Monday, April 2, 2012


Federal Republic of Germany or German Reich – which one it is?

Usually, contemporary people know Germany as a key member of the European Union having the full legal name Federal Republic of Germany. However, many legal anomalies have surfaced that will be shed light upon by this article.

One of the lesser known fact is for example that Germany still does not have a peace treaty with the former allies of World War II. Instead, since 1990, there exists a memorandum of understanding, (the 2+4 agreement) and the Federal Republic of Germany (FRG) has pledged in writing to the former war allies of WW II not to seek one.
Moreover, discriminatory articles 57 and 103 of the UN Charter are still fully in force against Germany and Japan and, again, a memorandum of understanding states that the articles should not be "considered" anymore. But only a complete abolition of both articles would put UNO "Paymasters No 2 and No 3" (Japan and Germany) in an equal position with the other 191member countries. One must know that UNO was originally founded as organization of the countries that we at war with Germany and Japan in 1945.

Within the FRG prerogative, legislation emanating from SHAEF as of 1945 (Supreme Headquarter of the Allied Expeditionary Forces) has been incorporated into German law; the so called Military Laws. The best example (among many others) for this is Military Law No. 67 under which the fiscal policies of the FRG are governed 64 years after WW II!
In order to understand the FRG one must first understand the legal nature of the German Reich. When we speak about the German Reich (Reich_= realm or empire) here, one must understand that we speak about the Weimar Republic, that was the successor as of 1919 of the first German the state with the name German Reich which was founded in 1871. Most people would certainly believe that the German Reich perished after WW II. This is, however, not true as it had been artificially kept alive legally by the allies of WW II who only had the Regular German Army (Wehrmacht) unconditionally surrender on the 8th of May 1945. It is noteworthy that the English officially kept alive the Government of the German Reich in the city of Flensburg, Northern Germany till 23rd of May 1945.

Afterwards, they imprisoned this government. On the same day four years later, the allies created the Western Separate Vassal Protectorate "Federal Republic of Germany", decreeing that the Germans had to convene in a "parliamentary council" under SHAEF Control and to "deliberate" a constitution which had to be endorsed by the SHAEF. The founding fathers of the Federal Republic of Germany were, however, educated enough to know that they had no right to produce a constitution and so a provisional "basic law" was presented which was supposed to be supplanted by a real constitution after Germany could decide her own fate in freedom again according to Article 146 Basic Law of the FRG.

Because of the long legal existence of the FRG not many people would believe that the German Reich legally still exists. But the Federal Constitutional Court of the Federal Republic of Germany has another view, which it expressed in its 1973 rulings 2BvL6/56, 2Bvf1/73 and 2BvR373/83. There the Constitutional Court of the FRG states legally binding to date that the German Reich is still in existence within its borders as defined on the 12th December 1937.

The formula " as defined on the 12th of December 1937 stems from the Allies as they also wanted to illegalize German land gains made before the war.

Excerpt from sentence 2Bvf1/73: " ... it is held on to it (see BVerfG, 1956-08-17, 1 BvB 2/51, BVerfGE 5, 85) that the German Reich endured the break down in 1945 and neither perished with the capitulation nor with execution of foreign state rule through the Allies in Germany; it is still endowed with a judicial body but not able to act as a state due to the lack of organization. Therefore, "with implementations of the FRG there was no founding of a new West German state but only a re-organization of a part of Germany" as Constitutional Law Legal Expert and Member of the FRG Parliamentary Council Prof. Dr. Carlo Schmid expressed it in 1949.

And so the FRG does not have a Constitution (Verfassung) but a so-called Basic Law (Grundgesetz).
The German people are forced to endure continuous moral economic and military black mailing; how else could one explain that German soldiers are now for years under US command in Afghanistan in order to guard US interests there, despite the fact that the broad majority of citizens wish their soldiers were not there.
Another indicator that something must be very wrong in Germany is that a German cannot be citizen of the FRG. In documents proving citizenship, FRG officials write "German" or has German Citizenship as citizenship, they do not write "Citizen of the Federal Republic of Germany". This is all due to the aforementioned artificial legal existence of the German Realm, though without organization because the German Citizenship law/Staatsangehörigkeitsgesetz has been renamed just in 2000. Before, this the law, as introduced in 1913 by William II, then Emperor of Germany, was called Reichs und Staatsangehörigkeitsgesetz (German Citizenship and Citizenship of the Reich law).

The old legal question is: what for and who profits from this?

The answers are easily found in history. When the World War II allies were on the losing side, they tried to illegalize Hitler's land gains by outlawing all annexations world-wide in a treaty called the Atlantic charter on 24 September 1941. They even paid lip service to the Atlantic Charter during Londoner Protocol of 12. September 1944. However, when finally winning the war in 1945, Comrade Stalin of the Soviet Union though being cosigner of said charter demanded his pound of flesh and kept half of Poland (East Poland) and half of Germany's East Prussia Province in Russian possession. In keeping with their own legal framework of the Atlantic charter, the Allies then simply put the eastern third of the German Reich under "Polish Administration" in order not to call it annexation in 1945. Nonetheless they had a thorough ethnical cleansing going on in the next 18 months to come. Afterwards, the empty land was resettled with Polish people who in turn were evicted by the Soviet Russians in East Poland. In the aftermath two puppet states were erected on the rest of the German territory, the FRG in the West and the German Democratic Republic (GDR) in the East. Both were not declared successors of the German Reich in order to circumvent the legalization of the de fact annexation of the German East into Poland and Russia. Therefore, the surviving FRG never created her own citizenship but had to uphold the citizenship of the German Reich instead. For that reason people living in the GDR could flee the country and always get immediately FRG passports.

Passport of the German Reich during the Hitler Regime, indicating the German Citizenship as "German Realm/Deutsches Reich)

FRG Authorities confirmed in writing that they always kept the one German citizenship as means "not to lose the last binding bracket" with the Germans in the Russian dominated GDR. After the dissolution of the bankrupt GDR into FRG in 1990, the aforementioned 2+4 Memorandum of Understanding has been made, again, in order to avoid the question of legalization of the de facto annexation of German territory into Poland and Russia. Due to this, the German Reich still remains in a legal wake coma and underlies contemporary FRG Germany like the old-fashioned DOS system still underlies the modern Operating System Windows.

Dr George Reiff 
Dr George Reiff is Professor for History at St. Clements University. He holds a PhD in History from Universidad Empresarial de Costa Rica. As a former Ambassador of the Parlement Mondial, George has travelled widely to promote peace and understanding. He now serves as a Representative of the Bunyoro Kingdom, a constitutionally empowered Kingdom in Uganda and also as Chapter Commander for Thailand of the Order of the Knights of Rizal of the Philippines. George actively supports the Campaign for a United Nations Parliamentary Assembly. 





BVerfGE 2, 266 (277, Zit. Abs. 30

BVerfGE 3, 288 (319 f., Zit. Abs. 92

BVerfGE 6, 309 (336 ff., Zit. Abs. 160, Abs. 166)

BVerfGE 36, 1 (15 ff.)

BVerfGE 77, 137 (150 ff.)


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