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TheGerman Emergency Acts (Notstandsgesetze) were passed on 30 May 1968 at the time of theFirst Grand Coalition between theSocial Democratic Party of Germany and theChristian Democratic Union of Germany.[1] It was the 17thconstitutional amendment to theBasic Law, adding emergency clauses to ensure thefederal government's ability to act in crises such as natural disasters, uprisings or war.[2]
The inclusion of emergency laws in the German Basic Law was one condition imposed by theAllies before they would transfer fullsovereignty to theFederal Republic of Germany after theSecond World War. This was in order to ensure the safety of their troops still stationed in Germany.[3]
On 27 May 1968 theAllied Control Council declared that they would give up their right of control (Vorbehaltsrecht) if the Emergency Acts were passed. On 30 May, when the law was voted on, theFDP was the only party to stand firm against their introduction. Of the Grand Coalition, 54 members also voted against them.[4] The laws came into effect on 28 June 1968, marking the end of the special powers the Allied forces had been given over Germany in theStatute of Occupation of 21 September 1949.
The passing of the Emergency Acts was preceded by fierce domesticpolitical debates, which contributed to the establishment of the APO ("Außerparlamentarische Opposition", lit. 'Extraparliamentary Opposition'). The critics of the Emergency Acts referred to the catastrophic effects of the emergency decrees of theWeimar Republic (Article 48 of the Weimar Constitution), which gave thePresident of the Reich extensive powers in the event of an unspecified emergency.[5]
The Emergency Acts regulate thestate of emergency, thestate of defence, thestate of tension and disaster events. A state of emergency can come into effect when an external threat impedes a normal democratic decision-making process. TheJoint Committee then assumes essential parliamentary functions.[6]
The emergency clauses include regulations in theBasic Law regarding:
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