Arrangement of the German flags
| Basic data | |
|---|---|
| Title: | Arrangement of the German flags |
| Short title: | Flag arrangement |
| Abbreviation: | FlaggAnO |
| Type: | Order of the Federal President |
| Scope: | Federal Republic of Germany |
| Legal matter: | Constitutional law |
| References : | 1130-7 |
| Original version from: | June 7, 1950 ( Federal Law Gazette p. 205 ) |
| Entry into force on: | June 14, 1950 |
| Last revision from: | AnO dated November 13, 1996 ( Federal Law Gazette I p. 1729 ) |
| Entry into force of the new version on: |
November 21, 1996 |
| Last change by: |
Art. 1 AnO of November 22, 2005 ( BGBl. I p. 3181 ) |
| Effective date of the last change: |
November 26, 2005 (Art. 2 AnO of November 22, 2005) |
| Weblink: | Text of the FlagAnO |
| Please note the note on the applicable legal version. | |
The order on German flags (FlaggAnO) is an order that the German Federal President first issued on June 7, 1950 ( Federal Law Gazette p. 205 ) on the proposal of the Federal Government for the shape and use of German flags . It concerns the federal flag , the standard of the Federal President and the official flag of the federal authorities (Federal Service Flag).
The supreme constitutional bodies, which are independent of the Federal Government, the Federal President, Bundestag, Bundesrat and Federal Constitutional Court, as well as the Deutsche Bundesbank, independently regulate the practice of ordering their flagging within the framework of their organizational sovereignty, but are based on the Federal Government's decree on flagging public buildings in Germany .
Constitutional foundations
The Basic Law determines in Art. 22 (since 2006 in Paragraph 2): The federal flag is black-red-gold. The flag represents the other state symbols in a constitutionally exposed position. Based on the wording, the constitution has decided to design the flag in the same way, explicitly without a jack . It is disputed whether the ranking is given by the regulation in Art. 22 GG. From the wording it can be seen that first black, then red and then yellow must appear, according to a different opinion no statement is made in Art. 22 GG.
The authority vis-à-vis the citizen, the right or the duty to fly the federal flag, rests by the nature of the thing ( federal flag) with the federal government. On the other hand, this legislative competence is also based on the competence of associations.
The right to fly the flag ( important for shipping) is defined by the FlaggRG (FlaggRG). According to the prevailing opinion, a law is also required for state authorities and municipalities.
Competence of the Federal President
For traditional reasons, the Federal President has to regulate the (organ) competence, form and management. For this purpose, in addition to the order about the German flags, the order about the service flag of the naval forces and the troop flags of the Bundeswehr were issued by the Federal President.
The authority to issue orders is not regulated in the Basic Law and can only be explained by the fact that it was not the will of the constitution that the legislature should decide on the flag. A legal regulation that is not prohibited by the wording of the constitution would also be quite conceivable.
Regulatory content
The order on German flags of November 13, 1996 contains regulations on the federal flag (if they have not already been regulated by the legislature) ( Art. 22 GG), the standard of the Federal President and the official flag of the federal authorities .
The federal flag (according to I.1.) Is not designated as a typical tricolor , but rather defines a sequence of horizontal stripes. The flag itself has an aspect ratio of 3 to 5. The same aspect ratio applies to the banner : It is hoisted by three identical vertical stripes in the order black - red - gold.
The standard of the Federal President (I.2.) Is a square that is reinforced with a red border. This red border has a ratio of 1 to 12 to the length of the side of the square. On a gold-colored background, the federal eagle can be seen "floating and turned after the pole".
The federal service flag corresponds to the federal flag, but in the middle (one fifth each reaching into the black and gold-colored stripes) is the federal eagle on a gold federal shield. The same applies to the service banner, with the foot of the federal shield facing the ground.
The order applies to all federal agencies (II.). The flags can - z. B. as a pennant - can also be used on federal official vehicles (III.). In this case, however, the official or his deputy must be in the vehicle (size is precisely defined in Appendix 2 No. 2 of the order) and the flag must be attached to the right fender.
Appendix 1 shows samples for the respective flags and banners. Appendix 2 names the respective places where the federal flag (and in what size) can be displayed on the company vehicle. Appendix 3 of the arrangement shows samples for the respective size.
Individual evidence
- ↑ Flagging at the German Bundestag Website of the German Bundestag
- ↑ Section 70 of the Rules of Procedure of the Federal Constitutional Court
- ↑ Flagging decree of the federal government ( memento of December 16, 2007 in the Internet Archive ) of March 22, 2005, Federal Ministry of the Interior , June 18, 2008
- ↑ z. B. Schmidt / Bleibtreu-Klein / Sannwald Art. 22 Rn. 25th
- ↑ BGBl. 1996 I p. 1729 , amended by the order of November 22, 2005 ( BGBl. I p. 3181 )
- ↑ Appendix 1 Flags of the Federal Republic of Germany (reference: BGBl. 1996 I p. 1730 )
