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Federal Charter

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Federal Charter
TypeConstitutional treaty
Drafted1961–1964, Conference of The Hague
Signed19 September 1964
LocationRoyal Palace, Amsterdam
Effective1 January 1966
SignatoriesThe 22 member states of the European Federation

The Federal Charter is the constitutional treaty of the European Federation, signed by its 22 member states in Amsterdam on 19 September 1964, Founding Day, and in force since 1 January 1966. It replaced the wartime terms of the Treaty of Prague, under which the Federation had been constituted until the conclusion of a peace with the United States, and established the Federation without a time limit. It set the composition of the federal institutions, created federal citizenship, and included the Oder settlement, by which Germany transferred its territories east of the Oder to Poland.

Background

Article 1 of the Treaty of Prague constituted the Federation "for the duration of hostilities with the United States of America and until the conclusion of a peace". After the Cessation of 1947, parties in France and Britain argued that hostilities had ended and that the treaty had lapsed. In the Cessation Opinion of 14 March 1950 the Federal Court of Justice held that a cessation of hostilities is not a peace and that the treaty remained in force. The parties that had brought the case formed the Sovereigntist Restoration Front in 1951.

The Opinion left the Federation's existence dependent on the state of war with the United States. In 1960 the Federal Council proposed a permanent constitutional treaty, and the member states' governments negotiated it at the Conference of The Hague from 1961 to 1964.

Negotiation

The smaller member states would not accept a federation in which Germany, with about 80 million people, held a proportional share of the European Parliament. The Conference agreed a cap on any member state's share of seats at 15%, with one member per state in the Federal Council as under the Treaty of Prague. Germany's agreement to the cap was given together with the Oder settlement, negotiated alongside the Conference between the German and Polish governments.

Provisions

The Charter:

Oder settlement

Under the Oder settlement, an annex to the Charter, Germany transferred to Poland Silesia, Pomerania east of the Oder and southern East Prussia, with effect from 1 January 1966. Northern East Prussia, with Königsberg, remained German. No population was moved. Residents kept federal citizenship and chose German or Polish nationality; about 70% of those in the transferred territories chose German. The transferred districts are administered in both languages, and their cities have Polish and German official names: Wrocław and Breslau, Szczecin and Stettin. The Free City of Danzig, which had been under the Federation's protection since 1949, remained outside the settlement and outside the Federation.

Ratification

Twenty of the 22 member states ratified the Charter by parliamentary vote in 1965. Britain and Denmark held referendums: Britain ratified it with 52% of the vote on 24 June 1965, and Denmark with 61%. The Charter came into force on 1 January 1966.

Reception

The Sovereigntist Restoration Front opposed the Charter. In Germany its campaign against the Oder settlement used the slogan "Berlin sold Silesia for votes", and the Front won its largest vote in Germany in the German elections of 1965. After 1966 the question of the Federation's legal existence no longer arose. When the Mattawa Declaration of 1975 ended the state of war with the United States, it had no effect on the Federation's constitution.

See also

Categories: European Federation