Section I: Fundamental Provisions

Article 1

(1) Berlin is both a German Land and a city.

(2) Berlin is a Land of the Federal Republic of Germany.

(3) The Basic Law (Grundgesetz) and the laws of the Federal Republic of Germany shall be binding on Berlin.

Article 2

Public authority shall be held by all German nationals domiciled in Berlin. They shall exercise their will according to this Constitution directly by electing Parliament and by vote, and indirectly through Parliament. Those provisions of this Constitution which afford to other residents of Berlin the right to participate in the state’s formation of will shall remain unaffected.

Article 3

(1) Legislative power shall be implemented by vote and by Parliament. Executive power shall lie in the hands of the Government and of the administration, judicial power in the hands of independent courts.

(2) Parliament, government and administration, including the borough administrations, shall discharge the responsibilities of Berlin as a municipality, an association of municipalities and as a Land.

Article 4

(1) Berlin shall consist of twelve boroughs. They shall comprise the former boroughs of

1. Mitte, Tiergarten and Wedding,
2. Friedrichshain and Kreuzberg,
3. Prenzlauer Berg, Weißensee and Pankow,
4. Charlottenburg and Wilmersdorf,
5. Spandau,
6. Zehlendorf and Steglitz,
7. Schöneberg and Tempelhof,
8. Neukölln,
9. Treptow and Köpenick,
10. Marzahn and Hellersdorf,
11. Lichtenberg and Hohenschönhausen,
12. Reinickendorf.

(2) Any change of its territory shall be subject to consent by Parliament. The number and boundaries of the boroughs may only be changed subject to a law. A different procedure may be provided for by law in respect of minor boundary changes to which the boroughs concerned consent.

Article 5

The flag, the coat of arms and the seal of Berlin shall show a bear. The colours of the flag shall be white and red.