Amendments to the Basic Law : Germany
Amendments to the Basic Law : Germany
The Basic Law may only be amended with a majority of two thirds of the members of the Bundestag (Federal Parliament) and two thirds of the votes cast in the Bundesrat (Federal Council). Since one single party or coalition only very rarely has such a majority in both the Bundestag and the Bundesrat, amendments to the Basic Law require a very broad consensus. This can only be achieved with the support of members of the opposition. Some provisions of the Basic Law may not be changed at all. These are the provisions relating to democracy, the federal system, the separation of powers, the rule of law and the social state. Likewise untouchable are the basic rights and freedoms as well as the commitment to protect the dignity of man.
On 15 November 1994, amendments to the Basic Law entered into force which commit the state to protect the environment, ensure equal treatment of men and women, and protect the disabled.
They also provide for changes in the distribution of legislative jurisdiction between the Federation and the states. Another constitutional amendment became necessary as a result of the Maastricht Treaty on European Union. The Basic Law’s new Article 23 on the European Union makes it clear that the Federal Republic of Germany seeks the establishment of a united Europe which is based on democratic, rule-of-law, social and federal principles. The principle of subsidiarity plays a key role in this context. Article 23 also spells out how |ne Bundestag and the states are to be involved in the her development of European integration.