Occupation statute

The Occupation Statute for the Western occupation zones of Germany and the Federal Republic of Germany was founded on April 10, 1949 DC by the three western allies France, Britain and the United States in Washington, adopted and submitted to the Parliamentary Council, in a note; on May 12, 1949, it was announced formally by the three military governors and commanders. It regulated the division of powers and responsibilities between the future German government on 15 September 1949 and the Allied High Commission (AHC; until 1955 ), based on the Petersberg near Bonn.

From 14 May 1949 were also the three western sectors of Berlin, a similar statute, the so-called Small occupation statute. It fixed the separate occupation law of the Western Allies for this part of Berlin.

The text of the Occupation Statute was adopted at the Conference of Foreign Ministers of the Western powers ( 6 to 8 April 1949). With this document, the legal barriers were set that were set of state sovereignty of the Federal Republic: disarmament and demilitarization, foreign policy and foreign economic, Ruhr Authority and other international monitoring bodies remained the responsibility of the occupying powers. In the accompanying letter was informed that the military governors were replaced by a civilian High Commission once a West German government had been formed. The occupation regime should therefore not end with the adoption of the Constitution understood as a provisional constitution and the founding of the Federal Republic on the territory of the three western zones, but are merely loosened and legally redefined. The military governors would, as it had heard the German Minister in Frankfurt am Main, " the exercise of their full powers resume ", and not only in case of imminent state of emergency for the safety, but also "to, if necessary, the observance of the Constitution and the Occupation Statute to secure ".

The occupation statute came into force on 21 September 1949. Although it and the greatest number of limitations should be repealed originally revised within 18 months ( revised March 6, 1951), it remained effective up to the Paris Agreements on 5 May 1955. With these it is the occupation law powers and responsibilities were completely abolished. The Allied rights associated lost in 1990 with the reunification of Germany and the entry into force of the Two Plus Four Treaty on 15 March 1991 under international law its effect, when Germany regained full sovereignty.

Through the occupation statute, the Federal Republic of Germany was only limited sovereign, the governments of France, the USA and Great Britain granted the Federal Republic but the " greatest possible degree of self- government" a. The security of the Allies was in the foreground. Changes of the Basic Law requiring formal approval by the three powers. With the end of the Occupation Statute finally accounted for the Basic Law imposed Allied occupation reservations.