(2) Restrictions may be imposed only on the basis of a law. If the restriction serves to protect the free democratic fundamental order or the existence or security of the Federation or a Land, the law may provide that the person concerned is not informed of the restriction and that the appeal to the courts is replaced by an examination of the case by auxiliary bodies and bodies appointed by the legislator. By way of derogation from Article 31, the constitutions of the States shall also remain in force to the extent that they guarantee fundamental rights in accordance with Articles 1 to 18 of this Basic Law. (3) Federal laws providing for the administration of monetary subsidies by the Länder may provide that the Federation shall pay such subsidies in whole or in part. If such a law provides that the federal government finances half or more of the expenditure, it is carried out by the Länder on federal commissioners. For the granting of housing and heating allowances in the field of basic services for jobseekers, the law is applied to the Federal Commission if the Federal Government finances three quarters or more of the expenditure. (2) This right may be restricted only by law or on the basis of a law and only in cases where the absence of adequate means of support would entail a particular burden on the Community or where such a restriction is necessary to avoid an imminent danger to the existence or free democratic fundamental order of the Federation or of a Land. to combat the risk of an epidemic, to respond to a serious accident or natural disaster, to protect young people from serious negligence or to prevent crime. (2) Unless otherwise provided for by Federal Law, the approval of the Federal Council shall be required for statutory ordinances of the Confederation or of a Federal Minister on charges or principles for the use of postal and telecommunications facilities, basic principles for the collection of charges for the use of federal railway installations or the construction and operation of railways, as well as for legal ordinances issued in accordance with federal laws, which require the agreement of the Federal Council or which are carried out by the Länder on behalf of the Confederation or independently. (b) Protection of the free democratic fundamental order, existence and security of the federation or of a State (protection of the constitution) and 4a. constitutional complaints, which may be lodged by any person who claims that one of his fundamental rights or one of his rights under Article 20(4) or Articles 33, 38, 101, 103 or 104 has been violated by public authorities; (1) In the context of the application of federal laws in the field of basic jobseekers, the Federation and the Länder or the municipalities and associations of municipalities responsible under Land law normally work together in joint institutions.
Article 117 [Suspension of the entry into force of two fundamental rights] (1) Laws on military and auxiliary service may provide that the fundamental right of members of the armed forces and auxiliary service to express and disseminate their opinions freely in language, writing and image (Article 5(1), first sentence), the fundamental right of assembly (Article 8) and the right of petition (Article 17), insofar as the submission of requests or complaints with other persons is possible, are limited during their military or auxiliary service. Anyone who abuses freedom of expression, in particular freedom of the press (Article 5(1)), freedom of education (Article 5(3)), freedom of assembly (Article 8), freedom of association (Article 9), confidentiality of correspondence, mail and telecommunications (Article 10), property rights (Article 14) or the right of asylum (Article 16a) in order to combat the free democratic fundamental order, loses these fundamental rights. This confiscation and its extent are determined by the Federal Constitutional Court. (3) The following fundamental rights bind the legislative, executive and judicial powers as directly applicable law. (1) To the extent that a fundamental right may be restricted by or under a law under this Basic Law, that right shall apply generally and not only to an individual case. In addition, the law must specify the fundamental right concerned and the article in which it appears. Article 142 [Reservation in favour of fundamental rights in national constitutions] (1) With a view to the creation of a united Europe, the Federal Republic of Germany shall participate in the development of the European Union, which shall be committed to democratic, social and federal principles, the rule of law and the principle of subsidiarity and shall guarantee a level of fundamental rights essentially comparable to that of this Basic Law. To this end, the Confederation may, with the agreement of the Bundesrat, delegate sovereign powers by law.
The creation of the European Union as well as amendments to its treaty bases and comparable provisions which amend or supplement this Basic Law or allow such amendments or additions shall be subject to Article 79(2) and (3). (2) Parties which, on the basis of their objectives or the conduct of their supporters, wish to undermine or abolish the fundamental free democratic order or endanger the existence of the Federal Republic of Germany are unconstitutional. 2. The essence of a fundamental right shall not be affected in any way. (2) Laws relating to defence, including the protection of the civilian population, may provide for a restriction of the fundamental rights to freedom of movement (Article 11) and to the inviolability of housing (Article 13). In countries whose constitutions are not codified, the Basic Law is the designation of a law that confers constitutional powers. In Germany, the Basic Law is the name of the codified constitution. The «Basic Law» is often used to refer to a provisional or temporary law that corresponds to a formal constitution, or to avoid pretending that there is a supreme legal provision, often for religious reasons.
In West Germany, the term Basic Law was used to indicate that the Constitution was provisional until the final reunification of Germany. However, when the latter took place in 1990, the term was retained for the entire territory of reunified Germany. Similar to a constitution, a fundamental law takes precedence over the ordinary «right of law». Article 19 [Restriction of fundamental rights – appeal] The special administrative regions of the People`s Republic of China, namely Hong Kong and Macao, have basic laws as constitutional documents.