Article 34: [Liability for violation of official duty] •
Ultra-vires administrative actions
If any person, in the exercise of a public office entrusted to him, violates his official
duty to a third party, liability shall rest principally with the state or public body that
employs him. In the event of intentional wrongdoing or gross negligence, the right of
recourse against the individual officer shall be preserved. The ordinary courts shall
not be closed to claims for compensation or indemnity.
Article 35: [Legal and administrative assistance and assistance during disasters] 1. All federal and Land authorities shall render legal and administrative assistance
to one another.
2. In order to maintain or restore public security or order, a Land in particularly
serious cases may call upon personnel and facilities of the Federal Border Police
to assist its police when without such assistance the police could not fulfil their
responsibilities, or could do so only with great difficulty. In order to respond to a
grave accident or a natural disaster, a Land may call for the assistance of police
forces of other Länder or of personnel and facilities of other administrative
authorities, of the Armed Forces, or of the Federal Border Police.
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Emergency provisions
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Subsidiary unit government
3. If the natural disaster or accident endangers the territory of more than one
Land, the Federal Government, insofar as is necessary to combat the danger,
may instruct the Land governments to place police forces at the disposal of
other Länder, and may deploy units of the Federal Border Police or the Armed
Forces to support the police. Measures taken by the Federal Government
pursuant to the first sentence of this paragraph shall be rescinded at any time at
the demand of the Bundesrat, and in any event as soon as the danger is removed.
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Emergency provisions
