Anonymous

Xa. State of Defence
Article 115a: [Declaration of state of defence]
•
Emergency provisions
1.
Any determination that the federal territory is under attack by armed force or
imminently threatened with such an attack (state of defence) shall be made by
the Bundestag with the consent of the Bundesrat. Such determination shall be
made on application of the Federal Government and shall require a two-thirds
majority of the votes cast, which shall include at least a majority of the Members
of the Bundestag.
•
Quorum for legislative sessions
2.
If the situation imperatively calls for immediate action, and if insurmountable
obstacles prevent the timely convening of the Bundestag or the Bundestag
cannot muster a quorum, the Joint Committee shall make this determination by
a two-thirds majority of the votes cast, which shall include at least a majority of
its members.
•
Legislative committees
•
Quorum for legislative sessions
3.
The determination shall be promulgated by the Federal President in the Federal
Law Gazette pursuant to Article 82. If this cannot be done in time, promulgation
shall be effected in another manner; the determination shall be printed in the
Federal Law Gazette as soon as circumstances permit.
4.
If the federal territory is under attack by armed force, and if the competent
federal authorities are not in a position at once to make the determination
provided for in the first sentence of paragraph (1) of this Article, the
determination shall be deemed to have been made and promulgated at the time
the attack began. The Federal President shall announce that time as soon as
circumstances permit.

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Germany 1949 (rev. 2012)
5.
If the determination of a state of defence has been promulgated, and if the
federal territory is under attack by armed force, the Federal President, with the
consent of the Bundestag, may issue declarations under international law
regarding the existence of the state of defence. Under the conditions specified
in paragraph (2) of this Article, the Joint Committee shall act in place of the
Bundestag.
•
Legislative committees
•
International law