CAB129-33 — Page 82

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Extradition

ARTICLE 17

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No German may be extradited to a foreign country. The politically-persecuted shall enjoy the right of asylum.

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General Provisions

ARTICLE 21

(1) The Federal Republic of Germany is a democratic and social federal State.

All State authority emanates from the people.

(3) It shall be exercised by the people in accordance with this Basic Law by means of elections and plebiscites and by means of separate legislative, judicial and executive organs. The Government shall be responsible to the people.

(4) Legislation shall be limited by the constitution, the administration of justice and the executive by legislation and the law.

Political Parties

ARTICLE 21A

(1) The parties shall participate in forming the political will of the people. They can be freely formed. Their internal organisation must conform to democratic principles.

(2) Parties which, according to their aims and the behaviour of their members, seek to impair or abolish the free and democratic fundamental order. or to jeopardise the existence of the Federal Republic of Germany, shall be unconstitutional. The Federal Constitutional Court shall decide on the question of unconstitutionality.

(3) Details shall be regulated by federal legislation.

Application of Basic Law

ARTICLE 22

(1) For the time being, this Basic Law shall apply in the territory of the Länder Baden, Bavaria, Bremen, Greater Berlin, Hamburg, Hesse, Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate, Schleswig-Holstein, Württem- berg-Baden and Württemberg-Hohenzollern.

(2) This Basic Law shall on the accession of another part of Germany be put into force for that part by federal law.

Cession of Territory

ARTICLE 24

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(1) The cession or exchange of parts of German State territory shall be valid only with the consent of the Land and the population concerned.

(2) The implementation thereof shall require a federal law.

Reorganisation of Land Boundaries

ARTICLE 25

(1) The federal territory shall be reorganised by a federal law with due regard to regional unity, historical and cultural connections, economic expediency and social structure. The georganisation shall create Länder which thein size and potentiality are able to fulfil efficiently the function incumbent upon them.

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(2) In areas which, in the reorganisation of Länder after 8th May, 1945, joined another Land without plebiscite, a certain change in the decision made concerning allegiance to a Land may be demanded byapapalan initiative within one year after the coming into force of the Basic Law. The popular initiative shall require the consent of one-tenth of the population qualified to vote in Landtag clections. Should the popular initiative take place, the Federal Govern- ment must, in the law regarding the reorganisation, make provisions regarding the Land allegiance of the area.

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(3) After being passed, the law shall be submitted to a plebiscite in the terri- tories which it is intended should join another Land and in the cases envisaged in paragraph (2) also in the territories which it is not intended should join another Land. In each territory only that part of the law shall be voted upon which concerns such territory.

(4) The law shall be adopted if the population of all the territories affected approves. If the population does not approve it in all the territories affected, it shall be reintroduced in the Volkstag. After being passed again the law shall be submitted as a whole to a plebiscite in the whole federal territory.

(5) In a plebiscite according to paragraph (2) or (3), the majority of the votes cast shall decide.

(6) If disputes concerning the settlement of property claims arising from the reorganisation of the federal territory, the Federal Constitutional Court shall decide.

(7) The procedure shall be regulated by a federal law, which must be intro- duced by the Federal Government immediately after assuming office. It must also, without delay after assuming office or after the incorporation of a new Land, initiate the reorganisation.

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(8) The reorganisation shall be carried out before the expiration of three years after promulgation of the Basic Law or, should it be necessary in conse- quence of the accession of another part of Germany, within two years after such

accession.

ARTICLE 26

(1) The territories of the Länder may be altered by federal law. Article 25 (1) shall apply appropriately.

(2) If one-third of the enfranchised population of an administrative district of at least the size of a Kreis demands an alteration of Land allegiance, the Federal Government must bring in a law corresponding to this demand. Other- wise a law making territorial alterations may be brought in only if there is an. over-riding federal interest.

(3) If the Länder concerned consent, an ordinary federal law shall suffice. (4) In this case the law shall be submitted to a plebiscite in the territory whose Land allegiance is to be altered, and the majority of the votes cast shall decide.

(5) If the demand of the population for an alteration of the Land allegiance in accordance with paragraph (2) has as its object the creation of a new Land, then this motion must first be submitted to a plebiscite in the territory whose Land allegiance is to be altered. The motion shall be regarded as accepted if the majority of the eligible voters approves. For its acceptance the federal law shall require in this case the majority necessary for an amendment to the Basic Law. A further plebiscite shall not take place.

(6) In disputes relating to the settlement of property claims arising from territorial alterations of the Länder, the Federal Constitutional Court shall. decide.

(7) Details shall be regulated by a federal law.

(8) Boundary rectifications shall be undertaken by State treaty between the

Länder concerned.

ARTICLE 27

(1) The constitutional order in the Länder must conform to the principles of the republican, democratic and social State based on the rule of law (Rechts- staat) within the meaning of this Basic Law. In the Länder, Kreise and Gemeinden the people must have a representative assembly resulting from univagal unrect, free, equal and secret, elections. Png Gemeinden, the Parish Meeting may take the place of an elected body.

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(2) TheP@gmaiḍef4dst be guaranteed the right to realgee Sander4&eir own responsibility all the affairs of the local community in accordance with the laws. The Gemeindeverbaende also shall have the right of self-government within the limits of their legal sphere of functions and in accordance with the laws.

(3) The Federation shall guarantee that the constitutional order of the Länder shall correspond to the fundamental rights and provisions of para- graphs (1) and (2).

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Civil Service

ARTICLE 27B

(1) Every German shall have equal access to any public office in accordance with his suitability, ability and professional achievements.

(2) Permanent functions in the exercise of public authority shall normally be assigned to professional officials (Berufsbeamte) who are in a status of service and loyalty under public law.

(3) The traditional principles concerning the legal status of professional officials (Berufsbeamte) shall be guiding for the legislative regulation.

Collective Security

ARTICLE 29A

(1) The Federation may by law transfer sovereign powers to international institutions.

(2) In order to preserve peace, the Federation may join a system of mutual collective security; in doing so it will consent to those limitations of its sovereign powers which will bring about and secure a peaceful and lasting order in Europe and between the nations of the world.

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(3) For the settlement of international disputes, the Federation will join a general, comprehensive, obligatory system of international arbitration. decisions taken by these courts of arbitration shall be directly binding.

War Mongering

ARTICLE 293

Activities tending to disturb or undertaken with the intention of disturbing the peaceful relations between nations, and especially preparing for aggressive war, shall be unconstitutional. They shall be made subject to punishment.

ARTICLE 29c

(1) Weapons designed for warfare may be manufactured, transported or marketed only with the permission of the Federal Government.

(2) Details shall be regulated by a Federal law.

Federation and Länder

ARTICLE 30

The exercise of the powers of the State and the performance of State functions shall be the concern of the Länder, unless this Basic Law prescribes or permits otherwise.

ARTICLE 31

Federalplay shall supersede Land law.

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