Page:British and Foreign State Papers, vol. 155 (1958).djvu/528

 Rh The exercise of the powers of the State and the performance of State functions shall be the concern of the Laender, in so far as this Basic Law does not otherwise prescribe or permit.

Federal law shall supersede Land law.

The maintenance of relations with foreign States shall be the affair of the Federation.

Before the conclusion of a treaty affecting the special conditions of a Land, the Land must be consulted sufficiently early.

In so far as the Laender are competent to legislate, they may, with the approval of the Federal Government, conclude treaties with foreign States.

Every German shall have in each Land the same civil (staatsbürgerliche) rights and duties.

Every German shall have equal access to any public office in accordance with his suitability, ability and professional achievements.

Enjoyment of municipal and national civil (bürgerliche and staatsbürgerliche) rights, access to public offices, as well as the rights acquired in the public service, shall be independent of religious confession. No one may be prejudiced on account of his adherence or non-adherence to a confession or ideology (Weltanschauung).

The exercise of State authority (hoheitsrechtliche Befugnisse) shall normally be assigned as permanent functions to members of the public service who are in a status of service and loyalty under public law.

Law regarding the public service shall be regulated with due regard to the established principles concerning the legal status of professional officials (Berufsbeamtentum).

If any person, in exercising the duties of a public office entrusted to him, violates his official obligation towards a third party, liability shall in principle rest with the State or his employing authority. In the case of wilful intent or gross