CAB129-33 — Page 90

(1) The Basic Law may be amended only by a law which expressly alters or adds to the text of the Basic Law.

(2) Such a law shall require the approval of two-thirds of the members of the Volkstag and two-thirds of the votes of the Bundesrat.

(3) A law by which the organisation of the Federation into Länder and the basic co-operation of the Länder in legislation and administration (Article 65) are affected shall require the approval of a majority of four-fifths of the votes of the Bundesrat.

Emergency Decrees

ARTICLE 111

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(1) If one of the legislative bodies is prevented by force majeure from fulfilling its functions, the Federal Government may, in order to avert an imminent danger to public safety and order, with the approval of the Presidents of the Volkstag and the Bundesrat, issue, within the limits of federal competence, emergency decrees having the force of law.

(2) The emergency decrees shall become invalid if one of the two bodies demands their repeal or if they are not confirmed within four weeks by the Volkstag and the Bundesrat. If, because of force majeure, the Volkstag and Bundesrat are unable to give such confirmation, the emergency decrees may be extended in the same way for four weeks on each occasion.

(3) By an emergency decree, only the basic rights concerning the freedom of the press (Article 6), freedom of assembly (Article 8), freedom of association (Article 9) and the secrecy of telecommunications (Article 10) may be temporarily suspended or restricted. In the decree, the basic rights thus suspended or restricted must be designated by name and by the numbers of the articles concerned. Amendments of the Basic Law by emergency decrees shall be inadmissible.

(4) For so long as fundamental rights are suspended in pursuance of para- graph elections to political bodies and plebiscites may not take place in the entire federal territory. Electoral periods shall be extended accordingly.

ARTICLE 111z

(1) If in the case of Article 90A a dissolution of the Volkstag does not take place and if the Volkstag rejects a bill declared to be urgent by the Federal Government, the Federal Government may bring in the motion in the Bundesrat to declare the existence of a state of legislative emergency for this bill.

(2) If the Bundesrat agrees, the Federal President shall decide whether for this bill the state of legislative emergency shall be proclaimed.

(3) If the Federal Government re-submits this bill to the Volkstag with the notification of the state of legislative emergency, and if the Volkstag again rejects the bill or passes it in a version stated by the Federal Government to be unacceptable, the bill shall be deemed adopted as soon as the Bundesrat has approved the law. The same shall apply if the bill has not been passed by the Volkstag within four weeks after its re-submission. The law shall become invalid not later than twelve months after its promulgation.

(4) The state of legislative emergency may be claimed for bills of the same Federal Government only within a period of six months after its first proclamation. (5) The Basic Law may neither be amended nor wholly or partially be repealed or suspended by legislation enacted within the terms of a state of legislative emergency.

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Execution of Federal Laws and Federal Administration