4 WEBER AND SARAVIA v. GERMANY DECISION B. Relevant domestic law and practice 1. The Basic Law 14. The Basic Law provides for the following fundamental rights, in so far as relevant: Article 5 Right to freedom of expression “(1) Everyone shall have the right freely to express and disseminate his opinions in speech, writing and pictures and to obtain freely information from generally accessible sources. Freedom of the press and freedom of reporting on the radio and in films shall be guaranteed. There shall be no censorship. (2) These rights shall be subject to the limitations laid down by the provisions of the general laws and by statutory provisions aimed at protecting young people and to the obligation to respect personal honour.” Article 10 Secrecy of mail, post and telecommunications “(1) Secrecy of mail, post and telecommunications shall be inviolable. (2) Restrictions may be ordered only pursuant to a statute. Where such restrictions are intended to protect the free democratic constitutional order or the existence or security of the Federation or of a Land, the statute may provide that the person concerned shall not be notified of the restriction and that review by the courts shall be replaced by a system of scrutiny by agencies and auxiliary agencies appointed by the people’s elected representatives.” Article 19 Restriction on basic rights “... (4) If a person’s rights are violated by a public authority, he may have recourse to the courts. If no other jurisdiction has been established, the civil courts shall have jurisdiction. Article 10 § 2, second sentence, remains unaffected by this paragraph.” 15. The separation of legislative powers between the Federation and the Länder is laid down in Articles 70 et seq. of the Basic Law. Pursuant to Article 70 § 1 the Länder, in principle, have the right to legislate in so far as the Basic Law does not confer legislative power on the Federation. Such legislative power is conferred on the Federation, in particular, in Article 73: “The Federation shall have exclusive power to legislate [ausschließliche Gesetzgebungskompetenz] on: 1. foreign affairs and defence, including the protection of civilians; ...”