Page 228 - 《客語及少數族群語言政策》附錄_少數語言法律
P. 228

Constitution





             the course of the following day.  The consent of the Landtag is also required for any other restriction on the
                                        2
             personal freedom of deputies.
             (3)  Any criminal proceedings against deputies and any imprisonment or other restriction of their personal freedom
             shall be suspended at the request of the Landtag for the duration of the term of office or for a shorter limited
             period.

                                                        Article 56
                                   [Right of Members of Parliament to Refuse to Testify]

             (1)  Deputies may refuse to testify about persons who have entrusted facts to them in their capacity as deputies or
             to whom they have entrusted facts as deputies, as well as about these facts themselves.
             (2)  Persons whose cooperation is used by deputies in the exercise of their mandate may refuse to testify about
             the perceptions they have made on the occasion of such cooperation.
             (3)  As far as this right to refuse to testify extends, the search and seizure of documents and other information
             carriers shall be inadmissible.

                                                        Article 57
                                             [Data Protection Commissioner]

            1 A data protection commissioner shall be appointed at the Landtag to safeguard the right to data protection and to
            assist in the exercise of parliamentary control.  The details shall be determined by law.
                                                   2

                                                        Article 58
                                               [Dissolution of the Landtag]

            The Landtag may dissolve itself upon a resolution of two-thirds of its members.

                                                       4.  Section
                                                  The state government


                                                        Article 59
                                     [Position and task, composition, business areas]

             (1)  The state government is at the head of the executive power.  It is responsible for the management and
                                                                    2
                1
                                      3
             administration of the country.  It has a share in legislation in accordance with the Constitution.
                1
                                                                                     2
             (2)  The State Government consists of the Prime Minister and the Ministers of State.  State secretaries may be
             appointed as additional members of the state government.
                1
                                                                            2
             (3)  The state government decides on the business areas of its members.  The Prime Minister may take over a
             business area himself.

                                                        Article 60
                                           [Formation of the state government]

             (1)  The Prime Minister shall be elected by the Landtag by a majority of its members, without debate, by secret
             ballot.
             (2)  If an election pursuant to paragraph 1 does not take place, the person who receives the majority of the votes
             cast in a further ballot shall be elected.
             (3)  If the Prime Minister is not elected within four months after the newly elected Diet has convened or after the
             office of Prime Minister has otherwise been discharged, the Diet shall be dissolved.
                                                                                            2
                1
             (4)  The prime minister appoints and dismisses the ministers of state and secretaries of state.  He appoints his
             deputy.

                                                        Article 61
                                                      [Official oath]
            1 Members of the state government take the oath of office before the Landtag upon taking office.  It is: "I swear that I
                                                                                             2
            will devote my strength to the good of the people, increase their benefits, avert harm from them, uphold and defend
            the Constitution and law, perform my duties conscientiously, and do justice to all."  The oath can also be taken with
                                                                                 3
                                                                                                          228
   223   224   225   226   227   228   229   230   231   232   233