Law on the rebuilding of the empire
The law on the reorganization of the empire of 30 January 1934 short (Imperial) Neuaufbaugesetz was a change in the Weimar Constitution in the wake of the Nazi regime operated DC circuit . It was the Reichstag adopted and of Reich President Paul von Hindenburg , Chancellor Adolf Hitler and the Interior Minister Wilhelm Frick issued .
Content and consequences
Through the Reich Reconstruction Act, the sovereignty of the states of the German Reich , which were now directly subordinate to the Reich government, was abolished . This led to an intensification of imperial power and a loss of the quality of the state in the states. With the so-called Prussian Strike of July 20, 1932, the then Chancellor Franz von Papen replaced the SPD- led government of the largest country, the Free State of Prussia , with a Reich Commissioner . Since the Enabling Act of March 24, 1933 , the Reich government acted as legislature alongside the Reichstag and the Reichsrat . The “Law on the Rebuilding of the Reich” also made the Reichsrat superfluous and finally repealed with the law of February 14, 1934 ( RGBl. I p. 89). As a result of this change, the German Reich finally changed from a federal state to a central state , and the dictatorial rights of the NSDAP were once again expanded.
With the expiry of the sovereignty of the countries, their right to give their citizens their respective citizenship no longer applies. The regulation of citizenship now also became a matter for the central state. So on February 5, 1934, the ordinance on German citizenship was issued . In § 1 it said that the citizenship in the federal states ceases to exist. There is only one German citizenship (Reich citizenship) . Thus, the co-ordination of the federal states resulted in the introduction of exclusively German citizenship. Until then, the citizens of Baden, Bavaria, Hesse, Prussia, etc., and with their state citizenship, were also German citizens.
Several ordinances have been issued on the basis of the Reich Reconstruction Act:
- the First Ordinance on the Rebuilding of the Reich of February 2, 1934;
- the Second Ordinance on the Rebuilding of the Reich of November 27, 1934;
- the Third Ordinance on the Rebuilding of the Reich of November 28, 1938;
- the Fourth Ordinance on the Rebuilding of the Reich of September 28, 1939.
As a result of this law, which abolished the state parliaments with effect from January 30, 1934 , the Reichsrat was immediately repealed and in the same year Hitler was installed in the functions of Reich President . The provision of the Enabling Act to leave the existence of the Reichsrat and the rights of the Reich President untouched was thus formally circumvented. However, one must bear in mind that the one-party Reichstag of November 1933 was itself a product of conformity, but that this took place on the basis of the Enabling Act. Therefore, the extension of the constitutional amendment powers beyond that law may have been done by a Reichstag, but is ultimately due to the Enabling Act, which can ultimately be described as a breach of the constitution . The other ordinances transferred the Prussian administrative structure to the Reich and in 1939, for example, also renamed the Baden and Bavarian district offices , the Württemberg Oberamt or the Saxon administrative authorities to " district ".
The states remained as administrative units within the empire; Their governments were subordinate to the centrally appointed Reich governors and thus executive organs of the central state. The Greater Hamburg Act of 1937, which u. a. lifted Lübeck's independence .
Repeal and continuation
While retaining the German citizenship, the law on the rebuilding of the Reich was effectively repealed after the collapse of the Nazi regime in 1945 with the takeover of government by the Allies and the Allied Control Council and the reintroduction of countries by the respective occupying powers . After the state reorganization of Germany , the repeal took place formally through the enactment of the Basic Law for the Federal Republic of Germany of May 23, 1949 in Art. 123 para. 1 in conjunction with Art. 28 and 30 GG in the West German states and through Art. 144 para. 1 in conjunction with Art. 109 and Art. 111 of the Constitution of the German Democratic Republic of October 7, 1949.
See also
Individual evidence
- ↑ RGBl. I p. 75
- ↑ RGBl. I p. 85 ff.
- ^ First ordinance on the rebuilding of the empire , full text.
- ^ Second ordinance on the rebuilding of the empire , full text.
- ↑ Quarterly Issues for Contemporary History (VfZ), 30th year 1982, 1st issue (PDF, 168 pages; 7.9 MB).
- ^ Third ordinance on the rebuilding of the empire , full text.
- ^ Fourth ordinance on the reconstruction of the empire , full text.
- ↑ Eugen Ehmann / Heinz Stark, German Citizenship Law , 8th edition 2010, p. 26 .
- ↑ Cf. Andreas Dietz , The Primacy of Politics in the Imperial Army, Reichswehr, Wehrmacht and Bundeswehr , Mohr Siebeck, Tübingen 2011, p. 352 .
- ^ The constitution of the German Democratic Republic of October 7, 1949.
