CAB129-33 — Page 84

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Page 85he Legislative Powers of the Federationg5 of 488

ARTICLE 35

(1) The Federation shall have exclusive legislation on-

1. Foreign Affairs;

2. Citizenship of the Federation and the Länder;

3. Freedom of movement, passports, immigration and emigration and

extradition;

4. Currency, money and coinage, weights and measures and regulation of

time and calendar;

5. The unity of customs and commercial territory, commercial and navigation. agreements, the freedom of traffic in goods and the traffic in goods. and payments with foreign countries;

6. Federal railways and air traffic;

7. Post and telecommunications;

8. The legal status of persons in the employment of the Federation and of public law corporations under direct supervision of the Federal Government;

9. Trade marks, copyright, and publishing rights;

10. Co-operation of the Länder in the criminal police and the establishment

of a Federal Office for Criminal Affairs;

11. Statistics for federal purposes.

(2) In so far as the Federation has exclusive legislative competence, the Länder may legislate only if they are so empowered in a federal law.

ARTICLE 36

(1) The Federation shall have priority in legislation on—

1. Civil law, criminal law and execution of sentences, constitution of courts,. court procedure in so far as the Länder are not competent according to Article 112/2, the bar, notaries and legal advice (Rechtsberatung);

2. Census and registry matters;

3. Associations and assemblies, press and motion pictures;

4. The right of sojourn and settlement of aliens;

5. The protection of German works of art against removal abroad;

6. Matters relating to refugees and expellees;

7. Public welfare in its entirety;

8. War damages and compensation (Wiedergutmachung);

9. Provisions for war-disabled persons and surviving dependants, the welfare-

of former prisoners of war and the care of war graves;

10. Law relating to the economy (mining, industry, power supply, crafts,

trades, commerce, banking and stock exchanges, private insurances); 11. Labour law, including the legal organisation of enterprises, protection of workers and provision of employment as well as social insurance including unemployment insurance;

12. The furtherance of scientific research;

13. Expropriation in matters on which the Federation has legislative power; 14 Transfer of land and landed property, natural resources and means of production to public ownership or to other forms of publicly controlled

economy;

15. Prevention of the abuse of economic power;

16. Promotion of agricultural and forestry production, safeguarding of food supply, import and export of agricultural and forestry products, deep- sea and coastal fisheries and coastal preservation;

17. Transactions in landed property, law concerning land and agricultural

lease, housing, settlements and homesteads

18. Measures against epidemic and infectious diseases affecting humans and animals, the licensing for medical and other healing professions and the healing trade and traffic in drugs, medicines, narcotics and poisons; Pug Protect ipagrelating to traffic in food and stimdangs asfwel as in neces- sities of life, in fodder, in agricultural and forestry seeds and seedlings, and protection of trees and plants against diseases and pests;

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20. Ocean and coastal shipping and aids to navigation, inland shipping metger&logidal service, ocean channels and inland watways used for general traffic;

21. Street traffic, motor transport and the construction and maintenance of

highways used for long-distance transport;

22. Railways other than federal railways, except mountain railways.

(2) In these matters the Federation shall regulate only what must be uniformly regulated. The Länder shall retain the right to legislate as long and in so far as the Federation makes no use of its right to legislate.

Volkstag-Lower House

ARTICLE 45

(1) The Deputies of the Volkstag shall be elected by the people in universal, equal, direct and secret elections.

(2) Any person who has reached the age of 21 years shall be eligible to vote, and any person who has reached the age of 25 years shall be eligible for election.

(3) Details shall be determined by a federal law.

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ARTICLE 47

The Deputies shall be representatives of the whole people. They shall not be bound to orders and instructions and shall be subject only to their conscience.

ARTICLE 48

(1) The Volkstag shall be elected for a term of four years. The electoral period of the Volkstag shall end four years after its first assembly. The new election shall take place in the last three months of the electoral period.

(2) The electoral period of the Volkstag shall end prematurely if it is dis- solved in accordance with Article 87 or Article 90 (a). In this case the Volkstag shall be newly elected not later than sixty days after the dissolution.

ARTICLE 49

The Volkstag shall meet not later than thirty days after the election, never- theless not before the end of the electoral period of the previous Volkstag.

ARTICLE 50

(1) The Volkstag shall elect its own President, his Deputies and its clerks. It shall draw up its own Standing Orders (Rules of Procedure).

Bundesrat-Upper House

ARTICLE 65

The Länder shall participate through the medium of the Bundesrat in the legislation and the administration of the Federation.

ARTICLE 66

(1) The Bundesrat shall consist of members of the Governors of the Länder which shall appoint and recall them. They may be represented by other members of their Governments.

(2) Each Land shall have three votes; Länder with more than 2 million inhabitants shall have four, Länder with more than 6 million inhabitants shall have five votes.

(3) Every Land may delegate as many members as it has votes. The votes of each Land may be given only as a block vote and only by members present or their representative of 488

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