Article 56 of the Basic Law for the Federal Republic of Germany
Article 56 of the Basic Law for the Federal Republic of Germany regulates the oath of office of the Federal President of the Federal Republic of Germany .
Oath formula
“I swear that I will devote my energies to the well-being of the German people, increase their benefit, prevent damage from them, uphold and defend the Basic Law and the laws of the Federation, conscientiously fulfill my duties and do justice to everyone. So help me God. "
Explanations
According to the Basic Law (GG), the Federal President must take the oath of office in front of the assembled members of the Bundestag and the Bundesrat when he takes office . The Federal President's taking the oath of office is mandatory, but not a prerequisite for acquiring the office. Official acts that took place prior to completion are therefore valid. If the Federal President does not take the oath of office, the Bundestag or the Bundesrat can indict the Federal President for willful violation of the Basic Law before the Federal Constitutional Court ( Art. 61 GG).
The oath can also be taken without a religious affirmation (“So help me God”).
The Chancellor and Federal Minister required upon taking office in front of the Bundestag is also provided for in Article 56 of oath ( Art. 64 para. 2 GG).
The oath of the Federal Parliamentary State Secretaries , the Federal Commissioner for the Records of the State Security Service of the former German Democratic Republic and the Federal Commissioner for Data Protection and Freedom of Information corresponds to the wording of the oath in Article 65 of the Basic Law, but is regulated in federal laws ( Section 3 ParlStG ; Section 35 Paragraph 3 StUG ; Section 11 Paragraph 2 BDSG ).
Legal comparison
The oath according to Article 65 of the Basic Law corresponds to the oath according to Article 42 of the Weimar Constitution (WRV) for the Reich President with the difference that the words "Constitution" and "Reich" were used instead of the words "Basic Law" and "Federal". The addition of a religious affirmation was permissible (Art. 42 Para. 3 WRV); however, its wording was not specified in the formula of the oath. The Weimar Constitution made no statement about the oath of the Reich Chancellor and the Reich Minister .
