Constitution of the state of Mecklenburg-Western Pomerania
|Title:||Constitution of the state of Mecklenburg-Western Pomerania|
|Short title:||Constitution of Mecklenburg-Western Pomerania not officially|
|Abbreviation:||Ed MV not amtl. ,
MVVerf not amtl.
|Legal matter:||Constitutional law|
|References :||GS Meckl.-Vorp. Eq. No.100-4|
|Issued on:||May 23, 1993
( GVOBl. MV p. 372)
|Entry into force on:||November 15, 1994|
|Last change by:||
Art. 1 Amendment Act of 30 June 2011
(GVOBl. MV S. 375)
|Effective date of the
|July 16, 2011 or January 1, 2020
(Art. 2 Amendment Act of June 30, 2011)
|Please note the note on the applicable legal version.|
The constitution of the state of Mecklenburg-Western Pomerania finally came into force on November 15, 1994 when the second state parliament of Mecklenburg-Western Pomerania met .
It was drawn up by a constitutional commission between January 31, 1991 and April 30, 1993; the draft was submitted to the first state parliament and approved by it without changes on May 14, 1993 with a two-thirds majority. On May 23, 1993 the constitution came into force provisionally. On June 12, 1994, the referendum required by Art. 80 Constitution MV to confirm the constitution was carried out. It was accepted with 60.1% of the valid votes cast. The constitution has been amended four times so far, most recently in June 2011.
Structure and structure
The constitution of the state of Mecklenburg-Western Pomerania is divided into four sections: basic principles, state organization, state functions and final provisions.
The section on the basics contains the form of government, fundamental rights and the goals of the state . Mecklenburg-Vorpommern is followed by a republican , democratic , social and obligated party the protection of natural resources law . Article 5 (3) of the MVD dynamically integrates the basic rights and civil rights of the Basic Law for the Federal Republic of Germany by declaring them to be directly applicable law across the board. In the following articles, certain basic rights, which are already part of the reference to the Basic Law, are emphasized again. This applies to data protection and information rights, freedom of art and science, equal opportunities in education, churches and religious communities and the right to petition. The national goals are u. a. formulates efforts to protect the environment and the protection of minorities.
In the section on the state organization, the state parliament , state government and state constitutional court are described. The state parliament consists of at least 71 members of parliament according to Art. 20 of the MVD, who were elected by free, equal, direct, secret and general election. He is elected for five years. It elects a prime minister by secret ballot with a majority of its members. The prime minister, together with the ministers appointed by him, forms the state government, which is at the head of the executive power. The State Constitutional Court is completely independent of these two constitutional bodies, the state parliament and the state government. It consists of the President and six other members, whereby the President and at least three of the members must be qualified to hold judicial office. Each member of the state constitutional court has a deputy. The state constitutional court decides on constitutional complaints, among other things.
Schwerin Castle , constitutional seat of the state parliament
State Chancellery , official seat of the Prime Minister
The section on the functions of the state begins with provisions on law-making and constitutional amendments. Legislative initiatives can be introduced by the state government, from the center of the state parliament and by the people. Artt. 59 and 60 Verf MV enable popular initiatives , referendums and referendums . However, budget, tax and salary laws constitute inadmissible items for popular initiatives, requests and decisions. Then follow in Art. 61 to 68 Verf MV provisions on the budget and auditing, followed by provisions on state and self-administration . The self-administration of the municipalities already guaranteed by Article 28, Paragraph 2 of the Basic Law is specified in more detail therein. In addition, it is permitted to set up landscape associations with the right to self-administration to maintain and promote, in particular, historical, cultural and scenic features of the regions of Mecklenburg and Western Pomerania. Finally, the following two articles regulate jurisdiction: It is exercised in the name of the people and is independent.
The section on the final provisions includes a. Provisions for the delivery of the constitutional text of the constitution for the state of Mecklenburg-Western Pomerania and the Basic Law for the Federal Republic of Germany to pupils when they are discharged from school and linguistic equality of official and functional titles.
Laws to amend the constitution require a two-thirds majority of the members of the state parliament. It is protected by Art. 56, Paragraph 3 of the MV from changes that contradict human dignity or the principles laid down in Article 2 of the MV (republican, democratic, social and constitutional state that is obliged to protect the natural foundations of life). It is also possible to change the constitution through a referendum. At least two thirds of the voters must agree, which must represent at least half of the eligible voters.
So far the constitution has been amended four times:
- by law of April 4, 2000 (GVOBl. MV 2000, p. 158), which amended Art. 72 Paragraph 3,
- by law of 14 July 2006 (GVOBl. MV 2006, p. 572), whereby the table of contents, Art. 12, 14, 17, 27, 52, 60, 62 have been amended and Art. 17a has been added,
- by law of December 3, 2007 (GVOBl. MV 2007, p. 371), which changed the table of contents and added Art. 18a,
- by law of June 30, 2011 (GVOBl. MV S. 375), which amended Article 65 and added Article 79a (debt brake).
- Rainer Litten, Maximilian Wallerath : Constitution of the state of Mecklenburg-Western Pomerania. Comment. 1st edition. Nomos Verlagsgesellschaft, Baden-Baden 2007, ISBN 3-8329-2988-6 .
- Literature on the constitution of the state of Mecklenburg-Western Pomerania in the state bibliography MV
- Constitution of the state of Mecklenburg-Western Pomerania
- State Parliament Mecklenburg-Western Pomerania: On the creation of the constitution of the state of Mecklenburg-Western Pomerania.
- State Statistical Office Mecklenburg-Western Pomerania: Referendum on the constitution of the State of Mecklenburg-Western Pomerania on June 12, 1994.
- Art. 2 of the MV.
- Art. 6 to 10 AV.
- Art. 12 of the MV.
- Children and young people - Article 14 of the Ordinance, old people and people with disabilities - Article 17a of the Ordinance, national minorities and ethnic groups - Art.
- Art. 27 of the MV.
- Art. 42 of the MV.
- Art. 41 of the MV.
- Art. 52 of the MV.
- Art. 53 of the MV.
- Art. 55 of the MV.
- Art. 69 to 75 AV.
- Art. 75 of the MV.
- Art. 76 of the MV.
- Art. 78, 79 author MV.
- Art. 56 of the MV.
- Art. 60 IV of the MV.