A state legal concept of Germany in the context of European integrational processes

The policy in a post-war period in the FRG was considerably determined by the Federal Chancellor Conrad Adenauer whose political motto was clearly expressed in his memoirs: "I am German, but I am a European at the same time, I have always been a European and felt myself like a European". He set himself a significant task of including Germany into the system of western democratic states. Western integration which meant the need to recognize the democratization of social structure of Germany constituted a primary task for Adenauer. It was the solidarity of Germans with European society that enabled them to build a free democratic state and earn trust. Thus, the FRG worked toward the unification of Germany. The FRG was empowered to take part in the establishment of European communities according to Item1, Article 24 of the Basic law which stated that "The Federation can delegate its sovereign powers to interstate institutions by law". Such statement sanctioned the delegation of state power including a legislative one to interstate organizations within the framework of the Basic law of FRG. The above Article recognized the operation of legal rules of the Community as well as the rules of national law and order. Being one of the elements of all-European processes, the unification of Germany did not contradict the law of the Community. What was a legal basis for the inclusion of five East German lands into the sphere of European Union law? The "unification of Germany" in the European context means the territorial expansion of European Communities (Article 227 of the Treaty) since the territory of a European Union member state- FRG -has changed. Thus, in the course of German reunification the territory of former German Democratic Republic (GDR) was automatically incorporated into the European Union communities. No additional documents on the application of the EU agreements were required. In December 1992 the Basic law of FRG 1949 was substantially amended and supplemented in the part that regulates the relations between Germany and the EU. The changes resulted in the inclusion of a new Article 23 into the Basic law of the FRG. Article 23 deals with the participation of Germany in the unification of the EU and states that "The FRG takes part in the development of the EU" which pledged to guarantee the observance of democratic, state legal, social and federative principles and the protection of fundamental rights. In pursuing these aims Germany can delegate its sovereign rights to the EU by way of ordaining a federal law approved by the Bundesrat (Item1, Article 23 of the Basic law).

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