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Unification Treaty (August 31, 1990)

The Unification Treaty was the result of intense negotiations between the GDR and the FRG. It provided for the reorganization of the GDR’s administrative districts [Bezirke] into five federal states [Bundesländer] that would accede to the Federal Republic of Germany under the terms of Article 23 of the Basic Law. The treaty also addressed a myriad of legal and financial issues entailed in the introduction of the Federal Republic’s political, economic, and social structures in the new eastern states.

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The Federal Republic of Germany and the German Democratic Republic,
Resolved to achieve in free self-determination the unity of Germany in peace and freedom as an equal partner in the community of nations,
Mindful of the desire of the people in both parts of Germany to live together in peace and freedom in a democratic and social federal state governed by the rule of law,
In grateful respect to those who peacefully helped freedom prevail and who have unswervingly adhered to the task of establishing German unity and are achieving it,
Aware of the continuity of German history and bearing in mind the special responsibility arising from our past for a democratic development in Germany committed to respect for human rights and to peace,
Seeking through German unity to contribute to the unification of Europe and to the building of a peaceful European order in which borders no longer divide and which ensures that all European nations can live together in a spirit of mutual trust,
Aware that the inviolability of frontiers and of the territorial integrity and sovereignty of all states in Europe within their frontiers constitutes a fundamental condition for peace,
Have agreed to conclude a Treaty on the Establishment of German Unity, containing the following provisions:

Chapter I
Effect of Accession

Article 1
(1) Upon the accession of the German Democratic Republic to the Federal Republic of Germany in accordance with Article 23 of the Basic Law taking effect on 3 October 1990 the Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia shall become Länder of the Federal Republic of Germany. [ . . . ]
(2) The 23 boroughs of Berlin shall form Land Berlin.

Article 2
Capital City, Day of Germany Unity
(1) The capital of Germany shall be Berlin. The seat of the parliament and government shall be decided after the establishment of German unity.
(2) 3 October shall be a public holiday known as the Day of German Unity.

Chapter II
Basic Law

Article 3
Entry into Force of the Basic Law
Upon the accession taking effect, the Basic Law of the Federal Republic of Germany [ . . . ] shall enter into force in the Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia and in that part of Land Berlin where it has not been valid to date, subject to the amendments arising from Article 4, unless otherwise provided in this Treaty.

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