Article 28 of the Basic Law for the Federal Republic of Germany
The Article 28 of the Basic Law for the Federal Republic of Germany meets basic regulations on the State structure of the States of the Federal Republic of Germany . The regulations affect partly the political order at the level of the entire state, partly at the level of the municipalities and municipal associations assigned to the states under constitutional law.
text
(1) The constitutional order in the countries must correspond to the principles of the republican, democratic and social constitutional state within the meaning of this Basic Law. In the states, districts and communities the people must have a representation that has emerged from general, direct, free, equal and secret elections. In the case of elections in districts and municipalities, persons who are citizens of a member state of the European Community are entitled to vote and can be elected in accordance with European Community law. In municipalities, the municipal assembly can take the place of an elected body.
(2) The communities must be guaranteed the right to regulate all affairs of the local community within the framework of the law on their own responsibility. The municipal associations also have the right of self-administration within the framework of their statutory area of responsibility in accordance with the law. Ensuring self-government also includes the fundamentals of financial responsibility; These bases include an economic power-related tax source that is due to the municipalities with the right of assessment.
(3) The Federation guarantees that the constitutional order of the Länder corresponds to the fundamental rights and the provisions of paragraphs 1 and 2.
Explanations
A distinction must be made between the following provisions:
- Article 28, Paragraph 1, Clause 1 and, in part, Clause 2 of the Basic Law ( representation of the people in the Laender) GG lays down the Laender on the principles of a republic , democracy , the welfare state and the rule of law ( homogeneity requirement );
- Article 28, Paragraph 1, in part, sentence 2 ( representation of the people in the communities and districts) and sentences 3 and 4 GG put the principle of democracy in concrete terms;
- Article 28, Paragraph 2 of the Basic Law standardizes the constitutional guarantee of local self-government in favor of the municipalities and municipal associations;
- Article 28.3 of the Basic Law determines the content of the so-called federal guarantee for the political order in the states, see federal supervision .
literature
- Jörg Menzel : State constitutional law. Constitutional sovereignty and homogeneity in the constitutional federal state . Richard Boorberg Verlag, Stuttgart, Munich, Hanover, Berlin, Weimar, Dresden 2002.
- Constitutions of the German federal states with the Basic Law . Text edition with subject index, introduction by Christian Pestalozza . 8th edition Munich: dtv (Beck) 2005.
Web links
- Wording of Art. 28 GG - Federal Ministry of Justice
