WEST BERLIN'S LEGAL TIES WITH BONN

Created: 1/21/1960

OCR scan of the original document, errors are possible

CURRENT INTELLIGENCE WEEKLY SUMMARY0

BERLIN'S LEGAL TIES WITH BONN

limited by certainreserved to the three Western Allies, whose forces officially occupy the city.

LEGAL STATUS

I. Protocol an tho Zonal of Oeeupattcn llyof the Wilted Stout, Erttatn, art th*ataolfohed the etatas of Oreater Berlinttparau art jpwfoj occupied area under three-pover[Mum me addtdearth pouer tneptmlng authority (ixtnartatura) tooltv'e adntntetratten, fflie unilateral dloteton ofeg the Soviet mthertttee8 auapended theadntnte trot ten, leaving Veet Berlin underodnlnlotrollen bat did not Chaw

to. (CenetXtutlen) of the IneJuded "Craater Berlin"

/tflitaryttor of IS ibw JOdO otfpulatod that Dirltn should net be governed by tho Federal Republic art oould ben tho federal parltanent onlyon-ootlng baste.

rrtnetplta Coventry!eolared Berlin should not be trailedatote In tha tnttlal oroanlmattonho federal Republic.

S. Bsj^lnesn^tutip^JiKo} included Berlintate of theu&llo, contmr* to th. JMO Stotoaont ef Principles, art stattd that the Vest Oerean constitution and lau* oro Btndfno on Berlin. (The Western military comvutont.theeeon* a/ tha ierila Constitution andthe recatre^ent that any federal lau to have effect tn Vest Berlin oust ftret be adopted eeparately by the Berlin paritonent.)

ff. n on flojattons Petveen tho Thro* payers art

lh*> Western Allies racoon (sod tho oiooo relationship betveen Jest Berlin art 'Jist Oeneany by etatlng their Intention to consult vith the /edsml BspubHo In regard to the exercise of Allied right* crt responsibilities In Berlin.

7. Coloration on Berltn fS /flu }SSS1 superseded9 Statement af Principles art Is th* baste docunontAlltii^irnan relatione In Berlin. It providedarge noaoure of eelf-gavomment for ueet Btrltn art for extensive oeenonte and peJltteaj tnloorof Ion utth Vest Oervany 'uMi* reserving etrtalu My areas of responsibility lo Allied Btrltn'* status In International Jew at an occuplod area-mm not ohangrt.

UNCLASSIFttfS

9 West Berlin has gradually become extensively integrated with West Germany in matters of economy, law, administration, and politics.Khrushchev Justl fied his8 ultimatum onby claiming that Allied violations had voidedgreements forGermany andthe Soviet leader later admitted the legitimacy of the Allied presence in the city but argued that the passage of time had rendered the occupation status of Berlin "abnormal" and therefore in heed of change. In recent months,R has stepped up its efforts to refute any West German claim to legal ties or responsibility in West Berlin.

West Berlin's relationship with the Federal Republic now is governed by the Western5 Declaration on This document providesarge measure ofby'the Ber-llners and extensive economic andintegration with West Germany, but reserves certain key

Approved lor Release Date.

ITI

AND PERSPECTIVES

11

CURRENT INTELLIGENCE WEEKLY SDUUARY0

of responsibility tocontrol. Tho declaration did not change Berlin's status In International law as anarea. Neither thodivision of Greaterby the Communists8 nor the establishment of Host Gorman sovereigntyhis status.

To avoid any actionbe interpretod byas nullifying theresponsibility foragreed onandconsistentlyGreater Berlin hasa state of the The Westthe other hand, haveBerlin legally oneonlyspecial Alliedin Berlin. common German-Alliedln avoiding anyitself to doviethas,thus far,this divergence ofhaving mbch

During tho past decade, the Allies hove activelythe development of extensive political andrelations between West Berlin and the Federal Republic. The most significant move ln this regard was the approval1 by the Allied authoritiesystem ln which Berlin may use "cover laws" to enactlaws and regulations,by stating that theof the federal law are also valid ln Berlin rather than having the Berlinre-enact the entire law.

Allied Responsibilities

Although all Berlin including thatin the West Gorman is still formally re-viewod by the Western Alliedyatem of prior Informal consultations haseliminated the necessity for tho Allies to amend orsuch laws. Under this system, any federal billa Berlin clauso which might Impinge on Allied rights or fields of special Interest ls discussed by Allied, Berlin, and West German authorities when it is Introduced into the Bundestag. This system has alsolose and cordial relationship between the Alllos and the Germans and hasthe chances for serious challenges to Allied authority in the city.

The degree of supervision exercised by the Allies has gradually been relaxed to the point where Berlin, with Allied consent, now may even amend occupation legislation. 5 Declaration on Berlinthat the Allies would normally exercise powers only in such mattersisarmamentelations withabroad, ayment of occupation costs,uthority over police to the extent nocossary to ensure security.

esult of continuing Allied responsibility forsecurity, West Gorman defense legislation does not apply to Berlin, Berllners cannot be drafted into the West German armed forces, and West German Array units are notln Berlin. Generally, however, Berlin is notfrom participating in the fields reserved to the Allies as long as its actions do not conflict with existing Allied low. For example,the limitation of5 declaration, the Federal Republic is allowed to represont Berlin abroad, and West Berlin ls included in West Germanwhich are made applicable by the same procedure used to effect federal German law ln tho city.

SE

III

AND PKRSPKCTTVFS

Berlin Role ln Bonn Government

Despite legal restrictions Insisted on by the Allies,takes an active andpart ln the federal government. The votes ofrepresentatives in both houses of the West Germanare not allowed tothe passage or rejection of bills. Berlin delegates, however, participate in debates, introduce bills, and have full voting rights In committees. Berliners, moreover, hold high positions in the federaland legislature: West Berlin Mayor Willy Brandt has served as president of the Bundesrat; Heinrich Krone of Berlin ls majority leader of the Bundestag; and another Berliner, Ernst Lemmer, holds the important position offor all-German affairs in the federal cabinet.

To stress Berlin's ties with the Federal Republic as well as to foster the Idea that the city is Germany's national capital, the Bundestag and Bundesrat have regularly held annual meetings in Berlin, and two of the three meetings cf the federal convention which elects the West German president have been held in Berlin. These meetings haveunderEast German attach as parteneral Soviet and East German propaganda campaign against West Berlin's close ties with West Germany.

The federal government has alsopecialprogram in Berlin foroffices, includingof the Reichstag building, burnederlin residence for the federal president was recently completed.

Federal Agencies ln Berlin

Tho development of close administrative, Judicial, and

fiscal relationships between Berlin and West Germany necessarily has led to federal activity ln the city. The federalis represented by acommissioner for Berlin, Heinrich Vockel, who has underepresentative of each of the federal ministriesthat of defense. Allied statements have made it clear, however, that federal agencies wield no executive powers over Berlin agencies, and ln case of conflict with Allied policy, the authority of the Allied Kommandatura prevails.

West Berlin's deficit requires extensive federal aid, and except for tokoncontributions, thegovernment makes good the city's annual budget deficit of West Germany also assists Berlin through tax preferences and preferential shipping rates and by promoting theof Industrial orders ln Berlin. This obvious "life or death" dependence on West German economic, financial, and moral support explains the overriding opposition of Berlin's leaders to any effort to interfere with the city's ties with the Federal republic.

In view of their direct concern for the city'sviability, West Berlin leaders are exceptionallyin their Insistence that these ties be carefullyand fostered. Adenauer, who, as a negotiator formust consider intra-Alliod tactics, in public statements has tended to avoid mention of Berlin's political and economic ties with Bonn, stressing Instead the need for preserving the existing legal basis for Allied preaonco in ^Berlin.

PART ITT

oattrpws awn

.

Original document.

Comment about this article or add new information about this topic:

CAPTCHA