Convention regulating certain issues relating to Berlin

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The Agreement on the Settlement of Certain Issues relating to Berlin of September 25, 1990, or Berlin Agreement for short , was concluded between the then Federal Republic of Germany and the three Western Allies USA , Great Britain and France in connection with the Two-Plus-Four Treaty . It came into force provisionally on October 3, 1990 (due to the suspension of the Allied reservation rights , whereby the regaining of state unity coincided with the regaining of state sovereignty on the same day ) and finally came into effect on September 13, 1994. At the time the Berlin Convention came into force, the two-plus-four treaty was therefore not yet legally binding.

At the time of the division of Germany, Berlin was not officially part of the Federal Republic - even if the Federal Republic was of the opinion that at least West Berlin ( called " Greater Berlin " in the old version of the Basic Law ) had always been a federal state that, with exceptions, from the German side has been treated in this way (see Berlin question ) - nor the GDR (although the Soviet Union tolerated that East Berlin served as the capital of the GDR), but as a four-sector city was subject to a special international legal status under the control of the Allied headquarters .

Since, as a result of German reunification and the two-plus-four treaty, Germany as a whole - and thus Berlin too - became sovereign again, Berlin's special status had to end. However, the convention stipulated that matters relating to the Western Allies' troops stationed in Berlin and which occurred before October 3, 1990 were subject to German jurisdiction only to a limited extent , and that Germany was also subject to claims for compensation for acts or omissions that the Western Allies carried out before Have committed reunification.

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Individual evidence

  1. See Regulation on the Convention on the Settlement of Certain Questions in relation to Berlin of September 25, 1990 (September 28, 1990) and also Article 10 of the Convention, Federal Law Gazette II (1990), pp. 1273, 1276
  2. See declaration of suspension of the Four Powers of October 1, 1990 (Federal Law Gazette II, p. 1331 f.)
  3. See Federal Law Gazette II (1994), p. 3703
  4. See e.g. B. BVerfG, 2 BvF 4/05 of January 15, 2008, paragraph no. 1-76 (24, 51)