The German Emergency Acts (') were passed on 30 May 1968 at the time of the '' First Grand Coalition'' between the Social Democratic Party of Germany and the Christian Democratic Union of Germany. It was the 17th constitutional amendment to the Basic Law, adding emergency clauses to ensure the federal government's ability to act in crises such as natural disasters, uprisings or war. The inclusion of emergency laws in the German Basic Law was one condition imposed by the Allies before they would transfer full

sovereignty Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the perso ...

to the

Federal Republic of Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated between ...

after the

Second World War World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposi ...

. This was in order to ensure the safety of their troops still stationed in Germany. On 27 May 1968 the Allied Control Council declared that they would give up their right of control (''Vorbehaltsrecht'') if the Emergency Acts were passed. On 30 May, when the law was voted on, the FDP was the only party to stand firm against their introduction. Of the Grand Coalition, 54 members also voted against them. The laws came into effect on 28 June 1968, marking the end of the special powers the Allied forces had been given over Germany in the Statute of Occupation of 21 September 1949. The passing of the Emergency Acts was preceded by fierce domestic political debates, which contributed to the establishment of the "

Außerparlamentarische Opposition The Außerparlamentarische Opposition (German for '' extra-parliamentary opposition'', commonly known as the APO), was a political protest movement in West Germany during the latter half of the 1960s and early 1970s, forming a central part of the ...

". The critics of the Emergency Acts referred to the catastrophic effects of the emergency decrees of the

Weimar Republic The Weimar Republic (german: link=no, Weimarer Republik ), officially named the German Reich, was the government of Germany from 1918 to 1933, during which it was a constitutional federal republic for the first time in history; hence it is ...

( Article 48 of the Weimar Constitution), which gave the President of the Reich extensive powers in the event of an unspecified emergency.

The Emergency Acts regulate the state of emergency, the

state of defence The state of defence (, ) is the constitutional state of emergency in Germany if the country is "under attack by armed force or imminently threatened with such an attack". Established by a constitutional amendment in 1968 during the Cold War, this ...

, the state of tension and disaster events. A state of emergency can come into effect when an external threat impedes a normal democratic decision-making process. The Joint Committee then assumes essential parliamentary functions. The emergency clauses include regulations in the Basic Law regarding: * Article 10 (Restriction of the

fundamental rights Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Susta ...

of the secrecy of letters, post and telecommunications)
Article 11
(Restriction of the fundamental right to freedom of movement)
Article 12a
( Conscription,

alternative service Alternative civilian service, also called alternative services, civilian service, non-military service, and substitute service, is a form of national service performed in lieu of military conscription for various reasons, such as conscientious ...

, compulsory service for defense purposes, including the protection of the civilian population in a

)
Article 20 paragraph 4
(

Right of resistance The right to resist is a nearly universally acknowledged human right, although its scope and content are controversial. The right to resist, depending on how it is defined, can take the form of civil disobedience or armed resistance against a tyra ...

)
Article 53a
(Emergency legislation by the Joint Committee)
Article 115
(

State of defence The state of defence (, ) is the constitutional state of emergency in Germany if the country is "under attack by armed force or imminently threatened with such an attack". Established by a constitutional amendment in 1968 during the Cold War, this ...

)
Article 81
( Legislative emergency)

References

External links

{{Commons category
The German Basic Law

Außerparlamentarische Opposition German constitutional law Emergency laws in Germany 1968 in West Germany 1968 in law

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See also

References

External links