Nichtexistens of Germany - Komplot or sad reality?
In the context of a debate that secretly in various forums on the Internet the survival of the "German Reich" as it states is conducted through our editorial office, run searches for a possible documentary on. We are pushed to the members of the public apparently controversial subject not least because of the broadcast on RTL (star tv), at the time chaired by Günter Jauch. Several requests to the Ministry of the Interior and the Ministry of Justice could, in our view, because we are amateurs in the field of constitutional law yes, but not sufficient response to the werden.Auch statements within the RTL show with Günther Jauch we were not sufficiently informative, so that We are now looking for multiple own research with insufficient result for ways to really get serious information. Before the editors decide to take up this issue during a mission, we want to ask include Professor Kirchhof, as an expert of constitutional law whether he would be willing to meet with us for a briefing on the subject. To the topic and facilitate understanding, here are her defense on the facts that we have encountered in our research. ~
Declaration on non-existence of the FRG:
On May 23, 1949 the Basic Law of the FRG by publication in the Federal Law Gazette I, p. 1ff enacted. West Germany itself was not founded until Sep 07, 1949th This comment is in the basic law of Dr. jur. Friedrich Giese (published by COMMENTATOR GmbH Frankfurt am Main, 1949):
· p. 5 "This means the constitution and founded the state law takes precedence over all other laws ...".
· p. 6 "So there is not strictly a Federal Republic (Germany), but a West German Federal Republic in Germany."
· p. 3 But the "Council" designation of Parliamentary Council was accurate. It lacked the competence decided, was not entitled to give to the federal Constitution in force, nor the power to make the connect to this fundamental law written into the state of life.
· p.4 The "Basic Law for the Federal Republic of Germany "is under Article 145 to the end of the day of delivery, so be on May 23, 1949 entered into force by 24 Clock. This requires clarification of constitutional law. The question of whether the entry into force of a constitution before the Inslebentreten of the state is impossible to deny. Positive law of a State may perhaps survive this State, and not precede its development. From Zollrat Karl Wicke in 1954 appeared in the civic education for public and constitutional law on the question and answer library Volume II (Hermes Publisher) written as follows:
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p. 9 "What is a State "
" The state is the legal union of man (a citizen) within a certain area (country) under the highest authority (government authority) in a solid legal system (constitution) ".
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p. 9 points 4 "What do you mean by the state people?"
"a citizen is the community of people that have the same nationality (the citizen). "
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p. 12 pts 22 "What is the territory?"
"In the territory defined as the area that is the space on which the citizen lives permanently, and within which the government activity unfolds. Within the national territory is the rule of God (territorial jurisdiction) of the State. "
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p. 14 pts 33" What do you mean by state power? "
" State power is to the State's inherent ability to rule the nation and the territory to exercise. "The knowledge that Mr. Zollrat Karl Wicke 1954 passed has to sign the customs officers are alleged in the undergrowth of the fundamental right of all life and the German State in particular.
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conclusion from the previously vorgetragenem:
first It is clear that the constitution one of the Western Allies clearly dependent occupation status (approval letter from the Allied point 9) is (see also: -. Frankfurt Documents Jun 01, 1948 - letter approving the Basic Law of the Allied High Commission for Germany on May 12, 1949) The establishment of the FRG could not statehood be, but at the foundation of a crew of legal means to self-management of the three zones occupied by the Western Allies as per Art.43 Hague Regulations of 1907 RGBl. v. 1910 p. 147 The foundations of a state-building were also not before the following reasons: In the orientation of the sentence BVGU 2BvF1/73 clearly states that the German Reich exist legally. There can be no two states to one state, due, therefore, as explained in the above ruling, the German Reich, priority .* The BRD was never a citizen. The nationality is still that of the German Reich. (See Reich and Staatsangehörigkeitsgeset z of 22 July 1913 issued on July 31, 1913 last edited on Aug 21, 2002, T. 2002 BGBl I, p. 3322) .* A State has the power BRD never owned. The lack of state authority of the Federal Republic of Germany is above under the Basic Law has already been made clear and is still in effect, occupation status confirmed by the 10th April 1949 by the three Western Allied powers. It states clearly and unequivocally in Article IV: ~
"The German Federal Government and the Government the countries will be empowered to arrange for proper notification of the occupation authorities to set aside on these authorities areas legislation and to take action, except that the occupation authorities may order something else special. "In Article V, it is" Any amendment to the Constitution requires before entry into force of the express authorization of the occupation authorities. "
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This should prove that the FRG was not a state from the beginning, but an occupation law means to self-government of an occupied territory. This means self-government now has on Jun 17, 1990 get the Article 23 of the Basic Law was deleted and thus perished with effect from 18 June 1990 unable to act, because if there is no scope for a fundamental law, it can (GG) are nowhere. Now, however, are important international legal protocols for 30 years under lock and you could not prove this fact. It is a reference to the ruling of the Social Court in Berlin on the negation of action (case no Kr433/93 S 72) from May 19 1992nd In this was found "that can not be to join something that was already resolved on 17 June 1990." Alternatively, in order to prove otherwise, that the FRG has never been a legal possibility was spreading to medium-German territory, is appropriate here, the Unification Treaty of 31 August 1990 ordering the removal of Article 23 of the Basic Law in Article 2. By the entry into force of the Unification Treaty by the publication of the Law on the Unification Treaty in BGBl II 1990 S.885 on Sep 23, 1990 (as of Aug 31, 1990 between the FRG and the GDR on the production of the unit or with the notice of 16 October 1990 Gazette II on Sep 29, 1990), the GDR was on Oct 03, 1990 impossible to accede on the basis of the repealed Constitution Article 23. So have since Jun 18, 1990 at the latest since September 29, 1990 BRD no more scope and would therefore no basis for its continued existence and certainly not the possibility to extend it to the East German territory (the former East German / Russian occupation zone).
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in case 2BvF 1 / 73 grounds under B. III. Section 1
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"With the establishment of the Federal Republic is not a new West German state was founded, but a part of Germany was reorganized."
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"The FRG is not legal successor of the German Reich."
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"They (the FRG) is limited constitutionally its sovereignty to the scope of the Basic Law."
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"Currently, the Federal Republic from the Article 23 of the Basic Law mentioned countries. is" In the Unification Treaty, as listed above in Article 2 states that Article 23 of the Basic Law is repealed.
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This is done with effect from September 23, 1990, see Gazette 1990 Part II p. 885 ff and ff This page could also join the alternative Seen in the GDR no longer on Oct 03, 1990 the Basic Law, because this at least since the Sep 29, 1990 no longer existed. It is however maintained that Article 23 of the Basic Law since the 18th of June 1990 - 0.00 clock was no longer available, see above sentence Az S 71 Kr 433/93. The Treaty on Final Settlement with Respect to Germany from September 12, 1990 (Federal Law Gazette 1990 Part II p. 1318 ff, Issue 13 October 1990) it is in Article 1, Section 1
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"A united Germany, the areas of Federal Republic of Germany, the German Democratic Republic and include the whole of Berlin. "This agreement is still not ratified because only a united Germany would have this can be made. Germany is not the West or East Germany. Germany is according to military law 52 of the Allied Control Council (formerly SHAEF Act No. 52) Article 7, paragraph e) "Germany" means the territory of the German Empire as it existed on December 31, 1937th ~
In agreement to settle certain questions relating to Berlin from September 25, 1990, Federal Law Gazette II 1990 P. 1274 ff, issued on 02 October 1990, stated:
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Foreword Section 6 2
- Considering that it is necessary for this to settle in specific areas relevant regulations, which the German sovereignty in relation to Berlin not touch. Article 2 All the rights and obligations that have been through legislative, judicial or administrative action by the Allied authorities based in or with reference to London or on the basis of such measures or found to remain in all respects in accordance with German law in force, regardless whether they were justified in accordance with other legislation or established. These rights and obligations without discrimination on the same subject to future legislative, judicial and administrative measures as similar grounds under German law or established rights and obligations.
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Article 4:
All judgments and decisions undVerantwortlichkeiten one by the Allied authorities, or by one of them used the courts or judicial body prior failure to work for the rights of the Four Powers or with respect have been adopted in Berlin, remain be governed by German law in force and valid and are treated by the German courts and authorities such as judgments and decisions by German courts and authorities.
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It can not be said clearly, that Germany is not sovereign. Germany can not be sovereign because the German Reich but as shown above, has a nation and a territory, but the state power in the absence of a peace agreement is still under occupation by violence. Since there since November 2003, a National Legislative Assembly in the German Reich on the basis of the Constitution the Weimar Republic from August 11, 1919 and is since May 23, 2004, a parliament in Saxony on the basis of the state constitution from Nov 01, 1920, the German Reich is legally able to act again.
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