Letter to the highes court of federal republic of germany

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GermanNationalAssembly
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Letter to the highes court of federal republic of germany

Post by GermanNationalAssembly » Thu Jul 12, 2018 5:03 pm

Constituent Assembly for the Federal State of Germany
VV/BSD - sand road 59 - 40878 Ratingen



Federal Constitutional Court
Castle district 3
76131 Karlsruhe, Germany


Motion of the Constituent Assembly for Germany to issue an immediate order of 3 July 2018


1) Declaration on the application

On account of its legal position under overriding international law and the associated right of
peoples to self-determination, the Constituent Assembly does not, in principle, have to submit
applications to any public body or court. This means that this formal application does not result in a
waiver of rights through recognition of the applicant and does not result in any loss of rights for the
applicant after or through the application procedure.
In consideration of social, political and legal questions of principle and form, the Council of the
Constituent Assembly has come to the conclusion that the legal request should provisionally be left
as a legal request in the form of an application in order not to deprive the high court of its own
capacity to act. The fulfilment of the desire for a joint execution of the assembly process is
conceivable on this side.
This pending application is made by the right holders within the Constituent Assembly, who are in
the possession of the pouvoir constituant and whose names and legal persons are not subject to the
law of the Administration of the Federal Republic of Germany (BGBEG Article 10, Paragraph 1 and
Article 7).
According to international law, the Constituent Assembly takes precedence over the Administration
of the Federal Republic of Germany (Article 25 of the Basic Law). The Federation of the Federal
Republic of Germany has thus recognised these legal rules.



2) Application

In view of the particular urgency of the matter, this request shall be made as an emergency request.
Herewith the Council of the Constituent Assembly for Germany, on behalf and on behalf of the
German people in the proven legal and succession of nationals of all former original subjects of
international law, submits the application,

2.1 to order this Constituent Assembly throughout the entire administrative territory of the United
Economic Area and thus the Administration of the Federal Republic of Germany,

2.2 the effects, duties and responsibilities of all persons living in the United Economic Area residents,
with generally understandable publications.

2.3 to demand all components, support and necessities from the public authorities and the
contractual media, such as the Broadcasting Council of the Administration of the Federal Republic of
Germany without restrictive measures, which are necessary for the public execution, explanation
and presentation of the meeting and are internationally customary.

and it is requested:

2.4 The order of the High Court of Administration Confederation of the United Economic Territory
Federal Republic of Germany in an enforceable copy
- one additional enforceable copy for each person within the administration to the Federal
Government of the Federal Republic of Germany.
- and to issue one further enforceable copy each for all administrative offices subordinate to the
Administration of the Federal Republic of Germany and sixteen state administrations and
furthermore to all other legislative, judicial and executive offices as well as to the Bundesbank and
the Bundeswehr.
- and also, to issue an enforceable copy on all public contractual media of the Association of the
Federal Republic of Germany.

2.5 Due to the unambiguity and clarity of the current legal situation, which is de jure and de facto
irrefutable, it is requested that the court's decision be published within a time limit of 24:00 CET on
or before 29 July 2018.
The application shall be sent as an original with a copy.



3) Reasons and evidence

The Basic Law for the Federal Republic of Germany of 23 May 1949 creates the legal prerequisites
for the Constituent Assembly within its sphere of influence and admits its legality without
conditions.

Rather, the unquestionable and thus legally compliant presentation of the legal position of the
Federal Republic of Germany as a federal trust administration in accordance with Article 133
requires and understands that GG, the implementation of Article 146 GG in conjunction with
international provisions in Article 25 GG, the implementation of the Basic Law as a mandate,
especially since the entries at the UN, as other international directories, do not permit any other
legal determination.

Explanation in detail:

3.1 Article 133 of the Basic Law of 23 May 1949 - "The Confederation shall enter into the Rights and
of the administration of the United Economic Area."

3.2 Article 146 of the Basic Law of 23 May 1949 - "This Basic Law, which applies to the entire German
people after completion of the unity and freedom of Germany, loses its validity on the day on which
a constitution comes into force, which was decided by the German people in free decision.

3.3 Article 25 of the Basic Law of 23 May 1949 - "The general rules of international law are part of
federal law. They take precedence over the laws and create rights and obligations directly for the
inhabitants of the federal territory."4) Legal references



4) Legal references

4.1 A Constituent Assembly is an internationally recognised act under international law and has a
higher legal status than the representative body of the people elected on the basis of the enacted
constitution (see Article 25 of the Basic Law). It is in the possession of the pouvoir constituant.
It is incompatible with this special position that restrictions are imposed on it from outside. Its
independence in fulfilling this mandate is not only in deciding the content of the future Constitution,
but also in the procedure in which the Constitution is drawn up.

4.2 UN Charter (UN Civil Pact I UN Social Pact) on the right of peoples to self-determination –

Article 1

(1) All peoples have the right to self-determination. By virtue of this right, they freely decide on their
political status and freely shape their economic, social and cultural development (see Article 146 of
the Basic Law).

(2) All peoples may freely dispose of their natural wealth and resources for their own purposes, without
prejudice to any obligations arising from international economic cooperation on the basis of mutual
benefit and international law. Under no circumstances must a people be deprived of its own means
of subsistence.

(3) The States Parties, including those States responsible for the administration of territories without
self-government and of trust territories (see Article 133 of the Basic Law), shall, in accordance with
the Charter of the United Nations, promote the realization of the right to self-determination and
respect this right.



5) Closing remarks

5.1 The expected and legally compliant instructions of the high court seised must be complied with
without restrictions by all public authorities of the Federal Administration of the Federal Republic of
Germany.

5.2 In accordance with the rules of international legal relations and international contract and
customary law, such as the present facts on the status of the Federal Government Administration for
the Federal Republic of Germany, no room for manoeuvre remains after examination of all available
facts than to decide in the sense of the application.

5.3 To assume that only an elected political level, irrespective of its interpretation in this or any
other people entity, would have the sole possibility of proclaiming and holding a Constituent
Assembly is in any way contrary to the rules which the Federal Republic of Germany and all other
organisations within the United Nations have submitted to without restriction.

5.4 The Constitution of the Constituent Assembly for the Establishment of a State in Germany is
complete and the capacity to conduct the Assembly with more than 10,000 registered passive and
active participants for the Federal State of Germany is given.

5.5 This application, for an immediate order, which consists of 5 pages and 13 appendices, i.e. a total
of 18 pages, will be published after an acknowledgement of receipt.


Yours sincerely

The Assembly Council of the Constituent Assembly for the Federal State of Germany
represented by the 1st Chairman on 03 July 2018

Uwe von Leonhard

and as a registered resident of the Federal Republic of Germany
Uwe Vossbruch

and represented by the other members of the First Council of the Constituent Assembly, whose
signatures are attached to a signature sheet. These annexes are an integral part of this application
letter.

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