The Reunification of Germany: Legal Grounds and Obstacles

Abstract

This article discusses  the process of reunification of Germany  with the emphasis  on the changes in national law that took place to ensure  the functionality of a state. In particular, it covers the creation of the Unification Treaty, and addresses  the challenges  that appeared  before Germany  and the European Communities due to unprecedented  changes on the political map of the region. The aim of this paper is to trace the development of the legal grounds for the functioning of the reunited German state and identify how the European political community managed to tackle a unique enlargement of the Communities. The research question of this article is the following: how did the German Democratic Republic and the Federal Republic of Germany resolve a legal collision between their national laws to ensure the functioning of the united German state? The findings of the article indicate that the consistent policy of the Federal Republic of Germany towards the German Democratic Republic, together with the solid international support and provisional assistance of the Four Powers allowed the reunification of Germany to happen. The reunification itself is claimed to be the key for further resolving of a long-lasting territorial dispute between Germany and Poland, which helped to ensure the reliability of Berlin as a strategic political partner. This article also considers the efforts of certain German politicians from both sides, as well as the representatives of the European Communities, made to ensure a smooth and speedy transition of both parts to a successful German state.