Expert opinion on Reparation Claims

Basic Law for the Federal Republic of Germany of May 23, 1949

 

1. Article 146 Basic Law

Article 146 [Duration of the Basic Law]

Effective: Sept. 29, 1990

This Basic Law, which since the achievement of the unity and freedom of Germany applies to the entire German people, shall cease to apply on the day on which a constitution freely adopted by the German people takes effect.

 

Article 146

Effective: May 24, 1949

This Basic Law shall cease to apply on the day on which a constitution freely adopted by the German people takes effect.

 

2. Article 23 Basic Law

 

Article 23 Basic Law [European Union – Protection of basic rights – Principle of subsidiarity]

Effective: Dec. 26, 1992

 

Article 23 Basic Law

Sept. 30, 1990 – Dec. 25, 1992 (ceased to apply)

 

Article 23 Basic Law (Area of Application)

Effective: May 24, 1949 – Sept. 29, 1990 

This Basic Law applies initially in the territories of Baden, Bavaria, Bremen, Greater Berlin, Hamburg, Hesse, Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate, Schleswig-Holstein, Württemberg-Baden and Württemberg-Hohenzollern. In the other parts of Germany it is to be put into force after their accession.

 

3. Unification Treaty Act

"Law on the contract of 31 August 1990 between the Federal Republic of Germany and the Germans Democratic Republic on the Establishment of the Unity of Germany - Unification Treaty Act - and the Agreement of 18 September 1990 of 23 September 1990 (BGBl. 1990 II p. 885) "

EinigVtrG

Date of establishment: Sept.23, 1990

Input formula

The Bundestag, with the consent of the Bundesrat, has passed the following law; Article 79 (2) of the Basic Law is complied with:

 

4. Article 79 Basic Law [Amendment of the Basic Law]

(1) This Basic Law may be amended only by a law expressly amending or supplementing its text. In the case of an international treaty regarding a peace settlement, the preparation of a peace settlement, or the phasing out of an occupation regime, or designed to promote the defence of the Federal Republic, it shall be sufficient, for the purpose of making clear that the provisions of this Basic Law do not preclude the conclusion and entry into force of the treaty, to add language to the Basic Law that merely makes this clarification.

(2) Any such law shall be carried by two thirds of the Members of the Bundestag and two thirds of the votes of the Bundesrat.

(3) Amendments to this Basic Law affecting the division of the Federation into Länder, their participation on principle in the legislative process, or the principles laid down in Articles 1 and 20 shall be inadmissible.

 

5. State Treaty for Austria

Article 4 Prohibition of union

1. The Allied and Associated Powers declare that politic or economic union between Austria and Germany is prohibited. Austria fully recognizes its responsibilities in this matter and shall not enter into political or economic union with Germany in any form whatsoever.

2. In order to prevent such union Austria shall not conclude any agreement with Germany, nor do any act, nor take any measures likely, directly or in­directly, to promote political or economic union with Germany, or to impair its territorial integrity or political or economic independence. Austria further undertakes to prevent within its territory any act likely, directly or indirectly, to promote such union and shall prevent the existence, resurgence and activities of any organizations having as their aim political or economic union with Ger­many, and pan-German propaganda in favor of union with Germany.

 

Article 6 Human Rights

1. Austria shall take all measures necessary to secure to all persons under Austrian jurisdiction, without distinction as to race, sex, language or religion, the enjoyment of human rights and of the fundamental freedoms, including freedom of expression, of press and publication, of religious worship, of political opinion and of public meeting.

 

Article 9 Dissolution of Nazi Organizations

1. Austria shall complete the measures, already begun by the enactment of appropriate legislation approved by the Allied Commission for Austria, to destroy the National Socialist Party and its affiliated and supervised organizations, including political, military and para-military organizations, on Austrian territory. Austria shall also continue the efforts to eliminate from Austrian political, economic and cultural life all traces of Nazism, to ensure that the above mentioned organizations are not revived in any form, and to prevent all Nazi and militarist activity and propaganda in Austria.

2. Austria undertakes to dissolve all fascist-type organizations existing on its territory, political, military and para-military, and likewise any other organizations carrying on activities hostile to any United Nation or which intend to deprive the people of their democratic rights.

3. Austria undertakes not to permit, under threat of penal punishment which shall be immediately determined in accordance with procedures established by Austrian Law, the existence and the activity on Austrian territory of the above- mentioned organizations.

 

Article 10 Special Clauses on Legislation

1.   Austria undertakes to maintain and continue to implement the principles contained in the laws and legal measures adopted by the Austrian Government and Parliament since 1st May, 1945, and approved by the Allied Commission for Austria, aimed at liquidation of the remnants of the Nazi regime and at the reestablishment of the democratic system, and to complete the legislative and administrative measures already taken or begun since 1st May, 1945, to codify and give effect to the principles set out in Articles 6, 8 and 9 of the present Treaty, and insofar as she has not yet done so to repeal or amend all legislative and administrative measures adopted between 5th March, 1933, and 30th April, 1945, which conflict with the principles set forth in Articles 6, 8 and 9.

2.  Austria further undertakes to maintain the law of 3rd April, 1919, concerning the House of Hapsburg-Lorraine.

 

Article 11 Recognition of Peace Treaties

Austria undertakes to recognize the full force of the Treaties of Peace with Italy,1 Roumania,2 Bulgaria,3 Hungary,4 and Finland5 and other agreements or arrangements which have been or will be reached by the Allied and Associated Powers in respect of Germany and Japan6 for the restoration of peace.