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constituteproject.org
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Page 15
Germany 1949 (rev. 2012)
Article 21: [Political parties]
1.
Political parties shall participate in the formation of the political will of the
people. They may be freely established. Their internal organisation must
conform to democratic principles. They must publicly account for their assets
and for the sources and use of their funds.
•
Restrictions on political parties
•
Right to form political parties
2.
Parties that, by reason of their aims or the behaviour of their adherents, seek to
undermine or abolish the free democratic basic order or to endanger the
existence of the Federal Republic of Germany shall be unconstitutional. The
Federal Constitutional Court shall rule on the question of unconstitutionality.
•
Constitutional court powers
•
Prohibited political parties
•
Regulation of political parties
3.
Details shall be regulated by federal laws.
Article 22: [Federal capital - Federal flag]
1.
Berlin is the capital of the Federal Republic of Germany. The Federation shall be
responsible for representing the nation as a whole in the capital. Details shall be
regulated by federal law.
•
National capital
2.
The federal flag shall be black, red and gold.
•
National flag
Article 23: [European Union - Protection of basic rights -
Principle of subsidiarity]
•
Regional group(s)
1.
With a view to establishing a united Europe, the Federal Republic of Germany
shall participate in the development of the European Union that is committed to
democratic, social and federal principles, to the rule of law, and to the principle
of subsidiarity, and that guarantees a level of protection of basic rights
essentially comparable to that afforded by this Basic Law. To this end the
Federation may transfer sovereign powers by a law with the consent of the
Bundesrat. The establishment of the European Union, as well as changes in its
treaty foundations and comparable regulations that amend or supplement this
Basic Law, or make such amendments or supplements possible, shall be subject
to paragraphs (2) and (3) of Article 79.
•
International law
•
Treaty ratification
1a. The Bundestag and the Bundesrat shall have the right to bring an action before
the Court of Justice of the European Union to challenge a legislative act of the
European Union for infringing the principle of subsidiarity. The Bundestag is
obliged to initiate such an action at the request of one fourth of its Members. By
a statute requiring the consent of the Bundesrat, exceptions from the first
sentence of paragraph (2) of Article 42, and the first sentence of paragraph (2) of
Article 52, may be authorised for the exercise of the rights granted to the
Bundestag and the Bundesrat under the contractual foundations of the
European Union.
•
International law
•
Subsidiary unit government
2.
The Bundestag and, through the Bundesrat, the Länder shall participate in
matters concerning the European Union. The Federal Government shall keep
the Bundestag and the Bundesrat informed, comprehensively and at the earliest
possible time.
3.
Before participating in legislative acts of the European Union, the Federal
Government shall provide the Bundestag with an opportunity to state its
position. The Federal Government shall take the position of the Bundestag into
account during the negotiations. Details shall be regulated by a law.
4.
The Bundesrat shall participate in the decision-making process of the
Federation insofar as it would have been competent to do so in a comparable
domestic matter, or insofar as the subject falls within the domestic competence
of the Länder.

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