On October 3, Germany celebrated German Unity Day for the 35th time. This holiday not only commemorates the reunification of the country in 1990 but also raises questions about true equality that remain relevant to this day.
After the Federal Republic of Germany (FRG) was founded in the west and the German Democratic Republic (GDR) in the east in 1949, the reunification of Germany took place on October 3, 1990. In addition to the political reunification of the conservative welfare state of West Germany and the socialist welfare state of the GDR, the law also had to be unified. Since both states had developed different legal systems, the Unification Treaty created the basis for a common legal system and equality on other levels.
The law in the FRG
The greatest challenge from 1949 onwards was to create a uniform and constitutional judicial system and procedural law, after the legal systems in the individual zones had developed differently during the four years of Allied occupation. The foundation for this was the Constitution (GG), which focused on the fundamental rights of the individual.
One of the most important laws of that time was the Equal Rights Act of 1957, which at least partially eliminated discrimination against women in family law. From the late 1960s onwards, social reforms under Chancellor Willy Brandt brought numerous innovations: more civil rights, more self-determination, and greater gender equality. These included the abolition of discrimination against children born out of wedlock, a reduction in the age of majority from 21 to 18, and changes in divorce and criminal law. Controversial social issues such as homosexuality and abortion were also re-regulated. At the same time, case law and legal education were modernized.
Politics and law in the GDR
In the GDR, the legal system was shaped by the SED’s claim to leadership, which was enshrined in the constitution. There was no separation of powers based on the independence of the courts.
Over the years, the GDR developed its own legal system. Parts of the Civil Code (BGB) were replaced. In particular, property, patent, and inheritance rights were severely restricted, and contract law was subject to the planned economy. As in all real socialist states, a cross-societal and interdisciplinary labor law emerged in the GDR in the sense of a right to work. A separate criminal code was also created, which, in contrast to West German criminal law, continued to provide for the death penalty.
The Unification Treaty of August 31, 1990
Since 1990, the West German model has largely been transferred to the new federal states in the area of social security.
The Unification Treaty of August 31, 1990, and the accession of the eastern German states to the scope of the Basic Law led to the reunification of two societies and states with very different systems. The treaty regulated in detail which GDR laws could continue to apply permanently or on a transitional basis. In principle, however, the laws of the Federal Republic also came into force in the territory of the former GDR.
In addition, accession necessitated comprehensive changes, which came into force on October 3, 1990. These included accession-related amendments to the Basic Law, the harmonization of laws, and the reorganization of administration and public property.
Article 3 of the Basic Law, which guarantees equality before the law, is particularly important in this context. It was and remains a central benchmark for reunification and the social and legal adjustments that continue to this day.
Despite the creation of a uniform legal framework, challenges remain. Harmonization is a long process and growing together remains an ongoing task.
German Reunification: From Divided Legal Systems to a Common Constitution
On October 3, Germany celebrated German Unity Day for the 35th time. This holiday not only commemorates the reunification of the country in 1990 but also raises questions about true equality that remain relevant to this day.
After the Federal Republic of Germany (FRG) was founded in the west and the German Democratic Republic (GDR) in the east in 1949, the reunification of Germany took place on October 3, 1990. In addition to the political reunification of the conservative welfare state of West Germany and the socialist welfare state of the GDR, the law also had to be unified. Since both states had developed different legal systems, the Unification Treaty created the basis for a common legal system and equality on other levels.
The law in the FRG
The greatest challenge from 1949 onwards was to create a uniform and constitutional judicial system and procedural law, after the legal systems in the individual zones had developed differently during the four years of Allied occupation. The foundation for this was the Constitution (GG), which focused on the fundamental rights of the individual.
One of the most important laws of that time was the Equal Rights Act of 1957, which at least partially eliminated discrimination against women in family law. From the late 1960s onwards, social reforms under Chancellor Willy Brandt brought numerous innovations: more civil rights, more self-determination, and greater gender equality. These included the abolition of discrimination against children born out of wedlock, a reduction in the age of majority from 21 to 18, and changes in divorce and criminal law. Controversial social issues such as homosexuality and abortion were also re-regulated. At the same time, case law and legal education were modernized.
Politics and law in the GDR
In the GDR, the legal system was shaped by the SED’s claim to leadership, which was enshrined in the constitution. There was no separation of powers based on the independence of the courts.
Over the years, the GDR developed its own legal system. Parts of the Civil Code (BGB) were replaced. In particular, property, patent, and inheritance rights were severely restricted, and contract law was subject to the planned economy. As in all real socialist states, a cross-societal and interdisciplinary labor law emerged in the GDR in the sense of a right to work. A separate criminal code was also created, which, in contrast to West German criminal law, continued to provide for the death penalty.
The Unification Treaty of August 31, 1990
Since 1990, the West German model has largely been transferred to the new federal states in the area of social security.
The Unification Treaty of August 31, 1990, and the accession of the eastern German states to the scope of the Basic Law led to the reunification of two societies and states with very different systems. The treaty regulated in detail which GDR laws could continue to apply permanently or on a transitional basis. In principle, however, the laws of the Federal Republic also came into force in the territory of the former GDR.
In addition, accession necessitated comprehensive changes, which came into force on October 3, 1990. These included accession-related amendments to the Basic Law, the harmonization of laws, and the reorganization of administration and public property.
Article 3 of the Basic Law, which guarantees equality before the law, is particularly important in this context. It was and remains a central benchmark for reunification and the social and legal adjustments that continue to this day.
Despite the creation of a uniform legal framework, challenges remain. Harmonization is a long process and growing together remains an ongoing task.