Translation:Draft of the Constitution of the German Democratic Republic (1990)

by East German Round Table

For other versions of this work, see Constitution of the German Democratic Republic.

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.

Draft

Constitution the German Democratic Republic

Preamble

Based on the humanistic traditions to which the best women and men of all strata of our people have contributed,

mindful of the responsibility of all Germans for their history and its consequences,

willing to live as peaceful, equal partners in the community of nations, participating in the process of European unification, in the course of which the German people, too, will 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 solidary polity, which ensures the dignity

ensures the dignity and freedom of the individual guarantees equal rights for all, guarantees gender equality and protects 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. It is the supreme duty of the state to respect and protect it.

(2) Everyone owes everyone recognition as an equal. No one shall be discriminated against on the grounds of race, descent, nationality, language, sex, sexual orientation, social status, age, disability, religious, philosophical or political conviction.

Article 2

All people are equal before the public authorities. Any arbitrary or unjustified unequal treatment is prohibited.

Article 3

(1) Women and men shall have equal rights.

(2) The State shall be obliged to work towards the equality of women in employment 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 death. The right to physical integrity may be interfered with only by law.

(2) No one shall be subjected to cruel, inhuman or degrading treatment or punishment, or to medical or scientific experimentation without his voluntary and explicit consent.

(3) Women shall have the right to self-determined pregnancy. The State shall protect the unborn life by offering social assistance.

Article 5

General freedom of action is guaranteed subject to the law.

Article 6

(1) The right of free movement, entry and exit shall be granted to every citizen and to every foreigner and stateless person with permanent residence.

(2) These rights may be restricted by law for the purpose of combating epidemics and disasters. In order to avoid special burdens on the general public in securing an adequate livelihood, the right to freedom of movement, and in order to secure the execution of judicial decisions and the enforcement of legal obligations, the right to enter and leave the country may be restricted by law.

Article 7

(1) No citizen shall be deprived of his citizenship, nor shall he be expelled or extradited.

(2) Foreigners may not be extradited or expelled to any country where they are threatened with the impairment of their human dignity or the death penalty.

(3) Politically persecuted persons shall enjoy the right of asylum.

Article 8

(1) Everyone has the right to respect and protection of his personality and privacy.

(2) Everyone has the right to their personal data and to inspect files and records relating to them. Personal data may not be collected, stored, used, processed or disclosed without the voluntary and express consent of the entitled person. Restrictions to this right shall be required by law and must be brought to the attention of the entitled person.

Article 9

(1) The dwelling shall be inviolable.

(2) Searches may be authorized only by law. They may be ordered only by the judge. The law may provide that they may also be ordered and carried out by other public officials in the event of a present substantial danger and in the event of prosecution in the act; they shall be subject to judicial confirmation.

(3) Entry into the dwelling without the consent of the owner shall be permitted only for the purpose of averting a common danger or a danger to life and limb of individuals by law.

(4) The authority to enter and inspect premises used exclusively for business and commercial purposes in order to perform official acts without the consent of the holder shall require authorization by law or on the basis of a law.

Article 10

(1) The secrecy of correspondence, post and telecommunications shall be inviolable.

(2) Interference shall be permitted only by law following a judicial order and only for the purpose of combating serious, organized crime.

Article 11

(1) The freedom of conscience is guaranteed.

(2) If conscience conflicts with civic or civil duties, the citizen, if he does not wish to fulfill these duties, must offer other services and the state must open up other, equally burdensome duties.

Article 12

(1) Everyone shall have the right to liberty and security of person; restrictions of liberty may be made only to the extent provided by law and unavoidable.

(2) Everyone whose liberty is restricted shall be informed without delay of the reasons for the restriction of liberty. Persons deprived of their liberty must be brought before a judge without delay, but within 24 hours at the latest. The judge shall decide on the deprivation of liberty permitted by law in a reasoned written form or order release. The person concerned may request a judicial review of the continuation of the deprivation of liberty at reasonable intervals. A person trusted by the person concerned, and in the case of juveniles also the legal guardian, shall be notified of a deprivation of liberty and prior to any judicial decision on its order or continuation. The person concerned shall be given the opportunity to contact a legal counsel of his choice.

(3) Detained persons shall not be subjected to physical or mental abuse or harassment.

(4) Imprisonment and execution of sentences shall primarily serve the purpose of social reintegration. The imposition of work duties shall be permissible in the penal system.

(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 shall be deprived of his lawful judge. Everyone shall be entitled to a fair, speedy and public trial. The public may be excluded by court order only in accordance with the law.

(2) Criminal liability shall be determined by law. Criminal laws shall not have retroactive effect. Everyone shall be deemed not guilty until convicted by final judgment.

(3) No one may be held criminally responsible for the same act more than once. Everyone convicted shall have a legal right to have the sentence pronounced against him reviewed by a higher court.

(4) In the procedure of criminal prosecution, everyone shall have a legal right to the following guarantees, about which he shall be instructed in an appropriate manner:

1) He shall be promptly informed, in a language he understands, of the charges against him.

2) He shall be given the opportunity to be present at the judicial hearing and to defend himself or through counsel of his choice. If the case so requires, a defense counsel must be assigned to him; if he is indigent, this shall be done free of charge. Adequate preparation of the defense shall be provided.

3) He may, under the same conditions as the prosecution, demand the appearance of experts and witnesses and the production of evidence, and question witnesses and experts.

Article 14

(1) No one may be required to report other persons for committed or threatened criminal offenses. The law may provide for exceptions in the case of imminent serious criminal offences.

(2) No one may be compelled to testify against himself or against close persons designated by law.

(3) A right to refuse to testify shall be provided by law for members of the medical professions, legal professions, social services and pastoral workers. The confidentiality of information protected thereby may not be interfered with in any way.

Article 15

(1) Everyone shall have the right freely to express and disseminate information and opinions in any form and to obtain information from generally available and other legally accessible sources. The application of these rights in service and employment relationships may be restricted only by law or on the basis of a law.

(2) Freedom of the press, broadcasting and other mass media shall be guaranteed. The law shall ensure by procedural regulations that the diversity of opinions existing in society may be expressed in the press, radio and television.

(3) These rights shall find their limits in laws which may not restrict the freedom of opinion and information because of their intellectual content or intellectual effect. Legal restrictions for the protection of youth and honor shall be permissible. War propaganda as well as the public manifestation of discrimination injurious to human dignity shall be prohibited by law.

(4) The existing radio and television stations shall be established as independent public service broadcasters. They shall have the task of contributing to the formation of public opinion by offering a variety of programs. Their internal organization shall be regulated by law. Private radio and television stations may be licensed only by law and only if the performance of the task of the public service broadcasters is not thereby impaired.

(5) Legitimate journalistic activity may not be hindered by the obligation to testify, seizure and search.

(6) Censorship shall be prohibited.

Article 16

(1) Everyone has the right to assemble peacefully without registration or permission.

(2) For assemblies or processions in the open air, this right may be restricted only due to urgent requirements of public safety and only by law.

Article 17

Everyone has the right to form associations, to join them and to be active 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 manifest it publicly or privately, alone or with others. The need for worship and pastoral care in public institutions shall be met. There shall be no coercion of the freedom to choose or practice a religion or belief.

(2) The legal guardians shall be free to ensure the religious and ideological education of their children in accordance with their convictions.

Article 19

(1) Science is free. The state shall ensure the exercise of freedom of research and teaching.

(2) A law may restrict the admissibility of means or methods of research. It may provide for information requirements with respect to research involving particular risks.

(3) State-supported universities shall cultivate the sciences in research, teaching and training. They shall be corporations under public law and shall have the right of self-government in all academic matters within the limits of the law.

(4) Intellectual work, the right of authors and inventors shall enjoy the protection of the State.

Article 20

(1) Art shall be free.

(2) Cultural life and the preservation and communication of cultural heritage shall be promoted. The necessary funds shall be provided for this purpose in the budgets of the Federation, the Länder and the institutions of local autonomy.

Article 21

(1) Every citizen shall have the same right to political participation. The constitution and the laws shall determine how this right is exercised directly or through freely elected representatives.

(2) Every citizen who has reached the age of 18 shall have the right to participate in and be elected to general, equal, free, secret and direct elections to the People's Chamber, the Land parliaments and the local councils. Foreigners and stateless persons with permanent residence shall have the right to vote at the municipal level.

(3) Every citizen shall have 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 public servants exercising sovereign powers (civil servants) shall be regulated by law in accordance with the functional requirements of a citizen-oriented administration.

(4) Everyone whose rights and interests are affected by the public planning of projects, in particular of transport routes and facilities, energy facilities, production plants and large-scale constructions, shall have the right to participate in the procedure. The same right shall apply to associations of affected persons.

(5) Everyone shall have the right, individually and in association with others, to address any government agency with suggestions, criticisms and complaints. There shall be a right to be heard and to receive a reasoned decision within a reasonable period of time.

Article 22

(1) The family shall be protected and promoted by the State.

(2) Other cohabiting relationships which are permanent shall be entitled to protection against discrimination.

(3) Parents shall have the right and the duty to bring up their children. Those who bring up children are entitled to appropriate state assistance and social consideration. The state shall promote the possibility of gainful employment and vocational training for those bringing up children, in particular by regulating working hours.

(4) Children shall be granted a legal status by law which does justice to their growing capacity for understanding through the recognition of increasing independence.

(5) Children shall enjoy state protection against physical and mental neglect and maltreatment. Child labor shall be prohibited.

Article 23

(1) The community respects age. It respects disability.

(2) Every citizen has the right to social security against the consequences of illness, accident, invalidity, disability, need for care, old age and unemployment.

(3) The right shall be guaranteed by insurance schemes under public law, in which everyone is entitled and obliged to participate. The insurance schemes shall include at least unemployment benefits and an old-age pension for everyone.

(4) In case of special hardship, there shall be a right to social welfare.

(5) The aim of social security and social welfare is to enable people to live their lives on an equal footing and on their own responsibility. In homes, the residents are entitled to joint responsibility and joint decision-making rights.

Article 24

(1) Every citizen shall have the right to equal, free access to public educational and training institutions. This right may be interfered with only by law or pursuant to a law.

(2) There shall be compulsory education for at least ten years. Schools shall promote the abilities and talents of pupils. The school system shall ensure the openness and permeability of educational courses.

(3) The State shall promote the establishment and maintenance of nursery schools and kindergartens and after-school care centers.

(4) Schools other than State schools which meet minimum standards established by law may be chosen for school attendance. The establishment of private schools shall not lead to the segregation of pupils according to the income of their parents. Private schools shall be entitled to public financing insofar as this does not jeopardize the primacy of the private school system.

(5) Pupils and students shall be entitled to state educational assistance in accordance with the law.

Article 25

(1) Every citizen shall have the right to adequate housing; statutory protection against dismissal shall be provided. In weighing the interests of the user and the owner of the dwelling, particular weight shall be attached to the overriding importance of the dwelling for the conduct of a decent life. An eviction may only be carried out if a replacement is available.

(2) Social housing construction and housing preservation shall be promoted by the state. The State shall be 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 his or her profession. This freedom can only be interfered with by law or on the basis of a law.

Article 27

(1) Every citizen shall have the right to work or to work promotion.

(2) The right of every citizen to freely dispose of his labor and to freely choose his place of work shall be guaranteed. Public employment and service obligations shall be permitted only for special purposes established by law. They must be equal for all. Women may be required to perform public service only to avert current emergencies. Compulsory military service shall be abolished.

(3) The State shall protect the labor force through legal regulations on occupational safety, industrial hygiene and the limitation of working hours. It shall promote the right of individuals to use their labor to lead a life of dignity. In its economic policy, it shall, as a rule, give priority to the goal of full employment. In the event of unemployment or the threat of unemployment, every citizen has the right to publicly financed measures to promote employment. In this context, further vocational training or retraining shall be given priority over unemployment benefits and unemployment assistance.

(4) There shall be a right to equal pay for equal work.

(5) Apprentices, pregnant women, single parents, sick persons, disabled workers and older workers shall enjoy extended protection against dismissal.

Article 28

Every working person employed in a business or enterprise shall have the right to participate in decision-making through representative bodies in the economic, social and personnel affairs of the business and also of the enterprise if the latter is of particular importance 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) The right of ownership and inheritance shall be guaranteed. The forms, content and scope are determined by law. Property shall be subject to social obligation.

(2) Personal property and cooperative property, as well as pension rights and entitlements acquired on the basis of personal performance, shall enjoy special protection under the Constitution. The acquisition of personal ownership of apartments and residential land and the formation of cooperative ownership shall be encouraged.

(3) The sovereign transfer of ownership or of individual property rights to a third party for reasons of general welfare (expropriation) shall be permitted. The expropriation of personally used property shall be permissible only for urgent reasons of general welfare. Expropriation may only be carried out by law or on the basis of a law regulating the type and extent of compensation. If existing property rights are altered by law or on the basis of a law and if this imposes a serious pecuniary disadvantage on the owner (special sacrifice), provision shall be made for victim compensation. Compensation and victim compensation shall be determined by fairly weighing the interests of the general public and of the parties involved; only to the extent that personally used property is affected shall the loss in value be fully compensated. Property used for personal purposes shall be deemed to be equivalent to cooperative property.

Article 30

The formation of cartels and market-dominating companies is not permitted. Exceptions are only possible on a statutory basis in the interests of safeguarding endangered jobs, promoting structurally weak regions and maintaining international competitiveness.

Article 31

(1) Land and business enterprises may, for the purpose of socialization, be transformed into independent public enterprises by a law regulating the nature and extent of compensation. The fifth sentence of paragraph (3) of Article 29 shall apply mutatis mutandis to the compensation.

(2) The State and the holders of municipal autonomy shall be entitled to participate in economic life for 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 on the basis of a law.

Article 32

(1) The use of land and waters shall be particularly committed to the interests of the general public and future generations. Their marketability may be restricted by law. The use of land shall be permitted only within the framework of land use planning. The ownership and use of agricultural and forestry land exceeding one hundred hectares shall be reserved for cooperative and public institutions and churches. The sale of land and the granting of rights of use to foreigners shall be subject to approval.

(2) If the value of land increases due to its conversion into building land by planning, the holders of municipal autonomy shall be entitled to compensation for the increase in value. This compensation for planning value shall, as a rule, be provided by the surrender, without compensation, of a share of the planned land. The share shall correspond to the extent of the increase in value, but shall not exceed half of the land.

(3) The extraction of mineral resources shall be subject to state approval. In this connection, special weight shall be attached to 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. State environmental policy shall take precautions against the occurrence of harmful effects on the environment and shall work towards the economical use and reuse of non-renewable raw materials and the economical use of energy.

(2) Severe impairment or endangerment of the natural environment may be permitted only to the extent that this is indispensable for the protection of paramount public interests.

(3) No one may be injured in his health or unreasonably endangered by adverse changes in the natural basis of life. Anyone claiming to be endangered or injured in his right to life and physical integrity by adverse changes in the natural environment may demand disclosure of the data on the environmental condition of his living environment. The representative action shall be admissible.

(4) Those who cause environmental damage shall be liable and responsible for compensatory measures.

(5) The State and the holders of local autonomy shall be obliged to keep the accesses to mountains, forests, fields, lakes and rivers free for the general public and, if necessary, to make them free through 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 shall guarantee and protect their right to use and cultivate their language, culture and traditions. It shall maintain or support the institutions necessary for this purpose, especially in the social and educational sectors. The Sorbs have the right to use their mother tongue before the administrative authorities and the courts. The needs of the Sorbs shall be given special consideration in state and regional planning.

(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 thereby influence the formation of public opinion (citizens' movements) shall enjoy the special protection of the Constitution as bearers of free social organization, criticism and control.

(2) Citizens' movements whose activities extend to the area of a Land or of the Federation shall have the right to present their concerns and to have them dealt with objectively in the competent committees of the People's Chamber or of the Land parliaments. Provided that the personality and privacy of third parties are not violated, they shall be entitled, after weighing conflicting public interests, to access to the information available to public administration bodies concerning their concerns.

Article 36

(1) The freedom of associations shall be guaranteed. They shall have the right to determine their internal order freely and independently.

(2) The internal organization of associations shall conform to democratic principles insofar as they predominantly represent the interests of their members in public or participate in the performance of public tasks of the state or of public tasks which are predominantly financed by the state. The same shall apply to associations which are not exposed to substantial competition in their sphere of activity. Within the scope of the association's purpose, members shall have the right to the unimpeded exercise of freedom of opinion and assembly and to freedom of group formation. Equal participation in the formation of will within the association shall be guaranteed.

(3) Associations within the meaning of subsection (2), second sentence, may not deny membership on unlawful grounds.

(4) The law may provide that associations which, by virtue of their purpose or activities, violate the criminal laws, shall be subject to restrictions or prohibited.

Article 37

(1) The freedom of parties to participate equally in the formation of political will in society shall be guaranteed.

(2) The internal organization of the parties shall conform to democratic principles. Members shall have the right to the unimpeded exercise of freedom of opinion and assembly within the framework of the party program, and to equal participation in the formation of party opinion.

(3) Parties shall be publicly accountable for their financing. The reimbursement of election campaign costs shall be subject to a separate decision by citizens entitled to vote (citizens' bonus). These provisions shall also apply to citizens' movements insofar as they participate in elections to the People's Chamber or to the Land parliaments.

(4) Parties which systematically and persistently attack human dignity in their programmatic activities or which in this way violate the principles of an open and non-violent political will-forming process through their activities may, if dangers to the political will-forming process cannot otherwise be averted, be excluded from an election or banned. Decisions shall be reserved for the Constitutional Court; their effect shall be limited in time. No discrimination against the party or its members shall be permitted prior to a decision by the Constitutional Court. The civil and civic rights of the members shall also not be affected in any way by the decisions of the Constitutional Court.

Article 38

(1) The freedom of churches and religious communities shall be guaranteed. They shall organize and administer their affairs independently within the limits of the laws applicable to all. The equivalence of the social protection of church employees with the guarantees under general labor and social law shall be guaranteed.

(2) Churches and religious communities shall, upon application, be granted the legal status of public corporations.

(3) The State shall promote and support churches and religious communities in accordance with agreements, in particular in their social activities and in the preservation of their cultural heritage. On the basis of agreements, the State may assume the inclusion of membership fees for churches and religious communities in return for reimbursement of administrative costs.

Article 39

(1) Everyone shall have the right to form and join trade unions and to engage in trade union activities in accordance with their purposes. Agreements which restrict or seek to hinder this right shall be null and void; measures directed to this end shall be unlawful and subject to sanctions by law. The establishment of professional associations under public law with compulsory membership shall be inadmissible.

(2) The freedom and independence of trade unions shall be guaranteed. They shall have the right of access to workplaces. The details of trade union activities in enterprises shall be regulated by law.

(3) Trade unions shall be free from any opponents under collective bargaining law. Their internal organization shall conform to democratic principles. The right of members to the unimpeded exercise of freedom of opinion and assembly, to freedom of group formation and to equal participation in the decision-making process within trade unions shall be guaranteed.

(4) Trade unions shall have the right to conclude collective agreements on all matters affecting the working and living conditions of working people. The parties to collective agreements shall be trade unions and their umbrella organizations, enterprises of all forms of ownership and associations of enterprises, the Federation, the Länder and the institutions of local autonomy.

(5) The right of trade unions to strike shall be guaranteed. In the event of labor disputes, compensation for damages, but not the threat and levying of penalty payments to enforce judicial decisions, shall be excluded. Wage compensation for production losses indirectly caused by labor disputes is a common burden of social autonomy and shall be reimbursed to the enterprises in accordance with statutory regulations.

(6) A lockout terminating the labor-management relationship shall be prohibited. Lockouts of any kind shall be prohibited in establishments which are not on strike.

Section 5 Validity

Article 40

(1) The human and civil rights set forth in this Constitution shall be directly binding on the legislature, the executive power, the judiciary and, to the extent provided for by the Constitution, on third parties.

(2) Insofar as human and civil rights may be restricted by law or on the basis of a law, the principle of proportionality must be observed. Such restrictions shall 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 applicable to them by their nature.

(4) If a person's human and civil rights are violated, he may sue for them through the courts.

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 based on the rule of law and consists of the Länder ... It is committed to the goal of creating a pan-European peace order which overcomes the situation created in Germany by the Second World War on the basis of reconciliation with all peoples who have been oppressed and persecuted by Germans. Within this framework, the German people will determine for themselves the state organization of Germany.

(2) The German Democratic Republic is committed to the goal of establishing the unity of the two German states.

Article 42

(1) The people shall be the bearers of state power.

(2) The legislature shall be bound by the norms of the Constitution, the 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 shall be directly applicable federal law.

Article 43

The state flag of the German Democratic Republic bears 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 subject to the consent of the Chamber of States, sovereign rights may be transferred to intergovernmental bodies, in particular to joint bodies of the two German States. Article 132, paragraphs 1 and 2, shall remain unaffected.

(2) The limitation of sovereign rights in favor of a system of collective security within the framework of a pan-European peace order shall be permissible.

Article 45

(1) The German Democratic Republic shall promote all efforts and measures directed toward balanced disarmament.

(2) The preparation or waging of a war of aggression is prohibited.

(3) Weapons may be manufactured, transported and placed on the market only with the authorization of the Government. They may be exported only to States belonging to the same collective security system.

Section 2 State liability

Article 46

For damage caused to a third party by unlawful acts or omissions of employees of a public authority in the performance of official duties, the public authority whose employee caused the damage shall be liable. Further details are regulated by law.

Section 3 The Federation, the Länder and local autonomy

Article 47

(1) The constitutional order in the Länder shall conform to the principles of the democratic and social constitutional state.

(2) The Länder shall be responsible for the performance of governmental functions insofar as they are not assigned by this Constitution to the Federation or to the institutions of local autonomy.

Article 48

(1) Federal law shall override Land law.

(2) If a Land violates the duties incumbent upon it under the Constitution or any other federal law, the Government may, with the consent of the Chamber of States, take the necessary measures to compel the Land to fulfill its duties. For this purpose, the Government or its agents shall have the right to issue instructions to the Land and its authorities.

(3) Legal and administrative assistance exercised within the Federation shall also be granted to the Länder, and legal and administrative assistance exercised within a Land shall also be granted to other Länder and to the Federation.

Article 49

(1) The maintenance of relations with foreign states and with the Federal Republic of Germany shall be the responsibility of the Federation.

(2) Treaties and agreements with foreign states or with the Federal Republic of Germany which affect the competences of the Länder shall require the consent of the Chamber of States. Before the conclusion of any treaty or agreement affecting the special circumstances of a Land, agreement shall be reached with the Land concerned. If no agreement is reached, the Chamber of States shall decide.

(3) Insofar as the Länder have exclusive legislative competence, they may conclude treaties and enter into agreements with foreign states, the Federal Republic of Germany and its Länder. Consultation with the Government of the Federation shall be established.

Article 50

(1) The right of the bearers of municipal autonomy to regulate and administer the affairs of the local community under their own responsibility within the framework of the law shall be guaranteed. It includes the statutory, organizational, personnel, planning and financial sovereignty.

(2) The institutions of local autonomy shall be enabled to perform their duties by means of financial equalization. Tasks may be taken away from them only by law and only if they are unable to fulfill them.

(3) The following shall be the responsibility of the institutions of municipal autonomy

1. local transport and urban land-use planning;

2. local public transport;

3. local housing procurement and housing administration; and

4. social assistance;

5. basic health care, including health insurance

6. child care facilities;

7. care for the elderly;

8. the services of general interest for persons with disabilities;

9. educational institutions, with the exception of colleges and technical schools;

10. the promotion of culture, youth and mass sports including their facilities;

11. the creation and maintenance of local recreation areas and leisure facilities;

12. the safeguarding of public safety by local police authorities;

13. the promotion of the local economic structure;

14. the supervision of construction, in particular the issuing of building permits;

15. the prevention, recycling and disposal of household waste and wastewater;

16. the promotion of town and community twinning.

(4) Insofar as other tasks have hitherto been performed by the districts, cities and municipalities, they shall be performed by the agencies of municipal autonomy as matters of self-government or as commissioned matters. Further tasks may be transferred by law.

(5) The Länder shall exercise legal supervision in matters of municipal autonomy and technical supervision in other matters.

Section 4 The People's Chamber

Article 51

(1) The People's Chamber shall be the supreme organ of the formation of the will of the State. It shall have 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 the functions and exercise all the powers of the Federation, unless they are expressly reserved by this Constitution to other organs.

(2) The opposition is a necessary component of parliamentary democracy. It shall stand as an alternative to the Government majority and shall have the right to equal opportunity.

Article 52

(1) The People's Chamber shall consist of 400 deputies. The People's Chamber may not include the President of the Republic, the members of the Constitutional Court, the members of the Court of Audit, the members of the State Bank and the Data Protection Commissioner.

(2) Deputies shall be representatives of the whole people and shall not be bound by orders and instructions. No one may force a deputy to decide against his conviction.

(3) Deputies shall have the right to speak in the People's Chamber or its committees, to put questions and motions and to cast their votes in elections and resolutions. The Rules of Procedure shall guarantee the right of non-factional Deputies to speak and to participate in the committees.

(4) Deputies shall be entitled to an independent salary, an expense allowance and free use of public transport. The rights of Deputies shall be non-transferable and nonseizable.

Article 53

(1) A deputy may at no time be prosecuted or otherwise held responsible for his vote or for any statement he has made in the People's Chamber or in one of its committees.

(2) A deputy may neither be deprived of the right to speak nor be prevented from attending meetings for remarks he makes in the exercise of his right to speak. In other cases, exclusion from the meeting may be effected only by a majority of three quarters of the Deputies present. Exclusion from the meeting may not lead to exclusion from a vote.

(3) A deputy may be prosecuted for an act punishable by law only with the permission of the People's Chamber. In the case of arrest and other coercive measures of prosecution, a decision of the People's Chamber must be brought about without delay. Until the decision of the People's Chamber, its President shall exercise the rights due to the investigating judge. The permission of the People's Chamber shall also be required in the case of any other restriction of the personal freedom of the deputy.

(4) Any criminal proceedings, deprivation of liberty or other restriction of personal liberty shall be suspended at the request of the People's Chamber. The decision to suspend shall also apply to the period between election periods until it is revoked.

(5) Deputies shall be entitled to refuse to testify. Even after the end of their mandate, deputies shall be entitled to refuse to testify about facts and persons with which they were concerned in their capacity as deputies. The right to refuse to testify shall not expire upon termination of the mandate. Seizure shall be inadmissible to the extent that the right to refuse to testify extends.

Article 54

(1) A candidate for deputy shall be entitled to the leave necessary for the preparation of his election.

(2) No one shall be prevented from accepting and exercising a mandate. Termination or dismissal for this reason shall be inadmissible.

Article 55

(1) The electoral term of the People's Chamber shall end four years after it first convenes or upon its dissolution. New elections shall be held in the last quarter of the electoral period, in the case of dissolution on the Sunday following the 49th day of dissolution.

(2) The People's Chamber shall convene no later than the 30th day after the election, but not before the end of the term of the last Parliament.

(3) The People's Chamber may at any time decide to dissolve itself by a majority of two-thirds of its members.

(4) The People's Chamber shall determine the closing and resumption of its sessions. The President of the People's Chamber may 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 shall be the President, the Presidium, the Council of Elders, the committees and the parliamentary groups.

(2) The President shall conduct the business of the People's Chamber. He shall exercise the power of order and domiciliary rights in the building of the People's Chamber. No search or seizure may take place on the premises of the People's Chamber without his authorization.

(3) The President shall administer the entire economic affairs of the People's Chamber in agreement with the Presidium and shall adopt the draft budget of the People's Chamber. The President shall be the supreme service authority of the employees of the People's Chamber. He shall require the approval of the Presidium for their hiring and dismissal. The President shall represent the People's Chamber in all internal and external affairs.

Article 57

(1) Associations of deputies shall have the status of a parliamentary group if they comprise five percent of the number of Deputies. The Rules of Procedure may specify a lower percentage.

(2) The parliamentary groups shall have seats and votes in the organs of the People's Chamber. In the allocation of speaking time, the opposition shall not be disadvantaged vis-à-vis the majority and the Government.

(3) The ability of the parliamentary groups and the individual deputies, including those without parliamentary groups, to work shall be ensured. This shall include the establishment and technical equipment of offices and the financing of staff and material requirements.

Article 58

(1) The People's Chamber shall be responsible for reviewing elections. Appeals against the decision of the People's Chamber may be lodged with the Constitutional Court.

(2) The mandate shall end upon loss of eligibility or upon renunciation. Withdrawal of the mandate shall be inadmissible.

Article 59

(1) The People's Chamber and its committees shall hold public hearings. The public may be excluded in the People's Chamber by a two-thirds majority, in the committees by a majority of the members. A decision on the motion shall be taken in closed session.

(2) The People's Chamber shall constitute a quorum if more than half of its members are present. It shall pass its resolutions by a majority of the votes cast, unless otherwise provided in this Constitution.

(3) Reporting on the public sessions of the People's Chamber and its committees and publicly accessible documentation on the course and outcome of the sessions shall be guaranteed. No one may be held responsible for truthful reports on the sessions.

Article 60

(1) The People's Chamber and its committees may request the presence of any member of the Government, who must be available to answer questions from the People's Chamber.

(2) The members of the Government and the members of the Chamber of States shall have access to the sessions of the People's Chamber and its committees. The members of the Government and of the Chamber of States shall have the right to speak. The Prime Minister must be heard at all times.

Article 61

(1) In the deliberations of the committees, all parliamentary groups shall have the right to be heard by at least one expert nominated by them.

(2) Anyone proposing legislation shall be heard by the relevant committees. Subcommittees may be formed for this purpose.

Article 62

(1) The People's Chamber shall appoint a committee to deal with suggestions, criticisms and complaints. The chairman of the committee shall also be the citizen's advocate.

(2) The Government and the Administration shall be obliged to submit files to the Committee upon request, to grant access to public institutions, to provide all necessary information and to render administrative assistance.

Article 63

(1) The People's Chamber shall have the right and, at the request of a parliamentary party, the duty to establish committees of inquiry to take evidence in open court as it or the petitioners deem relevant. 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 Investigative Committee. He shall not be a member of any of the parties or civic movements forming the Government.

(3) The provisions of the Code of Criminal Procedure shall apply mutatis mutandis to the taking of evidence. At the request of one-fifth of the members of the Investigative Committee, the Government and the administration shall be obliged to grant their employees permission to testify. Courts and administrative authorities shall provide legal and administrative assistance. The secrecy of correspondence, post and telecommunications shall remain unaffected.

(4) The investigation report shall not be subject to judicial discussion. The courts shall be free to assess the facts on which the investigation is based.

Article 64

(1) The People's Chamber shall appoint a Standing Committee to safeguard the rights of the People's Chamber vis-à-vis the Government between two electoral periods.

(2) The Standing Committee shall also have the rights of a committee of inquiry, but not the right to pass laws, elect the Prime Minister, vote him or ministers out of office, or impeach the President of the Republic.

Article 65

(1) For the protection of human and civil rights and as an auxiliary organ of the People's Chamber, the Citizen's Advocate, a Commissioner for Gender Equality, a Commissioner for the Execution of Sentences and a Commissioner for Foreigners shall be appointed. They shall be elected by the People's Chamber for a term of six years by a majority of two-thirds of its members. They may be voted out of office by the same majority. Re-election shall be permitted once.

(2) The commissioners shall be independent in the exercise of their office and subject only to the law. The Government and the Administration shall be obliged to submit files to them upon request, to grant them access to public institutions, to provide all necessary information and to render administrative assistance.

(3) The commissioners shall report publicly to the People's Chamber annually. The People's Chamber and its committees may request the presence of the commissioners at any time.

(4) No one may be reprimanded or disadvantaged because of his submissions or because of information given to the commissioners.

Section 5 The Chamber of States

Article 66

(1) Through the Chamber of States, the Länder shall participate in the legislation and administration of the Federation.

(2) The Chamber of States shall consist of members of the governments of the Länder, who shall be appointed and dismissed by them. Substitution shall be permissible.

(3) Each Land shall have at least three votes. Länder with more than two million inhabitants shall receive one additional vote for each additional million inhabitants. Remaining numbers shall be rounded.

(4) The votes of the Länder may be cast only uniformly and only by present members of the Chamber of States or their representatives. The Länder may send no more members than the number of votes to which they are entitled.

Article 67

(1) The Chamber of States shall elect a President annually.

(2) The President shall convene the Chamber of States. He shall be obliged to convene the Chamber of States at the request of a Land or of the Prime Minister.

(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 proceedings of the Chamber of States shall be public. The public may be excluded with the consent of two thirds of the Länder.

(5) The committees of the Chamber of States may include other members or representatives of the Länder governments.

Article 68

The members of the Government shall have the right and, upon request, the duty to attend the proceedings of the Chamber of States and its committees. They must be heard at all times.

Section 6 Government

Article 69

The Government has the task of state management and the responsibility for the executive power of the Federation.

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 receives the votes of the majority of the members of the People's Chamber shall be elected. The person thus elected shall be appointed by the President of the Republic.

(3) If the person proposed is not elected, the People's Chamber may elect a Prime Minister by a majority of its members within three weeks after the ballot.

(4) If an election is not held within the period provided for in subsection (3), a new ballot shall be held without delay, in which the person receiving the majority of the votes cast shall be elected. If the elected person obtains the votes of the majority of the members of the People's Chamber, the President of the Republic must appoint him. If the elected person does not obtain this majority, the President of the Republic shall, within seven days, either appoint him or dissolve the People's Chamber.

Article 71

Ministers shall be appointed and dismissed by the President of the People's Chamber on the proposal of the Prime Minister. The Prime Minister shall appoint his deputies from among the ministers.

Article 72

The Prime Minister and the Ministers shall take the following oath before the People's Chamber upon assuming office: "I swear that I will devote my strength to the welfare of the people, uphold the law and the laws of the German Democratic Republic, fulfill my duties conscientiously, and do justice to everyone." A religious affirmation may also be added to the oath.

Article 73

The Prime Minister and the ministers may not hold any other salaried office, trade or profession. The People's Chamber shall decide on participation in economic enterprises if the enterprise is a profit-making one.

Article 74

(1) The Prime Minister shall direct the affairs of the Government and determine the guidelines of policy within the framework of the government program approved by the People's Chamber. Within these guidelines, each minister shall manage his portfolio independently and on his own responsibility.

(2) The Government shall decide on disagreements among ministers. The Prime Minister shall direct the Government's business in accordance with 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 express its lack of confidence in the Prime Minister only by electing a successor by a majority of its members. The elected person shall be appointed by the President of the Republic.

(2) A period of 48 hours must elapse between the motion and the election.

Article 76

(1) If a motion 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 must dissolve the People's Chamber on the 21st day after the vote, if it does not elect a Prime Minister by a majority of its members in the meantime.

(2) Forty-eight hours must elapse between the motion and the vote.

Article 77

(1) The term of office of the Prime Minister and of the ministers shall expire upon the convening of a new People's Chamber, and the term of office of a minister shall also expire upon the resignation or any other expiry of the term of office of Prime Minister.

(2) Any minister must resign if the People's Chamber withdraws its confidence in him.

(3) If the term of office of the Prime Minister expires, he and with him the Government shall be obliged to continue their business until the new Government to be formed takes over. 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 shall be the Head of State.

Article 79

(1) The President shall represent the German Democratic Republic under international law. He shall certify and receive the heads of diplomatic missions.

(2) If the President is unable to exercise his functions, he shall be substituted by the President of the Chamber of States.

Article 80

Treaties with foreign states and treaties with the Federal Republic of Germany which relate to matters in respect of which the Federation has legislative power shall require the consent of the People's Chamber in the form of a law insofar as they are intended to create domestic rights and obligations. The provisions of this Constitution relating to the participation of the Chamber of States shall remain unaffected. Other treaties shall require the consent of the People's Chamber insofar as they are of considerable significance 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 Court of Audit of the Federation, on the recommendation of the electoral committees established under him.

(2) A Federal Commissioner for Data Protection shall be appointed under the President. The Commissioner for Data Protection shall be appointed and nominated by the President. Article 65, paragraphs 2 to 4, shall apply.

Article 82

The President shall exercise the federal right of clemency.

Article 83

The President shall endow and confer orders.

Article 84

The President may appoint commissions of experts on subjects of special importance to the general public.

Article 85

(1) The President shall be elected without debate by the Federal Convention for a term of four years. Re-election shall be permitted. The Federal Convention shall consist of all members of the People's Chamber, of the Land parliaments, and of the people's representatives of the districts and independent cities.

(2) The Federal Convention shall meet at the same hour, separately for each Land, for the act of election. In the Länder, the Land parliaments and the people's assemblies of the districts and independent cities shall meet together. The deputies of the People's Chamber shall 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 shall be presided over by the Presidents of the Land Parliaments.

Article 86

(1) The person who receives the majority of the votes of the Federal Convention shall be elected.

(2) If the President is not elected in the first round of voting, only the three candidates who received the most votes in the first round shall be admitted to the second round of voting, which shall be held without delay. The candidate who receives the most votes shall be elected.

(3) After accepting his election, the President shall take the oath of office before the People's Chamber in the formula set forth in Article 72. The second sentence of Article 72 shall apply.

Article 87

(1) The President shall enjoy immunity and indemnity.

(2) For violation of his official duties, the President may be held responsible only by the Constitutional Court. The People's Chamber shall be entitled to file a motion. The motion shall require the consent of two-thirds of its members.

Article 88

The President may not be a member of a government or a legislative body. He shall not hold any other salaried office, trade or profession, or be a member of the board of directors or supervisory board of any enterprise.

Chapter III Functions of the state

Section 1 Legislative Power

Article 89

Laws are passed by the People's Chamber or by referendum.

Article 90

(1) If the laws of the Federation are passed by the People's Chamber, they shall require the consent of the Chamber of States in order to become 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 resolution of the Chamber of States. At least two readings shall be provided for and the committees shall be given sufficient time to deliberate.

(3) Government bills shall be submitted to the People's Chamber together with a statement by the Chamber of States, and bills by the Chamber of States shall be submitted to the People's Chamber together with a statement by the Government. The period for comment shall be six weeks.

Article 91

(1) Except in the other cases specified in this Constitution, the approval of the Chamber of States shall be required for laws of the People's Chamber on:

1. Changes in the boundaries of the Länder;

2. the establishment of independent agencies of the federal administration;

3. the construction of the judiciary;

4. the distribution of taxes levied by the Federation;

5. regional planning and specialized planning by the Federation;

6. the administrative procedure.

(2) If the enactment of a law was subject to approval, this shall also apply to subsequent amendments to the law.

Article 92

(1) After their adoption in the People's Chamber, laws shall be forwarded by its President to the Chamber of States without delay.

(2) The Chamber of States may, within two weeks of receipt of the legislative resolution, request that a committee composed of an equal number of members of the People's Chamber and of the Chamber of States be convened for the joint consideration of bills. The composition and procedure of this committee shall be regulated by rules of procedure which shall require the consent of the People's Chamber and the Chamber of States. The members of the Chamber of States appointed to this committee shall not be bound by instructions. If a law requires the approval 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 resolution on the law, the People's Chamber shall again pass a resolution.

(3) Insofar as the consent of the Chamber of States is not required for a law, the Chamber of States may, when the procedure under subsection (2) has been completed, lodge an objection to a law passed by the People's Chamber within one week. In the case referred to in the last sentence of paragraph 2, the period for lodging an objection shall commence upon receipt of the resolution again adopted by the People's Chamber; in all other cases, it shall commence upon 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 decision of the majority of the members of the People's Chamber. If the Chamber of States has decided on the objection by a majority of at least two-thirds of its votes, the rejection by the People's Chamber shall require a majority of two-thirds of those present, and at least a majority of the members of the People's Chamber.

Article 93

A law passed by the People's Chamber shall come into effect if the Chamber of States assents, fails to make the motion referred to in paragraph (2) of Article 92, fails to object or withdraws it within the period referred to in paragraph (3) of Article 92, or if the objection is overruled by the People's Chamber in accordance with the provisions of paragraph (4) of Article 92.

Article 94

(1) By law, the Government may be authorized to issue ordinances. The ordinance shall specify the legal basis. Ordinances amending the law shall be excluded.

(2) The law may provide that the competent committee of the People's Chamber shall be heard before the ordinance is issued and that its effectiveness shall be conditional upon the committee not objecting to the ordinance. If a law requires approval, this shall also apply to ordinances.

(3) Framework laws may provide that the Land parliaments shall issue ordinances by applying subsections (1) and (2) mutatis mutandis.

Article 95

The Federation and the Länder shall have the right of legislation insofar as the Constitution expressly assigns this right to them. In other areas, the Länder shall have the legislative power insofar as and as long as the Federation has not exercised its right. The Federation may enact framework laws in the areas of its legislation.

Article 96

The Federation has exclusive legislation on:

1. foreign affairs;

2. citizenship;

3. civil law and civil procedure, criminal law and criminal procedure, labor and social law, including industrial relations and procedural law, the judiciary;

4. freedom of movement, passports, immigration, emigration and extradition;

5. currency, money and coinage, weights and measures, and the determination of time;

6. the unity of the customs and commercial territory, commercial and shipping treaties, the free movement of goods and the movement of goods and payments with foreign countries, including customs and border protection;

7. the law of the economy, including the constitution of enterprises;

8. land law and land transactions, including the right of expropriation;

9. mining, energy supply including the law of nuclear energy;

10. defense matters;

11. the Reichsbahn and air transport, federal waterways and highways;

12. postal and telecommunications services;

13. the legal relations of persons in the service of the Federation and of federal corporations under public law;

14. the protection of industrial property, copyright and publishing law;

15. the organization of the criminal police, international crime fighting and counterintelligence;

16. statistics for federal purposes;

17. the other cases provided for in this Constitution.

Article 97

The Länder have exclusive legislation on:

1. the state constitutional law;

2. the state spatial planning;

3. the law on the prevention of danger;

4. the establishment of independent agencies of the state administration;

5. the establishment of judicial districts;

6. the establishment of institutions of local autonomy and municipal law;

7. the protection of nature and the countryside;

8. the building code;

9. the establishment of universities and technical colleges;

10. the archives and library system in the Länder and the promotion of culture;

11. the preservation of historical monuments in the Länder;

12. the narrow-gauge and cable railroads;

13. forestry, hunting and inland fishing;

14. the prevention, recycling and disposal of household waste and building rubble;

15. markets and trade fairs.

Article 98

(1) Bills for a referendum shall be submitted to the President of the Republic by means of a referendum petition. The petition for a referendum shall be based on a draft law prepared and substantiated. Nine representatives shall be named in the draft. The referendum shall be held if the petition is submitted by 750,000 citizens entitled to vote.

(2) There shall be no referendum on the state budget.

(3) The President shall submit the draft to the Government without delay. If he has doubts as to the admissibility of the referendum petition, he shall request a decision by the Constitutional Court within four weeks; the confidants 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 a statement by the Government. The people's representatives shall be invited to participate in the deliberations of the relevant 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, within a period of three months from the submission of the bill, adopts it unchanged or in a version approved by two-thirds of the shop stewards. During the committee's report, the representative of the referendum petition shall have the right to speak. 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 petition for a referendum shall be given the opportunity to advertise their cause free of charge in the mass media under public law.

(5) In a referendum, votes may only be cast by "yes" or "no". The majority of the votes cast shall be decisive.

(6) The procedure shall be regulated by law.

Article 99

(1) Laws enacted in accordance with the provisions of this Constitution shall, after countersignature by the Prime Minister, be executed by the President of the People's Chamber and promulgated in the Law Gazette.

(2) Ordinances shall be published in the Law Gazette.

(3) Unless otherwise provided, every law and ordinance shall enter into force on the 14th day after the end of the day on which the Law Gazette appears.

Article 100

(1) This Constitution may be amended only by a law of the People's Chamber, which shall require 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) Any amendment to the Constitution which calls into question the principles laid down in Articles 1, 40, 42, 89 and 107 shall be inadmissible.

Section 2 Executive Power

Article 101

The Länder shall execute the federal laws as their own business, unless otherwise provided or permitted by this Constitution.

Article 102

(1) If the Länder execute federal laws as their own business, they shall regulate the establishment of the authorities and the administrative procedure, unless federal laws, with the consent of the Chamber of the Länder, provide otherwise. The Federal Government may, with the consent of the Chamber of the Länder, issue general administrative regulations.

(2) The Federal Government shall exercise legal supervision. For this purpose, it may send representatives to the supreme Land authorities.

(3) If objections are not remedied, the Chamber of the Länder shall decide whether the Land has violated the law. The decision of the Land Chamber may be appealed to the Constitutional Court.

Article 103

If the Federation executes the laws through federally owned administration or through federally indirect corporations or institutions under public law, the general administrative regulations shall be issued by the Government. The same shall apply to the establishment of the authorities.

Article 104

(1) The following shall be managed under federal administration

1. the foreign service;

2. the fiscal administration in accordance with the provisions of Article 118, and the customs;

3. the licensing and supervision of nuclear installations;

4. the German Post Office;

5. Federal highways, including Federal waterways;

6. air transport;

7. the armed forces, including border troops

8. counterintelligence;

9. the criminal investigation department.

(2) By law subject to the consent of the Chamber of States, the Federation may establish federal offices, including their own administrative substructure, or federal corporations or institutions under public law for matters in which the Länder do not have exclusive legislative competence.

Article 105

(1) The Federation may cooperate in the performance of the tasks of the Länder if such tasks are important for the whole and the cooperation of the Federation is necessary for the improvement of living conditions. The cooperation of the Federation shall be agreed upon in treaties. The treaties shall contain provisions on the procedure and on financing. The provision of funds shall be subject to determination in the budget laws of the Federation and of the Länder.

(2) The Government of the Federation and the Chamber of States shall be informed about 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 with direct federal powers.

(2) The State Bank shall, with particular regard to the goal of full employment, take into account the requirements of price stability, external economic balance and appropriate economic growth.

(3) The members of the Board of the State Bank shall be elected by the Election Committee to be established under the President. This shall include, in addition to the members of the Election Committee referred to in paragraph (3) of Article 125 (Court of Audit), five other members in accordance with the Law on Establishment.

(4) The Minister of Finance and the Chairman of the Finance Committee of the People's Chamber shall have the right to attend meetings of the Board of the State Bank.

Section 3 Judicial Power

Article 107

The 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 federal and state courts for criminal offenses and civil, family, administrative, financial, labor and social disputes, as well as by social courts.

(2) Where branches of courts do not yet exist, their introduction shall require legislation. Courts of exception shall be inadmissible.

Article 109

(1) The Constitutional Court shall be an autonomous and independent court of the Federation vis-à-vis all other constitutional organs. The Constitutional Court shall adopt its own rules of procedure.

(2) The decisions of the Constitutional Court shall be final. The decision formula shall bind the organs of the Federation and of the Länder as well as all courts and authorities.

(3) The decision of the Constitutional Court on the constitutionality of a legal proposition shall have the force of law. The formula of the decision shall be published in the Law Gazette.

Article 110

The Constitutional Court decides

1. on constitutional complaints by citizens against the violation of their human and civil rights by public authorities;

2. on doubts as to the compatibility of federal law with this Constitution at the request of one-fifth of the members of the People's Chamber, the federal government or a state government;

3. on doubts about the compatibility of treaties under Article 80 with this Constitution after the legislative process has begun, at the request of one-third of the members of the People's Chamber or of a state government;

4. on doubts as to the compatibility of state law with this Constitution and with other federal law, at the request of one-third of the members of the People's Chamber, of the federal government, or of a state government;

5. at the request of a court on the compatibility of a law of the Federation or of laws of the Land with this Constitution, if the court is convinced of the unconstitutionality of the law in question and this is of importance for the court's decision;

6. at the request of a court, on doubts as to whether a rule of international law is part of domestic law and whether it directly generates rights and obligations for individuals;

7. on the occasion of disputes concerning the scope of rights and obligations of federal organs or other parties vested with rights of their own in this Constitution or in rules of procedure of supreme federal organs;

8. in disputes concerning the rights and duties of the Federation and the Länder, in particular in the execution of federal law by the Länder and in the exercise of federal supervision;

9. in other disputes under public law between the Federation and the Länder, between different Länder or within a Land, unless another legal recourse is indicated;

10. on complaints by holders of municipal autonomy and other public-law corporations for violation of their rights.

It also decides in other cases assigned to it by the Constitution and by law.

Article 111

(1) The Constitutional Court shall consist of the President, two Vice-Presidents and six Constitutional Judges. They shall not be members of 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 rule unanimously on constitutional complaints and judges' submissions if the Senate has already ruled on the same legal question or if the matter is of minor importance or the legal situation is obvious.

(3) The proceedings before the Constitutional Court shall be free of charge.

Article 112

(1) The judges of the Constitutional Court shall be elected for a term of 12 years by a Judicial Selection Committee to be established under the President of the Republic. Re-election shall be excluded.

(2) The Judicial Selection Committee shall consist of:

- the President of the Republic as chairman

- two independent representatives appointed by the governments of the Länder, and a double number of members of the People's Chamber, who shall be elected according to 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) The federal judges shall be elected by a committee formed in accordance with the provision of paragraph (2) of Article 112, supplemented by the respective specialized minister. The Committee shall decide by a majority of the votes of its members.

(3) Professional judges shall be appointed for life. They may be permanently or temporarily removed from office or transferred to another post or retired against their will only by virtue of a judicial decision and only for reasons and in the forms specified by statute. The law may set an age limit at which judges shall retire. In the event of changes in judicial districts, judges may be transferred to another court or retired leaving their full salary.

Chapter IV Finances

Article 114

(1) The Federation and the Länder shall bear separately the expenses arising from the performance of their functions, unless the Constitution provides otherwise. Laws of the Federation granting cash benefits shall provide that the cash benefits shall be borne by the Federation.

(2) The Federation may grant financial assistance to the Länder for particularly significant investments by the Länder and the institutions of local autonomy which are necessary to equalize differences in economic strength or to promote economic growth. Financial assistance may also be granted for investments to promote environmental protection and to improve the agricultural structure. Further details shall be determined by law, which shall require the approval of the Chamber of States.

Article 115

(1) The Federation shall have the power to legislate on customs duties and taxes insofar as it is not vested in the Länder pursuant to sentence 2. The Länder shall have the power to legislate on local excise and expense taxes.

(2) Customs duties, taxes and other charges may be levied only on the basis of statutory provisions.

(3) Federal laws on taxes the revenue from which accrues wholly or in part to the Länder shall require the consent of the Chamber of States.

Article 116

(1) The Federal Government shall be entitled to the revenue of the following taxes:

- the customs duties,

- the excise taxes, insofar as they are not due jointly to the Federation and the Länder in accordance with paragraph 4 or to the institutions of local autonomy in accordance with paragraph 3,

- the capital transfer taxes,

- the insurance tax.

(2) The revenue of the following taxes shall be due to the Länder:

- the real estate transfer tax,

- the property tax,

- the motor vehicle tax,

- the inheritance tax,

- the racing and lottery taxes.

(3) The revenue of the following taxes shall be due to the holders of municipal autonomy:

- the trade tax,

- the land tax,

- taxes with a local scope.

(4) The revenue of the income tax, the corporation tax and the turnover tax shall be due jointly to the Federation and the Länder (joint taxes), unless the revenue of the income tax is allocated to the institutions of local autonomy in accordance with subsection 5. The shares of the Federation and the Länder shall be determined by law, which shall require the consent of the Chamber of States. In this connection, the Federation and the Länder shall be equally entitled, within the limits of current revenue, to cover their necessary expenses. The determination shall be made in such a way that the uniformity of living conditions in the territory of the Federation shall be established and maintained as far as possible. If additional expenditure is imposed on the Länder by a law of the Federation, or if revenue is withdrawn, the additional burden may also be temporarily compensated by financial allocations of the Federation by a law of the Federation which shall require the consent of the Chamber of States.

(5) The institutions of local autonomy shall receive a share of the income tax revenue enabling them to fulfill their tasks. The share shall be transferred by the Länder to their institutions of local autonomy in accordance with the number of inhabitants, taking into account the different living conditions. The details shall be determined by a law requiring the consent of the Chamber of States.

(6) A percentage to be determined by the Land legislation shall accrue to the institutions of local government autonomy as a whole from the Land share of the total revenue from joint taxes. The legislation of the Land shall, moreover, determine whether and to what extent the revenue of the Land taxes shall accrue to the institutions of local autonomy.

(7) The holders of municipal autonomy shall be granted the right to set the rates of assessment of trade tax and real property tax within the limits of the law.

Article 117

(1) The revenue of the Land taxes and the Land share of the revenue of the income and corporation taxes shall be due to the individual Länder to the extent that the taxes are collected by the tax authorities in their territory (local revenue). By law, subject to the approval of the Chamber of States, more detailed provisions may be made on the delimitation and on the nature and extent of the apportionment of local revenue. The share of the Länder in the revenue from the turnover tax shall be apportioned to the individual Länder in proportion to their population.

(2) By law, subject to the consent of the Chamber of States, it shall be ensured that the varying financial strength of the Länder is adequately compensated; in this connection, the financial strength and financial requirements of the institutions of local autonomy shall be taken into account. The law may also provide that the Federation shall grant allocations from its funds to underperforming Länder to supplement their general financial needs (supplementary allocations).

Article 118

(1) The Federation and the Länder shall establish revenue authorities.

(2) Customs duties and excise taxes regulated by the Federation, including the import turnover tax, shall be administered by federal financial authorities. The structure of these authorities shall be regulated by federal law.

(3) Other taxes shall be administered by the fiscal authorities of the Länder. The structure of these authorities and the uniform training of members of the public service shall be regulated by federal law, which shall require the approval of the Chamber of States.

(4) The administrative procedure to be applied by the fiscal authorities of the Federation shall be regulated by federal law. The procedure to be followed by the fiscal authorities of the Länder shall be regulated by federal law subject to the approval of the Chamber of States.

Article 119

(1) The Federation and the Länder shall be autonomous and independent of each other in their budgetary management. They shall take into account the requirements of price stability, external balance and appropriate economic growth, with particular regard to the goal of full employment.

(2) Federal laws requiring the consent of the Chamber of States may establish principles for budgetary law, budgetary management and multi-year financial planning which shall apply jointly to the Federation and the Länder, and may restrict borrowing by the Federation, the Länder and the institutions of local autonomy and other public budgets in order to prevent a disturbance of the macroeconomic balance.

Article 120

(1) The budget of the Federation shall serve to determine and cover the financial requirements that will be necessary to fulfill the tasks of the Federation for one year. The adopted budget shall be the binding basis for budgetary and economic management.

(2) The budget of the Federation shall be adopted by law before the beginning of a fiscal year.

(3) The budget shall include all revenues and expenditures of the Federation. In the case of state-owned enterprises, only allocations or deliveries need be entered.

(4) The budget shall be balanced in revenues and expenditures.

(5) The bill referred to in subsection (2) and bills amending the budget law and the budget shall be submitted to the People's Chamber at the same time as they are sent to the Chamber of States; the Chamber of States shall be entitled to comment on the bills within six weeks or, in the case of amending bills, within three weeks.

Article 121

(1) If, by the close of the fiscal year, the budget for the following year has not been adopted by law, the Government shall be authorized, until it enters into force, to make all expenditures necessary,

(a) to maintain legally existing institutions and to carry out legally adopted measures,

(b) to fulfill obligations established by law,

(c) to continue constructions, procurements and other services, or to continue granting aid for these purposes, provided that amounts have already been authorized by the budget of the preceding year.

(2) To the extent that revenues from taxes and other levies not based on special legislation cover the expenditures under subsection (1), the Government may borrow the funds necessary to maintain economic management up to the amount of one-fourth of the borrowing for the preceding fiscal year.

Article 122

Expenditure in excess of the budget and unbudgeted expenditure shall be subject to the approval of the Minister of Finance. Such approval may only be granted in the event of unforeseen and unavoidable needs. Excess and unbudgeted expenditures shall be offset by savings in other expenditures of the federal budget. Details may be determined by federal law.

Article 123

Laws that increase the budgetary expenditures proposed by the Government, or that entail new tasks, or that entail new tasks for the future, shall require the consent of the Government. The same shall apply to laws that involve revenue reductions or that entail such reductions for the future.

Article 124

(1) The taking out of loans and the assumption of sureties, guarantees or other warranties which may lead to expenditure in future financial years shall require authorization by federal law, the amount of which shall be fixed or determinable.

(2) Proceeds from borrowings may not exceed the sum of expenditures for investments budgeted. Exceptions may only be made to prevent a disturbance of the macroeconomic balance.

(3) Further details shall be regulated by federal law.

Article 125

(1) During the next year, the Minister of Finance shall render an account to the People's Chamber of all budget revenues of an accounting year, as well as of their use and the debts of the Federation for the purpose of discharging the Government. The account shall be accompanied by a statement of assets and liabilities.

(2) The audit of the budgetary accounts and of the efficiency and regularity of the budgetary and economic management shall be carried out by the Court of Audit of the Federation. Its members shall have judicial independence. The second sentence of paragraph (2) of Article 65 shall apply mutatis mutandis. It shall 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 Audit shall be elected by an electoral committee to be set up under the President of the Republic. The members of this committee shall be:

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. the Minister of Finance;

5. the Ministers of Finance of the Länder.

Chapter V Transitional and final provisions

Article 126

(1) After the entry into force of this Constitution, laws shall be passed exclusively by the legislative bodies of the Federation and the Länder provided for in this Constitution.

(2) The law of the German Democratic Republic whose subject-matter is not within the exclusive legislative competence of the Länder shall continue to apply as federal law.

(3) The law of the German Democratic Republic whose subject-matter is within the exclusive legislative competence of the Länder shall continue to apply 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 session of the Chamber of States, the People's Chamber may amend, supplement or repeal legislation which continues to apply as Land law.

Article 127

(1) Laws of the German Democratic Republic shall continue to apply in accordance with the provisions of this Article insofar as they do not conflict with this Constitution.

(2) The rights under Articles 8 (2), 21 (4), 23 (3), 26 and 27 (3), fourth sentence, shall continue to exist only to the extent existing at the time of their entry into force until the adaptation of the law in force to this Constitution; the adaptation must be completed no later than December 31, 1990.

(3) Installations which, contrary to the provisions of paragraphs (2) and (3) of Article 33 cause hazards to or impair the natural environment may continue to operate for five years from the entry into force of this Constitution, provided that they do not exceed the level of emissions caused by them on March 31, 1990, and that effective measures are taken without delay to progressively reduce them to the limit values permitted by this Constitution. The provisions of paragraph (4) of Article 33 shall apply to contaminated sites only in accordance with the law.

Article 128

The legislative mandates given in the third sentence of paragraph (3) of Article 21 and paragraph (1) of Article 113 shall be fulfilled by the Federation and by the Länder by December 31, 1990. Judges elected before the entry into force of this Constitution shall remain in office until the law referred to in paragraph (1) of Article 113 takes effect.

Article 129

(1) Upon the entry into force of this Constitution, the Länder referred to in paragraph (1) of Article 41 shall be established.

(2) The People's Chamber shall immediately pass a law defining the Länder boundaries and containing provisional regulations on the establishment of Länder administrations as well as regulations for the constitution of the supreme state organs of the Länder (Länder Establishment Law). This law requires a majority of two-thirds of the members of the People's Chamber.

Article 130

Those who or whose ancestors were persecuted or threatened with persecution on account of their membership of a race or religion during the period from January 30, 1933, to May 9, 1945, are entitled to preferential naturalization if they or their descendants are again subjected to discrimination on account of their group membership.

Article 131

(1) The land reform and property confiscations confirmed by Article 24 of the Constitution of the German Democratic Republic of October 7, 1949, shall be inviolable.

(2) Expropriations and other forms of property confiscation which, at the time of their execution, were carried out in accordance with the law of the German Democratic Republic shall remain effective notwithstanding formal inaccuracies of land registers, cadastres and other public registers. The same shall apply to property rights which citizens 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 law of the German Democratic Republic in force at the time. Uses of such pecuniary rights shall be protected. Users shall be entitled to the acquisition of property in accordance with the legal provisions on valuation in force on December 31, 1989, to the extent that the property is in the hands of a public authority. Insofar as dwellings, residential land and land used for recreational purposes are concerned, personal users shall have this right.

(3) Property which has been seized in violation of the law in force in the German Democratic Republic shall, upon application, be restituted to the rightful owners to the extent that it is still in the hands of a public authority. This shall not apply to dwellings and residential property or to property used for recreational purposes. Nor shall it apply to property which has passed into the disposal of cooperatives and nationally owned enterprises.

(4) If restitution is excluded under subsection (3), the dispositions made in the meantime shall remain effective. The legal position of users shall be determined in accordance with subsection 2, sentences 3 to 5. Uses shall be protected even if restitution takes place in accordance with subsection 3. Compensation shall be paid to the former owners. Compensation shall be determined on a statutory basis, fairly weighing the interests of the general public and of the parties involved, on the basis of the valuation law in force at the time of leaving the German Democratic Republic; the time and the particular personal circumstances leading to the leaving of the German Democratic Republic shall be taken into account. Compensation may be paid in installments. Compensation shall be excluded in the case of equalization of burdens with regard to the loss of property. In appropriate cases, an amicable reconciliation of interests between the parties involved shall be encouraged, which shall take the place of compensation payments.

(5) Full title to movable property which, under the legislation in force until December 31, 1989, was held in trust by the State or by another trustee, shall be restored at the request of the persons entitled thereto; to the extent that the trustee has disposed thereof, the proceeds shall be handed over. This shall not apply to movable property used by state-owned enterprises or cooperatives.

(6) Insofar as the ownership of immovable property held in trust is not transferred to new legal entities in accordance with the following provisions, the full ownership rights of the entitled persons shall be restored upon their application. Ownership of apartments, residential land plots and land plots used for recreational purposes held in trust shall pass to the entities of municipal autonomy in whose territory they are located. The provisions of the third and fourth sentences of paragraph 2 shall apply to personal users. Ownership of immovable cooperative property held in trust shall pass to the cooperative using it. Ownership of immovable business assets held in trust shall pass to the trustee. It shall be transferred to the using enterprises as soon as they assume the legal form of an independent enterprise. Ownership of these enterprises shall vest in the country in which they are domiciled. The provisions of sentences 4 to 8 of paragraph (4) shall apply.

Article 132

(1) If unity is realized by accession to the Federal Republic of Germany, the conditions under which the Basic Law of the Federal Republic of Germany shall be put into force for the present territory of the German Democratic Republic shall be regulated by agreement. The fulfillment of the obligations of the German Democratic Republic under international law and foreign trade must be ensured.

(2) In order to become effective, the agreement shall require the consent 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 adjustment of the economic strength of the parts of the country situated on the present territory of the German Democratic Republic and of the living conditions of its inhabitants to those 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, the convening of an all-German constituent assembly shall be worked toward.

(4) The agreement shall further provide that the human and civil rights guaranteed in this Constitution shall continue to apply on the present territory of the German Democratic Republic even if they establish rights not contained in the Basic Law. This also applies to the direct binding of third parties to these rights. They shall continue to apply as constitutional law of the Land; the validity of Article 31 of the Basic Law for the Federal Republic of Germany shall be excluded in this respect. The agreement shall provide that legal provisions of the German Democratic Republic which are compatible with the aforementioned rights but not with the Basic Law for the Federal Republic of Germany shall, in derogation of Article 31 of the Basic Law for the Federal Republic of Germany, continue to apply as Land law on the present territory of the German Democratic Republic. Amendments to the law continuing to apply under this paragraph shall require the consent of all Länder established on the present territory of the German Democratic Republic.

Article 133

Until the President of the Republic is elected in accordance with Article 85, the President of the People's Chamber shall perform his duties and exercise his powers.

Article 134

On the day on which this Constitution enters into force, the Constitution of the German Democratic Republic of April 6, 1968, as last amended on April 5, 1990, shall cease to be valid.

Article 135

(1) In order to be adopted, this Constitution shall require a resolution of the People's Chamber by a majority of two-thirds of its members and confirmation by referendum. It may be enacted as a provisional Basic Law by a resolution of the People's Chamber by a majority of two-thirds of its members.

(2) The Constitution shall be executed by the President of the People's Chamber and promulgated in the Law Gazette of the German Democratic Republic.

Article 136

This Constitution shall cease to be valid on the day on which a constitution comes into force which has been adopted by an all-German constituent assembly and confirmed by a referendum, or on the day on which it is repealed after the requirements of Article 132 have been met.

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.