Treaty on the unification of Germany and Germany. Some features of changes in legislation upon the entry of the GDR into the Federal Republic of Germany Entry of the German Democratic Republic into the Federal Republic of Germany

In Berlin, the Minister of the Interior of the Federal Republic of Germany Wolfgang Schäuble and the Parliamentary Secretary of State under the Prime Minister of the GDR Günter Krause signed the Treaty establishing German unity between the Federal Republic of Germany and the German Democratic Republic (Treaty of Unification), which provided for reunification on the basis of the mechanism for the accession of the GDR to the Federal Republic of Germany by Article 23 of the German Constitution.

Negotiations on the possibility of uniting the Federal Republic of Germany and the GDR and creating a single German state were conducted continuously, but unsuccessfully, for forty years after the end of World War II and the emergence of two states in place of the defeated Third Reich. This was hampered by many circumstances, including something as significant as the contrast between the socio-economic and political systems on which these two states were based.

The governments of the Federal Republic of Germany and the German Democratic Republic, as well as the victorious powers - the USSR, USA, Great Britain and France, who, in accordance with the post-war settlements, were responsible for “Germany as a whole” and had the corresponding control rights, could not agree on the key issue - what the military-political status of a united Germany. Western powers insisted on its integration into NATO. The Soviet Union advocated that a united Germany should not be part of any military-political blocs and should have the status of a neutral or non-aligned state.

On the liquidation of the GDR, the entry of its territory into the Federal Republic of Germany and German unity. The document came into force on September 29, 1990. The agreement set the date of unification as October 3, 1990.

Treaty between the Federal Republic of Germany and the German Democratic Republic establishing German unity
Vertrag zwischen der Bundesrepublik Deutschland und der Deutschen Demokratischen Republik über die Herstellung der Einheit Deutschlands

Two official copies of the treaty on display in the archives of the Ministry of Foreign Affairs in Berlin
Contract type international treaty
date of signing August 31, 1990
Place of signing Berlin
Entry into forceSeptember 29, 1990
Parties Germany
GDR

The signing of the Treaty was the result of bilateral negotiations between the two German states that took place during 1990. The German delegation at the negotiations was headed by German Interior Minister Wolfgang Schäuble, and the GDR delegation by Günter Krause. The treaty was signed in Berlin on the Unter den Linden on the second floor of Prince Henry's Palace.

The desire for unification in the German Constitution

The Constitution of the Federal Republic of Germany, which entered into force on May 24, 1949, in Article 23 provided for the possibility of its extension to “other parts of Germany.” Thus, from the very beginning of the existence of the Federal Republic of Germany, the basis was laid for the inclusion of all former territories of the German Empire.

This basic law applies primarily in the states of Baden, Bavaria, Bremen, Greater Berlin, Hamburg, Hesse, Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate, Schleswig-Holstein, Württemberg-Baden and Württemberg-Hohenzollern. In other parts of Germany it comes into force upon their accession. Basic Law of the Federal Republic of Germany, Article 23 as amended in 1949.

On May 18, 1990, an agreement on a monetary, economic and social union was signed between the Federal Republic of Germany and the German Democratic Republic. Thus, only state and political unity was missing. From the position of Germany, the unification of the two states was possible in two directions:

As a result, it was decided to carry out the unification on the basis of Article 23 of the Constitution of the Federal Republic of Germany, as it was simpler and would allow the unification of Germany to be carried out in a shorter period of time. The Saarland was previously accepted into the Federal Republic of Germany along the same path. However, for unification along this path, the decision to join the Federal Republic of Germany had to come from the leadership of the GDR.

The prerequisite for the conclusion of the Treaty of Unification was the treaty on the final settlement in relation to Germany, which contained the renunciation of the four victorious powers from their rights in relation to Germany.

Main provisions of the Agreement

  • The state of the GDR is liquidated, and its territory, in accordance with Article 23 of the Constitution of the Federal Republic of Germany, is covered by this constitution. Also, with slightly changed borders on the territory of the GDR, five lands that existed before 1952 are recreated, which become the new lands of the Federal Republic of Germany.
  • On the territory of 23 districts of the western and eastern parts of Berlin, an independent federal state of Berlin is created, which is also subject to the Constitution of the Federal Republic of Germany. The united city is proclaimed the capital of a united Germany.
  • The preamble of the German Constitution is changed by adding new states as an integral part of Germany; the phrase about the desire of the German people to unite under the roof of a single German state is replaced by the phrase about the completion of such unification and the validity of this constitution for the entire German people. Article 23 on the possibility of new territories joining the Federal Republic of Germany is repealed as having fulfilled its purpose, thereby Germany no longer lays claim to any territories.
  • The Federal Republic of Germany takes over all assets and debts of the GDR.
  • October 3 is declared a national holiday in Germany.

This treaty essentially also abolished the Constitution of the GDR and introduced the Constitution of the Federal Republic of Germany on its territory. The annexes to the Unification Treaty also regulated the entry of German legal norms into the annexed territory. With some exceptions, they came into force in the territory of the former GDR immediately from the moment of accession. The previously valid law of the GDR (for example, the Civil Code and the Family Code of the GDR) lost its legal force. Some legal norms of the GDR, however, continued to operate as land (regional) law in the new lands until they adopted independent local laws.

See also Beitrittsgebiet) the German Constitution of 1949 was put into effect. Five new states were recreated in the territories of the former GDR, and the united Berlin was also declared an independent state.
German reunification
Previous in order division of Germany [d]
start date November 9
expiration date October 3
Media files on Wikimedia Commons

The legal basis for the unification of the two German states was laid by the Treaty on the Final Settlement regarding Germany (also called the “Two Plus Four” Treaty - according to the countries that signed it: the GDR and the Federal Republic of Germany plus Great Britain, France, the USSR and the USA).

Background

The first step towards the unification of Germany was taken in October 1988, when German Chancellor Helmut Kohl came to Moscow for a visit. Even before this visit, the German authorities had made assumptions about the possible unification of Germany, to which an encouraging response was received from Mikhail Gorbachev: the General Secretary of the CPSU Central Committee, Chairman of the Presidium of the Supreme Soviet of the USSR wrote Kohl a letter in which for the first time words appeared about the need to open “ a new chapter" in relations between the two countries.

During Helmut Kohl's return visit to Moscow, where he received a warm welcome, on October 28, 1988, in the Catherine Hall of the Kremlin, important negotiations took place between Gorbachev and Kohl, which were a turning point in resolving the issue of the unification of the GDR and the Federal Republic of Germany.

In June 1989, during Gorbachev's visit to Germany, a joint statement was signed. Helmut Kohl himself characterized this document as a kind of line drawn under the past, and at the same time as a source illuminating the path to the future. Gorbachev, for his part, called the document a “breakthrough.” After this, the leaders of the USSR and Germany met more than once to develop a specific mechanism for the unification of Germany. As a result of these negotiations, Gorbachev agreed to the unification of Germany on the terms put forward by Kohl. Later, many leading politicians and leaders of the USSR made complaints to Gorbachev about the unfavorable, in their opinion, conditions for the unification of Germany for the Soviet Union. In particular, the former Ambassador Extraordinary and Plenipotentiary of the USSR to Germany V. M. Falin said: “... even under German Chancellor Ludwig Erhard, an amount of 124 billion marks was named as “compensation” for the unification of Germany. In the early 1980s - 100 billion marks so that we would release the GDR from the Warsaw Pact and it would receive a neutral status like Austria. I told Gorbachev: “We have every opportunity to achieve the status of a nuclear-free territory for Germany and prevent NATO expansion to the east; According to polls, 74% of the population will support us.” He: “I’m afraid the train has already left.” In fact, he told them: “Give us 4.5 billion marks to feed the people.” That's all. He didn’t even write off the Soviet Union’s debts to both Germanys, although our property in the GDR alone was worth nearly a trillion!”

The role of the USA, Great Britain and France in the unification of Germany

In the end, a consensus was reached by the victorious countries, they agreed to grant a united Germany full sovereignty and on September 12, 1990, they signed the Treaty on the Final Settlement regarding Germany in Moscow.

General situation in Europe on the eve of unification

The prerequisite for the creation of a pan-German state was the parliamentary elections in the GDR in March 1990. The East German Christian Democrats win these elections by a large margin. Their leader, Lothar de Maizières, becomes head of the GDR government.

Main stages of the merger process

German reunification took place on October 3, 1990. This day has since become the Day of German Unity and is celebrated annually as a national holiday. On this day, from 00:00, the GDR ceased to exist, its state institutions were abolished, the army was disbanded, and the navy was liquidated. In fact, Germany, which annexed the GDR, remained a member of the EEC and NATO. At the same time, the united Germany gained full sovereignty only on March 15, 1991 - the day the Treaty on the Final Settlement with respect to Germany came into force.

On October 14, 1990, five newly recreated states of the former GDR became part of the Federal Republic of Germany: Brandenburg, Mecklenburg-Vorpommern, Saxony, Saxony-Anhalt, Thuringia and the territory of Berlin.

The Economic and Monetary Union came into force on July 1, 1990, with the exchange of

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Books

  • The other day. Our era. 1981-1990, Parfenov Leonid Gennadievich. The third volume of the book project "Namedni. Our Era. 1981-1990" is dedicated to a particularly eventful decade - the 80s. The era began with mourning marches at the funerals of general secretaries, and then dispersed...
  • The other day. Our era. 1981-1990, Leonid Parfenov. The third volume of the book project "Namedni. Our Era. 1981-1990" is dedicated to a particularly eventful decade - the 80s. The era began with mourning marches at the funerals of general secretaries, and then dispersed...

The fall of the GDR brought down the entire socialist camp. The reunification of Germany predetermined the subsequent process of unification of Europe, up to the borders of the former USSR, within the structures of NATO and the EU. In accordance with the laws of political drama, such a great cause must be linked to the name of a great hero, who must certainly be identified (found and/or appointed) by a unanimous decision of the progressive public.

Despite the fact that no one has yet been definitively recognized as the main unifier of Germany, there are a number of contenders for this title who enjoy significant support in the relevant strata and segments of the global information space.

Hollywood Liberator Hero

The belief that God himself resides in the United States is deeply rooted in the American public consciousness. Therefore, in any glorious deed it is reasonable to look first of all for traces of American participation (or at least complicity). Accordingly, only a strong American guy could break the barriers between the two German states and the two parts of divided Europe. This guy's name was Ronald Reagan, and he was a film actor by profession, and by coincidence, the President of the United States.

On June 12, 1987, President Reagan, while at the Brandenburg Gate, made a speech in which he included a special message for Soviet leader Mikhail Gorbachev:

“We hear from Moscow about a new policy of reform and openness. Some political prisoners were released. Certain foreign news broadcasts are no longer jammed. Some economic enterprises were allowed to operate with greater freedom from government control.

Is this the beginning of profound changes in the Soviet state? Or are these symbolic gestures meant to raise false hopes in the West and strengthen the Soviet system without changing it? We welcome perestroika and glasnost because we believe that freedom and security go together, that the progress of human freedom can only bring world peace. There is one move the Soviets can make that would be unmistakable, that would become a symbol of freedom and peace.

General Secretary Gorbachev, if you are looking for peace, if you are looking for prosperity for the Soviet Union and Eastern Europe, if you are looking for liberalization - come here! Mister Gorbachev, open these gates! Mr. Gorbachev, destroy this wall!”

These words were capable of softening not only the hearts of the Kremlin tyrants, but also the stones of the Berlin Wall, which, after Mr. Reagan’s speech, was ready to cry with emotion, impatiently waiting for it to finally be torn down.

Ronald Reagan did not remain in the presidency until the historic changes in Eastern Europe. Therefore, his name opens, but does not exhaust, the short list of the most important reunifiers of the German people.

The Last of the Mohicans

German thinkers Marx and Engels promised humanity a scientifically based socialist future. Fearing such a prospect, another famous German, Chancellor Bismarck, warned his fellow tribesmen: “It is possible to build socialism, but for this you need to choose a country that you don’t feel sorry for.”

The chancellor's visionary rightness is proven by the disastrous results of the socialist experiment carried out in his East German homeland after World War II. This experiment (in contrast to the classical experience of building socialism in the USSR) was carried out in fairly favorable conditions: under the reliable protection of the Soviet army, in a society with a high educational level, with an exceptionally developed technological and managerial culture. The conditions of the experiment were not burdened by negative circumstances of a subjective nature (such as the cult of some odious personality): in all of post-war Germany there would not have been more worthy people than those who were entrusted with leading the German Democratic Republic, created in 1949. These were veterans of the anti-fascist resistance, principled fighters for the people's cause with vast political and organizational experience.

The last of this galaxy, Erich Honecker (a former underground worker and concentration camp prisoner), who headed the Socialist Unity Party of Germany that ruled the GDR since 1970, completed the construction of an exemplary socialist state and until its very end remained faithful to communist principles - even when Soviet principles began to move away from such principles comrades led by General Secretary Gorbachev.

In 1989, taking advantage of the first perestroika easing in neighboring socialist countries, hundreds of thousands of East Germans fled to the West, through Czechoslovakia and Hungary, voting with their feet against their socialist fatherland. As if not noticing this, Honecker celebrated the 40th anniversary of the existence of the GDR with a speech made in the most optimistic tones and not promising his subjects any changes or concessions: “The German Democratic Republic is approaching the threshold of the third millennium with the firm conviction that the future belongs to socialism... Always forward and only forward..."

This speech became the spark that ignited the flame of popular protest that burst into the streets of Berlin in those days.

Thus, it was Comrade Honecker who became the real initiator of the revolutionary process, the result of which was the abolition of the GDR and its annexation to the Federal Republic of Germany.

Glory to you, Gorby!

Demonstrators protesting on the streets of Berlin in October 1989 against Honecker's policies chanted: “Gorby! Gorbi!”, thus expressing his admiration for the perestroika undertakings of the Soviet leader. Mikhail Gorbachev, who was then more popular in the GDR than the leaders of the republic, had an excellent opportunity to declare his support for democratic changes in the fraternal country, with a fundamental recognition of the right of the Germans to restore their state unity.

Having done this, the last General Secretary of the CPSU could control the subsequent process of German reunification and demand appropriate concessions from the West Germans and their allies interested in such a unification.

At a minimum, Gorbachev could achieve a legally formalized commitment not to expand the NATO bloc to the east.

However, the father of perestroika, as usual, did not dare to do anything serious. He contributed to the removal of Erich Honecker from power, hoping that the new leadership of the GDR would rectify the situation and direct the process in the right direction.

A little later, he allowed the residents of Berlin to destroy the wall dividing their city, after which the dynamic destruction of the entire socialist camp began. For this, Gorbachev receives special honor and praise from his contemporaries and descendants.

By destroying socialism, he sincerely believed that he was rebuilding it on the principles of democracy, openness, etc. The rebuilt GDR should have remained in the updated social system. Therefore, Gorbachev reacted with indignation to the project for the phased unification of Germany proposed by German Chancellor Helmut Kohl.

On December 5, 1989, at a meeting with German Foreign Minister Genscher, the Soviet leader decisively stated: “These ultimatum demands are put forward in relation to an independent and sovereign German state... Although we are talking about the GDR, what the Chancellor said concerns us all... The Chancellor’s statement is political miss.

We cannot ignore it. We do not intend to play diplomacy. If you want to cooperate with us, we are ready. If not, we will draw political conclusions. I ask you to take what has been said seriously.”

Speaking in such a tone, Gorbachev could have lost his moral right to be among the benefactors of the German people. But, fortunately for himself, he again did not dare to take any decisive action. And what he said to Genscher soon lost its relevance.

Bismarck phenomenon number two

The mentioned initiative of the West German chancellor made him the center of sympathy of the East German people, who energetically joined in the work of dismantling their state.

The SED self-destructed in an organized manner at the next party congress. The democratic opposition won the parliamentary elections, which were held completely democratically. The government formed as a result of these elections was no longer oriented towards Moscow, but towards Bonn.

Imitating Bismarck, Kohl meticulously calculated the corridor of his capabilities and moved ahead along it, not paying attention to all kinds of diplomatic nuances. In Gorbachev’s words, “the process has begun,” and now the Soviet leaders had to look for a place in this process so that their interests would be at least somehow taken into account.

Moscow began to put forward various ideas, which were politely rejected by Bonn and Washington. The only result of the diplomatic efforts of Gorbachev and USSR Foreign Minister Shevardnadze was the creation of a negotiating “six” according to the “two plus four” formula (two German states plus the great powers - the USSR, USA, Great Britain, France) to resolve problematic issues of German reunification.

The emergence of such a forum did not prevent Kohl from holding German-German negotiations at an accelerated pace, which ended on May 18 in Bonn with the signing of an agreement on the creation of an economic, social and monetary union between the Federal Republic of Germany and the GDR.

The Helsinki Conference, organized at the initiative of the USSR, became the most significant triumph of Soviet foreign policy in the entire post-war period. However, this triumph turned out to be for the Soviet Union and the entire socialist system something similar to a glass of an invigorating intoxicating drink offered to a hopelessly ill person.

At the same time, Kohl generously gifted the East Germans, exchanging their inferior socialist banknotes for freely convertible German marks at the rate of 1:1. The people of the GDR rejoiced, anticipating the ecstasy of a complete state merger with their West German compatriots.

Having made a number of concessions at the “six” negotiations, which were not always justified, Shevardnadze tried to achieve at least something in response and presented on June 22 a Soviet draft for resolving the German problem. The project provided for NATO countries to undertake an obligation not to expand their alliance during the unification of Germany, as well as strict restrictions on the German armed forces (200-250 thousand people).

The firm intonations that finally sounded in the voice of the Soviet minister were reminiscent of the almost half-million-strong group of Soviet troops stationed on the territory of the GDR. The West Germans and their allies were not frightened by this reminder. According to the recollections of Genscher's aide Elbe, "while Shevardnadze was presenting his awkward project at the conference table, Jim Baker (US Secretary of State) passed a note to his West German counterpart: “What does this mean?” Genscher wrote back: “Show off.”

The possibility of any use of Soviet troops stationed in Germany to put pressure on Western negotiating partners was completely blocked at that time - not by fear of NATO retaliation and not by Helmut Kohl’s Deutsche Marks, but by changes in the balance of power in the political arena of the USSR.

Russian souvenirs for Germany

In the summer of 1990, not only East Germany, but also Russia, was leaving Gorbachev’s rule.

In March 1990, Boris Yeltsin settled into the chair of the Chairman of the Supreme Council of the RSFSR; a powerful center of political influence formed next to the Kremlin, capable of competing with Gorbachev’s allied center of power.

Gorbachev and Shevardnadze understood perfectly well what kind of democratic sabbath would rise on the streets of Moscow if the Soviet troops in Germany were given the order to do something.

After all, the Declaration of State Sovereignty of the RSFSR had already been adopted, according to which the republican authorities arrogated to themselves the right to interfere in any actions of the Union leadership, protecting the rights of Russian citizens, and the majority of them were military personnel of the Western Group of Soviet Forces.

Defending against the formidable undertakings of the leadership of the RSFSR, Gorbachev’s team felt an urgent need for political and financial support from the outside, as a result of which the policy of the Soviet leadership (and not only on the German issue) became dependent on the former enemies of the USSR.

The unification of Germany took place according to the accelerated scenario of Helmut Kohl, by including the territory of the abolished GDR into the Federal Republic of Germany. The united German state remained a member of NATO (which was primarily sought by the United States).

The only concession Kohl made to Gorbachev was a promise not to station American troops where Soviet troops were leaving. However, this concession was fully consistent with Germany’s own long-term interests.

Yeltsin, who became an informal situational ally of Kohl in his game against Gorbachev, then had to independently deal with the consequences of diplomatic defeats of the USSR, from which the Russian Federation inherited onerous obligations for the accelerated withdrawal of troops from German territory, and even debts on loans received from Germany and wasted by the latter Union Soviet government.

Not only geniuses, but a variety of people are promoted by historical fate to the first roles in the political bustle of this world. Some of them go directly and clearly towards their goals, others travel along winding paths, often doing the opposite of what they originally intended.

All of them, however, have places on the tablets of history, each according to his deeds.