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German Federal Republic 2012

constituteproject.org
PDF generated: 26 Aug 2021, 16:29
Page 62
Germany 1949 (rev. 2012)
Article 125b: [Continued applicability of framework laws -
Deviation power of the Länder]
1.
Law that was enacted pursuant to Article 75 as it stood up to 1 September 2006,
and which could be enacted as federal law even after this date, shall remain in
force as federal law. The powers and duties of the Länder to legislate shall in this
regard remain unaffected. In the areas referred to in the first sentence of
paragraph (3) of Article 72 the Länder may enact regulations that deviate from
this law; however, in those areas covered by clauses 2, 5 and 6 of the first
sentence of Article 72 the Länder may do so only if and insofar as the Federation
has made use of its power to legislate after 1 September 2006, in those areas
covered by clauses 2 and 5 beginning at the latest on 1 January 2010, in cases
under clause 6 beginning at the latest on 1 August 2008.
2.
The Länder may enact regulations deviating from federal regulations enacted
pursuant to paragraph (1) of Article 84 as it stood up to 1 September 2006; up to
31 December 2008, however, they may deviate from regulations on
administrative procedure only if, after 1 September 2006, regulations on
administrative procedure in the relevant federal law have been amended.
Article 125c: [Continued applicability of law within the
scope of joint tasks]
1.
Law that was enacted by virtue of paragraph (2) of Article 91a in conjunction
with clause 1 of paragraph (1) as it stood up to 1 September 2006 shall continue
in force until 31 December 2006.
2.
The regulations enacted in the areas of municipal traffic financing and
promotion of social housing by virtue of paragraph (4) of Article 104a as it stood
up to 1 September 2006 shall remain in force until 31 December 2006. The
regulations enacted on municipal traffic financing for special programmes
pursuant to paragraph (1) of Article 6 of the Municipal Traffic Financing Act, as
well as the other regulations enacted pursuant to paragraph (4) of Article 104a
as it stood up to 1 September 2006, shall continue in force until 31 December
2019, provided no earlier repeal has been or is determined.

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