German Emergency Acts
Encyclopedia
The German Emergency Acts () were passed on 30 May 1968 at the time of the First Grand Coalition
between the Social Democratic Party of Germany
and the Christian Democratic Union of Germany. The Emergency Acts faced opposition from outside the German parliament
. It was the 17th constitutional amendment
to the Grundgesetz
, adding emergency clauses to ensure the federal government
's ability to act in crises such as natural disasters, uprisings or war.
before they would transfer full sovereignty
to the Federal Republic of Germany after the Second World War. This was in order to ensure the safety of their troops still stationed in Germany.
Because of the negative experience of the Weimar Constitution, Article 48
, the Basic Law did not at first include any legislation about crises such as attacks or putsch attempts. In 1955, defence against an attack was made possible by changes to the constitution regarding defence.
The first plans for emergency legislation were put forward by the Ministry of the Interior in 1958; more followed in 1960 and 1963. These drafts included an extension of the power of the executive branch. However, they did not gain the majority of votes required for them to be accepted. Later, the Grand Coalition had the necessary two-thirds majority and considered the emergency laws absolutely necessary. The major aim was to prevent any misuse of the laws as had occurred during the Weimar Republic
.
During the time leading up to the passing of the laws, there was fierce opposition to them, above all by the Free Democratic Party
, the German student movement
, a group calling itself Notstand der Demokratie (Democracy in Crisis) and the labour union
s.
On 27 May 1968 the Allied Control Council
declared that they would give up their right of control (Vorbehaltsrecht) if the Emergency Acts were passed. On 30 May, when the law was voted on, the FDP
was the only party to stand firm against their introduction. Of the Grand Coalition, 54 members also voted against them. The laws came into effect on 28 June 1968, marking the end of the special powers the Allied forces had been given over Germany in the Statute of Occupation of 21 September 1949.
, a state of tension, or an internal state of emergency
or disaster comes about. In such cases, basic constitutional rights may be limited.
(parliament) can not convene, its functions and those of the Bundesrat
(federal council) are taken over by a Joint Committee. Two thirds of this Joint Committee are members of the Bundestag and the other third are members of the Bundesrat. The Joint Committee is not allowed to change the Basic Law.
may also be limited under certain conditions. Occupational freedom (the right to pursue a career of one's choice) may also be altered.
, the Bundespolizei
and the Bundeswehr
may also be called in as well as the police
. When catastophes take place which concern more than one German state
, the German government
may also give instructions to the states.
Grand coalition
A grand coalition is an arrangement in a multi-party parliamentary system in which the two largest political parties of opposing political ideologies unite in a coalition government...
between the Social Democratic Party of Germany
Social Democratic Party of Germany
The Social Democratic Party of Germany is a social-democratic political party in Germany...
and the Christian Democratic Union of Germany. The Emergency Acts faced opposition from outside the German parliament
Bundestag
The Bundestag is a federal legislative body in Germany. In practice Germany is governed by a bicameral legislature, of which the Bundestag serves as the lower house and the Bundesrat the upper house. The Bundestag is established by the German Basic Law of 1949, as the successor to the earlier...
. It was the 17th constitutional amendment
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
to the Grundgesetz
Basic Law for the Federal Republic of Germany
The Basic Law for the Federal Republic of Germany is the constitution of Germany. It was formally approved on 8 May 1949, and, with the signature of the Allies of World War II on 12 May, came into effect on 23 May, as the constitution of those states of West Germany that were initially included...
, adding emergency clauses to ensure the federal government
Politics of Germany
The Federal Republic of Germany is a federal parliamentary republic, based on representative democracy. The Chancellor is the head of government, while the President of Germany is the head of state, which is a ceremonial role but with substantial reserve powers.Executive power is vested in the...
's ability to act in crises such as natural disasters, uprisings or war.
Development
The inclusion of emergency laws in the German Basic Law was one condition imposed by the AlliesAllies
In everyday English usage, allies are people, groups, or nations that have joined together in an association for mutual benefit or to achieve some common purpose, whether or not explicit agreement has been worked out between them...
before they would transfer full sovereignty
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
to the Federal Republic of Germany after the Second World War. This was in order to ensure the safety of their troops still stationed in Germany.
Because of the negative experience of the Weimar Constitution, Article 48
Article 48 (Weimar Constitution)
Article 48 of the constitution of the Weimar Republic of Germany allowed the President, under certain circumstances, to take emergency measures without the prior consent of the Reichstag...
, the Basic Law did not at first include any legislation about crises such as attacks or putsch attempts. In 1955, defence against an attack was made possible by changes to the constitution regarding defence.
The first plans for emergency legislation were put forward by the Ministry of the Interior in 1958; more followed in 1960 and 1963. These drafts included an extension of the power of the executive branch. However, they did not gain the majority of votes required for them to be accepted. Later, the Grand Coalition had the necessary two-thirds majority and considered the emergency laws absolutely necessary. The major aim was to prevent any misuse of the laws as had occurred during the Weimar Republic
Weimar Republic
The Weimar Republic is the name given by historians to the parliamentary republic established in 1919 in Germany to replace the imperial form of government...
.
During the time leading up to the passing of the laws, there was fierce opposition to them, above all by the Free Democratic Party
Free Democratic Party (Germany)
The Free Democratic Party , abbreviated to FDP, is a centre-right classical liberal political party in Germany. It is led by Philipp Rösler and currently serves as the junior coalition partner to the Union in the German federal government...
, the German student movement
German student movement
The German student movement was a protest movement that took place during the late 1960s in West Germany. It was largely a reaction against the perceived authoritarianism and hypocrisy of the German government and other Western governments, and the poor living conditions of students...
, a group calling itself Notstand der Demokratie (Democracy in Crisis) and the labour union
Trade unions in Germany
Trade unions have a long history in Germany, reaching back to the German revolution in 1848, and still play an important role in German economy and society...
s.
On 27 May 1968 the Allied Control Council
Allied Control Council
The Allied Control Council or Allied Control Authority, known in the German language as the Alliierter Kontrollrat and also referred to as the Four Powers , was a military occupation governing body of the Allied Occupation Zones in Germany after the end of World War II in Europe...
declared that they would give up their right of control (Vorbehaltsrecht) if the Emergency Acts were passed. On 30 May, when the law was voted on, the FDP
Free Democratic Party (Germany)
The Free Democratic Party , abbreviated to FDP, is a centre-right classical liberal political party in Germany. It is led by Philipp Rösler and currently serves as the junior coalition partner to the Union in the German federal government...
was the only party to stand firm against their introduction. Of the Grand Coalition, 54 members also voted against them. The laws came into effect on 28 June 1968, marking the end of the special powers the Allied forces had been given over Germany in the Statute of Occupation of 21 September 1949.
Right to resist
To appease critics, a fourth paragraph was introduced in Article 20 of the Grundgesetz, giving the people of Germany the right, if no other remedy was possible, to resist anyone trying to go against the constitutional laws.States of defence, states of tension, internal states of emergency, disasters
The law contains legislation on what happens in case of a state of defenceState of Defence (Germany)
The term State of Defence refers to the legal status of the Federal Republic of Germany if it is "under attack by armed force or imminently threatened with such an attack". This special status, which was created by a constitutional amendment in 1968, gives the Federal Government extraordinary...
, a state of tension, or an internal state of emergency
State of emergency
A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
or disaster comes about. In such cases, basic constitutional rights may be limited.
Emergency legislation
If, in a state of defence, the BundestagBundestag
The Bundestag is a federal legislative body in Germany. In practice Germany is governed by a bicameral legislature, of which the Bundestag serves as the lower house and the Bundesrat the upper house. The Bundestag is established by the German Basic Law of 1949, as the successor to the earlier...
(parliament) can not convene, its functions and those of the Bundesrat
Bundesrat of Germany
The German Bundesrat is a legislative body that represents the sixteen Länder of Germany at the federal level...
(federal council) are taken over by a Joint Committee. Two thirds of this Joint Committee are members of the Bundestag and the other third are members of the Bundesrat. The Joint Committee is not allowed to change the Basic Law.
Limitations of basic constitutional rights
According to Article 10 of the Grundgesetz, limitations may be placed on privacy of correspondence, confidentiality of telecommunication and of postal communication, in order to protect the free and democratic constitutional order. Freedom of movementFreedom of movement
Freedom of movement, mobility rights or the right to travel is a human right concept that the constitutions of numerous states respect...
may also be limited under certain conditions. Occupational freedom (the right to pursue a career of one's choice) may also be altered.
Natural disasters
According to Article 35, during a natural disasterNatural disaster
A natural disaster is the effect of a natural hazard . It leads to financial, environmental or human losses...
, the Bundespolizei
Bundespolizei
Bundespolizei is German for Federal Police and may refer to:*Federal Police *Federal Police...
and the Bundeswehr
Bundeswehr
The Bundeswehr consists of the unified armed forces of Germany and their civil administration and procurement authorities...
may also be called in as well as the police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
. When catastophes take place which concern more than one German state
States of Germany
Germany is made up of sixteen which are partly sovereign constituent states of the Federal Republic of Germany. Land literally translates as "country", and constitutionally speaking, they are constituent countries...
, the German government
Cabinet of Germany
The Cabinet of Germany is the chief executive body of the Federal Republic of Germany. It consists of the Chancellor and the cabinet ministers. The fundamentals of the cabinet's organization are set down in articles 62 to 69 of the Basic Law.-Nomination:...
may also give instructions to the states.
See also
- German student movementGerman student movementThe German student movement was a protest movement that took place during the late 1960s in West Germany. It was largely a reaction against the perceived authoritarianism and hypocrisy of the German government and other Western governments, and the poor living conditions of students...
- History of GermanyHistory of GermanyThe concept of Germany as a distinct region in central Europe can be traced to Roman commander Julius Caesar, who referred to the unconquered area east of the Rhine as Germania, thus distinguishing it from Gaul , which he had conquered. The victory of the Germanic tribes in the Battle of the...
- Politics of GermanyPolitics of GermanyThe Federal Republic of Germany is a federal parliamentary republic, based on representative democracy. The Chancellor is the head of government, while the President of Germany is the head of state, which is a ceremonial role but with substantial reserve powers.Executive power is vested in the...
- Freedom (political)Freedom (political)Political freedom is a central philosophy in Western history and political thought, and one of the most important features of democratic societies...
- European Convention on Human RightsEuropean Convention on Human RightsThe Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...