Accession area
As Lander the parts of Germany referred that after the unification treaty by joining the Democratic German Republic to the Federal Republic of Germany in accordance with Article 23 of the Basic Law , effective on 3 October 1990 countries or parts of the country the Federal Republic have become. As a result, federal law was transferred to this .
Since the legal alignment often only takes place after long transition periods, the term accession area is used to designate the area in which, as an exception, different federal regulations still apply.
The concept of the accession area is not simply to be equated with that of the new federal states . In addition to some minor deviations , these terms differ in relation to Berlin, where the former East Berlin is included in the accession area, but the State of Berlin ( as a whole ) is not counted among the new states.
Geographical scope
The area includes the accession in Article 3 called the Unification Treaty , in which the effective date of accession or later the force as federal law in the Federal Republic law came into force. In addition to the five states of Mecklenburg-Western Pomerania , Brandenburg , Saxony-Anhalt , Saxony and Thuringia, it also extends to the former East Berlin and West Staaken - this regardless of its re-established membership of the former West Berlin district of Spandau - i.e. the part of the State of Berlin, in which the Basic Law did not apply until October 2, 1990.
The reclassifications that only took place after accession did not change the size of the accession area. Therefore, the area belongs to the east of the Elbe , which by the Neuhaus and other areas of Lower Saxony state treaty between the states of Mecklenburg-Western Pomerania and Lower Saxony over the reclassification of the municipalities in the former office of 9 March 1993 with effect of 30 June 1993 the Niedersachsen affiliated continued to do so. This concerns the area of the former communities Dellien , Haar , Kaarßen , Neuhaus / Elbe , Stapel , Sückau, Sumte and Tripkau , which formed the Mecklenburg office of Neuhaus since March 31, 1992 , as well as the districts of Neu-Bleckede , Neu -Wendischthun and Stiepelse of the municipality of Teldau and small parts of the former municipality of Garlitz around the historic Hanoverian area in the Bohldamm forest district. On June 30, 1993, the districts of Neu-Bleckede and Neu-Wendischthun were reclassified into the municipality of Bleckede. Stiepelse came to Sumte. The parts of the municipality of Garlitz came to the municipality of Sückau, which was incorporated into the municipality of Neuhaus / Elbe together with Dellien. The communities of Haar, Kaarßen, Neuhaus / Elbe, Stapel, Sumte and Tripkau made up the municipality of Amt Neuhaus. This was dissolved on October 1, 1993 and replaced by the unified municipality of the same name .
Legal situation in Berlin
Equating the candidate area with the so-called new federal states is inaccurate, since the status of Berlin (East) as part of the DDR (→ Berlin question ) was controversial and the Constitution of the Federal Republic of Germany only through the unification treaty (EV) in the whole country Berlin in full validity was set: "With the accession and the elimination of the four-power responsibilities , the eastern part of Berlin is growing to the state of Berlin (West), so that there is only one city-state of Berlin as a federal state (...)."
Conversely, the Basic Law was in effect in West Berlin with certain restrictions that were removed in the course of reunification and the achievement of full sovereignty . In fact, Berlin (West) always belonged to the Federal Republic of Germany; therefore, according to the provisions of the Unification Treaty, it does not belong to the accession area (Art. 3).
See also
Individual evidence
- ↑ Art. 1 of the Unification Treaty of August 31, 1990 .
- ↑ Art. 3 , 8 EV.
- ↑ For example: Book Six of the Social Code - Statutory Pension Insurance - in the version published on February 19, 2002 ( Federal Law Gazette I p. 754, 1404, 3384).
- ↑ Section 18 (3) SGB IV.
- ↑ See Art. 9 Para. 1 EV.
- ↑ Art. 8 EV, Art. 143 para. 1 and 2 GG; see. GG Annex EV ( Memento from April 5, 2014 in the Internet Archive )
- ↑ Anne Kaminsky (ed.): Places of Remembrance: Memorial signs, memorials and museums on the dictatorship in the Soviet occupation zone and GDR. 2., revised. u. exp. Ed., Ch. Links, Berlin 2007, ISBN 978-3-86153-443-3 , p. 124 .
- ↑ GrÄndStVtr MV / ND , entered into force on June 30, 1993, GrÄndStVtrMV / NDBek .
- ↑ See Hans Schneider , Legislation. Ein Lehr- und Handbuch , 3rd, revised. u. exp. Ed., CF Müller, Heidelberg 2002, ISBN 3-8114-0853-4 , § 16 marginal number 615 .
- ↑ Quoted from Alfred Katz, Staatsrecht: Grundkurs im Public Law , 18th ed., CF Müller, Heidelberg [u. a.] 2010, ISBN 978-3-8114-9778-8 , § 6 marginal number 129m ( limited preview in the Google book search; with evidence).