CAB129-33 — Page 87

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ARTICLE 73

Page 87.

(1) The members of the Federal Government shall have the right, and on demand the obligation, to participate in the debates of the Bundesrat and its committees. They must be heard at any time during the deliberations.

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(2) The Bundesrat shall be kept currently informed by the Federal Chan- cellor and the Federal Ministers on the conduct of federal affairs. The Federal Ministers shall call in the competent committee of the Bundesrat for deliberation of important business:

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The Federal President

ARTICLE 75

(1) The Federal President shall be elected without discussion by the Federal Convention.

(2) The Federal Convention shall consist of the members of the Volkstag and an equal number of members elected by the popular representative bodies of the Länder according to the principles of proportional representation.

(5) The person who has received the votes of the majority of the members of the Federal Convention shall be elected. If such majority is not obtained by any candidate in two ballots a third ballot shall take place in which the person who receives most votes shall be elected.

ARTICLE 76

The term of office of the Federal President shall be five years. Immediate re-election shall be admissible only once.

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ARTICLE 80

Orders of the Federal President shall require for their validity the counter- signature of the Federal Chancellor or the competent Federal Minister. This shall not apply to the appointment and dismissal of the Federal Chancellor and to the dissolution of the Volkstag in accordance with Article 87.

ARTICLE 81

(1) The Federal President shall represent the Federation in matters concerning international law. He shall conclude the treaties with foreign States on behalf of the Federation. He shall accredit and receive the envoys.

(2) Treaties with foreign States which deal with the political relations of the Federation to foreign States or refer to matters of federal legislation, shall require approval in the form of a federal law. For administrative agreements the provisions concerning the federal administration shall apply accordingly.

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The Federal Government

ARTICLE 86

The Federal Government shall consist of the Federal Chancellor and the Federal Ministers.

ARTICLE 87

(1) The Federal Chancellor shall be elected without discussion, by the Volksge 87 the 48posal of the Federal President. Page 87 of 488

(2) The person who has received the votes of the majority of the members of the Volkstag shall be elected. He shall be appointed by the Federal President.

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(3) If the person nominated is not elected, the Volkstag may, within fourteen days aftergthe hallot, elect a Federal Chancellor by mpregther one4adf

of its members.

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(4) If the Federal Chancellor is not elected within this time-limit, a new ballot shall take place immediately in which the person who receives most votes shall be elected. If the person elected receives the votes of the majority of the members of the Volkstag, the Federal President must, within seven days after the election, appoint him. If the person elected does not obtain this majority, the Federal President must, within seven days, either appoint him or dissolve the Volkstag.

ARTICLE 89

The Federal Ministers shall be appointed and dismissed by the Federal President upon the proposal of the Federal Chancellor.

Powers of the Federal Chancellor

ARTICLE 89B

(1) The Federal Chancellor shall determine and assume responsibility for general policy. Within the limits of this general policy, each Federal Minister shall direct his department individually and on his own responsibility.

(2) The Federal Chancellor shall preside over the Federal Government and conduct its business in accordance with Standing Orders (Rules of Procedure) adopted by it and approved by the Federal President. The Federal Government shall decide on differences of opinion between its members.

ARTICLE 90

(1) The Volkstag may express its lack of confidence in the Federal Chancellor only by electing a successor with the majority of its members and submitting a request to the Federal President for the dismissal of the Federal Chancellor. The Federal President must comply with the request and appoint the person elected.

(2) There must be an interval of forty-eight hours between the motion and the election.

ARTICLE 90A

(1) If a motion of the Federal Chancellor to receive a vote of confidence does not obtain the support of the majority of the members of the Volkstag, the Federal President may, upon the proposal of the Federal Chancellor, dissolve the Volkstag within 21 days. The right of dissolution shall elapse as soon as the Volkstag with the majority of its members elects another Federal Chancellor.

(2) There must be an interval of forty-eight hours between the introduction of, and the vote on, the motion.

Procedure for Federal Legislation

ARTICLE 103

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(1) Bills shall be introduced in the Volkstag by the Federal Government, by members of the Volkstag or by the Bundesrat.

(2) Federal Government bills shall first be submitted to the Bundesrat. The Bundesrat shall have the right to give its opinion on these bills within three weeks.

(3) Bundesrat bills shall be submitted to the Volkstag by the Federal Government which must add a statement of its own views. Page 88 of 488

(4) The President of the Volkstag must without delay forward to the Bundesrat every bill passed by the Volkstag.

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ARTICLE 104

Pager&aef14ås shall be passed by the Volkstapage 89 of 488

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(2) The Bundesrat may, within two weeks of the receipt of the adopted bill, demand that a committee composed of members of the Volkstag and Bundesrat be convened to consider the bill jointly. Should the committee propose an alteration of the adopted bill the Volkstag shall take a new decision. Details of the composition and convening of the committee and its procedure shall be laid down in Standing Orders (Rules of Procedure) to be agreed jointly by the Volkstag and the Bundesrat.

(3) After the conclusion of the procedure provided for in paragraph (2), the Bundesrat may within one week veto a law passed by the Volkstag. The time- limit for a veto shall begin with the conclusion of the procedure provided for in paragraph (2) or with the receipt of the bill as readopted by the Volkstag.

(4) Should the veto be adopted by the majority of the votes of the Bundesrat, it may be rejected by a decision of the majority of the members of the Volkstag. Should the Bundesrat have adopted the veto by a majority of at least two-thirds of its votes, the rejection by the Volkstag shall require a majority of two-thirds, at least of the majority of the members of the Volkstag.

ARTICLE 105

A concurrent decision of the Volkstag and the Bundesrat shall be required for federal legislation-

1. on taxes, the yield of which accrues wholly or partly to the Länder or Gemeinden (Gemeindeverbaende), as well as laws by means of which new, hitherto untapped, sources of taxation are made available;

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2. on the distribution of federal taxes between the Federation and the Länder

(finance adjustment);

3. on the transfer of land and landed property, natural resources and means of production to public ownership of to other forms of publicly controlled economy;

4. on the co-operation of the Länder in the criminal police and the establish-

ment of a Federal Office for Criminal Affairs;

5. on power supply;

5A. by which provisions regarding the establishment of authorities, adminis- trative procedure, administrative court procedure in the Länder are issued (Article 112/2, paragraph 1);

6. by which, in cases permitted by this Basic Law, independent central federal

authorities are established (Article 116, paragraph 3, sentence 1); 7. by which, in cases permitted by this Basic Law, new public law corpora- tions and institutions subject to direct federal supervision are established, dissolved or combined (Article 116, paragraph 3, sentence 2);

8. by which, in cases permitted by this Basic Law, the Federal Government is granted the power to give individual instructions (Article 112/2, paragraph 5);

9. by which the existing territory of a Land is affected (Article 26); 10. by which general provisions relating to the legal status of persons employed in the public service of the Länder, Gemeinden and public law corpora- tions are issued (Article 36A, item 1);

11. by which general provisions relating to matters concerning registration

and identity cards are issued (Article 36A, item 4).

(2) The laws shall be adopted first in the Volkstag and subsequently in the Bundesrat.

(3) In the sphere of legislation within the meaning of paragraph 1, a permanent committee shall be formed from members of the Volkstag and Bundesrat which shall be convened on a motion of the Volkstag or the Bundesrat or on the order of its chairman. Its powers, composition and procedure shall be laid down in Standing Orders (Rules of Procedure) to be agreed jointly by the Volkstag and the Bundesrat,

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ARTICLE 105A

Pagraw passed by the Volkstag shall be enacted if Ring Banderas has approved the law or has not vetoed it within the statutory time-limit or has withdrawn its veto, or if the veto has been overridden by the Volkstag.

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Page 90 of4gndment of the Basic Law

ARTICLE 106