Article 146 German Basic Law

Article 91e [Cooperation on basic services for jobseekers] In accordance with Article 7, the State supervises and regulates schools. Private schools must also comply with these regulations. According to the German federal system, the governments of the various Länder determine specific school regulations at local level. This is why the school systems of the different federal states differ in part. The article also states that German citizens cannot be extradited to another country. If another state wants to bring a German citizen to justice, he has the right to remain in Germany. But here is an exception: if the jurisdiction in question is an international court or within the European Union, the person can be extradited. The decisive precondition is that the legal remedy be fair. According to this article, the state can take someone`s property – but this only applies to grasslands and forests, coal mines, factories, etc. The State may confiscate such parts of property if required to do so by a corresponding law. Then they will actually belong to everyone in Germany.

(1) The military and alternative service laws may provide that the fundamental right of members of the armed forces and auxiliary service to freely express and disseminate their opinions in language, writing and image (Article 5(1) sentence 1), the fundamental right of assembly (Article 8) and the right of petition (Article 17), to the extent that it allows the filing of applications or complaints with others, be restricted during their military or auxiliary service. (3) Federal laws providing for the administration of monetary subsidies by the Länder may provide that the Federation shall pay such subsidies in whole or in part. If such a law provides that the federal government finances half or more of the expenditure, it is carried out by the Länder on federal commissioners. For the granting of housing and heating allowances in the field of basic services for jobseekers, the law is applied to the Federal Commission if the Federal Government finances three quarters or more of the expenditure. In the original version, there were no emergency powers, as used by the Reich President in the 1933 Reichstag Fire Decree to suspend fundamental rights and disempower Communist deputies from the Reichstag, an important step in Hitler`s seizure of power. The suspension of human rights would also be unlawful under Paragraphs 20 and 79 GG, as above. The right of resistance is granted to anyone who wishes to abolish the constitutional order if other remedies provided for in Article 20 fail. (3) The Federation shall ensure that the constitutional order of the Länder complies with fundamental rights and with the provisions of paragraphs 1 and 2 of this Article. Article 1 is the most critical of the Basic Law.

All other fundamental rights correlate with this article, according to which everyone`s life has value – and the dignity of every individual (young or old, poor or rich, German citizen or refugee) must be protected. (2) Restrictions may be imposed only on the basis of a law. If the restriction serves to protect the free democratic fundamental order or the existence or security of the Federation or a Land, the law may provide that the person concerned is not informed of the restriction and that the appeal to the courts is replaced by an examination of the case by auxiliary bodies and bodies appointed by the legislator. The Basic Law also contains articles dealing with the role of political parties (recognized as a fundamental component of the German democratic state), the role of the army (which has no right to prepare for or participate in a war of aggression), the appearance of the German federal flag and foreign relations. (b) The protection of the free democratic fundamental order, the existence and security of the Federation or a Land (Protection of the Constitution) and (2) defence laws, including the protection of the civilian population, may provide for a restriction of the fundamental rights of freedom of movement (Article 11) and the inviolability of the home (Article 13). (1) With a view to the establishment of a united Europe, the Federal Republic of Germany shall participate in the development of the European Union, which is committed to democratic, social and federal principles, the rule of law and the principle of subsidiarity and guarantees a level of protection of fundamental rights essentially comparable to that of this Basic Law. To this end, the Confederation may, with the agreement of the Bundesrat, delegate sovereign powers by law. The creation of the European Union as well as changes to its contractual bases and comparable provisions which amend or supplement this Fundamental Law or allow such amendments or additions shall be subject to Article 79, paragraphs 2 and 3.4 bis. constitutional complaints, which may be lodged by any person who claims that one of his fundamental rights or one of his rights under Article 20(4) or Articles 33, 38, 101, 103 or 104 has been violated by public authorities; 3. Conscripts who are not called upon to serve in accordance with paragraph 1 or 2 may, when a State of defence is in force, be assigned, by law or by law, to employment in the civilian services for defence purposes, including the protection of the civilian population; They may be assigned to employment in the civil service only in the exercise of police functions or other sovereign tasks of the public administration which may be performed only by persons employed in the public service. The employment provided for in paragraph 1 of this paragraph may include services within the armed forces, in the supply of military supplies or with public administrative authorities; Assignments related to the care and care of the civilian population are permitted only to cover their basic needs or to ensure their safety.

The Basic Law has been amended 50 times since 2003. [33] Important changes to the Basic Law were the reintroduction of conscription and the founding of the Bundeswehr in 1956. Therefore, several articles have been included in the constitution, for example articles 12a, 17, 45a-c, 65a, 87a-c GG. Another important reform was the introduction of emergency powers in 1968, for example Article 115(1) GG. This was done by a grand coalition of the two main political parties CDU/CSU and SPD and was accompanied by heated debates. The following year, changes were made to the sections on the allocation of taxes between the federal and state governments. 3. Fundamental rights shall also apply to national legal persons to the extent permitted by the nature of those rights.