A retrospective analysis of debates on the adoption of emergency legislation in Germany in 1968

The article provides a historical and legal analysis of the debates surrounding the adoption of Germany’s emergency legislation in 1968 (Notstandsgesetze). The main focus is on the complex process of the evolution of draft laws, which lasted over eight years (1960–1968) and became a unique example of an institutional search for a balance between security and democracy. The starting point of the study is a critical reflection on the experience of the Weimar Republic, in particular the abuse of emergency powers provided for in Article 48, which became an instrument for undermining parliamentary democracy and facilitated the rise of the National Socialists to power. The article analyzes the step-by-step transformation of approaches to the legal regulation of the state of emergency: from the first draft laws (1960–1962), which envisioned the centralization of executive power and restriction of rights without proper parliamentary control, to the compromise version of 1968, which integrated new provisions into the Basic Law (Articles 115a-115(1) GG). The main legislative drafts and the positions of the Social Democrats, CDU/CSU, trade unions, as well as the protest student movement – which played an important role in shaping the debate around the emergency laws – are considered. The influence of the international context (the Vietnam War, the May 1968 revolution in France, anti-authoritarian sentiments) on the formation of the legal and political atmosphere in Germany is emphasized. It is established that the adopted legislation was an attempt to combine the effectiveness of state response with the principles of liberal constitutional democracy: it established clear time limits, parliamentary oversight, the preservation of the Constitutional Court’s functioning, the inviolability of fundamental rights, and ensured the continuity of key state institutions even under crisis conditions. The author emphasizes that the German experience of emergency legislation is an important and unique source for Ukraine, which, in the context of a prolonged war, seeks to create its own balanced model of legal response while remaining faithful to democratic standards and the rule of law.