* Report translated and edited by Dr. Kurt Wilk.

¹ Text of the Law in 1973 Bundesgesetzblatt, Pt. II, 421 (cited by court).

² Text of the Basic Law in 1949 Bundesgesetzblatt 1. English translation as currently amended published by German Information Center, New York; also, as amended to Jan. 1, 1966, in 3 A. J. Peaslee and D. P. Xydis (eds.), Constitutions of Nations 361 (3rd ed. 1965–70); as amended to May 31, 1971, in G. Goldman, The German Political System, Appendix C (1974).

³ Text of the Treaty and supplementary documents published in 1973 Bulletin (Press and Information Office of the Government of the FRG) 1841 (cited by court). Translated in English language edition of the Bulletin; English translation of the Treaty also in 12 ILM 16 (1973).

⁴ Text of the letter published in 1972 Bulletin, December 22; also in 11 Bundesminister für innerdeutsche Beziehungen, Texte zur Deutschlandpolitik 387 (1973).

⁵ 1973 Bundesgesetzblatt, Pt. II, 559 (cited by court).

⁶ Basic Law, Art. 93(1) No. 2, as implemented by Federal Constitutional Court Law 1951, §13 No. 6 and §76 No. 1 (cited by court). Text of the 1951 Law in 1951 Bundesgesetzblatt, Pt. I, 243; translated as amended to August 1963, by J. H. Herz, in L. W. Holborn, J. H. Herz, G. M. Carter (eds.), Documents of Major Foreign Powers 193 (1968).

⁷ Basic Law, Art. 59(2) (cited by court).

⁸ 1973 Neue Juristische Wochenschrift (NJW) 1540 col. 1.

⁹ As provided in Basic Law, Art. 79.

¹⁰ Ibid., citing the Court’s decision in an earlier phase of this case, 1973 NJW 1269. The Court did not indicate in any way what consequences could result or in what manner the responsible organs—primarily, presumably, the Federal Government—would have to answer for such consequences. In fact, in the present case, in which the appropriate instruments were exchanged on June 20, 1973, after submission of the case to the Court and prior to the final judgment of the Court, no adverse consequences resulted since the Court did not hold the Treaty to be unconstitutional.

¹¹ 1973 NJW 1540 col. 2.

¹² Basic Law, Preamble and Arts. 16, 23, 116, and 146 (cited by court).

¹³ 1973 NJW 1540 col. 2. In all passages quoted from the opinion of the Court, emphases, parentheses, and exclamation and quotation marks are reproduced as provided by the Court.

¹⁴ 2 Bundesverfassungsgericht, Entscheidungen (BVerfGE) 266, at 277 (1953 NJW 1057); 3 BVerfGE 288, at 319–20 (1954 NJW 465); 6 BVerfGE 309, at 336 and 363 (1957 NJW 705) (cited by court).

¹⁵ 1973 NJW 1540 col. 2.

¹⁶ Ibid.

¹⁷ Ibid.

¹⁸ 5 BVerfGE 85, at 126–28 (1956 NJW 1393); 12 BVerfGE 45, at 51–2 (1961 NJW 355) (cited by court).

¹⁹ 1973 NJW 1541 col. 2.

²⁰ 9 ILM 1026 (1970).

²¹ 10 ILM 127 (1971).

²² Basic Treaty, Arts. 2, 3, and 9 (cited by court). References by the court to certain treaties and instruments which remain unaffected are omitted.

²³ Basic Treaty, Preamble (6), Art. 7, and Additional Protocol (cited by court).

²⁴ Cf., for the Weimar Reich, 1 Lammers—Simons, Rechtsprechung des Staatsgemchtshofs 178, at 207; for the FRG, 1 BVerfGE 15, at 51 (1951 NJW 877) and 34 BVerfGE 216, at 230 (1973 NJW 609) (cited by court).

²⁵ 1973 NJW 1542 col. 1–2.

²⁶ 1973 NJW 1542 col. 2.

²⁷ 1973 NJW 1542 col. 2, 1543 col. 1.

²⁸ 1973 NJW 1543 col. 1; Basic Treaty, Art. 3(2), also Arts. 1, 2, 3(1), 4, and 6 (cited by court).

²⁹ Basic Treaty, Art. 6 (cited by court).

³⁰ Basic Law, Art. 23 (cited by court).

³¹ Basic Law, Arts. 16 and 116(1) (cited by court).

³² 1973 NJW 1544 col. 1.

³³ Ibid.

³⁴ 1973 NJW 1544 col. 2. Text of Agreement in 10 ILM 895 (1971); also in 66 AJIL 242 (1972).

³⁵ 1973 NJW 1945 col. 1; quoting Basic Treaty, Preamble.

³⁶ Ibid.

³⁷ Ibid.