THE PRINCIPLE OF OPEN STATEHOOD IN THE BASIC LAW OF THE FRG (Zasada otwartej panstwowosci w Ustawie Zasadniczej RFN)

• Authors: Wojtyczek Krzysztof
• Languages of publication: PL

Abstracts

EN

The principle of open statehood is one of the main principles of German Basic Law. According to this principle, the German state is ready to accept and realize international norms and standards, and is open to various forms of international cooperation and integration. Open statehood of the FRG means, in particular, renunciation of the claim to have exclusive state powers in the state territory and allowing foreign public authority acts to interfere with the domestic public order. Of key importance for the principle of open statehood was Article 24 of the Basic Law which provided for three forms of international cooperation, at the same time authorizing to make use of them, including: transfer of sovereign powers, participation in collective security systems and international arbitration. For many years the provisions of Article 24 provided the legal basis for transfer of sovereign powers by the FRG to the European Communities. Since 1992 , the constitutional basis of European integration is provided by the European clause contained in Article 23 of the Basic Law. A considerable body of jurisprudence has been developed by the Federal Constitutional Court in respect of Articles 23 and 24 of the Basic Law, by which it has determined the content and limits of open statehood. Open statehood has a dynamic nature. Transfer of sovereign powers by the state to supra-national organizations causes various constitutional problems. In order to resolve them, it is required that additional provisions are made in the Basic Law. The Basic Law seems to operate as a legal framework and an instrument for transformation of the statehood and political system. It is a 'live' legislation, as its meaning is not determined once and for all, but undergoes changes during this transformation. At the same time, the organic law-giver implicitly assumes modifications of the text of this act to achieve supreme constitutional goals and values. The FRG's example may encourage other countries to consider their constitutional identity.

Keywords

EN

BASIC LAW (GERMAN); COLLECTIVE SECURITY SYSTEM; EUROPEAN UNITY; INTERNATIONAL ARBITRATION; TRANSFER OF SOVEREIGN POWER

Discipline

• LAW_&_ADMINISTRATION: LAW & ADMINISTRATION

• Publisher: Kancelaria Sejmu / Chancellery of the Sejm
• Journal: Przegląd Sejmowy
• Year: 2009
• Issue: 6(95)
• Document type: ARTICLE

Contributors

author

Wojtyczek Krzysztof

• Krzysztof Wojtyczek, Uniwersytet Jagiellonski, Wydzial Prawa i Administracji, ul. Bracka 12, 31-005 Kraków, Poland

Identifiers

CEJSH db identifier

10PLAAAA07349