East-Treaties Constitutionality Case

Abstract

States as international persons — In general — Sovereignty and independence — In foreign relations — Conclusion of "EastTreaties" in 1970 between Federal Republic of Germany, Poland and USSR for normalization of relations — Individuals claiming that constitutional rights impaired by treaties — Action for temporary injunction to postpone entry into force pending final court decision — Power of Federal Constitutional Court to override elected political organs — Requirement of compelling reasons in the public interest — The law of the Federal Republic of Germany

Treaties — Conclusion and operation of — Ratification — Entry into force — Action for temporary injunction to postpone entry into force — Individuals claiming that constitutional rights impaired by treaties — Conditions for issue of injunction — Power of Federal Constitutional Court to override elected political organs — Requirement of compelling reasons in the public interest — “East-Treaties” for normalization of relations between Federal Republic of Germany, Poland and USSR, 1970 — The law of the Federal Republic of Germany

Treaties — Conclusion and operation of-Constitutional limitations — Judicial review by Federal Constitutional Court — Individuals claiming that constitutional rights impaired by treaties — Action for temporary injunction to postpone entry into force of treaties pending final court judgment — Conditions for issue of injunction — Power of Constitutional Court to override elected political organs — Requirement of compelling reasons in the public interest — “East-Treaties” for normalization of relations between Federal Republic of Germany, Poland and USSR, 1970 — The law of the Federal Republic of Germany