Federal immediate area

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A federal territory (or, depending on the political system often Federal Territories , Federal District or similar) is an area in a state that at no of, member states heard but the direct federal subordinate. Federal territories, which include the federal capital and possibly the surrounding area, are referred to as capital districts .

The opposite term is that of the federal-free area , i.e. an area that belongs to the individual state (a state as a whole or a federation of states ), but not to the federal government itself.

States with federal territories

Situation in Germany

In Germany today there are no longer any federally direct areas. The national territory of the Federal Republic of Germany ( federal territory ) results from the totality of the national territories of its countries . Unlike in other (above) federal states, there is no part of the federal territory in Germany that is not also the territory of a country.

As part of the so-called Federalism Reform I , it was discussed to make Berlin as the capital of the federal government or part of it an area directly at the federal level. Last but not least, these plans were rejected by the State of Berlin itself for constitutional reasons, because the Basic Law does not allow territories directly at the federal level. Instead, a capital city clause was included in the Basic Law , according to which the representation of the entire state in the capital is the responsibility of the federal government.

It is true that the federal waterways according to Article 89, Paragraph 1 of the Basic Law are related to the law on the State Treaty on the transition of waterways from the states to the Reich of 1921 as well as the related federal regulations that are privately owned by the Federal Republic of Germany; In addition, in accordance with Article 89 (2) of the Basic Law, the federal government is responsible for the administration of the federal waterways. The federal waterways, in particular the water areas of the North Sea and Baltic Sea within German territory , the 12-mile zone , nevertheless belong under constitutional law to the territory of the states that exercise sovereign rights there in addition to the federal government within the scope of their legislative and administrative competencies . A federally direct area does not exist in the territorial sea either.

In Germany's exclusive economic zone ( 200-mile zone ) at sea, only the federal government performs sovereign tasks, not the federal states. However, since the Exclusive Economic Zone no longer belongs to the territory of the Federal Republic of Germany, it is also not a federal territory.

Situation in Austria

During the Austro-Fascist dictatorship of the corporate state (1934–1938), the federal capital Vienna was declared a "federal city" and its democratic city administration was relieved of office. However, it retained its dual status as a state and municipality.

Individual evidence

  1. ↑ Decision of the 1st Chamber of the Second Senate of the Federal Constitutional Court of October 18, 1994 - 2 BvR 611/91 -, LKV 1995, pp. 187, 190.
  2. ^ Senate report on federal state commission - Explanation of the capital initiative of the governing mayor
  3. ↑ BVerfG , judgment of the Second Senate of October 30, 1962 - 2 BvF 2/60, 1, 2, 3/61 -, BVerfGE 15, pp. 1, 12 .