Bavaria: another case of a right to decide?

Abstract

This paper analyses the possible existence of a Bavarian right to decide, including the independence option. In conclusion, there is no such right under international law or the German constitution. Bavaria has not been conquered, nor has the German fiscal regime been set up without Bavarian representation. In spite of the long political history of the country, Bavarians are not seeing themselves as a “Nation”. The argument is also weakened by existing cultural and linguistic particularities inside the country. If at all, Bavaria’s independence could only be justified by a majority decision, either in a referendum or by parliamentary majority as in the Kosovo case, arguing at the same time that Bavaria would be a viable state in Europe, and that it would offer inner minorities like the Franconians to decide on their own account whether to remain. However, according to poll data and considering the current party system, there is not the slightest possibility for such a majority for independence.