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It was with effect from 12.09.1944 bythe main victor power, the United States of America, confisticated (see SHAEF Law No.52, article 1, ( Supreme Headquarters Allied Expeditionary Forces) Reserved rights of the allies are to this day in full force. The Allies have this in the "Convention for the regulation of certain matters relating to Berlin" from 25.09.1990 (BGBl 1990, Part I, page 1274), reaffirmed, after the so-called "Unification" of 08/31/1990. This has also directly valid for the whole country, as the international law principle applies: "What is in the conquered empire capital, is also captured in the Empire!"
The following passages from the "Convention for the regulation of certain matters relating to Berlin show" retaining the right of occupation of the Allies:
'Considering that it is necessary for this purpose in specific areas relevant regulations to agree, do not touch what the German sovereignty in relation to Berlin ... "(Preamble, Section 6)
"All the rights and obligations, through judicial or administrative action by the allied authorities in or relating to Berlin, or because such measures founded or established in were legislative, they shall and will remain in all respects in accordance with German law in force, regardless of whether they compliance with regulatory or other reasons have been identified are in.
These rights and obligations are subject without discrimination to the same future legislative, judicial and administrative measures as similar to German law established by or established rights and obligations. "(Article 2)
All judgments and decisions of one by the Allied authorities, or by a same set court or judicial body before becoming ineffective, the rights and responsibilities of the Four Powers in Berlin, or relating to have been adopted in all respects remain in force and valid under german law and by the german courts and authorities, such as judgements and decisions by german courts treated (Article 4)
Because of the "enemy state" clause of the United Nations (Articles 53 and 107 of the UN Charter) is germany with a total of 47 states under international law is still at war.
This condition can be lifted by a peace treaty only.
In SHAEF, Law No. 3 (published by the Military Government for Germany - Area of Control of the Supreme Commander, confirmed and issued on 15.11.1944), the following States recognize the United States war victor power and therefor as commander of the World War and thus the ongoing war state (Germany has up to now only a cease-fire):
Australia, Ethiopia, Belgium, Bolivia, Brazil, Canada, Chile, China, Costa Rica, Cuba, Czechoslovakia, Denmark, Dominican Republic, Ecuador, Egypt, France, Germany, Greece, Guatemala, Haiti, Honduras, Iceland, India, Iran, Iraq, Colombia, Liberia, Luxembourg, Mexico, Netherlands, New Zealand, Nicaragua, Norway, Panama, Peru, Philippines, Poland, Salvador, Saudi Arabia, South African Union, Turkey, USSR, USA, Uruguay, Venezuela, Yugoslavia, or their successors
The "Federal Republic of Germany (FRG) was never a sovereign state, but placed just like the" German Democratic Republic (GDR), represented a temporary administrative unit in occupied Germany . The means of occupatin law "Federal Republic of Germany" existed on the basis of it constituting " Basic Law "from 05/23/1949 to 07/17/1990.
Berlin has never been and still is no country in the "Federal Republic of Germany." This has been the Allies in approval letter from the Military Governors to the Basic Law of 12.05.1945 (Abs.4 enshrined).
This fact also bears the letter of confirmation to the „Constitution of the Allies Commandant of Berlin“ (BKO (50) 75 of 29.08.1950 (VOBl. I S.440) in connection with BKO (51) 56, Paragraph 2 from 08/10/1951) account, which the Allies two paragraphs of the Constitution of Berlin abrogated:
-paragraph 2 abrogated, that Berlin was a country of the Federal Republic of Germany and
- paragraph 3 abrogated, that explained, the basic law and all other laws of the "Federal Republic of Germany" were bound for Berlin.
In the "Convention on the regulation of certain matters relating to Berlin "from 25.09.1990 (BGBl 1990, Part II, p. 1274), these facts where once again confirmed.
So were and are citizens of Berlin (East and West) not citizens of the "Federal Republic of Germany." Visible signs of extra-territoriality of Berlin to the FRG is negative reciprocal jurisdiction of Berlin and west german authorities, the neutrality of the members of the german parliament(Bundestag) and the freedom of the citizens of Berlin from military service or alternative civil service.
Under current international law ("Hague Regulations" of 1907, Article 43, [RGBl.1910]) is a "fundamental law" is a "temporary arrangement to maintain peace and order in a militarily occupied area for a certain time."
The temporary nature of the "Basic Law of the FRG is" in Article 146 expressed in the so-called "Unification" was also received: "This constitution will lose its validity on the day on which the Constitution enters into force one, by the German people decision had been decided in is free. "
In Article 25 of the Basic Law commits the Federal Republic of Germany to recognize the general rules of international law. They are thus part of federal law, go against other laws and create rights and duties for the inhabitants of the federal territory. As an international treaty therefore is the 'Hague Regulations, "the" Basic Law for the Federal Republic of Germany "superior, because according to the" Hague Regulations "should a country 60 years to be filled. For this reason, even the U.S. with sales of real estate ownership to retroactively check in 60 years.
Now it is for the United States two options:
1) It comes to a peaceful change of government responsibility in Germany and the United States is thus placed in the position, former enemies, namely the "German Reich", a peace treaty with the close, or
2) The U.S. remains to back up your claims, unfortunately, nothing left but in a new war against germany must occupy this again, with all the distress, misery, suffering, hunger, etc., then the above 60 years would again start from the front.
On 17/07/1990, the Allies possessed during the Paris conference not only the abolition of the "basic law of the " DDR ", but the deletion of the preamble and Article 23 of the „basic law“ of the „Federal Republic of Germany."
The territorial scope got the "Basic Law for the Federal Republic of Germany" as a whole with effect from 07/18/1990 to be valid (Federal Law Gazette 1990, Part II, page 885.890 of 23.09.1990).
Since the Federal Republic constitutionally established (explicitly by order of the Federal Constitutional Court) sovereignty "on the scope of the Basic Law", referred to the Basic Law also means of occupation law, FRG was dissolved.
Since that date - 18/07/1990 - exists the provisional name "Federal Republic of Germany", the years for a part of the German people as trustee for Western Allies had to manage the needs 41 no more.
All of the government and the authorities of the defunct "Federal Republic of Germany" made since its expiry transactions and administrative acts are illegal and void thereafter.
All passports issued since then, identity cards, driving licenses, vehicle registration and vehicle plates, and since then all the laws, regulations, administrative provisions and all since then on the basis of the Basic Law is no longer legally conducted the election of the "Federal Republic of Germany" are null and void.
Since the "federal government" is not governing on the basis of a free choice by the people adopted Constitution, it justified under international law, the state form of dictatorship.
The Constitution of the State "Deutsches Reich" is since 07/18/1990 the only basis of the german people.
The Weimar constitution "of international law is repealed or effective 8/11/1919 has never been replaced.
Therefore, after the dissolution of the „basic law“ the only valid basis of constitutional right in germany could this one be.
It is the only constitution in the german people's elections was accepted free.
Originally posted by JimIrie
Germany is an illusion! And here are the core facts!
While there was a not wanted ...distraction in the first thread and i agree that i haven´t presented the OP as i should have...
1.Germany is since the end of the Second World War, not a sovereign state, but military occupied territory of the Allied forces.
2. Germany has failed to present legally valid treaty of peace with the enemies of World War closed - either with the four Allied occupying powers, nor with any other state.
3.The "Federal Republic of Germany (FRG) was at no time in title of the" German Emire", but only a means of occupatin law "for self-government of a part of Germany“ for a certain time.
4.Berlin has since the end of the war, an occupation and constitutionally "special status" and was never a part of the FRG.
5. The people of FRG never elected a constitution in free will, but has instead a provisory basic law.
6. With the deletion of Article 23 is on 17/07/1990 not only the „basic law“ but the "Federal Republic of Germany" provisional state structure itself void as.
7. With the lapse of the Basic Law the "Weimar Constitution“ of 1919 should be reinstated.
The German Reich was and furthermore is without interruption an international personality, but has - as a national entity - legal capacity only, if an institutional organization is available and existing. This has been decided by the Federal Constitutional Court as well as by other German courts with verdicts 2 Bvl. 6/56, 2 BvF 1/73, 2 BvR 373/83; BVGE 2,266 (277); 3288 ( 319 I); 5.85 (126); 6, 309, 336 and 363. In the meantime, these verdicts have never been revised and did not become obsolete due to the political changes throughout Europe. The occupational provisional entity “Federal Republic of Germany” is and was never identical with the German Reich and therefore could not become it’s legal successor.