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GG 16a. 2 Paragraph ( 1 ) of this Article may not be invoked by a person who enters the federal territory from a member state of the European Communities or from another third state in which application of the Convention Relating to the Status of Refugees and of the Convention for the Protection of Human Rights and Fundamental Freedoms is assured . The states outside the European Communities to which the criteria of the first sentence of this paragraph apply shall be specified by a law requiring the consent of the Bundesrat . In the cases specified in the first sentence of this paragraph , measures to terminate an applicants stay may be implemented without regard to any legal challenge that may have been instituted against them .
GG 23. 1a The Bundestag and the Bundesrat shall have the right to bring an action before the Court of Justice of the European Union to challenge a legislative act of the European Union for infringing the principle of subsidiarity . The Bundestag is obliged to initiate such an action at the request of one fourth of its Members . By a statute requiring the consent of the Bundesrat , exceptions from the first sentence of paragraph ( 2 ) of Article 42 , and the first sentence of paragraph ( 2 ) of Article 52 , may be authorised for the exercise of the rights granted to the Bundestag and the Bundesrat under the contractual foundations of the European Union .