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Page 17
Germany 1949 (rev. 2012)
Article 28: [Land constitutions - Autonomy of
municipalities]
1.
The constitutional order in the Länder must conform
to the principles of a
republican, democratic and social state governed by the rule of law, within the
meaning of this Basic Law. In each Land, county and municipality
the people shall
be represented by a body chosen in general, direct, free, equal and secret
elections. In county and municipal elections, persons
who possess citizenship in
any member state of the European Community are also eligible to vote and to be
elected in accord with European Community law. In municipalities a local
assembly may take the place of an elected body.
•
Secret ballot
•
Municipal
government
•
Regional group(s)
•
Subsidiary unit government
•
Restrictions on voting
•
Claim of universal suffrage
2.
Municipalities must be guaranteed the right to regulate
all local affairs on their
own responsibility, within the limits prescribed by the laws. Within the limits of
their functions designated by a law, associations of municipalities shall also have
the right of self-government according to the laws.
The guarantee of
self-government shall extend to the bases of financial autonomy; these bases
shall include the right of municipalities to a source of tax revenues based upon
economic ability and the right to establish the rates
at which these sources shall
be taxed.
•
Municipal government
3.
The Federation shall guarantee that the constitutional order of the Länder
conforms to the basic rights and to the provisions of paragraphs (1) and (2) of
this Article.
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