German Federalism After Unification: The Legal/Constitutional Response

Abstract

The collapse of communism in East Germany and the resulting German unification produced a new focus on the operation of federalism in a unified Germany and on certain reforms concerning fiscal federalism and various constitutional amendments. The initial decisions about financing the new Länder in the East soon proved to be inadequate, and after much controversy a new “solidarity pact” was concluded between the federal and Land governments in March 1993. To counter recent trends toward increasing centralization, a constitutional commission proposed a number of amendments, now under consideration by the federal parliament, which would strengthen the Länder vis-à-vis the federal government. The Länder have also been concerned about the growing interference by Brussels in their affairs. As a result of recent changes in the Basic Law, they have strengthened their position in relationship to the federal government and the European Union.