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Page 37
Germany 1949 (rev. 2012)
3.
The Land authorities shall be subject to instructions from the competent highest
federal authorities. Such instructions shall be addressed to the highest Land
authorities unless the Federal Government considers the matter urgent.
Implementation of the instructions shall be ensured by the highest Land
authorities.
4.
Federal oversight shall extend to the legality and appropriateness of execution.
For this purpose the Federal Government may require the submission of reports
and documents and send commissioners to all authorities.
Article 86: [Federal administration]
•
Powers of cabinet
Where the Federation executes laws through its own administrative authorities or
through federal corporations or institutions established under public law, the
Federal Government shall, insofar as the law in question contains no special
provision, issue general administrative rules. The Federal Government shall provide
for the establishment of the authorities insofar as the law in question does not
otherwise provide.
Article 87: [Matters]
1.
The foreign service, the federal financial administration, and, in accordance with
the provisions of Article 89, the administration of federal waterways and
shipping shall be conducted by federal administrative authorities with their own
administrative substructures. A federal law may establish Federal Border Police
authorities and central offices for police information and communications, for
the criminal police, and for the compilation of data for purposes of protection of
the constitution and of protection against activities within the federal territory
which, through the use of force or acts preparatory to the use of force, endanger
the external interests of the Federal Republic of Germany.
2.
Social insurance institutions whose jurisdiction extends beyond the territory of
a single Land shall be administered as federal corporations under public law.
Social insurance institutions whose jurisdiction extends beyond the territory of
a single Land but not beyond that of three Länder shall, notwithstanding the first
sentence of this paragraph, be administered as Land corporations under public
law, if the Länder concerned have specified which Land shall exercise
supervisory authority.
3.
In addition, autonomous federal higher authorities as well as new federal
corporations and institutions under public law may be established by a federal
law for matters on which the Federation has legislative power. When the
Federation is confronted with new responsibilities with respect to matters on
which it has legislative power, federal authorities at intermediate and lower
levels may be established, with the consent of the Bundesrat and of a majority of
the Members of the Bundestag, in cases of urgent need.