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$Unique_ID{bob00193}
$Pretitle{}
$Title{Unified Germany
Chapter 1. Basic Principles}
$Subtitle{}
$Author{Press and Information Office}
$Affiliation{German Embassy, Washington DC}
$Subject{treaty
article
contracting
annex
republic
social
union
democratic
german
parties}
$Date{1990}
$Log{}
Title: Unified Germany
Book: The Unity of Germany and Peace in Europe
Author: Press and Information Office
Affiliation: German Embassy, Washington DC
Date: 1990
Chapter 1. Basic Principles
ARTICLE 1__________
Subject of the Treaty
(1) The Contracting Parties shall establish a monetary, economic and
social union.
(2) Starting on 1 July 1990 the Contracting Parties shall constitute a
monetary union comprising a unified currency area and with the Deutsche Mark
as the common currency. The Deutsche Bundesbank shall be the central bank in
this currency area. The liabilities and claims expressed in Mark of the
German Democratic Republic shall be converted into Deutsche Mark in accordance
with this Treaty.
(3) The basis of the economic union shall be the social market economy
as the common economic system of the two Contracting Parties. It shall be
determined particularly by private ownership, competition, free pricing and,
as a basic principle, complete freedom of movement of labour, capital, goods
and services; this shall not preclude the legal admission of special forms of
ownership providing for the participation of public authorities or other legal
entities in trade and commerce as long as private legal entities are not
subject to discrimination. It shall take into account the requirements of
environmental protection.
(4) The social union together with the monetary and economic union shall
form one entity. It shall be characterized in particular by a system of labour
law that corresponds to the social market economy and a comprehensive system
of social security based on merit and social justice.
ARTICLE 2__________
Principles
(1) The Contracting Parties are committed to a free, democratic, federal
and social basic order governed by the rule of law. To ensure the rights laid
down in or following from this Treaty, they shall especially guarantee freedom
of contract, freedom to exercise a trade, freedom of establishment and
occupation, and freedom of movement of Germans in the entire currency area,
freedom to form associations to safeguard and enhance working and economic
conditions and, in accordance with Annex IX, ownership of land and means of
production by private investors.
(2) Contrary provisions of the Constitution of the German Democratic
Republic relating to its former socialist social and political system shall no
longer be applied.
ARTICLE 3__________
Legal Basis
The establishment of a monetary union and the currency conversion shall
be governed by the agreed provisions listed in Annex I. Pending the
establishment of monetary union, the legislation of the Federal Republic of
Germany concerning currency, credit, money and coinage as well as economic
and social union referred to in Annex II shall be implemented in the German
Democratic Republic; thereafter, it shall apply, as amended, in the entire
currency area according to Annex II, unless this Treaty provides otherwise.
The Deutsche Bundesbank, the Federal Banking Supervisory Office and the
Federal Insurance Supervisory Office shall exercise the authority accorded to
them under this Treaty and said legislation in the entire area of application
of this Treaty.
ARTICLE 4__________
Legal Adjustments
(1) Legal adjustments in the German Democratic Republic necessitated by
the establishment of the monetary, economic and social union shall be governed
by the principles laid down in Article 2 (1) and the guidelines agreed in the
Protocol; legislation remaining in force shall be interpreted and applied in
accordance with said principles and guidelines. The German Democratic
Republic shall repeal or amend the legislation referred to in Annex III and
adopt the new legislation referred to in Annex IV prior to the
establishment of monetary union, provided that no other time limit is
fixed in the Treaty or in the Annexes.
(2) The proposed amendments to legislation in the Federal Republic of
Germany are listed in Annex V. The proposed legislative adjustments in the
German Democratic Republic are listed in Annex VI.
(3) In the transmission of personal data, the principles contained in
Annex VII shall apply.
ARTICLE 5__________
Administrative Assistance
The authorities of the Contracting Parties shall, subject to the
provisions of domestic law, assist each other in the implementation of this
Treaty. Article 32 of the Treaty shall remain unaffected.
ARTICLE 6__________
Recourse to the Courts
(1) Should any person's rights guaranteed by or following from this
Treaty be violated by public authority he shall have recourse to the courts.
In so far as no other jurisdiction has been established, recourse shall be to
the ordinary courts.
(2) The German Democratic Republic shall guarantee recourse to the
courts, including recourse for provisional court protection. In the absence of
special courts for public-law disputes, special arbitration courts shall be
set up at ordinary courts. Jurisdiction for such disputes shall be
concentrated at specific regional and district courts.
(3) Pending the establishment of a special labour jurisdiction, legal
disputes between employers and employees shall be settled by neutral
arbitration bodies to be composed of an equal number of employers and
employees and a neutral chairman. Their decisions shall be appealable.
(4) The German Democratic Republic shall permit free arbitration in the
field of private law.
ARTICLE 7__________
Arbitral Tribunal
(1) Disputes concerning the interpretation or application of this Treaty,
including the Protocol and the Annexes, shall be settled by the Governments
of the two Contracting Parties through negotiation.
(2) If a dispute cannot thus be settled, either Contracting Party may
submit the dispute to an arbitral tribunal. Such submission shall be
admissible irrespective of whether a court has jurisdiction in accordance with
Article 6 of this Treaty.
(3) The arbitral shall be composed of a chairman and four members. Within
a period of one month following in the entry into force of this Treaty, the
Government of each Contracting Party shall appoint two regular and two deputy
members. Within the same period, the chairman and the deputy chairman shall be
appointed in agreement between the Governments of the two Contracting Parties.
If the periods specified in the second and third sentences have not been
observed, the necessary appointments shall be made by the President of the
Court of Justice of the European Communities.
(4) The period of office shall be two years.
(5) The chairman and members of the arbitral tribunal shall exercise
their office independently and free from instructions. Before commencing their
activities, the chairman and members of the arbitral tribunal shall undertake
to carry out their duties independently and conscientiously and to observe
confidentiality.
(6) The provisions governing the convening and the procedure of the
arbitral tribunal are laid down in Annex VIII.
ARTICLE 8__________
Intergovernmental Committee
The Contracting Parties shall appoint an Intergovernmental Committee. The
Committee shall discuss - and where necessary reach agreement on - questions
relating to the implementation of the Treaty. The tasks of the Committee shall
include the settlement of disputes under Article 7 (1) of the Treaty.
ARTICLE 9__________
Amendments to the Treaty
Should amendments or additions to this Treaty appear necessary in order
to achieve any of its aims, such amendments or additions shall be agreed
between the Contracting Parties.