German Civil Service Act

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German Civil Service Act of January 26, 1937

The German Civil Service Act of January 26, 1937 ( RGBl. I, p. 39) placed civil servants in the service of the National Socialist movement. According to the preamble, a “ professional civil service imbued with the National Socialist worldview and loyal to the leader of the German Reich and the people , Adolf Hitler ” should become the “cornerstone of the National Socialist state”.

Jews had already been ousted and dismissed from civil servants due to the law on the restoration of the civil service ; this has now been stipulated again and supplemented by provisions for “ Jewish people who are versed ”. An age limit that discriminated against women in the case of civil servants for life had already been decided in 1933 and was only confirmed in 1937. Politically unpopular officials who held certain upper-level departments and the "cleansing" had escaped could now recall unobtrusive and in -waiting are mixed.

Position of officials

According to Article 130 of the Weimar Constitution , officials were “servants of the community, not of a party. All civil servants are guaranteed the freedom of their political views and freedom of association. ”In contrast, the civil servant was now expressly in a relationship of service and loyalty to the Führer personally and to the Reich (Section 1 (1)). He became the “executor of the state supported by the National Socialist German Workers' Party . The state demanded unconditional obedience and the utmost fulfillment of duties from the civil servant ... ”(Section 1, Paragraphs 2, 3).

Jews

According to Article 128 of the Weimar Constitution, all citizens were to be admitted to public office without distinction “in accordance with the law and in accordance with their qualifications and achievements” .

With the “ Law for the Restoration of the Professional Civil Service ” of April 7, 1933, the National Socialists had expected to be able to dismiss all Jewish civil servants. However , numerous Jews were spared by an exception regulation called for by Reich President Paul von Hindenburg , the front-line combatant privilege . Only after the “First Implementation Ordinance for the Reich Citizenship Law ” were all Jewish officials dismissed at the end of 1935.

Candidates for civil servants who had a Jewish spouse and were therefore considered to be “Jewish misbehavior” had been denied employment since June 1933 by an amendment to the Reich Civil Servants Act (Section 1a in the Reich Civil Servants Act of March 31, 1873 in the version of the Act of June 30, 1933). This provision was expanded in Section 25 of the German Civil Service Act: a civil servant was also not permitted to marry a “ Jewish mixed race ”; A special permit was required when marrying a “second degree half-breed” with only one Jewish grandparent. However, these legal provisions did not affect the “ German-blooded ” partner in an already existing “ mixed marriage ”.

Women

Section 28 (1) affirmed that female civil servants could only be appointed civil servants for life when they were thirty-five; for male officials this was possible at the age of twenty-seven. A similar provision had already been inserted in an amended version of the Reichsbeamtengesetz from 1933.

Waiting

The number of office holders who could be put on hold at any time without giving any reason was significantly expanded. According to Section 44, this now also included trustees of labor , district administrators , police directors and public prosecutors as well as some Wehrmacht officials .

Position of the Reich Minister

According to the Weimar Constitution, the Reich President appoints the Reich Ministers on the proposal of the Reich Chancellor (Art. 53). The Reichstag can force any Reich Minister to resign if he withdraws his confidence (Art. 54).

Since the unification of the offices of the Reich Chancellor and the Reich President by law of August 1, 1934 (RGBl. I 1934, 747), the "Führer" Adolf Hitler appoints and dismisses his Reich ministers himself. With the German Civil Servants Act (Section 156, Paragraph 1) It is now made clear that the Reich ministers are not only in a public-law office relationship with the Reich, but also with the “Führer”. They, too, personally swear loyalty and obedience to the “Führer” (§ 157). The oath of allegiance to the "Führer of the German Reich and People Adolf Hitler " was introduced by the law on the oath of the Reich ministers and members of the state governments of October 16, 1934 (RGBl. I 1934, 973).

Repeal of the law

With the resolution of the Greater German Reichstag on April 26, 1942 , the Führer principle was fully enforced and any remaining legal obligations (such as the official channels and superiors prescribed in the Officials Act of 1937 ) were lifted.

With the Control Council Act No. 1 concerning the repeal of National Socialist law of September 20, 1945, the law for the restoration of the professional civil service of April 7, 1933 was repealed, but not the German Civil Service Act of 1937 June 1949 reformed the civil service and human resources management in the United Economic Area with the aim of eliminating undemocratic practices and differential treatment.

With the announcement of June 30, 1950, the German Civil Service Act of 1937 was announced as the federal version of the German Civil Service Act . The German Civil Servants Act in the Federal Constitution was replaced and repealed by the Federal Civil Servants Act of 14 July 1953 for federal civil servants and the state civil servant laws for civil servants in the federal states and municipalities.

Wording (extract)

German Civil Service Act of January 26, 1937.

A professional civil service, rooted in the German people and permeated by the National Socialist worldview, which is loyal to the leader of the German Reich and the people, Adolf Hitler, forms a cornerstone of the National Socialist state. Therefore, the Reich Government has passed the following law, which is hereby promulgated:

Section I. Civil servants

§ 1. (1) The German civil servant has a public service and loyalty relationship with the Führer and the Reich (civil servant relationship).

(2) He is the executor of the will of the state supported by the National Socialist German Workers' Party.

(3) The state demands unconditional obedience and extreme fulfillment of duties from the official; for it he secures his position in life.

§ 2. (1) The employment relationship with the Reich is either direct or indirect.

(2) Who is the direct employer of the civil servant results from the structure of the public administration.

(3) If the official has only the Reich as his employer, he is a direct Reich official; if he has another direct employer, he is an indirect Reich official. When the employer changes, the previous direct employment relationship ends.

(4) The highest service authority of the civil servant is the highest authority of his immediate employer.

(5) A superior is the person who is responsible for civil service decisions on the personal affairs of the civil servant who is subordinate to him. A superior is someone who can give instructions to a civil servant for his official work. Who is the superior is determined by the structure of the public administration.

Section II. Obligations of officials

1 General

§ 3. (1) The appointment to the civil servant relationship is a vote of confidence of the state leadership, which the civil servant has to justify by the fact that he is always aware of the increased duties that his position imposes on him. The Fiihrer and Reich demand genuine patriotism, willingness to make sacrifices and full dedication of the labor force, obedience to superiors and camaraderie with regard to employees. He should be a model of faithful fulfillment of duty for all comrades. He has to remain loyal to the Fiihrer, who assures him of his special protection until death.

(2) The civil servant must stand up unreservedly for the National Socialist state at all times and be guided in all his behavior by the fact that the National Socialist German Workers' Party, in indissoluble ties with the people, is the bearer of the German state idea. He has to bring to the knowledge of his superior about events that could endanger the existence of the Reich or the National Socialist German Workers' Party, even if they did not become known to him through his office.

(3) The civil servant is responsible for the conscientious fulfillment of his official duties. Through his behavior in and outside of the office he has to show himself worthy of the respect and trust that are placed in his profession. He must not allow a family member belonging to his household to engage in dishonorable activity.

2. Oath of allegiance

§ 4. (1) The official affirms the special bond with the Fiihrer and Reich with the following oath, which he has to take when starting his first service:

"I swear: I will be loyal and obedient to the leader of the German Reich and the people, Adolf Hitler, observe the laws and conscientiously fulfill my official duties, so help me God".

(2) If a law permits members of a religious society to use other form of protest in place of the oath, the civil servant who is a member of such a religious society can use this formula of protest.

(3) If the official declares that he has reservations about taking the oath in religious form, he can take it without the closing remarks.

Further paragraphs of Section II are

  • 3. Restrictions on performing official acts
  • 4. Duty of obedience
  • 5. Official secrecy
  • 6. Outside employment and accepting rewards
  • 7. Working hours, vacation, home and uniform

Web links

Individual evidence

  1. ↑ Act No. 15 Administrative Members of the Administration of the United Economic Area of June 15, 1949. verfassungen.de, accessed on August 21, 2018
  2. ↑ Federal Law Gazette p. 279
  3. ↑ BGBl. I p. 551
  4. ↑ quoted from www.verfassungen.de