Term and legal definition of Germany
Germany is a sovereign state in Central Europe and a federal republic. Its legal foundations, constitutional development, territorial extent, and international relations are of high relevance in both international and national contexts. Jurisprudence regarding Germany encompasses a variety of statutory, constitutional, international, and administrative law aspects, which are detailed below.
Constitutional principles
National territory
Germany, officially referred to as the Federal Republic of Germany, consists of the entire sovereign territory specified in Articles 23 and 116 of the Basic Law (Grundgesetz, GG). Today’s German territory is composed of 16 federal states. The state sovereignty extends both to the geographical territory and to the right to exercise sovereign authority within these borders. Germany’s national borders are established by a multitude of international treaties and are internationally recognized.
Borders and international treaties
Today’s borders are based on the Two Plus Four Agreement (Treaty on the Final Settlement with Respect to Germany, 1990) as well as bilateral boundary treaties, for example with Poland (Border Treaty 1990), the Czech Republic and other neighboring states. Germany has no legal territorial claims beyond its internationally recognized borders.
Nationals
The German nation is primarily defined in Article 116 of the Basic Law. Accordingly, it encompasses all Germans within the meaning of the Basic Law, that is, all persons with German nationality as well as certain persons of German descent who were admitted after 1945. German citizenship law is set out in the Nationality Act (StAG) and is based both on the principle of descent (“ius sanguinis”) and the principle of birthplace (“ius soli”).
State authority
The exercise of state authority in Germany is regulated by the Basic Law. Germany is a democratic and social federal state (Art. 20 GG). State authority emanates from the people and is exercised through elections and referenda as well as by the specific organs of legislation, executive power, and jurisprudence.
Constitutional structure
Federalism
Germany is divided into 16 states, each with its own constitution, legislation, and independent administration, whose competences are defined and limited by the Basic Law. Federalism is one of the fundamental organizational principles in the German constitution. The federal states have their own legislative powers, rights to form governments, and their own courts, unless the Basic Law assigns this area to federal competence.
Protection of fundamental rights
German law guarantees comprehensive protection of fundamental rights in the Basic Law (Articles 1-19 GG). These rights generally apply to all people, some specifically to citizens. Respect for human dignity (Art. 1 GG) is the highest constitutional principle. Protection of fundamental rights is ensured by the Federal Constitutional Court.
Constitutional organs
The highest constitutional organs of Germany are:
- Bundestag (Parliament)
- Bundesrat (Representation of the states)
- Federal President (Head of State)
- Federal Government (Cabinet)
- Federal Constitutional Court (Highest Court)
The interaction and respective competences of these organs are detailed in the Basic Law.
International legal status
International legal personality
The Federal Republic of Germany is an equal and sovereign member of the international community. Its international recognition is based on the assumption of the rights and obligations of the German Reich after World War II. With the entry into force of the Two Plus Four Treaty, final international legal clarity and Germany’s full sovereignty were established.
Membership in international organizations
Germany is a member of numerous international organizations, including the European Union (EU), the United Nations (UN), NATO, the Council of Europe, the Organization for Security and Co-operation in Europe (OSCE), and the World Trade Organization (WTO).
International treaties
Germany is a party to numerous legally binding international agreements, including the European Convention on Human Rights, the Geneva Refugee Convention, and the Charter of the United Nations. The conclusion and ratification of international treaties take place in accordance with Article 59 of the Basic Law and are part of the domestic legal system, provided they are transposed into national law by enabling statutes.
Legal development and historical continuities
Legal succession of the German Reich
After the Second World War, Germany consisted of four occupation zones and was administered by the Allies. The Federal Republic of Germany, founded in 1949, claims (partial) legal succession to the German Reich, which has been confirmed multiple times by the Federal Constitutional Court (e.g. BVerfGE 36, 1). This means that Germany, in the sense of international law, is identified as the same state that arose in 1871, albeit with changed borders.
Reunification and legal integration
With the accession of the German Democratic Republic (GDR) to the Federal Republic (Unification Treaty, 1990), the state unity of Germany was restored. The unification process was implemented internationally through the Two Plus Four Treaty and domestically through the Unification Treaty.
Domestic legal system
Legislation and legal practice
Germany has a complex legal system with the Basic Law as its constitution and highest-ranking law. The legal system is divided into different areas of law: civil law, criminal law, public law, and administrative law. Legislative competences are divided between the federal government and the states (Art. 70 ff. GG). The judiciary is independent (Art. 97 GG).
Court organization
Jurisdiction is exercised at the federal and state levels in various branches:
- Ordinary jurisdiction (Civil and criminal cases)
- Administrative jurisdiction (Public law disputes)
- Fiscal jurisdiction (Tax disputes)
- Labour jurisdiction (Labour law disputes)
- Social jurisdiction (Social law disputes)
Administrative structure
Germany is divided into municipalities, districts, independent cities, states, and the federal government. Administration follows the principle of self-administration, especially at the municipal level (Art. 28 GG).
Special legal aspects
Special status of certain territories
Certain territories have or had special status, such as the Saarland (Saar Statute, 1947-1956) or West Berlin (Four Powers Status until 1990). Such special administrations were always relevant under international and constitutional law and were abolished in the course of German unification.
Principle of the rule of law
The principle of the rule of law (Art. 20 para. 3 GG) shapes the entire legal order of Germany. It commits legislators, administration, and judiciary to act according to the law and to respect fundamental rights.
Literature and further statutes
- Basic Law for the Federal Republic of Germany
- Unification Treaty of August 31, 1990
- Two Plus Four Treaty of September 12, 1990
- Nationality Act (StAG)
- Federal Constitutional Court decisions, especially 2 BvF 1/73 and 2 BvR 373/83
Conclusion
The term Germany is legally multifaceted and encompasses constitutional, statutory, and international law aspects. The Federal Republic is a sovereign, federal state with clearly defined territory, defined nationals, and comprehensive international recognition. Its constitutional order is shaped by the Basic Law, while its international integration and historical legal succession are of special legal significance. The German legal system is characterized by the principles of democracy, federalism, and the rule of law.
Frequently Asked Questions
What are the legal requirements for acquiring German citizenship?
The acquisition of German citizenship is governed by the Nationality Act (StAG) and may occur through birth, declaration, adoption, marriage, or naturalization. Citizenship is acquired by birth if at least one parent is German (§ 4 para. 1 StAG). Children born to foreign parents may, under certain conditions, be naturalized by birth in Germany if at least one parent has legally resided in Germany for at least eight years and holds a permanent residence permit (§ 4 para. 3 StAG). Several requirements must be fulfilled for naturalization: at least eight years of lawful residence in Germany (reduced to seven with participation in an integration course), commitment to the free and democratic basic order, secured livelihood, no serious criminal offenses, sufficient knowledge of German (level B1), and a naturalization test on civic knowledge. In general, naturalization requires giving up previous citizenship, unless release from the previous citizenship is impossible or unreasonable. Naturalization applications are submitted to the competent immigration authority.
What rights and obligations arise from the registration requirement in Germany?
Every person living in Germany is obliged under the Federal Registration Act (BMG) to register with the relevant registration authority within two weeks of moving into a residence (§ 17 BMG). Upon moving out and leaving Germany, deregistration is required within two weeks. To register, those subject to registration must provide proof of identity (identity card, passport) as well as confirmation from the landlord that the change of residence has actually occurred (§ 19 BMG). Registration data are used for organizing elections, for the police, the tax office, and the residents’ registration office. Failure to comply with the registration requirement or providing false information may result in a fine (§ 54 BMG). Under certain conditions, third parties may receive information from the registration register, for example, for tracking down debtors (§ 44 BMG).
What is the legal framework for employment relationships and protection against dismissal in Germany?
German labor law regulates the relationships between employers and employees and includes, among others, the Civil Code (BGB), the Protection Against Dismissal Act (KSchG), the Part-Time and Fixed-term Employment Act (TzBfG) as well as various collective agreements. Employment contracts may be for a fixed or indefinite term. Generally, an employment relationship may be terminated by either party subject to a notice period, but in businesses with more than 10 employees and an employment duration of more than six months, protection against dismissal under the KSchG applies. Ordinary termination is only permissible if it is socially justified, i.e. for operational, personal, or conduct-related reasons (§ 1 KSchG). There are also special protection provisions, e.g. for pregnant women, parents on parental leave, and severely disabled persons, who enjoy additional protection against dismissal. Invalid or late terminations (e.g., lacking the required written form) may be challenged before the labor court. Termination for operational reasons is only possible if there is verifiable loss of need for employment.
What regulations apply to tenancy law and tenant protection in Germany?
Tenancy law is essentially regulated in the Civil Code (BGB), in particular in §§ 535 ff. A rental contract is formed through mutual declarations of intent by the tenant and landlord. The tenant’s rights are regulated under so-called tenant protection, which particularly safeguards the tenant’s legitimate interest in the continuity of the tenancy. Thus, a landlord may generally only terminate an open-ended tenancy if a legitimate interest is given, for example, personal use (§ 573 BGB). Rent increases are also legally limited, in particular by the so-called ‘capping limit’ and the customary local comparative rent (§ 558 BGB). There is also protection regarding defects in the rented property, such as the right to reduce rent in the case of significant restrictions (§ 536 BGB). For modernization announcements and measures, there are also special rules regarding notice periods and caps on cost allocation (§ 555b ff. BGB).
What needs to be considered legally when marrying in Germany?
Marriage in Germany is regulated in the Civil Code (BGB) and the Civil Status Act. A legally valid marriage requires that both partners are of legal age (at least 18 years old, in rare cases 16 years with court exemption) and consent to marriage freely. The marriage ceremony must take place in the presence of a registrar and two witnesses, with the intention to marry registered at least six weeks in advance. Both partners must provide civil documentation, including an authenticated copy from the register of births, identity card or passport, and if applicable, proof of dissolution of previous marriages (divorce decree or death certificate). For binational couples, a certificate of no impediment and legalization or authentication of documents may also be required. Marriage confers rights and duties such as mutual maintenance, tax benefits, and custody implications for joint children. In the event of divorce, the principles of equalization of accrued gains and pension rights acquired during the marriage apply.
What legal regulations apply to data protection and freedom of information in Germany?
Data protection in Germany is primarily governed by the EU General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). These provisions protect natural persons against misuse of their personal data by public and non-public bodies. The scope, use, and storage of data are only permitted within the framework of justified and transparent purposes. Any processing of personal data requires a legal basis such as consent, legal obligation, or legitimate interest (Art. 6 GDPR). Data subjects have rights to access, rectification, erasure, and restriction of processing of their data as well as to data portability. Federal and state information freedom laws regulate access to government information and files unless overriding public or private interests conflict. Data protection is monitored by independent supervisory authorities, such as the Federal Commissioner for Data Protection and Freedom of Information; in the event of violations, data subjects may complain there or take civil action.
What legal considerations must be taken into account when founding a company in Germany?
Several legal steps are required when founding a company in Germany. First, the appropriate legal form must be chosen, such as sole proprietorship, limited liability company (GmbH), stock corporation (AG), or partnership (GbR, OHG, KG). The requirements regarding minimum capital, liability arrangements, and tax obligations vary significantly between these legal forms. Corporations such as the GmbH must be established through a notarized articles of association and registered in the commercial register (§ 2 GmbHG, § 12 HGB). Sole proprietorships and partnerships are generally easier to set up but must also be registered with the trade office (§ 14 GewO). Regardless of the legal form, all companies must register with the tax office for tax purposes, apply for a tax number, and, depending on the activity, may need to pay value-added tax. Depending on the business activity, official permits or frameworks such as the Crafts Code (HwO), Restaurant Act (GastG), or health regulations may need to be observed. Furthermore, companies are subject to German labor law and social security regulations, particularly with respect to employees.
