Term and legal definition of the GDR
The abbreviation DDR stands for “German Democratic Republic” and refers to an independent state recognized under international law on the territory of what is now Eastern Germany, which existed between October 7, 1949, and October 3, 1990. The GDR emerged as part of the post-war political order after World War II and constituted the eastern part of Germany under Soviet occupation. Its constitutional development, constitution, administration, legal system, as well as its classification under international law, form central aspects for considering the term GDR in a legal context.
Constitutional foundations of the GDR
Origin and state organization
The establishment of the GDR was based on the decisions of the Soviet occupying power and the German People’s Congresses appointed in the Soviet occupation zone. On October 7, 1949, the GDR was founded as a German federal state with the adoption of its first constitution.
Constitution and constitutional bodies
The initial constitution of the GDR was formally oriented towards democratic principles, while the actual power structure was shaped by the leading role of the Socialist Unity Party of Germany (SED). The most significant constitutional amendment took place in 1968, after which the GDR was explicitly defined as a socialist state. Central constitutional bodies were the People’s Chamber (parliament), the Council of Ministers (government), the State Council (head of state), and the National Front as a social alliance.
Fundamental rights and legal status of citizens
Comparable to Western democracies, the GDR constitution contained catalogues of fundamental rights, but their practical implementation was greatly restricted by state control and intervention. Civil rights such as freedom of speech, press, and assembly were relativized by the principle of the SED’s leading role. The individual legal status of citizens in the GDR’s legal system was subordinate to the interests of the socialist state.
Legal system of the GDR
System and sources of law
The law of the GDR was shaped by the Soviet legal model. The most important source of law was the constitution, along with laws enacted by the People’s Chamber and decrees issued by the Council of Ministers. Legislation was centrally implemented by state organs, while the judiciary and administration were controlled by party politics.
Criminal law
In the criminal law of the GDR, a distinction was made between offenses harmful to the state and other offenses; political crimes were prosecuted particularly rigorously. The criminal procedure code of the GDR enabled the prosecution of political opponents through legislation, investigations, and trials.
Civil law and family law
Civil law was characterized by a collectivist orientation. Ownership of the means of production was predominantly state-held, while private property was strictly regulated. Family law was based on the model of socialist society, with areas such as marriage, divorce, or adoption being legally regulated.
Administration and administrative law
The administration was centrally organized and permeated almost all areas of life, such as in the allocation of housing, the planned economy, labor law, and social security.
Judiciary
Courts in the GDR were not independent in practice, but were subject to the directives of the SED and the state. Judicial decisions often followed political objectives.
International legal status of the GDR
Recognition and international relations
The GDR was a state under international law with active diplomatic engagements. Full recognition under international law began in 1973, particularly with its admission to the United Nations. Central matters of international law included mutual recognition with the Federal Republic of Germany in the Basic Treaty (1972), in which both states recognized each other as independent, but left the overall German question unresolved.
Citizenship and implications
The GDR had its own citizenship with corresponding legal foundations. The acquisition, loss, and retention of citizenship were governed by the GDR Citizenship Act. At the same time, from the perspective of the Federal Republic of Germany, the overall German citizenship continued to exist, which led to legal questions in the context of reunification.
Dissolution and legal aftereffects of the GDR
Process of accession to the Federal Republic of Germany
With the peaceful revolution and the Unification Treaty of 1990, the GDR was incorporated into the Federal Republic of Germany on October 3, 1990, pursuant to Article 23 of the Basic Law, and ceased to exist as a separate legal entity.
Continued validity and transfer of legal acts
The Unification Treaty regulated in detail the fate of laws, administrative acts, and judicial decisions of the GDR. Numerous GDR norms initially remained in force unless they contradicted the Basic Law or were expressly repealed. The transfer of many legal acts led to a multitude of special regulations, significant for the transformation of property, asset, and other rights.
Restitution and rehabilitation
In the course of reunification, complex restitution procedures emerged to restore expropriated assets. In addition, comprehensive legislation was enacted for the criminal and administrative rehabilitation of persons convicted or persecuted by the GDR.
Historical and legal significance of the GDR in today’s law
The institutions, legal acts, and political developments of the GDR continue to have an impact on today’s law. Issues of citizenship law, rehabilitation, recognition of educational qualifications, pension entitlements, or public law contracts are analyzed and assessed in light of the continuation and transformation of GDR law.
Summary
Die German Democratic Republic represents a historically and legally independent state in German post-war history, whose constitutional, international, and administrative structures have remained fundamentally important for legal developments in the new federal states and for the current German legal system. The comprehensive processing and transition of the GDR’s legal relationships still pose central challenges for academia and practice.
Frequently Asked Questions
Which sources of law applied in the GDR and how did they differ from those of the Federal Republic of Germany?
The GDR (German Democratic Republic) developed an independent legal system that fundamentally differed from that of the Federal Republic of Germany. The central source of law was the constitution of the GDR from 1949, which was comprehensively amended in 1968 and last in 1974. In addition, there were specific codes such as the Civil Code of the GDR (ZGB, introduced in 1976), the Criminal Code of the GDR (StGB-DDR, introduced in 1968), and numerous special laws, for example on family, labor, and administrative law. The GDR was a socialist state; therefore, law in interpretation and application was subject to the political requirements of the Socialist Unity Party of Germany (SED). Legal protection was based on the principle of socialist justice, which meant remedies and judicial independence were severely restricted. International treaties only applied insofar as they were incorporated into national legislation, and the system of written law had priority over case law, which in the Federal Republic played a greater role due to precedents. After the GDR’s accession to the Federal Republic in 1990, GDR laws were largely repealed or replaced by West German norms.
How was the ownership system legally regulated in the GDR?
The ownership system of the GDR differed significantly from western systems. According to the constitutions of the GDR, there were various forms of ownership: public property (state property), cooperative property (particularly in agriculture and housing), and personal property. Private ownership of means of production was systematically reduced, and at times also expropriated, through the Law on the Socialist Transformation of the Economy starting in the 1950s. Public property formed the legal basis for conducting the centrally planned economy. Private individuals could have personal property in movable items and residential property, but the acquisition of private homes was strictly limited and subject to tight legal requirements. With the entry into force of the Civil Code (ZGB), protection of property was limited to personal property, whereby the extent and intended use were state-regulated and controlled.
What role did constitutional jurisdiction play in the GDR?
The GDR did not have a constitutional court modeled on Western systems. Constitutional questions were not decided by independent courts, but at best by political bodies such as the People’s Chamber or the State Council. There was no concrete review of norms or constitutional complaints. Disputes about the interpretation of constitutional law were resolved internally, under the supervision of the dominant state party SED. The courts were obliged to always interpret laws in the spirit of the socialist social order and to uphold the interests of the working and peasant class. A substantive judicial review of state actions on constitutional grounds was excluded.
How was access to justice regulated in the GDR?
Access to justice was in principle available to all citizens, however, proceedings were shaped by the democratic-centralist principle, which strictly favored the party line. Courts, especially district and county courts, had the task of implementing SED policy and resolving social conflicts in line with the socialist social order. Lawyers were admitted, but admission was monitored by the state, and they were compulsorily organized in the ‘Collegien der Rechtsanwälte der DDR’. Complaints against governmental actions or grievances were often only possible through submissions and petitions, which were handled far from any understanding of the rule of law. Independence of the judiciary was de facto not given.
What special features characterized the GDR’s criminal law?
The criminal law of the GDR was fundamentally shaped by the political system. There were special criminal offenses such as “anti-state agitation,” “flight from the Republic,” or “unlawful contacts” to sanction politically undesirable behavior. Procedures were highly simplified and the procedural rights of the accused restricted; criminal justice was largely under the control of the Ministry for State Security (MfS). Legal protection by independent lawyers was hardly available in political criminal cases. Furthermore, sentences were often indeterminate and could be imposed at the court’s discretion in line with state interests. After reunification, the GDR’s criminal law was comprehensively reviewed for unconstitutional practices (e.g., through the Criminal Rehabilitation Act).
How were international agreements and human rights implemented in law in the GDR?
International agreements, including those on human rights, were only observed in the GDR if they were explicitly incorporated into domestic law. The universality of human rights in the Western sense was limited; the GDR narrowly defined rights such as freedom of speech, assembly, or freedom of movement, with numerous restrictions. International human rights agreements, such as the International Covenant on Civil and Political Rights, were ratified, but in legal practice remained subordinate to the socialist law. Supervision of international treaties was the responsibility of the Council of Ministers, and enforcement mechanisms such as international complaints were not available to GDR citizens. Similarly, the GDR was not a member of the European Court of Human Rights.
What role did the Public Prosecutor’s Office and State Security (MfS) play in the GDR legal system?
The Public Prosecutor’s Office of the GDR was part of the unified socialist state and legally bound to the political objectives of the SED. It monitored compliance with all laws, supervised the judiciary, and worked closely with the Ministry for State Security (MfS). The MfS was not a formal judicial authority, but a political police force with extensive intervention, surveillance, and investigative powers, able to act without judicial oversight. The cooperation between these two institutions enabled a system based on repression, in which politically motivated prosecution was common and legally secured. The separation between investigative and prosecutorial authorities, as exists in the West German legal system, was largely abolished in the GDR.
