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Clarifying the German Constitution

Here you can read, why including a prohibition of arms exports in Article 26 paragraph 2 of the German Constitution would imply clarifying the Constitution.

  1. Article 1 paragraph 2 of the German Constitution is to be understood in the context of the bid for peace in the preamble to the Constitution and the unconstitutionality of any peace-disrupting actions (Article 26 Paragraph 1 German Constitution). The writers of the Constitution will not have had the current dimensions of German weapons and arms exports in mind when the Constitution was drafted in 1949, as the current situation was in no-one’s’ interest so shortly after the war. Therefore, the claim for clarifying that weapons for use in combat and other armaments are generally not exported is what the constitutional fathers had in mind originally.
  2. The word generally and the following sentence Any further detail is regulated by the German Arms Export Law was inserted due to the circumstances that according to the higher-ranking EU law certain arms-related supplies are no longer limited by national law. These and a few other exceptions need to be re-regulated in an arms export law.
  3. The first paragraph of Article 26 paragraph 2 remains, however the following sentence The Law (Bundesgesetz) regulates the details will be clarified by adding that in fact the control law regulating combat weapons is referred to. Former Defence Minister Franz Josef Strauß was actively involved in the system break which took place in 1961 and changed the word one Federal law de facto into two laws. The production and transport of weapons and armament within Germany was regulated by the strict Law regulating combat weapons, whereas the export of these same goods was overseen by the relaxed Foreign Trade Law which serves free international trade.

By clarifying the Basic Law this campaign aims at giving the legislative power greater force and drawing back the executive significantly in its capacity as uncontrolled licensing authority and bind it to the Constitution by means of a general prohibition.