The Federal Republic of Germany: Successor State or Continuing State?

The Federal Republic of Germany (FRG) established in 1949 is often classified as a continuing state rather than a successor state, rooted in historical and legal continuity. This classification is based on various factors, including legal continuity, reunification, and international recognition. Understanding the distinction and the reasons behind this classification provides valuable insights into the complex history and legal status of the FRG.

Legal Continuity

The FRG views itself as a continuation of the pre-World War II German state, particularly in terms of legal and constitutional frameworks. The Basic Law (Grundgesetz) of 1949 serves as the constitutional document that established the FRG as a temporary measure, pending the reunification of Germany. This continuity is evident in the Basic Law, which retained significant elements of the pre-World War II legal system and constitutional structures. As a result, the FRG has been able to maintain the historical and legal traditions of Germany, contributing to its status as a continuing state.

Reunification

The reunification of Germany in 1990 further solidifies the FRG's status as a continuing state. The German Democratic Republic (GDR) ceased to exist, and its territory joined the FRG. Importantly, the FRG did not completely re-establish a new state but rather absorbed the GDR, maintaining its identity and sovereignty. This process of absorption without a complete re-establishment of a new state is a clear indication of the FRG's continuity.

International Recognition

Since its establishment, the FRG has been recognized as the legitimate state representing Germany in international law. Following reunification, it continued to represent Germany in international organizations and treaties. This international recognition underscores the FRG's status as a continuing state with uninterrupted sovereignty and authority.

The Dual Nature of the FRG

The FRG indeed encompasses both the characteristics of a successor state and a continuing state. It acts as a successor state to the pre-1945 German Empire, maintaining the legacy and legal continuity of that period. Meanwhile, it is also the continuing German state after the reunification of the GDR and FRG in 1990. This dual nature is rooted in the historical and legal traditions of Germany, and it has played a pivotal role in shaping the modern state of Germany.

Legal Continuity and the End of the German Empire

The notion that the German Empire ceased to exist in 1945 is more complex than it initially appears. According to most people, the German Empire ended with the arrest of Admiral D?nitz on May 23, 1945. However, this view overlooks important legal and historical nuances. The arrest of D?nitz was legal due to the surrender of Germany's armed forces, but it did not address the absence of a legitimate German government. Swiss authorities, among others, argue that the German Empire effectively ended on April 30, 1945, when Hitler shot himself, killing both the president and the chancellor. They claim that Admiral D?nitz, designated by Hitler, was an illegal usurper, as per the Weimar Constitution, and not a legitimate successor. The highest-ranking member of the German government, could not govern due to the unconstitutional political testament.

Therefore, the legal continuity of the FRG as a successor state of the pre-1945 German Empire is not decisively broken. The legal and constitutional structures established by the Basic Law of 1949 reflect the continuity of German legal tradition, ensuring that the FRG maintains its historical and legal status as a successor state.

Conclusion

While the FRG has undergone significant changes, particularly with reunification, it remains a continuing state rooted in the historical and legal traditions of Germany. This classification is supported by legal continuity, reunification, and international recognition. The dual nature of the FRG, as both a successor state to the pre-1945 German Empire and a continuing state after reunification, highlights the complex and nuanced nature of its legal and historical identity.