Draft:Constitution of Saxony-Anhalt

The Constitution of the State of Saxony-Anhalt (LSAVerf for short) was adopted by the State Parliament of Saxony-Anhalt as the constituent state assembly on 16 July 1992. Like all German state constitutions, the Constitution of the State of Saxony-Anhalt also corresponds to “the principles of a republican, democratic and social constitutional state” according to Article 28, Paragraph 1, Sentence 1 of the Basic Law (GG).

History

After the Second World War, the Soviet Military Administration in Germany formed the province of Saxony-Anhalt (until October 1946: Province of Saxony) from the two Prussian provinces of Magdeburg and Halle-Merseburg, the Free State of Anhalt (around Dessau) and several other areas. In the process of dissolving Prussia, which culminated in February 1947 with the promulgation of Allied Control Council Law No. 46, the province of Saxony-Anhalt proclaimed its own state constitution on 10 January 1947. On 21 July of that year, the province was given the name State of Saxony-Anhalt, and the constitution that was in force until the dissolution of the states on 25 July 1952 was thus called the Constitution of the State of Saxony-Anhalt. Around 40 years after the dissolution of the then state of Saxony-Anhalt and the associated abolition of the constitution, the state of Saxony-Anhalt, which was re-established in 1990, has given itself a new constitution. A comprehensive parliamentary and constitutional reform, which also adjusted the state's objectives, took place in 2020.

Preamble

The people of Saxony-Anhalt give themselves this constitution in free self-determination. This is done in respect of the responsibility before God and in the awareness of the responsibility before people with the will to secure the freedom and dignity of people, create the foundations for a social and just community life, promote economic development, preserve the natural foundations of life and maintain the cultural and historical traditions in all parts of the country. The aim of all state activities is to promote the well-being of the people, serve peace and make the state of Saxony-Anhalt a living member of the Federal Republic of Germany and the community of all peoples.

1. Main part: Foundations of state power

Article 1 – State of Saxony-Anhalt Article 2 – Basics

2. Main part: Citizens and the state

Article 3 – Commitment to fundamental rights, institutional guarantees and state objectives

Section One: Fundamental Rights

Article 4 – Human dignity

Article 5 – Freedom of action, personal freedom

Article 6 – Data protection, environmental data

Article 7 – Equality before the law Article 8 – Equal civil rights and duties

Article 9 – Freedom of belief, conscience and religion

Article 10 – Freedom of opinion

Article 11 – Parents and children

Article 12 – Freedom of assembly

Article 13 – Freedom of association

Article 14 – Confidentiality of correspondence, postal and telecommunications

Article 15 – Freedom of movement

Article 16 – Freedom of occupation, prohibition of forced labour

Article 17 – Inviolability of the home

Article 18 – Property, inheritance, expropriation

Article 19 – Right to petition

Article 20 – Restriction of fundamental rights

Article 21 – Judicial protection, right of resistance

Article 22 – Criminal jurisdiction

Article 23 – Legal guarantees in the event of deprivation of liberty

Section Two: Establishment Guarantees

Article 24 – Protection of marriage, family and children
Article 25 – Education and schools Article 26 – School system
Article 27 – Educational objectives, ethics and religious education
Article 28 – Independent schools Article 29 – School supervision, participation in schools
Article 30 – Vocational training, adult education Article 31 – Universities
Article 32 – Churches, religious and ideological communities Article 33 – Independent welfare services

Section Three: State Objectives

Article 34 – Equality between women and men

Article 35 – Protection of natural resources

Article 35a – Equality of living conditions

Article 36 – Art, culture and sport

Article 37 – Cultural and ethnic minorities

Article 37a – Non-proliferation of National Socialist, racist and anti-Semitic ideas

Article 38 – Older people, people with disabilities

Article 39 – Work

Article 40 – Housing

3. Main part: State organization

First section: State Parliament

Article 41 – Duties, position of members of the state parliament

Article 42 – Election and electoral principles

Article 43 – Election period Article 44 – Election review, loss of mandate

Article 45 – Convocation

Article 46 – Rules of procedure, committees

Article 47 – Parliamentary groups

Article 48 – Opposition

Article 49 – President

Article 50 – Publicity of proceedings

Article 51 – Votes Article 52 – Participation of the state government

Article 53 – Members of the state parliament’s right to ask questions and obtain information, submission of files by the state government

Article 54 – Committees of inquiry

Article 55 – Commissions of inquiry

Article 56 – Acquisition and securing of mandate

Article 57 – Indemnity

Article 58 – Immunity

Article 59 – Right to refuse to give evidence, search and seizure

Article 60 – Early termination of the election period

Article 61 – Handling of requests and complaints

Article 62 – State government’s obligation to provide information

Article 63 – Data Protection Officer

Second Section: State Government

Article 64 – Task, composition

Article 65 – Formation of the state government

Article 66 – Oath of office

Article 67 – Legal status of government members

Article 68 – Prime Minister and state government

Article 69 – Representation of the state, international treaties

Article 70 – Appointment of officials and judges

Article 71 – Termination of term of office

Article 72 – Constructive vote of no confidence Article 73 – Motion of confidence

Third Section: State Constitutional Court

Article 74 – Composition

Article 75 – Competences

Article 76 – State Constitutional Court Act

Section Four: Legislation

Article 77 – Adoption of laws

Article 78 – Constitutional amendments

Article 79 – Legal regulations

Article 80 – Popular initiative

Article 81 – Popular petition, referendum

Article 82 – Issuance and publication

Section Five: Administration of Justice

Article 83 – Judges and jurisdiction Article 84 – Prosecution of judges Article 85 – Right of clemency, amnesty

Section Six: Administration

Article 86 – Public administration

Article 87 – Local self-government

Article 88 – Local finances, financial equalization, budget management and tax sovereignty

Article 89 – Representation in the municipalities

Article 90 – Territorial changes

Article 91 – Public service

Section Seven: Finance

Article 92 – State assets

Article 93 – Budget

Article 94 – Budget advance

Article 95 – Excess and unscheduled expenditure

Article 96 – Coverage obligation

Article 97 – Accounting, discharge of the state government

Article 98 – State Audit Office

Article 99 – Loans

4. Main part: Transitional and final provisions

Article 100 – Linguistic equality Article 101 – Entry into force, transitional provisions

Literature

• Lukas Kiehne: Die unbeachtete Verfassungsrevolution? Zur Änderung der Staatsziele und des Diskriminierungsschutzes in der sachsen-anhaltischen Landesverfassung 2020. In: Zeitschrift für Landesverfassungsrecht und Landesverwaltungsrecht (ZLVR), Heft 2/2022, S. 57–62 (online).
• Michael Kilian (Hrsg.): Verfassungshandbuch Sachsen-Anhalt, Nomos, Baden-Baden 2004, ISBN 3-8329-0465-4.
• Andreas Reich: Verfassung des Landes Sachsen-Anhalt: Kommentar, Bock, Bad Honnef 1994, ISBN 3-87066-343-X.

External links

• Text der Verfassung des Landes Sachsen-Anhalt

References

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Categories:

• 1992 in politics
• Politics of Saxony-Anhalt
• Constitutions of Germany