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Page 18
Germany 1949 (rev. 2012)
5.
The advisory referendum shall establish whether the changes the law proposes
meet with the voters' approval. The law may put forward not more than two
distinct proposals for consideration by the voters. If a majority approves a
proposed change of the existing division into Länder, a federal law shall specify
within two years whether the change shall be made in accordance with
paragraph (2) of this Article. If a proposal is approved in accordance with the
third and fourth sentences of paragraph (3) of this Article, a federal law
providing for establishment of the proposed Land shall be enacted within two
years after the advisory ballot, and confirmation by referendum shall no longer
be required.
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Referenda
6.
A majority in a referendum or in an advisory referendum shall consist of a
majority of the votes cast, provided that it amounts to at least one quarter of
those entitled to vote in Bundestag elections. Other details concerning
referenda, petitions and advisory referenda shall be regulated by a federal law,
which may also provide that the same petition may not be filed more than once
within a period of five years.
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Referenda
7.
Other changes concerning the territory of the Länder may be effected by
agreements between the Länder concerned or by a federal law with the consent
of the Bundesrat, if the territory that is to be the subject of the change has no
more than 50,000 inhabitants. Details shall be regulated by a federal law
requiring the consent of the Bundesrat and of a majority of the Members of the
Bundestag. The law must provide affected municipalities and counties with an
opportunity to be heard.
8.
Länder may revise the division of their existing territory or parts of their
territory by agreement without regard to the provisions of paragraphs (2) to (7)
of this Article. Affected municipalities and counties shall be afforded an
opportunity to be heard. The agreement shall require confirmation by
referendum in each of the Länder concerned. If the revision affects only part of a
Land's territory, the referendum may be confined to the areas affected; the
second clause of the fifth sentence shall not apply. In a referendum under this
paragraph a majority of the votes cast shall be decisive, provided it amounts to
at least one quarter of those entitled to vote in Bundestag elections; details shall
be regulated by a federal law. The agreement shall require the consent of the
Bundestag.
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Referenda
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Subsidiary unit government