within this framework, the German people will determine the state design of Germany itself.
(2) The German Democratic Republic is committed to the goal of establishing the unity of the two German states.
- Article 42
(1) The bearer of state power is the people.
(2) The legislature shall be bound by the norms of the Constitution; executive power and the judiciary shall be bound by the Constitution, as well as by law and justice.
(3) The general rules of international law are directly applicable federal law.
- Article 43
The state flag of the German Democratic Republic carries the colors black-red-gold. The coat of arms of the state is the representation of the motto "Swords to plowshares".
- Article 44
(1) By law, which requires the consent of the Chamber of States, sovereign rights may be transferred to intergovernmental institutions, in particular to joint institutions of the two German states. Article 132 (1) and (2) shall remain unaffected.
(2) The restriction of sovereignty in favor of a system of collective security within the framework of a pan-European peace order is acceptable.
- Article 45
(1) The German Democratic Republic shall promote all efforts and measures aimed at balanced disarmament.
(2) The preparation or conduct of a war of aggression is prohibited.
(3) Weapons may only be manufactured, transported and placed on the market with the permission of the Government. They may only be exported to states belonging to the same system of collective security.
Section 2 State liability
- Article 46
The public authority whose employee caused the damage is liable for damages caused to a third party by unlawful action or omission by employees of a public authority institution in the performance of official duties. The details are regulated by law.
Section 3 The federal government, the Länder and local autonomy
- Article 47
(1) The constitutional order in the Länder must comply with the principles of the democratic and social rule of law.
(2) The Länder shall be entitled to carry out state tasks, insofar as they are not assigned by this Constitution to the Confederation or to the institutions of local autonomy.
- Article 48
(1) Federal law breaks state law.
(2) If a country violates its obligations under the Constitution or another federal law, the government may, with the consent of the Chamber of States, take the necessary measures to encourage the country to fulfil its obligations. The government or the representatives have the right to issue instructions to the country and its authorities.
(3) The legal and administrative assistance exercised within the Confederation shall also be granted to the Länder, the legal and administrative assistance exercised within a Land shall also be granted to other Länder and the Confederation.
- Article 49
(1) The maintenance of relations with foreign states and the Federal Republic of Germany is a matter for the Federal Government.
(2) Contracts and agreements with foreign states or with the Federal Republic of Germany, which affect the competences of the Länder, require the consent of the Chamber of States. Agreement must be reached with the country concerned before a contract or agreement affecting the particular circumstances of a country is concluded. If an agreement is not reached, the Chamber of States decides.
(3) Insofar as the Länder have exclusive legislative competence, they may conclude contracts and enter into agreements with foreign states, the Federal Republic of Germany and their Länder. Conduct with the Government of the Confederation shall be established.
- Article 50
(1) The right of the institutions of local autonomy to regulate and manage the affairs of the local community within the framework of the laws on their own responsibility is guaranteed. It includes the statutory, organizational, personnel, planning and financial sovereignty.
(2) The institutions of local autonomy shall be enabled to fulfil their tasks by means of financial compensation. Duties may be withdrawn from them only by law and only if they are unable to perform them.
(3) The responsibility of the institutions of local autonomy falls
1. local traffic and land use planning;
2. the local transport;
3. the local housing and housing management;
4. social assistance;
5. the basic medical care, including health insurance;
6. childcare facilities;
7. care for the elderly;
8. services of general interest for people with disabilities;
9. institutions of education with the exception of higher and technical schools;
10. the promotion of culture, youth and grassroots sport, including its facilities;
11. the creation and maintenance of recreational areas and leisure facilities;
12. the maintenance of public safety by local police authorities;
13. promoting the local economic structure;
14. building supervision, in particular the granting of building permits;
15. the prevention, recycling and disposal of household waste and waste water;
16. the promotion of city and community partnerships.
(4) Insofar as other tasks have previously been performed by the districts, cities and municipalities, they shall be performed by the institutions of local autonomy as matters of self - government or as matters of order. Further tasks can be assigned by law.
(5) The Länder shall exercise legal supervision in the matters of local autonomy, and also technical supervision.
Section 4 The People's Chamber
- Article 51
(1) The People's Chamber is the supreme organ of the formation of the state will. It has the task of legislating, controlling the government and administration, adopting the state budget, electing the prime minister, confirming the government program and ratifying international treaties. It shall perform all tasks and powers of the Confederation, unless expressly reserved by this Constitution for other bodies.
(2) The opposition is a necessary component of parliamentary democracy. It faces the government majority as an alternative and has the right to equal opportunities.
- Article 52
(1) The People's Chamber consists of 400 deputies. The People's Chamber, the President of the Republic, the members of the constitutional court, the members of the court of auditors, the members of the state Bank and the data protection officer does not belong.
(2) The deputies are representatives of the whole people and are not bound by orders and instructions. No one can force a deputy to decide against his conviction.
(3) Members of Parliament shall have the right to speak in the People's Chamber or its committees, to ask questions and make motions, and to vote in elections and decisions. The Rules of Procedure guarantee the right of non-attached MEPs to speak and their participation in committees.
(4) The Member of Parliament shall be entitled to remuneration which secures his independence as well as to compensation for expenses and the free use of public transport. The rights of members of Parliament are non-transferable and non-attachable.
- Article 53
(1) A member of Parliament may not at any time be prosecuted or otherwise held accountable for his vote or for any statement he has made in the People's Chamber or in one of its committees.
(2) A Member may not be deprived of the floor or prevented from attending meetings in respect of statements which he makes in the exercise of the right to speak. In other cases, an exclusion from the meeting can only take place by a majority of three-quarters of the members present. The exclusion from the sitting must not lead to the exclusion of a vote.
(3) A deputy may only be prosecuted with the permission of the People's Chamber for an act threatened with punishment. In the event of arrest and other coercive measures of criminal prosecution, a decision of the People's Chamber must be brought about immediately. Until the decision of the People's Chamber, its President shall exercise the rights to which the investigating judge is entitled. The permission of the People's Chamber is also required for any other restriction on the personal freedom of the deputy.
(4) Any criminal proceedings, any deprivation of liberty and any other restriction of personal freedom shall be suspended at the request of the People's Chamber. The suspension decision shall also apply to the period between the election periods until it is repealed.
(5) The members shall be entitled to refuse to testify. Even after the end of the mandate, Members of Parliament are entitled to refuse to give evidence on facts and persons with whom they were concerned in their capacity as elected representatives. The right to refuse to testify does not expire upon termination of the mandate. As far as the right to refuse to testify is sufficient, seizure is inadmissible.
- Article 54
(1) Who is applying for a mandate, has the right to the necessary for his election campaign holiday.
(2) No one may be prevented from accepting a mandate, and exercise. Termination or dismissal for this reason is inadmissible.
- Article 55
(1) The term of office of the People's Chamber shall end four years after the first meeting or upon dissolution. The new election shall take place in the last quarter of the term of office, in the case of dissolution on the Sunday following the 49th day of dissolution.
(2) The People's Chamber shall meet no later than the 30th day after the election but not before the end of the term of office of the last Parliament.
(3) The People's Chamber may at any time decide on its dissolution by a majority of two-thirds of its members.
(4) The People's Chamber shall determine the end and the resumption of its meetings. The President of the People's Chamber can convene them earlier. He shall be obliged to do so if one-fifth of the members, the President of the Republic or the Prime Minister so request.
- Article 56
(1) The People's Chamber shall adopt its Rules of procedure and elect its President, his deputies and the secretaries (Presidium). The organs of the People's Chamber are the President, the Presidium, the Council of Elders, the committees and the political groups.
(2) The President shall conduct the business of the People's Chamber. He exercises the power of order and house law in the building of the People's Chamber. Without his permission, no search or seizure may take place in the rooms of the People's Chamber.
(3) The President, in agreement with the Presidium, shall manage the entire economic affairs of the People's Chamber and adopt the draft budget of the People's Chamber. The President is the highest official authority of the employees of the People's Chamber. For their recruitment and dismissal, he needs the approval of the presidium. The President represents the People's Chamber in all internal and external matters.
- Article 57
(1) Associations of members shall have the status of a political group if they comprise five per cent of the number of Members. The Rules of Procedure may set a lower percentage.
(2) The parliamentary groups shall have a seat and a vote in the organs of the People's Chamber. In allocating speaking time, the opposition to the majority and the government must not be disadvantaged.
(3) The working capacity of political groups and individual Members, including non-attached members, shall be ensured. This includes the establishment and technical equipment of offices and the financing of employees and material needs.
- Article 58
(1) The electoral examination is a matter for the People's Chamber. Against the decision of the People's Chamber the appeal to the Constitutional Court is given.
(2) The mandate ends in the event of loss of eligibility or renunciation. Withdrawal of the mandate is inadmissible.
- Article 59
(1) The People's Chamber and its committees shall negotiate publicly. The public can be excluded in the People's Chamber by a two-thirds majority, in the committees by a majority of the members. The request shall be decided in private session.
(2) The People's Chamber shall have a quorum if more than half of its members are present. It shall take its decisions by a majority of the votes cast, unless this Constitution provides otherwise.
(3) Reporting on the public meetings of the People's Chamber and its committees and publicly accessible documentation on the course and outcome of the meetings shall be ensured. No one can be held responsible for truthful reports of the meetings.
- Article 60
(1) The People's Chamber and its committees may require the presence of any member of the Government, and the People's Chamber must be consulted.
(2) The members of the Government and the members of the Chamber of States shall have access to the meetings of the People's Chamber and its committees. The members of the government and the Chamber of States have the right to speak. The Prime Minister must be heard at all times.
- Article 61
(1) During the deliberations of committees, all political groups shall have the right to have at least one expert appointed by them heard.
(2) Whosoever submits legislative proposals shall be heard by the competent committees. Subcommittees may be formed for this purpose.
- Article 62
(1) The People's Chamber appoints a committee to deal with suggestions, criticisms and complaints. The chairman of the committee is also the citizen's lawyer.
(2) The government and the administration are obliged to submit files to the Committee on request, to grant access to public institutions, to provide all necessary information and to provide administrative assistance.
- Article 63
(1) The People's Chamber shall have the right and, at the request of a political group, the duty to set up committees of inquiry which, in public hearings, shall collect such evidence as it or the petitioners deem appropriate. The public may be excluded by a majority of two thirds of the members of the Committee.
(2) The Chairman shall be elected by a majority of two-thirds of the members of the Committee of Inquiry. He may not belong to any of the parties or civil movements forming the government.
(3) The provisions of the Code of Criminal Procedure shall apply mutatis mutandis to the collection of evidence. At the request of one-fifth of the members of the Committee of Inquiry, the Government and the Administration shall be obliged to issue statements to their staff. Courts and administrative authorities shall provide legal and administrative assistance. The secrecy of letters, mail and telecommunications remains untouched.
(4) The report of the investigation is not subject to judicial discussion. The courts are free to assess the facts on which the investigation is based.
- Article 64
(1) The People's Chamber appointed a Standing Committee, respecting the rights of the People's Chamber to the government between the two periods.
(2) The Standing Committee shall also have the rights of a committee of inquiry, but shall not have the right to pass laws, to elect the Prime Minister, to remove him or his minister, or to impeach the President of the Republic.
- Article 65
(1) In order to protect human and civil rights and as an auxiliary body of the People's Chamber, the civil lawyer, a commissioner for questions of equality between men and women, a commissioner for the penal system and a commissioner for foreigners are appointed. They are elected by the People's Chamber for a term of six years by a majority of two-thirds of its members. They can be voted out by the same majority. One-time re-election is permitted.
(2) In the performance of their duties, the commissioners shall be independent and subject only to the law. Government and administration are obliged to provide them with files on request, to grant access to public institutions, to provide all necessary information and to provide administrative assistance.
(3) The representatives shall report publicly to the People's Chamber annually. The People's Chamber and its committees may request the presence of the representatives at any time.
(4) No one may be discriminated against or discriminated against in respect of his submissions or information.
Section 5 The Chamber of States
- Article 66
(1) Through the Chamber of States, the Länder participate in the legislation and administration of the Confederation.
(2) The countries of the chamber is made up of members of the national governments, appointed and removed from office. Representation is permitted.
(3) Each country shall have at least three votes. Countries with more than two million inhabitants receive one additional vote for every one million inhabitants. Remaining numbers are rounded.
(4) The votes of the Land may only be cast uniformly and only by present members of the Chamber of States or their representatives. Countries may only send as many members as they are entitled to vote.
- Article 67
(1) The Chamber of States shall elect a President annually.
(2) The President shall convene the Chamber of States. At the request of a country or the Prime minister, he must convene the Chamber of States.
(3) Unless otherwise provided in this Constitution, the Chamber of States shall take its decisions by a majority of the votes of its members.
(4) The negotiations of the Chamber of States are public. The public can be excluded with the consent of two thirds of the countries.
(5) Other members or representatives of the Länder governments may be members of the committees of the Länder Chamber.
- Article 68
The members of the government have the right and, upon request, the duty to participate in the negotiations of the Länder Chamber and its committees. They must be heard at all times.
Section 6 Government
- Article 69
The Government has the task of leading the state and the responsibility for the executive power of the federation. It consists of the Prime Minister and ministers.
- Article 70
(1) The Prime Minister shall be elected by the People's Chamber on the proposal of the President of the Republic without debate.
(2) The person who collects the votes of the majority of the members of the People's Chamber shall be elected. The elected one is appointed by the President of the Republic.
(3) If the proposed candidate is not elected, the People's Chamber may elect a Prime Minister with a majority of its members within three weeks of the ballot.
(4) If an election does not take place within the period of subsection (3), a new ballot shall take place immediately, in which the person who receives the majority of the votes cast is elected. If the elected person receives the votes of the majority of the members of the People's Chamber, the President of the Republic shall appoint him. If the elected person fails to achieve this majority, the President of the Republic shall within seven days either appoint him or dissolve the People's Chamber.
- Article 71
Ministers are appointed and dismissed by the President of the People's Chamber on the proposal of the Prime Minister. The Prime Minister appoints his deputies from among the Ministers.
- Article 72
When taking office, the Prime Minister and the ministers take the following oath before the People's Chamber: "I swear that I will devote my strength to the good of the people, uphold the law and the laws of the German Democratic Republic, conscientiously fulfill my duties and practice justice against everyone."A religious affirmation may also be added to the oath.
- Article 73
The Prime Minister and Ministers may not hold any other remunerated office, trade or profession. The People's Chamber decides on participation in commercial enterprises if it is a company aimed at acquisition.
- Article 74
(1) The Prime Minister directs the affairs of the government and determines the guidelines of the policy within the framework of the government program approved by the People's Chamber. Within these guidelines, each minister manages his business area independently and under his own responsibility.
(2) The Government shall decide on differences of opinion between ministers. The Prime Minister shall conduct the Government's business in accordance with the rules of procedure adopted by the Government and approved by the President of the People's Chamber.
- Article 75
(1) The People's Chamber may censure the Prime Minister only by electing a successor by a majority of its members. The President-elect shall be appointed by the President of the Republic. (2) There must be 48 hours between the application and the election.
- Article 76
(1) If a request by the Prime Minister to express confidence in him does not meet with the approval of the majority of the members of the People's Chamber, the President of the Republic shall dissolve the People's Chamber on the 21st day after the vote, unless it elects a Prime Minister by a majority of its members by then.
(2) Between the motion and the vote must be 48 hours.
- Article 77
(1) The office of The Prime Minister or a Minister ends with the Assembly of a new People's Chamber, the office of a Minister also, with the cancellation or any other termination of the office of the Prime Minister.
(2) Every minister shall resign if the People's Chamber withdraws his confidence.
(3) If the office of Prime Minister ends, he and with him the government are obliged to continue their business until they are taken over by the newly formed government. At the request of the Prime Minister, a minister shall also continue to conduct business until a successor is appointed.
Section 7 The President of the Republic
- Article 78
The President of the Republic is the head of state.
- Article 79
(1) The President shall represent the German Democratic Republic under international law. He certifies and receives the heads of diplomatic missions.
(2) If the President is prevented from attending, he shall be represented by the President of the Chamber of States.
- Article 80
Treaties with foreign states and treaties with the Federal Republic of Germany relating to objects for which the Confederation has legislative power require the approval of the People's Chamber in the form of a law, insofar as they are intended to establish domestic rights and obligations. The provisions of this Constitution on the participation of the Chamber of States remain unaffected. Other treaties require the approval of the People's Chamber insofar as they are of considerable importance for the German Democratic Republic.
- Article 81
(1) The President shall appoint the Federal judges and the Attorney General, as well as the members of the State Bank and the Federal Court of Auditors, on a proposal from the election committees set up by him.
(2) A Federal Commissioner for Data Protection shall be appointed by the President. The Data Protection Officer is appointed and appointed by the President. Article 65 (2) to (4) shall apply.
- Article 82
The President shall exercise the federal right of clemency.
- Article 83
The President endows and confers orders.
- Article 84
The President may appoint expert commissions on matters of particular importance to the general public.
- Article 85
(1) The President shall be elected by the Federal Convention for a term of four years without debate. Re-election is permitted. The Federal Convention consists of all deputies of the People's Chamber, the Landtage as well as the people's representatives of the districts and the district-free cities.
(2) The Federal Convention shall meet at the same hour, in each case separately by Länder, for the election act. In the Länder, the Landtage and the people's representatives of the districts and district-free cities meet together. The deputies of the People's Chamber meet separately.
(3) The Federal Convention shall be convened by the President of the People's Chamber in agreement with the President of the Chamber of States. The sub-assemblies of the Federal Convention in the Länder are chaired by the presidents of the Landtag.
- Article 86
(1) The person who receives the majority of the votes of the Federal Convention is elected.
(2) If the President is not elected on the first ballot, only the three candidates who received the most votes on the first ballot shall be admitted for the second ballot to be called immediately. The person who receives the most votes is elected.
(3) After the acceptance of his election, the President shall take the oath of office before the People's Chamber in the form set out in Article 72. The second sentence of Article 72 shall apply.
- Article 87
(1) The President shall enjoy immunity and indemnity.
(2) The President may only be held responsible by the Constitutional Court for violating his official duties. The People's Chamber is entitled to apply. The application shall require the consent of two-thirds of its members.
- Article 88
The President may not belong to either a government or a legislative body. He may not hold any other paid office, trade or profession and may not be a member of the Management Board or supervisory board of a company.
Chapter III Functions of the state
Section 1 Legislation
- Article 89
The laws are decided by the People's Chamber or by referendum.
- Article 90
(1) If the laws of the Confederation are adopted by the People's Chamber, they shall require the consent of the Chamber of States to be effective, if the Constitution so provides; otherwise the Chamber of States shall have the right of objection.
(2) Bills shall be introduced in the People's Chamber by its members, by the Government or by decision of the Chamber of States. At least two readings shall be provided and the committees shall be given sufficient time to deliberate.
(3) Submissions from the Government shall be sent to the People's Chamber together with an opinion from the Chamber of States, submissions from the Chamber of States shall be sent to the People's Chamber together with an opinion from the Chamber of States. The deadline for comments is six weeks.
- Article 91
(1) Except in the other cases referred to in this Constitution, the approval of the Landeskammer shall be subject to laws of the People's Chamber concerning:
1. Changes of national borders;
2. the establishment of independent bodies of the federal administration;
3. the judicial constitution;
4. the distribution of taxes levied by the federal government;
5. the regional planning and specialist planning of the Federal Government;
(2) If the enactment of a law required approval, this also applies to subsequent amendments to the law.
- Article 92
(1) Laws shall be immediately forwarded to the Chamber of States after their adoption in the People's Chamber by their President.
(2) The Chamber of States may, within two weeks of receipt of the legislative resolution, demand that a committee formed in equal numbers of members of the People's Chamber and the Chamber of States be convened for the joint deliberation of bills. The composition and procedure of this Committee shall be governed by its Rules of procedure, which shall require the approval of the People's Chamber and the Chamber of States. The members of the Chamber of States who are appointed to this committee are not bound by instructions. If a law requires the consent of the Chamber of States, the People's Chamber and the government may also demand that it be convened. If the Committee proposes an amendment to the legislative decision, the People's Chamber shall take a new decision.
(3) Insofar as the consent of the Chamber of States is not required for a law, the Chamber of States may, when the proceedings under subsection (2) have ended, appeal against a law decided by the Chamber of States within one week. In the case referred to in the last sentence of paragraph 2, the opposition period shall commence on receipt of the decision re-adopted by the People's Chamber, and in all other cases on completion of the proceedings before the Committee provided for in paragraph 2.
(4) If the objection is decided by a majority of the votes of the Chamber of States, it may be rejected by a majority of the members of the People's Chamber. If the Chamber of States has decided the objection by a majority of at least two-thirds of its votes, the rejection by the People's Chamber requires a majority of two-thirds of those present, at least the majority of the members of the People's Chamber.
- Article 93
A law adopted by the People's Chamber shall come into effect if the Landskammer agrees, fails to file the request in accordance with Article 92 (2), fails to file an opposition or withdraws it within the period laid down in Article 92 (3), or if the opposition is overruled by the People's Chamber in accordance with Article 92 (4).
- Article 94
(1) The Government may be authorized by law to issue ordinances. The regulation shall specify the legal basis. Law-changing regulations are excluded.
(2) The law may provide that the competent committee of the People's Chamber shall be consulted before the adoption of the Regulation and that its effectiveness shall be made conditional on the Committee not contradicting the Regulation. If a law requires consent, this also applies to ordinances.
(3) Framework laws may provide that the Landtage shall issue Regulation authorisations in accordance with paragraphs 1 and 2.
- Article 95
The federal government and the Länder have the right to legislate insofar as the Constitution expressly assigns this right to them. In the other areas, the Länder have the power to legislate, insofar as and as long as the Confederation has not exercised its right. The Confederation may enact framework laws in the fields of its legislation.
- Article 96
The Confederation has exclusive legislation on:
1. foreign Affairs;
3. civil law and civil procedure law, criminal law and criminal procedure law, labour and social law including works constitution and procedural law, judicial constitution;
4. freedom of movement, passport, immigration, emigration and extradition;
5. monetary, monetary and coinage, measures and weights as well as the determination of time;
6. the unity of the customs and trade area, trade and navigation treaties, the free movement of goods, and the Goods and payments with foreign countries, including the customs and border protection;
7. the law of the economy, including the Constitution of the company;
8. land law and land transactions, including the right of expropriation;
9. mining, energy supply, including nuclear law;
10. the affairs of defense;
11. the railway and air transport, the Federal waterways and highways;
12. postal and telecommunications;
13. the legal relationships of persons in the service of the federal government and of public law bodies directly accessible to the federal government;
14. intellectual property, copyright and publishing law;
15. the organization of the criminal police, the international fight against crime and counterintelligence;
16. statistics for Federal purposes;
17. the other cases provided for in this Constitution.
- Article 97
The countries have exclusive legislation on
1. national law;
2. regional planning; 3. the right of security;
4. the establishment of independent bodies of the state administration;
5. establishment of judicial districts;
6. establishment of bodies of local autonomy and municipal law;
7. nature and landscape protection;
8. building regulations;
9. the establishment of universities and technical colleges;
10. archival and librarianship in the Länder and the promotion of culture;
11. the preservation of monuments in the Länder;
12. narrow gauge and cable cars;
13. forestry, hunting and inland fishing;
14. the prevention, recycling and disposal of household waste and construction waste;
15. the market and trade fair business.
- Article 98
(1) Bills for a referendum shall be submitted to the President of the Republic by referendum. The referendum must be based on a draft law which has been drafted and reasoned. In the draft, nine representatives are to be named. The referendum must be called when 750,000 citizens are asked to vote.
(2) A referendum on the state budget shall not take place.
(3) The President shall submit to the design immediately to the government. If he has doubts as to the admissibility of the petition, he shall apply for a decision of the Constitutional Court within four weeks; the trustees shall be involved in the proceedings.
(4) The Prime Minister shall submit the petition for a referendum to the People's Chamber within one month, together with an opinion of the Government. The representatives shall be involved in the deliberations of the competent committees of the People's Chamber and shall have the right to speak in them. The referendum shall not be held if the People's Chamber adopts the bill unchanged or in a version approved by two thirds of the trustees within a period of three months of submission. In the reporting of the committee, the representation of the referendum is entitled to the right of speech. Otherwise, the referendum shall be held within ten weeks of the expiry of the period referred to in sentence 3. Within this period, the sponsors of the referendum must be given the opportunity to advertise their concerns free of charge in the public mass media.
(5) In the case of a referendum, a vote may only be taken with "yes" or "no". It shall be decided by a majority of the votes cast.
(6) The procedure shall be governed by law.
- Article 99
(1) The laws established in accordance with the provisions of this Constitution shall be drawn up by the President of the People's Chamber after countersigning by the Prime Minister and promulgated in the Journal of Laws.
(2) Ordinances shall be published in the Journal of Laws.
(3) Unless otherwise provided, every law and regulation shall enter into force on the 14th day following the end of the day on which the Journal of Laws is published.
- Article 100
(1) This Constitution may be amended only by a law of the People's Chamber, which requires the consent of two-thirds of the members of the People's Chamber. It must expressly amend or supplement the wording of the Constitution. It shall require confirmation in a referendum.
(2) It shall be inadmissible to amend the Constitution in such a way as to call into question the principles laid down in Articles 1, 40, 42, 89 and 107.
Section 2 Management
- Article 101
The Länder shall execute the Federal Laws as a matter of their own, unless otherwise provided for or permitted by this Constitution.
- Article 102
(1) If the Länder carry out the federal laws as a separate matter, they shall regulate the establishment of the authorities and the administrative procedure, unless federal laws provide otherwise with the consent of the Länder Chamber. The Federal Government may, with the consent of the Chamber of States, issue general administrative regulations.
(2) The Government of the Confederation shall exercise legal supervision. For this purpose, it may send representatives to the highest state authorities.
(3) If complaints are not remedied, the Chamber of States shall decide whether the land has violated the law. The decision of the Chamber of States may be appealed to the Constitutional Court.
- Article 103
If the federal government executes the laws through its own administration or through federal bodies or institutions under public law, the general administrative regulations are issued by the government. The same applies to the establishment of the authorities.
- Article 104
(1) In the Federal Administration are managed:
1. the external action service;
2. financial management in accordance with Article 118 and customs;
3. the approval and supervision of nuclear installations;
4. the German Post;
5. Federal roads, including the Federal waterways;
7. the Armed Forces, including border troops;
9. judicial police.
(2) By law requiring the consent of the Länder Chamber, the Confederation may establish federal offices, including its own administrative substructure, or federal bodies or institutions under public law, for matters on which the Länder have non-exclusive legislative competence.
- Article 105
(1) The Confederation may participate in the performance of the tasks of the Länder if these tasks are important for the whole and the participation of the Confederation is necessary to improve living conditions. The participation of the Federation is to be agreed in state contracts. The Treaties should lay down rules on procedure and on financing. The provision of funds is subject to determination in the budget laws of the Federation and the Länder.
(2) The Government of the Confederation and the Länder Chamber shall be informed of the implementation of the joint tasks.
- Article 106
(1) An independent state bank shall be established by law as a legal entity under public law that is directly dependent on the Federal Government.
(2) The State Bank shall, with particular regard to the objective of full employment, take into account the requirements of price stability, external equilibrium and appropriate economic growth.
(3) The members of the Board of the State Bank shall be elected by the Election Committee to be set up by the President. In addition to the members of the election committee pursuant to Article 125 (3) (Court of Auditors), five other members are members of this committee in accordance with the provisions of the Establishment Act.
(4) The Finance Minister and the Chairman of the Finance Committee of the People's Chamber shall have the right to attend the meetings of the Board of the State Bank.
Section 3 Jurisdiction
- Article 107
Judicial power is entrusted to the judges. Judges are independent and subject only to the Constitution and the law.
- Article 108
(1) Judicial power shall be exercised by the Constitutional Court and by other courts of the Federation and the Länder for criminal offences and civil, family, administrative, financial, labour and social law disputes as well as by social courts.
(2) Insofar as judicial branches do not yet exist, their introduction requires the law. Exceptional courts are inadmissible.
- Article 109
(1) The Constitutional Court is an independent and independent court of justice of the Confederation vis-à-vis all other constitutional bodies. The Constitutional Court shall adopt its rules of procedure.
(2) The decisions of the Constitutional Court shall be final. The decision formula binds the federal and state organs as well as all courts and authorities.
(3) The decision of the Constitutional Court on the constitutionality of a law shall have legal force. The decision formula shall be published in the Journal of Laws.
- Article 110
The Constitutional Court decides
1. on constitutional complaints by citizens against the violation of their human and civil rights by public authority;
2. on doubts about the compatibility of federal law with this Constitution at the request of one-fifth of the members of the People's Chamber, the Government of the Federation or a state government;
3. on doubts about the compatibility of treaties under Article 80 with this Constitution after the beginning of the legislative procedure at the request of one third of the members of the People's Chamber or a state government;
4. on doubts about the compatibility of land law with this Constitution and with other federal law at the request of one third of the members of the People's Chamber, the Government of the Federation or a state government;
5. at the request of a court on the compatibility with this Constitution of a law of the Federation or state laws, if the court is convinced of the unconstitutionality of the law in question and this is significant for the judicial decision;
6. at the request of a court on doubts as to whether a rule of international law is an integral part of domestic law and whether it directly generates rights and obligations for the individual;
7. on the occasion of disputes concerning the scope of the rights and obligations of federal organs or other parties who are endowed with their own rights in this Constitution or in the rules of procedure of supreme federal organs;
8. in the event of disagreements about the rights and obligations of the Federation and the Länder, in particular in the execution of Federal law by the countries and in the exercise of Federal oversight;
9. in other public law disputes between the federal government and the Länder, between different Länder or within one country, unless a different legal route is indicated;
10. on complaints of institutions of municipal autonomy and other public bodies for violation of their rights.
It also decides in the other cases assigned to it by the Constitution and the Law.
- Article 111
(1) The Constitutional Court shall consist of the President, two Vice-Presidents and six constitutional judges. They may not belong to any other state body during their term of office.
(2) The Constitutional Court shall form a Senate and three chambers, which shall prepare the decisions of the Senate. The chambers may unanimously rule on constitutional complaints and judicial proposals if the Senate has already ruled on the same point of law or if the matter is of minor importance or the legal situation is obvious.
(3) Proceedings before the Constitutional Court shall be free of charge.
- Article 112
(1) The judges of the Constitutional Court shall be elected by a judicial election Committee to be set up by the President of the Republic for a term of 12 years. Re-election is excluded.
(2) The Judicial Election Committee shall consist of: - the President of the Republic as Chairman; - two independent plenipotentiaries appointed by the Länder governments and a double number of deputies of the People's Chamber, who are appointed in accordance with the principles of proportional representation.
(3) The Committee shall decide by a majority of two-thirds of the votes of its members.
- Article 113
(1) The legal status of judges shall be regulated by special law.
(2) Federal judges shall be elected by a committee formed in accordance with the provisions of Article 112 (2), supplemented by the respective Minister of Technical Affairs. The Committee shall act by a majority of its members.
(3) The professional judges shall be appointed for life. They may be permanently or temporarily removed from office or transferred to another post or to retirement against their will only by judicial decision and only for reasons and under the forms which the laws determine. The law may set an age limit, at the achievement of which judges retire. In the event of changes in judicial districts, judges may be transferred to another court or retired, leaving the full salary.
Chapter IV Finances
- Article 114
(1) Unless otherwise provided by the Constitution, the Confederation and the Länder shall bear separately the expenses arising from the performance of their duties. Federal laws granting cash benefits must stipulate that the cash benefits are borne by the federal government.
(2) The Confederation may grant the Länder financial aid for particularly significant investments by the Länder and the institutions of local autonomy which are necessary to compensate for differences in economic power or to promote economic growth. Grants may also be granted for investments to promote environmental protection and improve agricultural structures. The details are determined by law, which requires the consent of the Chamber of States.
- Article 115
(1) The Confederation shall have the legislation on customs duties and taxes, insofar as it is not due to the Länder in accordance with sentence 2. The Länder have the power to legislate on local consumption and expenditure taxes.
(2) Customs duties, taxes and other charges may only be levied on the basis of statutory provisions.
(3) Federal laws on taxes, the revenue of which flows to the Länder in whole or in part, require the approval of the Länder Chamber.
- Article 116
(1) The following taxes are payable by the Confederation: - inch, - excise duties, insofar as they are not due to the Confederation and the Länder jointly in accordance with paragraph 4 or to the institutions of local autonomy in accordance with paragraph 3, - taxes on capital movements, - insurance tax.
(2) The following taxes shall be payable by the Länder:: - transfer tax, - property tax, - motor vehicle tax, - inheritance tax, - the race betting and lottery taxes.
(3) The following taxes shall be payable by the institutions of local autonomy: - business tax, - property tax, - local taxes.
(4) The federal government and the Länder are jointly entitled to income tax, corporation tax and value added tax (community taxes), insofar as the income tax is not allocated to the institutions of local autonomy in accordance with subsection (5). The shares of the federal government and the Länder are determined by law, which requires the consent of the Chamber of States. The federal government and the Länder are equally entitled to cover their necessary expenses within the framework of current revenues. The determination must be made in such a way that the uniformity of living conditions in the territory of the Confederation is established and maintained as far as possible. If additional expenditures are imposed on the Länder by federal law or revenue is withdrawn, the additional burden may be temporarily offset by federal financial allocations by federal law, which requires the approval of the Chamber of States.
(5) The institutions of local autonomy shall receive a share of the income tax revenue enabling them to carry out their duties. The share is passed on by the Länder to their local autonomy bodies, taking into account the different living conditions in accordance with the number of inhabitants. The details are determined by a law that requires the approval of the Chamber of States.
(6) A percentage to be determined by national legislation shall be allocated to the institutions of local autonomy of the Länder as a whole from their share of the total Community tax revenue. Moreover, state legislation determines whether and to what extent the revenue from state taxes accrues to the bearers of local autonomy.
(7) The institutions of local autonomy must be granted the right to set the rates of trade tax and property tax within the framework of the laws.
- Article 117
(1) The revenue of national taxes and the country's share in the revenue of income tax and corporation tax are due to the individual countries insofar as the taxes are collected by the tax authorities in their territory (local revenue). By law, which requires the consent of the Chamber of States, more detailed provisions can be made on the delimitation as well as on the nature and extent of the decomposition of the local income. The individual countries are entitled to the share of the revenue from value added tax in accordance with their number of inhabitants.
(2) A law requiring the approval of the Länder Chamber shall ensure that the different financial powers of the Länder are adequately balanced, taking into account the financial power and the financial needs of the institutions of local autonomy. The law may also stipulate that the federal government grants allocations from its resources to low-performing Länder to supplement their general financial needs (supplementary allocations).
- Article 118
(1) The Confederation and the Länder shall establish financial administrations.
(2) Customs duties and the excise taxes regulated by the federal government, including the import turnover tax, are administered by federal tax authorities. The structure of these authorities is regulated by Federal law.
(3) The other taxes shall be administered by the tax authorities of the Länder. The structure of these authorities and the uniform training of members of the public service are regulated by federal law, which requires the consent of the Länder Chamber.
(4) The administrative procedure to be applied by the federal tax authorities shall be governed by federal law. The procedure to be applied by the tax authorities of the Länder is regulated by federal law, which requires the consent of the Länder Chamber.
- Article 119
(1) The Federal Government and the Länder are independent and independent of each other in their domestic economy. They shall take into account the requirements of price stability, external balance and appropriate economic growth, with particular regard to the objective of full employment.
(2) Federal law, which requires the approval of the Länder Chamber, may establish principles for budgetary law, for budgetary economics and for multiannual financial planning that apply jointly to the federal Government and the Länder, and limit the borrowing of the Federal Government, the Länder and the institutions of local autonomy as well as other public budgets in order to prevent a disturbance of the overall economic balance.
- Article 120
(1) The budget of the Confederation shall serve to determine and cover the financial requirements necessary for the performance of the tasks of the Confederation for one year. The adopted budget is the binding basis for budgetary and economic management.
(2) The federal budget shall be adopted by law before the beginning of a financial year.
(3) The budget shall include all federal revenue and expenditure. In the case of state-owned enterprises, only supplies or deliveries need to be stopped.
(4) The budget must balance revenue and expenditure.
(5) The bill pursuant to subsection (2) and bills amending the Budget Act and the Budget shall be submitted to the People's Chamber at the same time as being forwarded to the Chamber of States; the Chamber of States shall be entitled to comment on the bills within six weeks, and in the case of bills amending the budget within three weeks.
- Article 121
(1) If, by the end of the accounting year, the budget for the following year has not been adopted by law, the government shall, until its entry into force, be authorized to pay any expenditure which is necessary: a) to maintain legally existing facilities and to implement legally adopted measures, b) to fulfil the legally justified obligations, c) to continue construction, procurement and other services or to continue to grant aid for these purposes, provided that amounts have already been approved by the previous year's budget.
(2) To the extent that revenue from taxes and other charges not based on special law covers the expenditure referred to in paragraph 1, the government may make available by credit the funds necessary to maintain economic management up to a quarter of the amount of the borrowing of the preceding financial year.
- Article 122
Excessive and unscheduled expenditure shall be subject to the approval of the Minister of Finance. It may be granted only in the event of an unforeseen and irrefutable need. Excess and unscheduled expenditure is to be offset by savings on other expenditure in the federal budget. Details can be determined by federal law.
- Article 123
Laws which increase the expenditure of the budget proposed by the government or which include new tasks or bring them with them for the future require the approval of the government. The same applies to laws that entail revenue reductions or bring them about in the future.
- Article 124
(1) The taking out of loans as well as the taking over of guarantees, guarantees or other guarantees, which may lead to expenses in future accounting years, require an amount according to specific or determinable authorization by federal law.
(2) The revenue from loans, the sum of the budgeted capital expenditure should not exceed. Exceptions are only permitted to prevent a disturbance of the overall economic balance.
(3) The details are regulated by federal law.
- Article 125
(1) In the course of the next year, the Minister of Finance shall report to the People's Chamber on all budget revenues of an accounting year as well as on their use and the debts of the Confederation for the relief of the government. The invoice must be accompanied by proof of assets.
(2) The audit of the financial accounts and of the soundness and regularity of budgetary and economic management shall be carried out by the Federal Court of Auditors. Its members have judicial independence. The second sentence of Article 65 (2) shall apply mutatis mutandis. It must report annually to the government, the People's Chamber and the Chamber of States on the results of its activities.
(3) The members of the Court of Auditors shall be elected by an election Committee to be set up by the President of the Republic. This Committee shall be composed of:
1. the President, as Chairman;
2. the President of the People's Chamber;
3. the members of the Finance Committee of the People's Chamber;
4. Finance Minister;
5. the Finance Ministers of the countries.
Chapter V Transitional and final provisions
- Article 126
(1) After the entry into force of this Constitution, the laws shall be decided exclusively by the legislative bodies of the Federation and the Länder provided for in this Constitution.
(2) Federal law shall continue to be the law of the German Democratic Republic, the subjects of which are not within the exclusive legislative power of the Länder.
(3) The law of the German Democratic Republic, the objects of which belong to the exclusive legislative power of the Länder, shall continue to be regarded as land law. For a period of four years from the entry into force of this Constitution, the Länder may amend, supplement or repeal this Land Law only jointly and with the consent of the Chamber of States. Until the first meeting of the Chamber of States, the People's Chamber may amend, supplement or repeal legislation that continues to apply as state law.
- Article 127
(1) The law of the German Democratic Republic shall continue to apply in accordance with this Article, insofar as it does not contradict this Constitution.
(2) The rights referred to in Articles 8 (2), 21 (4), 23 (3), 26 and 27 (3), fourth sentence, shall, pending the adaptation of the law in force to this Constitution, exist only to the extent existing on the date of its entry into force; the adaptation shall be completed by 31 December 1990 at the latest.
(3) Installations which, contrary to the provisions of Article 33 (2) and (3), cause hazards or damage to the natural environment may continue to operate for a period of five years from the date of entry into force of this Constitution, provided that they do not exceed the level of emissions caused by them on 31 March 1990 and that effective measures are taken without delay to reduce them gradually to the limit values permitted by this Constitution. The provisions of Article 33 (4) shall apply to contaminated sites only in accordance with the law.
- Article 128
The legislative mandates given in the third sentence of Article 21 (3) and the first paragraph of Article 113 shall be fulfilled by the Confederation and the Länder until 31 December 1990. Judges elected before the entry into force of this Constitution shall remain in office until the law referred to in Article 113 (1) becomes effective.
- Article 129
(1) With the entry into force of this Constitution, the countries referred to in Article 41 (1) shall be established.
(2) The People's Chamber must immediately pass a law which defines the borders of the Länder and contains provisional regulations on the institutions of Länder administrations as well as regulations for the constitution of the supreme state organs of the Länder (Länderrichtungsgesetz). This law requires a majority of two-thirds of the members of the People's Chamber.
- Article 130
Entitled to privileged naturalization are those who have been persecuted or threatened with persecution on the basis of their race or religion during the period from 30 January 1933 to 9 May 1945, if they or their descendants are again subjected to discrimination on the basis of their group membership.
- Article 131
(1) Land reform and the confiscation of property confirmed by Article 24 of the Constitution of the German Democratic Republic of 7 October 1949 are inviolable.
(2) Expropriations and other forms of deprivation of property, which were carried out in accordance with the law of the German Democratic Republic at the time of their execution, shall remain effective without prejudice to formal inaccuracies of land registers, cadastre and other public registers. The same applies to property rights that citizens have left behind after leaving the German Democratic Republic and which have been definitively transferred to third parties or are used by third parties in accordance with the applicable law of the German Democratic Republic. Use of such assets Rights must be protected. Users are entitled to acquire property under the valuation legislation in force on 31 December 1989, insofar as the property is in the hands of a public authority. As far as apartments, residential plots and plots used for recreational purposes are concerned, personal users have this right.
(3) Property that has been withdrawn in violation of the applicable law of the German Democratic Republic must be returned to the rightful owner upon request, insofar as it is still in the disposal of a public authority. This does not apply to apartments and residential plots, as well as plots used for recreational purposes. It also does not apply to property that has passed into the disposal of cooperatives and state-owned enterprises.
(4) If a refund pursuant to subsection (3) is excluded, the dispositions made in the meantime shall remain effective. The legal status of the users is determined in accordance with subsection 2 sentences 3 to 5. Uses are also to be protected if a refund takes place in accordance with subsection 3. Compensation must be paid to the previous owners. The compensation is to be determined on a legal basis, with a fair consideration of the interests of the general public and the parties involved, on the basis of the valuation law in force at the time of leaving the German Democratic Republic; in doing so, account must be taken of the time and the special personal circumstances that led to leaving the German Democratic Republic. Compensation can be paid in installments. In the case of burden-sharing payments with regard to the loss of assets, compensation is excluded. In appropriate cases, a mutually agreed balance of interests between the parties shall be promoted, replacing compensation.
(5) Full ownership of movable property which, under the legislation in force until 31 December 1989, was in the fiduciary administration of the State or of any other trustee shall be restored at the request of the persons entitled to it and, to the extent that the trustee has disposed of it, the proceeds shall be surrendered. This does not apply to movable property, used by state-owned enterprises or cooperatives.
(6) Insofar as the ownership of immovable property managed in trust does not pass to new legal entities in accordance with the following provisions, the full ownership rights of the entitled persons shall be restored at their request. Ownership of fiduciary managed apartments, residential land and land used for recreational purposes passes to the carriers of municipal autonomy, in the territory of which they are located. The provisions of subsection 2, sentences 3 and 4 shall apply to personal Users. Ownership of trust-managed immovable cooperative assets passes to the using cooperative. Ownership of immovable assets managed in trust passes to the trustee. It is to be transferred to the user companies as soon as they adopt the legal form of an independent company. Ownership of these companies belongs to the country in which they have their registered office. The provisions of paragraphs 4 to 8 shall apply.
- Article 132
(1) If unity is achieved by accession to the Federal Republic of Germany, the conditions under which the Basic Law of the Federal Republic of Germany is put into effect for the present territory of the German Democratic Republic shall be regulated by agreement. The fulfilment of the international and foreign economic obligations of the German Democratic Republic must be ensured.
(2) In order to be effective, the agreement shall require the approval of two-thirds of the members of the People's Chamber and confirmation in a referendum.
(3) This Agreement shall contain provisions for the accelerated approximation of the economic power of the regions situated in the present territory of the German Democratic Republic and the living conditions of their inhabitants to the conditions existing in the present territory of the Federal Republic of Germany. In order to realize the right of the citizens of the German Democratic Republic to participate in the democratic self-determination of the German people, efforts must be made to convene an all-German constituent assembly.
(4) The Agreement shall also provide that the human and civil rights guaranteed in this Constitution shall continue to apply in the present territory of the German Democratic Republic even if they constitute rights not contained in the Basic Law. This also applies to the direct attachment of third parties to these rights. They shall continue to apply as state constitutional law; the application of Article 31 of the Basic Law for the Federal Republic of Germany shall be excluded in this respect. The agreement should provide that the laws of the German Democratic Republic, with the above-mentioned Rights compatible with the basic law for the Federal Republic of Germany, by way of derogation from article 31 of the basic law for the Federal Republic of Germany, as a country right on the present territory of the German Democratic Republic. Amendments to the law in force under this paragraph shall be subject to the approval of all the Länder established in the present territory of the German Democratic Republic.
- Article 133
Until the election of the President of the Republic in accordance with Article 85, the President of the People's Chamber performs his duties and powers.
- Article 134
On the date of entry into force of this Constitution, the Constitution of the German Democratic Republic of 6 April 1968, as last amended on 5 April 1990, shall cease to be valid.
- Article 135
(1) For its adoption, this Constitution shall require a decision of the People's Chamber by a majority of two-thirds of its members and confirmation by referendum. It can be put into effect as a provisional basic law by a decision of the People's Chamber by a majority of two-thirds of its members.
(2) The Constitution shall be drawn up by the President of the People's Chamber and promulgated in the Journal of Laws of the German Democratic Republic.
- Article 136
This Constitution shall cease to be valid on the day on which a Constitution adopted by an all-German Constituent Assembly and confirmed by a referendum enters into force, or on the day on which it is repealed after the conditions laid down in Article 132 have been fulfilled.
Plant: Signature draft Constitution
Members of the Working and Expert Group
The working group of the Round Table "New Constitution of the GDR" consisted, in part alternately, of: Herbert Blahnik, DBD; Minister Tatjana Böhm, Unabhängiger Frauenverband; Klaus Emmerich, FDGB (Secretary of the AG); Erich Fischer, SPD; Tatjana Forner, Unabhängiger Frauenverband; Bernd Gehrke, Vereinigte Linke; Erwin Gehrt, Bund Freier Demokraten; Karl-Friedrich Gruel, PDS; Reinhard Gruhl, Demokratie Jetzt; Rainer Hannemann, Demokratischer Aufbruch; Bernhard Hellner, CDU; Witho Holland, Bund Freier Demokraten; Rainer Huhle, Bauernverband e. V. der DDR; Elfgard Künstler, Bund Freier Demokraten; Mareile Löber, Grüne Liga; Dietrich Meltzer, CDU; Erich Pannach, Domoewina; Minister Gerd Poppe, Initiative Frieden und Menschenrechte; Gerd Quilitzsch, FDGB; Peter Schindler, Bauernverband e. V. der DDR; Gert Schoppa, Bauernverband e. V. der DDR; Richard Schröder, SPD; Werner Schulz, Neues Forum; Kerstin Spyrka, DBD; Gudrun Stecklina, Demokratie Jetzt; Wolfgang Templin, Initiative Frieden und Menschenrechte; Minister Wolfgang Ullmann, Demokratie Jetzt; Gerhard Weigt, Demokratie Jetzt; Christine Weiske, Grüne Partei; Klaus Wolfram, Neues Forum; Vera Wollenberger, Green Party;
Expert group: Dr. sc. Tatjana Ansbach, Berlin; Prof. Dr. Axel Azzola, Darmstadt; Prof. Dr. Alexander von Brünneck, Hannover; Prof. Dr. sc. Bernhard Graefrath, Berlin; Dr. Bernd Hohmann, Berlin; Dr. Peter Müller, Oberkirchenratspräsident, Schwerin; Prof. Dr. Ulrich K. Preuß, Bremen; Dr. Gerd Quilitzsch, Berlin; Prof. Dr. Bernhard Schlink, Bonn; Prof. Dr. Karl-Heinz Schöneburg, Berlin; Dr. Dr. h.c. Helmut Simon, Retired Federal Constitutional Judge, Karlsruhe; Doz. Dr. Fritz Tech, Berlin; Doz. Dr. sc. Hans-Jürgen Will, Berlin; Prof. Dr. sc.
Editorial group: Dr. K. Emmerich (Secretary); Dr sc. E. Fischer; Dr. sc. K.-F Gruel; R. Gruhl; Doz. Dipl.- State science. B. Hellner; Dr. D. Meltzer; Dr. P Müller; Dr. G. Weigt; Dr. H. J. Will; Prof. Dr. R. Will; K. Wolfram
The preamble was written by the writer Christa Wolf.