Term and Meaning of the ‘Federal Territory’
The federal territory is a central concept in German constitutional law and describes the geographical and legal area of validity of the Federal Republic of Germany. The federal territory encompasses all areas and spaces over which the German state authority is exercised. The term is used in various laws, particularly in the Basic Law, and determines the spatial scope of federal sovereign power.
Constitutional Foundations of the Federal Territory
Constitutional Definition
The Basic Law (Grundgesetz, GG) uses the term ‘Bundesgebiet’ (federal territory) multiple times, particularly in connection with the determination of the territorial applicability of German laws as well as in relation to the structure and organization of the federal state. According to Article 23 GG, in its version before 3 October 1990, the federal territory consisted of the states of the former Federal Republic. With the accession of the German Democratic Republic to the Basic Law’s area of application in 1990, the federal territory was territorially expanded.
Sovereignty and Territorial Extension
The definition and delimitation of the federal territory is usually made with regard to the exercise of state sovereign power. Sovereign rights are exercised within the federal territory, which itself is defined according to international and constitutional legal standards. This includes the mainland, German inland lakes and rivers, the twelve nautical mile wide German territorial sea, and German airspace.
Demarcation and Scope of the Federal Territory
Mainland and Internal Borders
The federal territory comprises the territory of the Federal Republic of Germany within its internationally recognized borders. This includes:
- The 16 German federal states, including all inhabited and uninhabited areas
- Inland lakes, rivers and other inland waters within the state and federal borders
Territorial Sea and Exclusive Economic Zone
Under the United Nations Convention on the Law of the Sea (UNCLOS), the territorial sea up to 12 nautical miles off the German coastline is legally part of the federal territory. The exclusive economic zone (EEZ), on the other hand, is not part of the federal territory, but is designed under international law as a maritime area of its own type, in which Germany exercises certain, though not comprehensive, sovereign rights. Thus, the EEZ does not, in its entirety, constitute German state territory within the meaning of the federal territory.
Extent of the Airspace
The airspace over the federal territory is likewise part of the sovereign territory and is included in the federal territory. The exercise of state authority therefore also applies to all airspaces that extend vertically above German territory.
Special Areas and Exceptional Cases
Exclaves of foreign states in Germany, embassy grounds, or consular representations are not part of the federal territory as they are subject to a special status. Similarly, foreign military bases and their areas, despite the presence of foreign troops and following the withdrawal of national sovereignty, are generally considered part of the German federal territory.
Legal Relevance and Scope of Application
Applicability of Laws and Administrative Acts
The federal territory defines the spatial scope in numerous laws and regulations. For example, the Criminal Code (StGB), the Civil Code (BGB), and the Administrative Procedure Act (VwVfG) each explicitly specify for which territorial area the respective provisions apply. The exercise of administrative and judicial jurisdiction is tied to the federal territory as its territorial area of application.
State Sovereignty and Territorial Authority
The territorial sovereignty of the German state finds its spatial boundary at the external borders of the federal territory. Within this territory, the federal government holds the comprehensive monopoly on the use of force. Legal acts, sovereign measures, as well as the enforcement of public order, primarily apply within the borders of the federal territory.
Nationality and Residence Law
For matters of nationality (§ 3 StAG) and residence law, the legal definition of the federal territory is of essential importance. The acquisition or loss of German nationality, entry, residence, and expulsion regularly refer to the federal territory as their spatial reference frame.
International Law Perspectives and International Aspects
State Territory in International Law
Under international law, the federal territory is the area over which Germany exercises effective territorial sovereignty. Border changes occur through intergovernmental treaties, cessions of territory, or through internationally recognized political changes (e.g., reunification in 1990). Internationally binding maps and agreements (e.g., treaties with neighboring states) establish the exact external borders of the federal territory.
International Institutions
Germany’s membership in international organizations (such as the EU) can have legal effects on the federal territory, particularly through the transfer of certain sovereign rights. However, this does not change the extent and delimitation of the federal territory in the constitutional sense.
Historical Development of the Federal Territory
Postwar Period and Basic Law
After the Basic Law came into force on 23 May 1949, the federal territory encompassed the West German states. With the accession of the former GDR to the federal territory on 3 October 1990 (Day of German Unity), the federal territory was extended to include the new federal states and East Berlin.
Course and Changes of Borders
The development of the federal territory is closely linked with the history of German state borders since 1945. Particularly significant are the international legal recognition of the Oder-Neisse Line and the final determination of Germany’s external borders through the Two Plus Four Treaty.
Federal Territory in Special Provisions and Legal Exceptions
Special Tax Law Provisions
Numerous tax regulations refer to the federal territory and often extend the scope of application to limited tax-liable persons who earn income from the federal territory (§ 49 EStG).
Police Law and Hazard Prevention
In the context of hazard prevention and police law, the term federal territory is used to define the territorial jurisdiction of authorities and to limit measures to domestic territory.
Exceptional Cases: Abroad and Allied Territories
German soldiers may, in the case of deployments abroad or within international alliances, exercise sovereign authority outside the federal territory as an exception, which is, however, governed by specified legal frameworks.
Conclusion
The federal territory is a fundamental concept in German constitutional law for determining the territorial scope of state authority, legal norms, and administrative actions. Its definition is governed by both the German constitution and international law agreements. Precise knowledge of the extent and boundaries of the federal territory is crucial for the application of numerous laws and for the exercise of sovereign rights of the Federal Republic of Germany.
Frequently Asked Questions
What legal foundations regulate the federal territory of the Federal Republic of Germany?
The federal territory of the Federal Republic of Germany is primarily defined legally by the Basic Law. Article 23 GG and Article 116 GG play a central role. While Article 23 GG describes the federal territory as that to which the Basic Law applies, Article 116 GG defines who qualifies as ‘a German within the meaning of the Basic Law.’ In addition, numerous international treaties – especially the Two Plus Four Treaty of 1990 – relate to the final determination of the territorial status of the Federal Republic of Germany. There are also administrative agreements and statutes at federal and state level regulating details of territorial division and its administration. The Basic Law does not provide for an exhaustive list of the federal states or their boundaries; this stems from international agreements and ordinary laws such as the Federal Territory Act and the Unification Treaty.
Can the federal territory change legally?
A change in the federal territory is possible on the basis of the Basic Law and international law requirements, but is highly regulated. Article 29 GG permits changes to state borders if this appears necessary to safeguard state interests or to make state boundaries more efficient, but requires extensive referendums and legislative procedures. A fundamental territorial change, such as cession or annexation of areas, is only permitted in compliance with the principles of international law – in particular with the principle of the inviolability of state borders and with the approval of the affected population. The federal territory was also lawfully expanded by the Unification Treaty with the integration of the former GDR territories.
How does the federal territory relate to German territorial waters and airspace?
Pursuant to international and German law, the federal territory includes not only land-based areas but also the German territorial waters (territorial waters up to 12 nautical miles from the coast) according to the UN Convention on the Law of the Sea and the airspace above them. In accordance with the three-dimensional doctrine, the federal territory thus represents a spatial unit extending from the earth’s surface into the airspace and over the waters, insofar as these fall under Germany’s sovereignty. Special areas such as embassies or so-called extraterritorial zones are expressly excluded from this, as they are not considered part of the German federal territory under international law.
What is the significance of the federal territory for legislative competence?
Laws of the Federal Republic of Germany generally apply throughout the entire federal territory, unless they are special federal laws with restricted territorial effect or state laws that are only effective within the territory of a particular federal state. The precise demarcation of the federal territory is thus central for the application of the law, administrative jurisdiction, and the judiciary. Cross-border matters, such as special zones (for example, cross-border areas, waters, or transit routes), often require specific international or bilateral regulations.
What happens in cases of municipal incorporations or changes to municipal boundaries?
Boundary changes within the federal territory – such as municipal incorporations, municipal mergers, or district reforms – are governed legally by state laws and according to constitutional requirements. This changes the internal structure and administrative division of the federal territory, but the federal territory as a legal entity within the meaning of the Basic Law remains unaffected. Such changes are regularly aimed at optimizing administrative structures and have no effect on the international legal status of the federal territory.
What significance does the federal territory have for nationality law?
The federal territory is closely linked to German nationality law, especially regarding the application of the so-called place-of-birth principle (‘ius soli’) or the residence permits of foreign nationals. Establishing residency within the federal territory is relevant for many residence and nationality law concerns. In particular, for acquiring German nationality by birth, § 4 StAG (Nationality Act) stipulates that birth in the federal territory can constitute an independent ground for acquisition, provided further conditions are met.
Are there special zones with a different legal status within the federal territory?
Yes, there are special zones with a different legal status within the federal territory under certain conditions. These include, among others, extraterritorial areas such as foreign embassies or international organizations with diplomatic immunity, which under international law are not considered part of the German federal territory. Special economic zones, which are administered according to special economic or legal regulations, may also have a different status without altering the definition of federal territory as set out in the Basic Law. The same applies to special zones claimed by the Allied powers after 1945 until the entry into force of the Two Plus Four Treaty, although their status is no longer of practical relevance today.
