Page:The Bonn Constitution (Basic Law FRG 1949).pdf/43

 (2) If a federal judge, in his official or unofficial capacity, infringes the principles of the Basic Law or the constitutional order of a Land, the Federal Constitutional Court may on the application of the Bundestag and with a two-thirds majority, order that the judge be transferred to another office or placed on the retired list. In the case of wilful infringement dismissal may also be decided upon.

(3) The legal status of the judges in the Laender must be regulated by special Land legislation. The Federation may issue general provisions.

(4) The Laender may determine that the Land Minister of Justice shall, together with a committee for the election of judges, decide on the appointment of judges in the Laender.

(5) The Laender may make an appropriate regulation for Land judges in accordance with paragraph (2). Valid Land constitutional law shall remain unaffected. The Federal Constitutional Court shall decide in the case of impeachment of a judge.

By Land legislation the decision on constitutional disputes within a Land may be assigned to the Federal Constitutional Court, and the decision of final instance on matters involving the application of Land law to the higher federal courts.

(1) If a court considers unconstitutional a law the validity of which is pertinent to its decision, proceedings must be stayed and, if a violation of a Land Constitution is involved, the decision of the Land court competent for constitutional disputes shall be obtained and, if a violation of this Basic Law is involved , the decision of the Federal Constitutional Court shall be obtained. This shall also apply if the violation of this Basic Law by Land law or the incompatability of a Land law with a federal law is involved.

(2) If in litigation it is doubtful whether a rule of international law forms part of federal law and whether it creates direct rights and duties for the individual (Article 25), the court shall obtain the Rh