Page:Constitution of the Free State of Bavaria.djvu/19

This page has been proofread, but needs to be validated.

dismissed prior to the end of his/her term of office if this is jusbtiied by applying the provisions on the removal from office of judges appointed for life 5 consent of the Bavarian State Parliament with a majority of two thirds of its members shall be necessary for a removal from office

(3) Further details shall be governed by law

Art. 81

1 The existing value of the basic assets of the state may only be diminished on the basis of a law 2 The proceeds from the disposal of components of the basic assets must be used for new acquisitions to be added to those assets

Art. 82

1 Funds may only be procured by way of credit if there is exceptional need for such funds 2 Any procurement and granting of credit or provisions of security at the expense of the state the effect of which exceeds one year shall require a law

Cf in this respect the Gesetz uber die Ubernahme von Staatsburgschaften [act on accepting state guarantees] in the version as announced on 27 June 1972 (GVBI page 213, BayRS 66-1-F), amended by the acts dated 24 July 1998 (GVBI page 422), 27 December 1999 (GVBI page 554), 24 April 2001 (GVBI page 140) and 24 December 2002 (GVBI page 937), cf Art 115 GG

Article 82 of the Bavarian Constitution below was revised and presented to the people for decision on 15 December 2013 In accordance with the act dated 11 November 2013 (GVBI page 641) the revised version of Article 82 shall take effect on 1 January 2020 The full text of the revised version is printed

(1) The budget must be balanced without net borrowing on principle

(2) In the event of an abnormal economic development, a deviation from paragraph 1 shall be allowed In that case, the impacts on the budget during an upturn and downturn must be symmetrically taken into account

(3) In the event of natural disasters or exceptional emergencies beyond the control of the state which significantly affect the financial situation of the state, a deviation from paragraph 1 shall be allowed In this respect, an appropriate redemption regulation must be stipulated The credits must be repaid within a reasonable period of time

(4) Any borrowing and the acceptance of guarantees, sureties or other warranties which may result in expenses in future budget years shall require an authorisation by law the amount of which has been or can be determined

(5) More details shall be governed by the respective law

Art. 83

(1) The municipalities’ own sphere of activity (Art 11 (2)) shall in particular cover the administration of the municipal property and the municipal undertakings, the local traffic including road construction, the supply of water, light, gas and electricity for the population, measures for securing the food supply, town planning, budding and supervision of housing, local police, fire protection, promoting local culture, elementary and vocational school systems and adult education, guardianship and public welfare, the local health system, marriage guidance, advice for mothers and baby care, school hygiene and the physical training of young people, public baths, funeral services, the preservation of local monuments and buddings

–19–