Constitution of the Free State of Thuringia

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The constitution of the Free State of Thuringia is the state constitution of Thuringia ; it applies in this country together with the Basic Law for the Federal Republic of Germany .

Legal violations of the Thuringian Constitution can be brought before the Thuringian Constitutional Court .

Basic data
Title: Constitution of the Free State of Thuringia
Short title: Thuringian Constitution,
Thuringian Constitution (both not official)
Abbreviation: ThürVerf (not official)
Type: State Law
Scope: Thuringia
Legal matter: Constitutional law
References : BS Thür 100-1
Issued on: October 25, 1993
( GVBl. P. 625)
Entry into force on: October 30, 1993
Last change by: Art. 1 AA of October
11, 2004
(GVBl. P. 745)
Effective date of the
last change: 		October 21, 2004
(Art. 2 Amendment Act of
October 11, 2004)
Please note the note on the applicable legal version.

Emergence

Instead of a constitution, the state of Thuringia had initially issued a provisional state statute , although the name is a bit misleading: It was neither a provision of the rank of a constitution, nor statute law , but a simple parliamentary law ( pyramid of norms ).

The provisional state statutes were passed on November 7, 1990 by the members of the state parliament. Then the text of the law was posted in the state parliament and the administrative authorities of the districts and read out on the radio. It was also agreed that the state statutes should only be valid for a certain period of time and that they would expire on December 31, 1992 at the latest. That was the time that was originally allowed for constitutional deliberations. In fact, this process lasted until October 1993.

On October 25, 1993, the members of the state parliament passed the new state constitution. This did not happen in the state capital Erfurt, but on the Wartburg near Eisenach . Four days later, the law and regulation gazette was issued, this time only comprising 16 pages and containing the full text of the constitution on 14 pages. With that the new constitution was proclaimed.

It was planned that the constitution would come into force the day after its promulgation - initially only provisionally. In Article 106 (2) it was expressly regulated as follows: “This constitution comes into force provisionally on the day after its promulgation.” Otherwise, however, a referendum should be carried out: the population would vote with a simple majority on whether they would like the text the state parliament had decided with a large majority to finally come into force. The simple majority should be decisive . And in the event that this majority were missed, it was intended that the provisional state statute would come into force again for the time being .

The referendum was held on October 16, 1994, together with the election for the Second Thuringian Parliament. 986,066 people voted for the constitution, corresponding to 70.1% of all voters and 50.46 percent of all eligible voters. On November 3rd, the result was announced in the Law and Ordinance Gazette.

Content of the state constitution

Under Article 44 of the Constitution which is the Free State of a democratic , social and obligated party the protection of natural resources law .

The constitution contains its own catalog of fundamental rights and extensive state objectives . In addition, the constitution contains regulations in particular on the constitutional organs of the Thuringian State Parliament, Thuringian State Government and Thuringian Constitutional Court . Legislation by the state parliament or by popular initiative and referendum is planned. The constitution contains its own perpetual clause in Article 83 (3) .

literature

Web links

Individual evidence

  1. ↑ For the competences of the Thuringian Constitutional Court see § 11 of the law on the Thuringian Constitutional Court.
  2. ↑ Compare the print in the Law Gazette of the State of Thuringia (Journal of Laws of 1990 p. 1; digitized here ).
  3. ↑ Compare Section 18 (1) sentence 1 of the provisional state statutes (digitized here ).
  4. ↑ Compare § 18 Paragraph 2 of the provisional state statutes.
  5. ↑ Originally it was planned that the provisional state statute would expire by the passage of time alone: ​​As soon as December 31, 1992 approaches and passes, it would no longer be valid. And because this should not happen, an amending law was passed on December 15, 1992. The clause stating the deadline was deleted and replaced by a more vague wording: "This law [the provisional state statute] will only expire when the constitution of the state of Thuringia comes into force." Compare GVBl. 1992 p. 575 (digitized here ).
  6. ↑ Compare GVBl. P. 625 (digitized here ).
  7. ↑ Article 106, Paragraph 4 of the Constitution.
  8. ↑ Compare GVBl. 1994 p. 1194 (digitized here ).
  9. ↑ Compare also: Ottmar Jung, conclusion and balance sheet of the most recent plebiscitary development in Germany at the state level . In: The Year Book of Contemporary Public Law , Vol. 48 of the New Series, 2000, p. 57.