DEPARTMENT OF STATE Memorandum of Conversation
DATE: December 5, 1952
SUBJECT: German Ratification of RDC and Contractuals
PARTICIPANTS: S - The Secretary GER - James W. Riddleberger Dr. Heins L. Krekeler, Charge d' Affaires Diplomatic Mission of the Federal Republic of Germany
Following the news from Bonn of the Chancellor's decision to postpone the third reading of the treaties in the Bundestag and to refer the matter to the Court, Dr. Krekeler expressed a desire to see the Secretary in order to acquaint him with the latest developments. This was arranged and Dr. Krekeler came in at noon today and informed us of the reasons behind these decisions.
Dr. Krekeler reviewed at some length the legal situation and what had previously taken place in Court actions in Germany inaugurated by the SPD. He explained how, following the failure of the SPD action, the President had intervened and requested an advisory opinion. Under the German legislation setting up the Constitutional Court, the Court was divided into two panels, each of which had competence in certain constitutional questions. Inasmuch as the SPD had now made public statements in the Bundestag questioning the legality of the EDC treaty, the Chancellor had the possibility of bringing a clear case before the Court. It was further more evident that this case should be heard by the second panel inasmuch as it was clearly competent to do so under German legislation. Therefore, the Chancellor had decided to settle the legal aspects of the question by himself announcing that the government would bring the case. This seemed to be the one way in which a clear decision could be obtained and Dr. Krekeler thought the Chancellor had acted wisely in view of the continued opposition to the treaties in Germany based upon legal issues. Dr. Krekeler was hopeful that the second panel of the Court would give a favorable decision.
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A discussion thereupon ensued as to what we might do to assist in the present difficulties. The Secretary explained to Dr. Krekeler that we had prepared a statement which we hoped the President would issue upon termination of the ratification debate. This statement had been prepared in anticipation of a favorable outcome of the third reading and would now have to be modified to meet the new circumstances. Dr. Krekeler thought that a statement should be issued, and he and Mr. Riddleberger subsequently conferred upon the nature of the statement.
It was agreed that Mr. Riddleberger would take up the statement with the White House and attempt to have it issues as promptly as possible. GER:JWRiddleberger:EMcG