In case of 70th anniversary of Germany's Constitution

The right never dares to be a tool of politics, and vice versa, politics must consistently be an expression of the rule of law. Judicial decisions never dare be taken on the basis of party opportunism or, according to privileged persons, all are equal before the law. Neither with convictions nor with release should the impression of favouring be created; justice is independent. And shared justice should be respected by each individual and every institution. There are no mechanisms in Germany for executing the Constitutional Court's decisions, and it would be completely unimaginable that a decision would not be implemented, from the central level to the municipal level.

“Aware of his responsibility for God and men, inspired by will, as an equal member of a united Europe serving world peace, the German people on the basis of constitutional power have issued this constitution. “

With this awareness we celebrate today the 70th anniversary of the Constitution of the Federal Republic of Germany. With its 70 years, the Constitution can recall an exciting past, even though this age is not so old for a Constitution and a state.

I am often asked why I am personally, but even for the Germans in general, the principle and application of rule of law are of great importance. We've been burned by bitter experiences, because with the period of national-Socialism in our collective memory, one of the worst cases of lack of rule of law in the latest history has been repeatedly embedded. But the right seems to take the greatest sense of it today when it is not guaranteed, or is only partly guaranteed. If Hitler's assassination against Hitler had been successful on July 20, 1944, the first declaration of the Resistance government would have begun with the words: The first task is to restore the perfect greatness of the law. The government itself should be attentive to ward off any arbitrary action and therefore undergo regular public control. To fathers and mothers of the Constitution, this fact has left a mark and is kept in mind to this day: never more arbitrary acts, the law will be above all. To determine the importance of the Constitution in our daily lives, I beg you to follow me on a journey past, at the hour of the birth of the fundamental law.

It's 1949 in Bonn. It has been four years since the unconditional chapter of the German Armed Forces in World War II. Four years after the official end of the war and with it the state existence of Germany.

Germany was in a period marked by the administration of the invading Western powers, and the Soviet Union, as well as the consequences of national-Social tyranny. The population in its dailyity faced the consequences of a disastrous war. On people's heads the crimes committed, the excesses of violence and the issue of how they themselves should deal with all that had happened became a key concern.

At the same time, the people were also awaiting the Cold War, since tensions between the Western powers and the Soviet Union were rising and rising.

At this time, there was no common constitution of occupation areas.

By proposing military governors from the West, the prime ministers of the occupation areas were charged with drafting a new constitution to establish a West State.

Fundamentalal during the drafting of the Constitution was the final overcoming of national-Social structures and preventing the reinvigoration of a nationalist totalitarian Germany. The purpose that was to be achieved at any cost, and once for all, was to prevent the resurrection of a dictatorship. This was especially because taking power in 1933 had happened much faster than it could be perceived.

Before this historical background, the fundamental law can be interpreted as a concept contrary to the national-Social regime and to the structure, to detail it is designed to learn from past experiences and to be excluded from any repetition of such injustice.

This becomes even clearer with the involvement of eternal guarantees. Through eternal guarantee, it makes sure that no one can ever eliminate or change fundamental rights and misuse them for their own ends. Human personality and dignity represent the highest legal value within the constitutional rule. These rights the state dares never take over citizens, regardless of the position of any political grouping.

German confidence in today's state is largely connected directly with the Constitution and the accompanying mechanisms of control.

The key role in this is the Constitutional Court in Germany. Since 1951 as protector and guarantor of upholding the fundamental law, it contributes to its being respected by the state with all its decisions and legislation. The Constitutional Court decisions are irrevocable and binding for the constitutional organs of the federation and the Lend, as well as all courts and institutions.

The Constitutional Court gives life to the fundamental law through its decisions and sets new impulses.

Thus, citizens can address the Constitutional Court with a constitutional complaint if they are convinced that their fundamental rights were violated. It is this possibility that shows the combination of our lives with the constitutional right. The fundamental law stands as a cloud over all citizens and gives them assurances of legal law, regardless of what vital aspect, whether it is to participate in a demonstration, to practice a certain religion, or to exercise a profession.

The right never dares to be a tool of politics, and vice versa, politics must consistently be an expression of the rule of law. Judicial decisions never dare be taken on the basis of party opportunism or, according to privileged persons, all are equal before the law. Neither with convictions nor with release should the impression of favouring be created; justice is independent. And shared justice should be respected by each individual and every institution. There are no mechanisms in Germany for executing the Constitutional Court's decisions, and it would be completely unimaginable that a decision would not be implemented, from the central to the municipal level.

Just in the present time, in which not only in Europe, but worldwide, are the immediate trends of exclusion and isolation, the Constitution, with its commitment to serving peace in the world, completely lost no actuality. In that sense, the one with fundamental rights that guarantees can still serve both compasses and citizens.

For all of us living in Germany, the fundamental law is our common basis. A Constitution that protects each individual and guarantees each one a free and secure development of life. That's why the Constitution for us is the most precious gift of our citizenship, so today we want to remember and celebrate it especially. The Kosovo Constitution wants a similar development. Decisions are its accession and implementation by all institutions, as well as respect for all citizens.

(Autori is ambassador of the Federal Republic of Germany to Kosovo. Writing exclusively for “Koha Ditore“