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Page 64
Germany 1949 (rev. 2012)
Article 132: [Retirement of civil servants]
1.
Civil servants and judges who enjoy life tenure when this Basic Law takes effect
may, within six months after the Bundestag first convenes, be retired,
suspended, or transferred to lower-salaried positions if they lack the personal or
professional aptitude for their present positions. This provision shall apply
mutatis mutandis to salaried public employees, other than civil servants or
judges, whose employment cannot be terminated at will. In the case of salaried
employees whose employment may be terminated at will, notice periods longer
than those set by collective bargaining agreements may be rescinded within the
same period.
2.
The preceding provision shall not apply to members of the public service who
are unaffected by the provisions regarding "Liberation from National Socialism
and Militarism" or who are recognised victims of National Socialism, absent
important personal grounds.
3.
Persons affected may have recourse to the courts in accordance with paragraph
(4) of Article 19.
4.
Details shall be specified by a statutory instrument issued by the Federal
Government with the consent of the Bundesrat.
•
Head of government decree power
Article 133: [Succession to the Administration of the
Combined Economic Area]
The Federation shall succeed to the rights and duties of the Administration of the
Combined Economic Area.
Article 134: [Succession to Reich assets]
•
Reference to country's history
1.
Reich assets shall, in principle, become federal assets.
2.
Insofar as such assets were originally intended to be used principally for
administrative tasks not entrusted to the Federation under this Basic Law, they
shall be transferred without compensation to the authorities now entrusted
with such tasks and to the extent that such assets are now being used, not
merely temporarily, for administrative tasks that under this Basic Law are now
performed by the Länder, they shall be transferred to the Länder. The
Federation may also transfer other assets to the Länder.
3.
Assets that were placed at the disposal of the Reich without compensation by
Länder or municipalities (associations of municipalities) shall revert to those
Länder or municipalities (associations of municipalities) insofar as the
Federation does not require them for its own administrative purposes.