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Article 80: [Issuance of statutory instruments]
1.
The Federal Government, a Federal Minister or the Land governments may be
authorised by a law to issue statutory instruments. The content, purpose and
scope of the authority conferred shall be specified in the law. Each statutory
instrument shall contain a statement of its legal basis. If the law provides that
such authority may be further delegated, such subdelegation shall be effected
by statutory instrument.
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Powers of cabinet
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Subsidiary unit government
2.
Unless a federal law otherwise provides, the consent of the Bundesrat shall be
required for statutory instruments issued by the Federal Government or a
Federal Minister regarding fees or basic principles for the use of postal and
telecommunication facilities, basic principles for levying of charges for the use of
facilities of federal railways, or the construction and operation of railways, as
well as for statutory instruments issued pursuant to federal laws that require
the consent of the Bundesrat or that are executed by the Länder on federal
commission or in their own right.
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Telecommunications
3.
The Bundesrat may submit to the Federal Government drafts of statutory
instruments that require its consent.
4.
Insofar as Land governments are authorised by or pursuant to federal laws to
issue statutory instruments, the Länder shall also be entitled to regulate the
matter by a law.
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Subsidiary unit government

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Germany 1949 (rev. 2012)
Article 80a: [State of tension]
1.
If this Basic Law or a federal law regarding defence, including protection of the
civilian population, provides that legal provisions may be applied only in
accordance with this Article, their application, except when a state of defence
has been declared, shall be permissible only after the Bundestag has determined
that a state of tension exists or has specifically approved such application. The
determination of a state of tension and specific approval in the cases mentioned
in the first sentence of paragraph (5) and the second sentence of paragraph (6)
of Article 12a shall require a two thirds majority of the votes cast.
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Emergency provisions