Reunification clause

The reunification mandate was a part of the preamble to the Basic Law of the Federal Republic of Germany in force from 1949 to 1990 version.

The constitutional side of international law, self-determination

The preamble ended with the sentence: "The entire German people are called upon to achieve in free self -determination the unity and freedom of Germany. " According to the jurisprudence of the Constitutional Court from this was followed by a constitutional court, all state organs binding bid to seek the restoration of German unity and to to work towards achieving this goal.

The attempt of the then opposition, however, to prevent the ratification of the agreements negotiated by the social-liberal coalition under Chancellor Willy Brandt, the Master Agreement between the Federal Republic and the GDR by the Federal Constitutional Court, failed because the Constitutional Court refer to the autonomy of the policy on the question in what way the State goal of reunification was implemented, said.

After German reunification in 1990

" By changing the preamble to, and Article 146 of the Basic Law aF and the repeal of Article 23 of the Basic Law A. F. the reunification goal is overall satisfied. Other areas that could join, there is neither under the applicable constitutional law of the Federal Republic of Germany or under international law [ ... ]. For the inclusion of other territories of the German Reich within the borders December 31, 1937, to which Article 23 sentence 2 GG aF took off [ ... ], there's no legal basis. The Federal Republic of Germany has become identical with the persistence of the German Reich in the format specified by its Constitution and international law area extent. From the previous partial identity [ ... ] a full subject identity has become. The Federal Republic thus entered the right and duty position of the German Reich received in full. "

More reunion bids

A reunion bid was

On the other hand, there is a constitutional requirement for state autonomy

  • In the canton of Basel-Country,
  • Force the State Treaty of 1955 in the Republic of Austria.
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