German Confederation: Legal Framework and Historical Development
Formation and Establishment of the German Confederation
The German Confederation was a confederation of states founded on June 8, 1815, in the course of the Congress of Vienna. It served as a supranational organization for the German states in the territory of the former Holy Roman Empire of the German Nation. The aim of the German Confederation was to ensure the internal and external security of its member states, safeguard the sovereignty of the individual states, and provide a framework for cooperation between princes and free cities. Its creation was based on the Federal Act as well as supplementary international treaties and provisions.
Legal Foundations of the German Confederation
The Federal Act
The Federal Act of 1815 constituted the basic legal statute of the German Confederation. This multilateral treaty was signed by the representatives of the 39 German states. The Federal Act established the statutory fundamental principles of the Confederation, the structure of its institutions, as well as the rights and obligations of its members.
International Law Character
The German Confederation was, according to the prevailing opinion of its time, a confederation of states under international law (confederation), in which the member states essentially retained their statehood and sovereignty. However, the Confederation acted externally as a legal entity and, as such, was able to conclude treaties and assume obligations.
Final Act of Vienna
In addition to the Federal Act, the Final Act of Vienna, adopted on May 15, 1820, regulated constitutional issues in detail and provided a binding implementation statute. For example, it determined the internal organization, areas of competence, and the relationship between the Confederation and its member states.
Organization and Institutions of the German Confederation
Federal Assembly (German Bundestag)
The central organ of the German Confederation was the Federal Assembly, also known as the Bundestag, based in Frankfurt am Main. It consisted of envoys from the member states, presided over by an Austrian presidential envoy. The Federal Assembly functioned as a standing congress of the acceding states, but without its own legislature or executive in the modern sense.
Division of Competencies between Confederation and Individual States
The competencies of the Confederation were severely limited and primarily concerned the tasks of external and internal security, defense against external attacks, and the suppression of revolutionary or state-threatening endeavors domestically.
The individual states had their own constitutions, legal powers, and, for the most part, unrestricted sovereignty in all other political and legal matters. The sole obligation was to introduce a territorial constitution, i.e., to grant a participatory right to the estates.
Federal Law and State Law
Federal law, primarily the provisions of the Federal Act and Federal resolutions, took precedence over conflicting state laws whenever this was expressly regulated. However, the interpretation and enforcement of federal law were largely subject to the consensus of the states and the practice of the Federal Assembly.
Legal Relationship of the Member States
Accession and Withdrawal
Accession to the German Confederation was effected by signing the Federal Act and by recognizing the Federal resolutions. The possibility of unilateral withdrawal was not provided for in the Confederation’s statutes and was only enforced de facto by Prussia in the context of the Austro-Prussian War of 1866.
Fidelity to the Confederation and Binding Effect
The member states were obliged to remain loyal to the Confederation. This meant that they had to respect federal legal requirements and adapt their state laws accordingly. Violations could lead to federal measures up to and including federal intervention, provided such were decided by the Federal Assembly.
Federal Legal Authorities and Procedures
Legislation and Resolutions
The Federal Assembly had the right to enact federal laws, which, however, could generally only be adopted as resolutions (“Recesse”) by consensus or under special majority conditions. The right of initiative also largely rested with the member states.
Federal Execution
To enforce Federal resolutions, the Federal Assembly could order so-called federal executions: interventions in the internal affairs of a member state, for instance, by dispatching federal troops to restore order or implement a federal resolution.
Federal Courts
A permanent federal court did not exist in the German Confederation. Disputes were generally resolved by the Federal Assembly itself or by arbitral tribunals convened ad hoc as needed. The establishment of a permanent federal jurisdiction remained an unresolved issue within the Confederation.
Significance of the German Confederation for Public Law
Constitutional Function
The German Confederation served as a key link between the dissolved Holy Roman Empire and the later German Empire. From a legal-historical perspective, it constituted the first modern, federal unification of German states without abolishing their statehood.
Influence on Federal Constitutional Law
The legal principles of the German Confederation, especially the distinction between federal and state law, the principles of fidelity to the confederation, the primacy of federal law, and the forms of federal legislation, continued into the subsequent federal constitutional law of the North German Confederation (from 1867) and the German Empire (from 1871).
Dissolution of the German Confederation
Termination and End
As a result of the Austro-Prussian War, the German Confederation was formally declared dissolved by the majority of the remaining member states in Frankfurt in July 1866. The Federal Assembly ceased its activities. Under international law, this brought the individual statehood to the forefront until the North German Confederation was formed in 1867 and later the German Empire.
Legal Aftereffects
The dissolution of the Confederation had far-reaching legal consequences, particularly concerning the sovereignty of the individual states, the Allied rights in certain territories, and territorial matters. The principles and resolutions of the German Confederation still influence the understanding of federal member state law in Germany today.
Summary:
The German Confederation was a confederation under international law, whose constitutional statute and federal structure established key foundations for later federal systems in Germany. Its legal structure, organs, and the relationship between federal and state law remain an important point of reference for German constitutional and public law to this day.
Frequently Asked Questions
What legal foundations governed membership in the German Confederation?
The legal foundations for membership in the German Confederation were primarily established by the Federal Act adopted on June 8, 1815. According to Article 1 of the Federal Act, the sovereign princes and free cities named in the annex were members of the Confederation. It was stipulated that the Confederation existed not as a confederation of states in the modern sense, but as a “perpetual confederation” of independent states. Changes in membership — such as accession, withdrawal, or expulsion — were only permitted by unanimous consent of all member states. Therefore, a new state’s application for membership required the approval of all members. Withdrawals of individual members were not legally provided for and were considered a grave violation of the Federal Act during history, for example in the case of the Grand Duchy of Luxembourg (1866). Furthermore, the existing sovereign rights and domestic orders of all members were expressly protected by the Federal Act.
What legal powers did the German Confederation have over its member states?
Legally, the German Confederation did not possess comprehensive central authority. The Federal Constitution, particularly the Federal Act, did not grant the Confederation direct rights of intervention in the legislation, administration, or jurisdiction of the member states. The Confederation rather served for joint defense and external security, with the adoption of federal laws or measures always requiring the approval of all or qualified majorities in the Bundestag. In foreign and security policy, the Confederation had rights of participation, while extensive sovereignty was maintained internally. Special powers existed in protecting the ‘federal’ orders and in monitoring compliance with the Federal Constitution by the Federal Assembly.
How was the legal relationship between the Bundestag and the individual states regulated?
The Bundestag in Frankfurt am Main was the central organ of the Confederation, composed of envoys from the member states who were bound by instructions from their sovereign. Legally, the Bundestag was not a direct national parliament, but a conference of estates, which collegially issued resolutions for the entire Confederation. Decisions were binding on all member states. The Bundestag could impose coercive measures (including conducting war on behalf of the Confederation) against states that violated federal laws or treaties. However, the Bundestag lacked its own executive authority or federal administration, so the implementation of measures was in practice in the hands of the individual states.
On what legal basis could federal laws be created?
Federal legislation required a resolution by the Bundestag, which in specific cases — such as fundamental decisions on war and peace — demanded unanimity (so-called plenary matters). For other decisions, a qualified or simple majority was sufficient. To shape legislative competencies and ensure uniform law within the Confederation, the Final Act of Vienna was enacted in 1820, whose Articles 54 and following specifically regulated the prerequisites and process of federal legislation. A federal law only entered into force after its promulgated adoption by the Bundestag and subsequent implementation (so-called ‘implementation order’) by the individual states.
Were there legal mechanisms for mediation or dispute resolution between the federal members?
A central element of the federal legal system was the so-called federal executive and the institutionalized federal mediation. Article 19 of the Federal Act stipulated that in the event of disputes between member states, the Confederation could act as mediator. Disputed legal questions were to be resolved, where possible, on this level out of court and by consensus. Whenever a federal member violated the provisions of the Federal Act or the rights of other members, the Bundestag was responsible, after hearing the parties, for issuing a legally binding resolution and, if necessary, imposing sanctions. This established a federal dispute resolution mechanism — a forerunner of later federal judicial systems in Germany.
What international legal status did the German Confederation have under international law?
The German Confederation was recognized as a subject of international law, but its ability to act was limited by the lack of central sovereignty. Treaties affecting the entire Confederation could only be concluded through an appropriate Bundestag resolution and usually required the approval of all members. The Confederation could send its own ambassadors and was treated as an independent entity at the Congress of Vienna and in subsequent conferences, alongside the individual member states. In times of war, however, only the federal army and not the Confederation itself appeared as an actor, which was a peculiarity of its status in international law. Nevertheless, the Confederation was able to act as a contracting party to safeguard common interests abroad.
Under what legal conditions was a revision of the Federal Act possible?
An amendment or revision of the Federal Act, and thus of the basic legal structure of the German Confederation, was only legitimate according to Articles 34 to 36 of the Federal Act with the express consent of all member states. This underscored the consensus principle and the equality of the members. Initiatives for revision had to be introduced first in the Bundestag and then ratified by all members. The high formal requirements prevented essential reforms over time and contributed to the Confederation’s political stagnation, since even small individual states could block fundamental changes with their vote.
