Yearbook of European Law - Vol. 3

Yearbook of European Law - Vol. 3

Yearbook of European Law - Vol. 3

Yearbook of European Law - Vol. 3

Excerpt

In the absence of dramatic headlines in the period since the signing of the Quadripartite Agreement of 3 September 1971 the impression may have developed among the public that Berlin's position has been 'normalized', that East Berlin is part of the German Democratic Republic and West Berlin in effect part of the Federal Republic of Germany, in short that a ' Berlin problem' no longer exists. The Quadripartite Agreement has indeed reduced the practical difficulty of many Berlin issues - access, external representation etc - but it has in no way altered the fundamental legal problems. And certain matters, including the complex question of Berlin's position within the European Communities, have remained particularly sensitive, even at the height of East- West detente1.

That Berlin2 continues to have a special legal status, and that this has practical consequences for its position within the European Communities, has been illustrated recently by the action taken concerning two EEC Directives in the field of civil aviation. In each case, the FRG informed the EC Council that, because of Allied reserved powers, the Directive did not cover Berlin, and the Allies for their part stated formally that the Directive could not apply in relation to Berlin. The operative part of the Allied . . .

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