Basic Treaty, 1972

As a basic treaty (also called basic contract ) will be referred to the Treaty on the basis of relations between the Federal Republic of Germany and the German Democratic Republic. It was closed on 21 December 1972, on 11 May ( Federal Republic) and June 13, 1973 ( GDR ) was ratified and entered into force on 21 June 1973.

History

The basic contract was preceded by a number of other contracts under the new Ostpolitik. Under Chancellor Willy Brandt by a U-turn from the Hallstein Doctrine for domestic policy of the heralded " change through rapprochement ". On August 12, 1970, a treaty of the Federal Republic was concluded with the Soviet Union ( Moscow Treaty ), on 7 December 1970 with the People's Republic of Poland ( Warsaw Pact ), on September 3, 1971, the Four Power Agreement had been taken over Berlin, when supplementary agreement to the Federal Republic and the GDR had closed the transit agreements on how to travel between West Berlin and the Federal Republic and the contract of travel facilities. After the basic treaty of Prague agreement was concluded with the Czechoslovak Socialist Republic still on 11 December 1973.

The negotiations for the treaty were ( and later Federal Minister for Special Tasks ) Egon Bahr, the Secretary of State in the Federal Chancellery - for the Federal Republic of Germany - and the State Secretary Michael Kohl - for the GDR - out. The contract was subsequently signed in East Berlin by M. Kohl and Bahr on 21 December 1972.

The contract negotiations were progressed very slowly, since the GDR initially only ready to negotiate declared that if the German Democratic Republic would be recognized under international law after the conclusion of the contract. This requirement could not fulfill the social-liberal coalition, as they would thus violate the reunification mandate in the Basic Law. From the Federal Republic of Germany, the German Democratic Republic was therefore merely expressed the constitutional recognition to the end, even if their status was confirmed as a subject of international law by the Constitutional Court. The Federal Republic affirmed already in Moscow and Warsaw Treaty the status quo and the sovereignty of the GDR. After completion of the Moscow Treaty Walter Ulbricht had negotiations without preconditions.

Agreements

The Master Agreement consists of ten articles:

• In Article 1, the development of good neighborly relations on an equal basis is agreed.
• In Article 2, the two countries are committed to the principles of the United Nations.
• In Article 3, they agree to dispense with the settlement of disputes by force and to respect each other's boundaries. The " inviolability of borders " but excludes an intrinsic change in mutual agreement not.
• In Article 4, it is determined that neither of the two states can represent the other international.
• In Article 5 of promise, the two countries that they participate in the process of Security and Cooperation in Europe and support the disarmament efforts are
• In Article 6, the two countries agree that the jurisdiction is limited to its own territory and they respect each other's autonomy and independence in internal and external affairs.
• In Article 7 of the Agreement on cooperation in a number of areas (including business, science, post and telecommunications, culture and sports) are in prospect.
• Article 8 of the exchange of Permanent Representatives agreed.
• Article 9 provides that the contract shall not affect previous contracts.
• In Article 10, the ratification and entry into force is regulated.

On a scheme of open property issues, the parties could not agree.

Prior to the signing of the Treaty Egon Bahr presented the " Letter on German Unity ", in which it was found that the contract " is not in contradiction to the policy objective of the Federal Republic of Germany, to work towards a state of peace in Europe in which the German people their unity regained in free self-determination. "

Resistors

The contract on the basis of relations between the Federal Republic and the GDR was politically and legally controversial. Had the CDU / CSU Parliamentary Group reservations about the agreement because it did not contain essential points: For example, the contract was not made ​​subject to the reservation of a to be aimed at the peace treaty, no regulations on the status of Berlin have been taken, and the rights and responsibilities of Four Powers were not mentioned.

The human facilitation would not be sufficiently protected and concepts such as national unity, freedom and human rights are not treated or inadequately. Finally, the contract was ratified with 268 votes against 217 by the German Bundestag. In the Bundesrat, the treaty was rejected by the majority of the CDU / CSU-governed countries. However, since a transfer has not decided on the mediation committee, the law was adopted.

On 22 May 1973, three days before the debate on the ratification of the Basic Treaty in the Bundesrat, the Bavarian government decided to let him check by the Federal Constitutional Court. On May 28, she struggled then to the standard control procedures. In the grounds there were complaints that the contract including the constitutional reunification mandate and the duty of care towards Germans in the German Democratic Republic violated, since no intervention for their protection could no longer take place. For Berlin, he had also only limited validity. The Constitutional Court ruled on 31 July 1973 that the Treaty was compatible with the Basic Law. It expressed itself in its judgment in detail and fundamental to the survival of the German state, that is, the status quo, as this had emerged since 1945. In the grounds, it was found that agreed with the basic treaty recognition of the GDR a " de facto recognition of a special kind " is. The reunification mandate tie still all constitutional bodies. But the path to reunification remains the political actors leave. The contract itself was formed in addition to the existing " an additional new legal basis [ ... ] that close in Germany than ordinary international treaties between two states bind the two countries together " should.

Follow

On 2 May 1974, the Permanent Representations started their work. As Permanent Representative of the Federal Republic in the GDR Günter Gaus, was accredited as Ambassador of the GDR into the Federal Republic of Michael Kohl.

Both countries agreed that they would apply for membership in the United Nations. On September 18, 1973, she was finally adopted as 133rd and 134th member.

The following individual contracts were concluded in the following years:

• April 25, 1974 Agreement on Health Care
• March 30, 1976 Agreement on Postal Service and Telecommunications
• September 16, 1978 agreement for the construction of a motorway between Hamburg and Berlin
• November 29, 1978 Government report on the "Review, update and extend the marking of existing between the Federal Republic and the GDR border "
• December 21, 1979 agreement on cooperation in the veterinary field
• April 30, 1980 agreement for the construction of a motorway between Berlin and Herleshausen, the expansion of the Mittelland Canal and the doubling of the railway line between Berlin and Helmstedt