30: German Reunification 1

German Reunification: Part 1

 

(Map showing the division of East (red) and West Germany (blue) until 3 October 1990, with West Berlin in yellow)

German reunification (German: Deutsche Wiedervereinigung) was the process in 1990 in which the German Democratic Republic (GDR, colloquially East Germany; German: Deutsche Demokratische Republik/DDR) became part of the Federal Republic of Germany (FRG, colloquially West Germany; German: Bundesrepublik Deutschland/BRD) to form the reunited nation of Germany, as provided by Article 23 of the FRG's then Constitution (Grundgesetz). The end of the unification process is officially referred to as German Unity (German: Deutsche Einheit), celebrated each year on 3 October as German Unity Day (German: Tag der deutschen Einheit). Berlin was reunited into a single city, and was once again designated as the capital of united Germany.

The East German Government started to falter in May 1989, when the removal of Hungary's border fence with Austria opened a hole in the Iron Curtain. It caused an exodus of thousands of East Germans fleeing to West Germany and Austria via Hungary. The Peaceful Revolution, a series of protests by East Germans, led to the GDR's first free elections on 18 March 1990, and to the negotiations between the GDR and FRG that culminated in a Unification Treaty. Other negotiations between the GDR and FRG and the four occupying powers produced the so-called "Two Plus Four Treaty" (Treaty on the Final Settlement with Respect to Germany) granting full sovereignty to a unified German state, whose two parts were previously bound by a number of limitations stemming from their post-World War II status as occupied regions.

The 1945 Potsdam Agreement had specified that a full peace treaty concluding World War II, including the exact delimitation of Germany's postwar boundaries, required to be "accepted by the Government of Germany when a government adequate for the purpose is established." The Federal Republic had always maintained that no such government could be said to have been established until East and West Germany had been united within a free democratic state; but in 1990 a range of opinions continued to be maintained over whether a unified West Germany, East Germany, and Berlin could be said to represent "Germany as a whole" for this purpose. The key question was whether a Germany that remained bounded to the east by the Oder–Neisse line could act as a "united Germany" in signing the peace treaty without qualification. Under the "Two Plus Four Treaty" both the Federal Republic and the Democratic Republic committed themselves and their unified continuation to the principle that their joint pre-1990 boundaries constituted the entire territory that could be claimed by a Government of Germany, and hence that there were no further lands outside those boundaries that were parts of Germany as a whole.

The post-1990 united Germany is not a successor state, but an enlarged continuation of the former West Germany. As such, the enlarged Federal Republic of Germany retained the West German seats in international organizations including the European Community (later the European Union) and NATO, while relinquishing membership in the Warsaw Pact and other international organizations to which only East Germany belonged. It also maintains the United Nations membership of the old West Germany.

Economic Merger: Discussions immediately began on an emergency merger of the German economies. On 18 May 1990, the two German states signed a treaty agreeing on monetary, economic and social union. This treaty is called Vertrag über die Schaffung einer Währungs-, Wirtschafts- und Sozialunion zwischen der Deutschen Demokratischen Republik und der Bundesrepublik Deutschland  ("Treaty Establishing a Monetary, Economic and Social Union between the German Democratic Republic and the Federal Republic of Germany"); it came into force on 1 July 1990, with the West German Deutsche Mark replacing the East German mark as the official currency of East Germany. The Deutsche Mark had a very high reputation among the East Germans and was considered stable.  While the GDR transferred its financial policy sovereignty to West Germany, the West started granting subsidies for the GDR budget and social security system. At the same time, many West German laws came into force in the GDR. This created a suitable framework for a political union by diminishing the huge gap between the two existing political, social, and economic systems.

German Reunification Treaty:   The Volkskammer, the Parliament of East Germany, passed a resolution on 23 August 1990 declaring the accession (Beitritt) of the German Democratic Republic to the Federal Republic of Germany, and the extension of the field of application of the Federal Republic's Basic Law to the territory of East Germany as allowed by article 23 of the West German Basic Law, effective 3 October 1990. The East German Declaration of Accession (Beitrittserklärung) to the Federal Republic, as provided by Article 23 of the West German Basic Law, was approved by the Volkskammer on 23 August, and formally presented by its President, Sabine Bergmann-Pohl, to the President of the West German Bundestag, Rita Süssmuth, by means of a letter dated 25 August 1990. Thus, formally, the procedure of reunification by means of the accession of East Germany to West Germany, and of East Germany's acceptance of the Basic Law already in force in West Germany, was initiated as the unilateral, sovereign decision of East Germany, as allowed by the provisions of article 23 of the West German Basic Law as it then existed.

In the wake of that resolution of accession, the "German reunification treaty", commonly known in German as "Einigungsvertrag" (Unification Treaty) or "Wiedervereinigungsvertrag" (Reunification Treaty), that had been negotiated between the two German states since 2 July 1990, was signed by representatives of the two Governments on 31 August 1990. This Treaty, officially titled Vertrag zwischen der Bundesrepublik Deutschland und der Deutschen Demokratischen Republik über die Herstellung der Einheit Deutschlands (Treaty between the Federal Republic of Germany and the German Democratic Republic on the Establishment of German Unity), 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 Treaty passed the West German Bundesrat on the following day, 21 September 1990. The amendments to the Federal Republic's Basic Law that were foreseen in the Unification Treaty or necessary for its implementation were adopted by the Federal Statute of 23 September 1990, that enacted the incorporation of the Treaty as part of the Law of the Federal Republic of Germany. The said Federal Statute, containing the whole text of the Treaty and its Protocols as an annex, was published in the Bundesgesetzblatt (the official journal for the publication of the laws of the Federal Republic) on 28 September 1990.  In the German Democratic Republic, the constitutional law (Verfassungsgesetz) giving effect to the Treaty was also published on 28 September 1990. With the adoption of the Treaty as part of its Constitution, East Germany legislated its own abolition as a State.

Under article 45 of the Treaty, it entered into force according to international law on 29 September 1990, upon the exchange of notices regarding the completion of the respective internal constitutional requirements for the adoption of the treaty in both East Germany and West Germany. With that last step, and in accordance with article 1 of the Treaty, and in conformity with East Germany's Declaration of Accession presented to the Federal Republic, Germany was officially reunited at 00:00 CEST on 3 October 1990. East Germany joined the Federal Republic as the five Länder (states) of Brandenburg, Mecklenburg-Vorpommern, Saxony, Saxony-Anhalt and Thuringia. These states were the five original states of East Germany, but were abolished in 1952 in favor of a centralized system. As part of the 18 May treaty, the five East German states were reconstituted on 23 August. At the same time, East and West Berlin reunited into one city, which became a city-state along the lines of the existing city-states of Bremen and Hamburg. Berlin was still formally under Allied occupation (that would only be terminated later, as a result of the provisions of the Two Plus Four Treaty), but the city's administrative merger and inclusion in the Federal Republic of Germany, effective on 3 October 1990, had been greenlighted by the Allies, and were formally approved in the final meeting of the Allied Control Council on 2 October 1990. In an emotional ceremony, at the stroke of midnight on 3 October 1990, the black-red-gold flag of West Germany—now the flag of a reunited Germany—was raised above the Brandenburg Gate marking the moment of German reunification.

Legally, the reunification did not create a third state out of the two. Rather, West Germany effectively absorbed East Germany. Accordingly, on Unification Day, 3 October 1990, the German Democratic Republic ceased to exist, and five new Federal States on its former territory joined the Federal Republic of Germany. East and West Berlin were reunited and joined the Federal Republic as a full-fledged Federal City-State. Under this model, the Federal Republic of Germany, now enlarged to include the five states of the former German Democratic Republic plus the reunified Berlin, continued legally to exist under the same legal personality that was founded in May 1949. While the Basic Law was modified, rather than replaced by a constitution as such, it still permits the adoption of a formal constitution by the German people at some time in the future.

International Effects:  The practical result of that model is that the now-expanded Federal Republic of Germany inherited the old West Germany's seats at the UN, NATO, the European Communities and other international organizations. It also continued to be a party to all the treaties the old West Germany signed prior to the moment of reunification. The Basic Law and statutory laws that were in force in the Federal Republic, as amended in accordance with the Unification Treaty, continued automatically in force, but now applied to the expanded territory. Also, the same President, Chancellor (Prime Minister) and Government of the Federal Republic remained in office, but their jurisdiction now included the newly acquired territory of the former East Germany. To facilitate this process and to reassure other countries, fundamental changes were made to the "Basic Law" (constitution). The Preamble and Article 146 were amended, and Article 23 was replaced, but the deleted former Article 23 was applied as the constitutional model to be used for the 1990 reunification. Hence, prior to the five "New Länder" of East Germany joining, the Basic Law was amended to indicate that all parts of Germany would then be unified such that Germany could now no longer consider itself constitutionally open to further extension to include the former eastern territories of Germany, that were now Polish, Russian or Lithuanian. The changes effectively formalized the Oder–Neisse line as Germany's permanent eastern border. These amendments to the Basic Law were mandated by Article I, section 4 of the Two Plus Four Treaty.

Day of German Unity:  To commemorate the day that marks the official unification of the former East and West Germany in 1990, 3 October has since then been the official German national holiday, the Day of German Unity (Tag der deutschen Einheit). It replaced the previous national holiday held in West Germany on 17 June commemorating the Uprising of 1953 in East Germany and the national holiday on 7 October in the GDR, that commemorated the foundation of the East German state.

https://en.wikipedia.org/wiki/German_reunification