Emergency Admission Act
| Basic data | |
|---|---|
| Title: | Law on the emergency admission of Germans to the federal territory |
| Short title: | Emergency Admission Act |
| Abbreviation: | NAG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | |
| Issued on: | 22nd August 1950 |
| Entry into force on: | |
| Expiry: | June 30, 1990 |
| Please note the note on the applicable legal version. | |
The law on the emergency admission of Germans into the federal territory (short: Notaufnahmegesetz or NAG ) regulated the admission of refugees from the GDR and East Berlin .
The law was promulgated on August 22, 1950. For West Berlin , the "Berlin Law on the Recognition of Political Refugees" came into force on September 30, the content of which was based on the Federal Emergency Admission Act. The law restricted the free movement of refugees. In order to obtain a permanent residence permit for the federal territory or West Berlin, they had to undergo a recognition procedure (in official jargon: emergency admission procedure ) in an "emergency reception center" . They were assigned a place of residence after recognition. Moving to the assigned place of residence was a prerequisite for the permanent residence permit.
With these regulations, the burden of the influx of refugees should be evenly distributed among the federal states.
In June 1951 the German Bundestag decided to include West Berlin in the Emergency Admissions Act. On February 4, 1952, this regulation came into force for West Berlin.
With the start of monetary union , the Emergency Admissions Act expired on June 30, 1990.
Reception center
Camps intended for emergency admission were initially set up in Gießen and Uelzen (Bohldamm). The Marienfelde emergency reception center followed later.
The emergency room procedure
The emergency procedure was from 1950 to 1990, the process for legal and social integration of refugees from the GDR in the Federal Republic.
In the emergency admission procedure, the reasons for moving to the Federal Republic were checked on the basis of the Federal Emergency Admission Act. After hearing the resettlers, an admissions committee decided whether the reasons for granting permission to stay in the Federal Republic existed (threat to life and limb, personal freedom or other compelling reasons).
If the permit was refused, the emigrants could nonetheless stay in the Federal Republic, but received no further help.
The procedure also served to distribute the emigrants evenly across the entire Federal Republic. By 1950, most of the emigrants had settled in Lower Saxony and Hesse and the French occupied zone had not accepted anyone. The recognized emigrants were provided with material and financial aid (refugee aid, burden compensation for property left behind), their pension entitlements clarified, training certificates checked and then distributed to the federal states. Emigrants recognized as political refugees ( refugee ID C ) could receive further support.
The basis was the regulation of citizenship in Article 116 of the Basic Law , according to which all Germans are to be treated as citizens of the Federal Republic. Article 11 (2) of the Basic Law (freedom of movement) for emigrants was restricted by the emergency admission procedure. In its judgment on May 7, 1953, the Federal Constitutional Court confirmed the NAG's compatibility with the Basic Law. The emergency admission procedure was carried out for those who had fled via Berlin in the Marienfelde emergency reception center , and in West Germany in the Gießen and Uelzen-Bohldamm camps, among others .
In the emergency admission procedure, the applicants were also checked by the Allied secret services in the so-called inspection center .
Resettlers were later included in the emergency admission procedure. On July 1, 1990, the emergency admission procedure for GDR migrants was abolished.
literature
- Elke Kimmel: The emergency room procedure, in: Germany Archive , year 2005, No. 6, pp. 1023-1032.
- Bettina Effner, Helge Heidemeyer (ed.): Escape in divided Germany. Marienfelde emergency reception center memorial , Berlin: bebra Verl. 2005, ISBN 3898090655 .
- Helge Heidemeyer : Flight and Immigration from the Soviet Zone / GDR 1945/1949 - 1961. The refugee policy of the Federal Republic of Germany up to the construction of the Berlin Wall , Düsseldorf: Droste 1994, ISBN 3770051769 .
- Charlotte Oesterreich: The situation in the refugee facilities for GDR immigrants in the 1950s and 1960s. "The ones from the Mau Mau settlement". Publishing house Dr. Kovač , Hamburg 2008, ISBN 978-3-8300-3498-8 .
Web links
Individual evidence
- ↑ BVerfG, decision of May 7, 1953, Az. 1 BvL 104/52, BVerfGE 2, 266 - emergency room.