Basic Law of Germany Overview

The Basic Law (Grundgesetz) of Germany

• Enacted in 1949, initially as a provisional constitution for West Germany.
• Became the constitution of reunified Germany in 1990.
• Consists of a Preamble and 146 articles, divided into sections.

Preamble

• Outlines the constitution's purpose, emphasizing commitment to democracy, human rights, and peace.

Part I: Fundamental Principles (Articles 1–20)

• Article 1: Human dignity is inviolable, protected by the state.
• Article 2: Personal freedoms, including self-development, life, and physical integrity.
• Article 3: Equality before the law; prohibits discrimination.
• Article 4: Freedom of faith, conscience, and belief.
• Article 5: Freedom of expression, press, and dissemination of information.
• Article 6: Protection of marriage and family.
• Article 7: Education system.
• Article 8: Freedom of assembly.
• Article 9: Freedom of association (including unions).
• Article 10: Right to privacy (correspondence, posts, telecommunications).
• Article 11: Freedom of movement within Germany.
• Article 12: Freedom of occupation and work.
• Article 13: Protection of home and its inviolability.
• Article 14: Protection of property, ownership, and inheritance.
• Article 15: Expropriation for public interest.
• Article 16: Protection against loss of nationality.
• Article 17: Right to petition.
• Article 18: Protection against abuse of fundamental rights (e.g., by extremists).
• Article 19: Restriction of fundamental rights.
• Article 20: Principles of federalism, democracy, rule of law, and social state.

Part II: The Federation and the Länder (Articles 21–37)

• Article 21: Political parties.
• Article 22: Federal flag and coat of arms.
• Article 23: EU membership and cooperation.
• Article 24: International organizations and integration.
• Article 25: Priority of international law.
• Article 26: Prohibition on aggressive war preparation.
• Article 27: Military and armed forces.
• Article 28: Basic rights in the Länder.
• Article 29: Changing Länder borders.
• Article 30: Competence of Länder.
• Article 31: Priority of federal law.
• Article 32: Foreign relations and diplomacy.
• Article 33: Rights of Germans in the federal system (access to office).
• Article 34: Federal government's responsibility for official actions.
• Article 35: Legal system and federal-state cooperation.
• Article 36: Federal government and civil service.
• Article 37: Federal government's intervention in Länder governments (exceptional circumstances).

Part III – The Federal Parliament (Bundestag) (Articles 38–49)

• Covers Bundestag elections, procedures, legislative role, control of government, and parliamentary immunity.

Part IV – The Federal Government (Articles 50–69)

• Covers the structure, organization, responsibilities, and procedures of the government. Includes roles of Chancellor and ministers, and the President's powers.

Part V – The Federal Constitutional Court (Articles 92–104)

• Establishes and defines the role, jurisdiction, composition, and decision-making process of the Constitutional Court.

Part VI – Final Provisions (Articles 105–146)

• Covers amendment procedures, transitional arrangements, continuity of previous laws/legal provisions and the relationship with former German laws.
• Article 146: States that the Basic Law remains in effect until a unified German constitution is adopted.