Malcolm Rivera
Germany's reunification in 1990 was a significant event that brought about changes in the country's political and social landscape. However, it did not result in the creation of a new constitution. Instead of drafting a new constitution, the governments of the Federal Republic of Germany and the German Democratic Republic chose to retain the Basic Law, also known as the West German Constitution, with some modifications. This decision was made to ensure stability and build upon the effectiveness of the Basic Law, which had been in place since 1949. The Basic Law, initially intended as a provisional framework, had proven its worth and gained widespread support, influencing the choice to forgo a new constitution. While Germany's reunification did not lead to a new constitution, it sparked constitutional reforms in the years that followed to address the country's evolving needs.
| Characteristics | Values |
|---|---|
| Did Germany get a new constitution after reunification? | No, Germany did not get a new constitution after reunification. |
| Name of the constitution | The Basic Law |
| Year of adoption | 1949 |
| Type of adoption | The Basic Law was adopted by the German parliament |
| Type of constitution | Provisional constitution |
| Reason for being a provisional constitution | The Basic Law was intended to be a temporary framework for the basic organization of the state until German reunification |
| Constitutional model for reunification | Article 23 of the Basic Law |
| Constitutional model for a new constitution | Article 146 of the Basic Law |
| Major constitutional reforms | 1994, 2006, and 2009 |
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The Basic Law
On 3 October 1990, the German Democratic Republic was dissolved, and its constituent federated states were integrated into the Federal Republic of Germany, forming present-day Germany. The Basic Law was adopted throughout the entire German territory, with Eastern Germany joining the Federal Republic and five new federal states (Länder) and the reunified city-state of Berlin being created. The parliaments of West and East Germany approved this decision with two-thirds majorities.
Following reunification, major constitutional reforms were enacted in 1994, as well as in 2006 and 2009, to reorganise the federalist competences and financial structures of Germany. Despite these changes, the Basic Law has continued to bring stability and order to the German government, with the Federal Constitutional Court upholding its validity and legitimacy.
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Unification Treaty
The Unification Treaty, officially titled "Treaty between the Federal Republic of Germany and the German Democratic Republic on the Establishment of German Unity", was signed on 31 August 1990 by the chief negotiators, Federal Minister of Interior Wolfgang Schäuble and GDR State Secretary Günther Krause. The treaty was approved by large majorities in the legislative chambers of both countries on 20 September 1990 (442-47 in the West German Bundestag and 299-80 in the East German Volkskammer).
The Unification Treaty settled the transfer of the political and legal systems of West Germany to East Germany, including provisions related to parliament, judiciary, education, culture, science, transport, and telecommunications. The treaty also restored German unity by settling the accession of the GDR to the Federal Republic, with Eastern Germany joining the Federal Republic and five new federal states (Länder) and the reunified city-state of Berlin being created. This was done by implementing the West German constitution (Grundgesetz or Basic Law) in the East, instead of drafting a new constitution.
The Unification Treaty was the culmination of the German reunification process, which began on 9 November 1989 and ended on 3 October 1990, with the dissolution of the German Democratic Republic and the integration of its constituent federated states into the Federal Republic of Germany to form present-day Germany. This date was chosen as German Unity Day and has since been celebrated as a national holiday. The reunification was facilitated by the fall of the SED party in East Germany, which began on 2 May 1989 when Hungary opened its border with Austria, creating a hole in the Iron Curtain.
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Article 23
The Basic Law for the Federal Republic of Germany (German: Grundgesetz für die Bundesrepublik Deutschland) is the constitution of the Federal Republic of Germany. The West German Constitution was approved in Bonn on 8 May 1949 and came into effect on 23 May after being approved by the occupying western allies of World War II. It was termed "Basic Law" to indicate that it was a provisional piece of legislation pending the reunification of Germany.
Under Article 23, any new prospective Länder could adhere to the Basic Law by a simple majority vote. The initial 11 joining states of 1949 constituted the Trizone. West Berlin had been proposed as the 12th state, but this was legally inhibited by Allied objections since Berlin as a whole was legally a quadripartite occupied area. Despite this, West Berlin's political affiliation was with West Germany, and, in many fields, it functioned de facto as if it were a component state of West Germany.
When reunification took place in 1990, the Basic Law was retained as the definitive constitution of reunified Germany. Instead of drafting a new constitution with a subsequent referendum (in accordance with Article 146 of the Basic Law), the procedure of Article 23 of the Basic Law was chosen: Eastern Germany joined the Federal Republic, and five new federal states (Länder) and the reunified city-state of Berlin were created. The parliaments of West and East Germany approved this decision with two-thirds majorities.
On the same day as reunification came into force, Article 23 was repealed as the German question was settled, and to reaffirm the renunciation of any residual German claim to land east of Oder and Neiße. An unrelated article on the relationship between Germany and the European Union was inserted in its place two years later.
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Article 146
The Basic Law for the Federal Republic of Germany, adopted in 1949, served as the country's constitution. The law, also known as Grundgesetz, was initially intended as a provisional framework for the basic organisation of the state until German reunification.
However, in 1990, it became clear that drafting a new constitution would require lengthy negotiations that would bring up several issues in West Germany. At the same time, East Germany was facing economic and political collapse. As a result, the quicker process outlined in Article 23 of the Basic Law was chosen instead. This allowed for the accession of new Länder (federal states) to the existing Basic Law by a simple majority vote.
Under Article 23, East Germany voted to dissolve itself and join West Germany, and the area in which the Basic Law was in force was extended to include East Germany. The parliaments of both East and West Germany approved this decision with two-thirds majorities.
The Bundestag (German Parliament) amended Article 146 to state that German unification had been fully achieved. The Basic Law was also amended in 1994 and in 2006 and 2009 to reorganise federalist competences and financial structures.
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Two Plus Four Treaty
The Treaty on the Final Settlement with Respect to Germany, more commonly known as the Two Plus Four Treaty, was an international agreement that allowed for the reunification of Germany in October 1990. The treaty was negotiated between the two German states—the Federal Republic of Germany and the German Democratic Republic—and the Four Powers that had occupied Germany at the end of World War II: France, the Soviet Union, the United Kingdom, and the United States.
The Two Plus Four Treaty supplanted the 1945 Potsdam Agreement, with the Four Powers renouncing all rights they previously held with regard to Germany, including those concerning Berlin. This renunciation allowed for the reunification of Germany as a fully sovereign state, with the two German states agreeing to recognize the existing border with Poland. The treaty also addressed the issue of NATO membership, with the western half of the unified Germany becoming part of NATO, while the eastern half did not.
The reunification process was facilitated by the West German constitution (Basic Law) of 1949, which provided two options for reunification. The first option, outlined in Article 146, entailed a formal union between the two German states and the creation of a new constitution for the newly established country. However, this option was not chosen due to the time and complexity involved in drafting a new constitution. Instead, the second, more technical option was selected, utilizing Article 23 of the Basic Law, which allowed new Länder to adhere to the Basic Law by a simple majority vote.
Under the Two Plus Four Treaty, Germany gained the right to make and belong to alliances without foreign influence, although the enlarged Federal Republic inherited the West German seats in NATO and the European Communities. The treaty also stipulated the withdrawal of all Soviet forces from Germany by the end of 1994, with the last Russian troops departing in August 1994.
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Frequently asked questions
The Basic Law was the West German Constitution, approved in 1949 and intended as a provisional framework for the basic organization of the state until German reunification.
No, Germany did not get a new constitution after reunification. Instead, the Basic Law was retained as the definitive constitution of reunified Germany, with some amendments.
There were two options set out in the Basic Law. The first option, outlined in Article 146, would have entailed drafting a new constitution for a reunified Germany. The second option, outlined in Article 23, allowed for the former East German states to simply join the existing Basic Law framework.
Drafting a new constitution would have required protracted negotiations, which would have delayed reunification. The second option allowed for a quicker reunification process, and it was decided that the Basic Law had already proven effective in West Germany.
Major constitutional reforms were enacted in 1994, as well as in 2006 and 2009, to reorganize the federalist competences and financial structures of Germany.
