CAB129-33 — Page 91

ARTICLE 112/1 Page 91 of 488

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The Länder shall execute the Federal laws as their own concern in so far as this Basic Law does not determine or permit otherwise.

ARTICLE 112/2

regulate the establishment of the authorities, the administrative procedure and the procedure of the administrative courts, in so far as not otherwise determined by federal legislation.

(1) If the Länder ge the federal laws as their own concern, they shall

(2) The Federal Government may, with the approval of the Bundesrat, issue general administrative provisions.

(3) The Federal Government shall exercise supervision to ensure that federal laws are executed by the Länder in accordance with law. For the purpose the Federal Government may send representatives to the central Land authorities and with their approval, and in the case of its refusal with the approval of the Bundesrat, also to the subordinate authorities.

(4) Should deficiencies established by the Federal Government in the execution of federal laws in the Länder not be overcome, then, on application by the Federal Government or the Land concerned, the Bundesrat shall decide whether the Land has infringed law (das Recht). Against the decision of the Bundesrat appeal to the Federal Constitutional Court shall be admissible.

(5) The Federal Government may by federal legislation be granted in special cases the power to give individual instructions for matters in which the Federation has legislative competence. These instructions shall, except in the case of imminent danger, be directed to the central Land authority.

ARTICLE 113

(1) Where the execution of federal laws is delegated to the Länder by the Federation, the establishment of the authorities shall remain a concern of the Länder within the limits of the federal laws.

(2) The Federal Government may issue, with the approval of the Bundesrat, general administrative provisions. The Federal Government may issue provisions relating to the uniform training of officials and employees. The heads of the authorities at middle level shall be appointed by agreement with the Federal Government.

(3) The Land authorities shall be subordinate to the directives of the com- petent highest federal authorities. Except in case of imminent danger, the directives shall be directed to the central Land authorities. Execution of the directive shall be ensured by the central Land authorities.

(4) Federal supervision shall extend to the legality and suitability of the manner of execution. The Federal Government may for this purpose demand submission of reports and documents, and send representatives to all authorities.

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Federal Administrative Agencies

ARTICLE 116

(1) Foreign Service, the federal finance administration, federal railways, the federal postal services and, in accordance with the provisions of Article 118, the administration of the federal waterways and shipping shall be conducted by a direct federal administration with their own lower-level administrative offices.

(2) Public law corporations directly supervised by the Federation shall be those carriers of social insurance whose sphere of competence transcends the territory of a Land.

(3) In addition, independent central federal authorities and new public law corporations and institutions directly supervised by the Federation may be estab- lished by federal legislation for matters on which the Federation has the power to legislate. Should the Federation acquire new functions in matters for which it has legislative competence, federal authorities at middle and lower levels, may in case of urgent neeed, be established with the approval of the majority of the members of the Volkstag and of two-thirds of the votes of the Bundesrat.

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Page Federal Emergency Powers over Police

ARTICLE 118c