Section IX: Transitional and Final Provisions
Berlin and other Länder may establish joint authorities, courts of law or bodies, institutions and foundations operating under public law. Such an agreement shall require the consent of the House of Representatives. Joint authorities or bodies may be established with Land Brandenburg or individual regional bodies of this Land to which individual powers of regional and land use planning may be assigned by law. The provisions of the Federal Building Code (Baugesetzbuch) and the Regional Planning Act (Raumordnungsgesetz) shall remain unaffected.
(1) Land Berlin may form a joint Land with Land Brandenburg.
(2) A State Treaty between Land Berlin and Land Brandenburg relating to the formation of a joint Federal Land shall require the consent of a two-thirds majority of the House of Representatives, as well as consent by referendum in accordance with this State Treaty.
(3) The State Treaty may provide that
1. individual powers of the House of Representatives and the Senate may be delegated to joint committees and bodies of the two Länder, 2. the legislative period of the House of Representatives and the term of office of the Senate shall terminate with the formation of a joint Land.
(4) The rights of the House of Representatives shall remain unaffected.
(5) Details governing the referendum shall be the subject of a State Treaty.
The legal provisions regarding liberation from National Socialism and militarism, as well as the removal of their consequences, shall not be affected by the provisions of this Constitution.
Until the end of the 13th legislative period of the House of Representatives, the Borough Offices shall, on the basis of the election proposals of the parliamentary groups, be formed in accordance with the d’Hondt figure, which forms the basis for calculating the proportional representation of the parties in the Borough Assembly. Irrespective of the overall composition of the Borough Offices, joint nomination by several parliamentary groups for the election of the Borough Mayor shall be regarded as nominations by one parliamentary group. Details shall be the subject of a law.
Article 99 a
(1) The boroughs created by combining previously existing boroughs in the 14th legislative period of the Berlin House of Representatives shall be constituted on 1 January 2001.
(2) In the 14th legislative period of the Berlin House of Representatives, the Borough Assembly of a new borough composed of two previously existing boroughs shall consist of 69 members, and of 89 members in a new borough composed of three previously existing boroughs. This Borough Assembly shall convene for the first time in October 2000 and elect the new Borough Office, whose term in office shall begin on 1 January 2001. The Borough Assembly shall be composed of the Borough Assemblies of the previous boroughs. The number of members contributed by each of these to the new Borough Assembly is based on the previous boroughs’ share, out of the total number of members to which the Borough Assembly of the new borough is entitled, of the number of eligible voters in the new borough at the time of the election to the 14th legislative period of the House of Representatives. The members of the Borough Assemblies of the previous boroughs shall be at the same time members of the Borough Assemblies of the new boroughs. The term in office of the previous boroughs’ Borough Assemblies shall end at midnight of 31 December 2000.
(3) In the previous boroughs being combined to form new boroughs, Borough Office members in office at the beginning of the 14th legislative period of the Berlin House of Representatives shall remain in office until midnight of 31 December 2000. Dismissal pursuant to Article 76 shall be permitted only for important reasons. A by-election before 31 December 2000 shall be possible only if the previously existing Borough Office consists of less than three members.
(4) The Borough Offices and Borough Assemblies of the previous boroughs being combined to form new boroughs shall prepare the merger and consolidate the organisation of their borough administrations.
(5) Details shall be the subject of a law.
Amendments to the Constitution shall require a two-thirds majority of the elected members of the House of Representatives. If the amendment to the Constitution concerns Articles 62 and 63, a referendum shall also be required.
(1) Unless provided otherwise in para 2 this Constitution shall enter into effect, after approval in a referendum, on the day following its promulgation in the Berlin Gazette. At the same time the Constitution of Berlin dated 1 September 1950 (Berlin Gazette [VOBl.] Part I p. 433), last amended by the Act dated 8 June 1995 (Berlin Gazette p. 339), shall cease to apply.
(2) Article 99 shall enter into effect at the beginning of the 13th legislative period of the Berlin House of Representatives.
(3) Article 55 para 2 shall not apply to the Senate in office at the time this Constitution comes into effect.