Michael Csaszkóczy

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Michael Csaszkóczy (born May 6, 1970 in Heidelberg ) is a German teacher and anti- fascist activist. He became known through the ultimately unsuccessful attempts by Baden-Württemberg and Hesse to refuse him a position as a teacher because of doubts about his loyalty to the constitution.

School and study

After graduating from high school in Heidelberg in 1989, Csaszkóczy initially took up university studies until he switched to the Heidelberg University of Education in the 1996 summer semester to study history with the minor subjects German and art for the teaching post at secondary schools. He passed the first state examination in 2000 with a grade of 1.5, the second in 2002 with a grade of 2.0.

Legal dispute over employment in the state school service

Csaszkóczy is a member of the federal board of the Rote Hilfe eV As one of the spokesmen for the local autonomous scene, he was observed by the Office for the Protection of the Constitution for ten years. In particular, he was charged with two sentences from a policy paper of his Antifa initiative. There it says: "We consider militancy, which is characterized by appropriate purposefulness, permanent self-reflection, consistent weighing and a high sense of responsibility on the part of those involved, as a legitimate means in the struggle for liberation." do not change anything fundamental ”. From 2004 to 2007 he had used the State doubts about his loyalty to the constitution as a teacher disbarment . In 2007, this professional ban was declared in the last instance to be contrary to fundamental rights.

Administrative decisions

By decision of August 26, 2004, the Baden-Württemberg high school authority in Karlsruhe refused to accept Csaszkóczy as a teacher in the Baden-Württemberg state service because he was involved in the Anti-Fascist Initiative Heidelberg (AIHD), which is classified as left-wing extremist by the protection of the constitution. In addition, Csaszkóczy refused to distance himself from texts by the group, within which “militancy” is described as a legitimate means in the struggle for liberation. The reason given by the Baden-Württemberg Ministry of Culture was that it “does not guarantee that we will always fully support the free democratic basic order ”.

On September 2, 2005, the Hessian education authority Bergstrasse also rejected the appointment of Csaszkóczy because of doubts about his loyalty to the constitution.

Administrative judgments

The administrative court in Karlsruhe confirmed on 10 March 2006, the decision of the Higher Education Authority in Karlsruhe not to set Csaszkóczy, and made an appeal against that judgment at first not to.

The Baden-Wuerttemberg Administrative Court (VGH), however, allowed Csaszkóczy's appeal on August 4, 2006, "because [the] success of the appeal process was open and there were therefore serious doubts about the correctness of the judgment." In the main hearing, the VGH did not follow the lower court and changed its judgment in response to the plaintiff's appeal. It was decisive for the VGH that the authority did not adequately consider essential assessment elements in its unfavorable prognosis - such as the behavior of the plaintiff in the already completed preparatory service - and did not meet the requirements for a careful and complete assessment of the facts and the person of the plaintiff be. Even the “list of sins” held in front of Csaszkóczy with numerous individual incidents was not suitable to justify the assumption of lack of loyalty to the constitution.

The Darmstadt Administrative Court also overturned the refusal notice from the Bergstrasse Education Authority and obliged the State of Hesse to make a new decision on the suspension, taking into account the legal opinion of the court. As a justification, the court stated in the oral judgment that the challenged decisions were based on an inadequate basis for the decision. With regard to the alleged doubts about the plaintiff's loyalty to the constitution, a case-by-case examination relating to his person is required, which did not take place in this form. In the context of the new decision of the plaintiff, the State of Hesse was prevented from resorting to the reasons that supported the decisions at issue. In the context of the decision to be taken, the fundamentally guaranteed legal positions of the plaintiff for equal access to public offices based on performance, suitability and qualifications according to Article 33.2 of the Basic Law and the prohibition of discrimination contained in Article 33.3 sentence 2 of the Basic Law were also to be considered to be included in the weighing up with regard to belonging or not belonging to a creed or a worldview.

Hiring and compensation

Due to the VGH court ruling, the Ministry of Education and Cultural Affairs in Baden-Württemberg offered Csaszkóczy a teaching position at the secondary school in Eberbach at the beginning of the 2007/08 school year . He has been teaching there since mid-September 2007. In April 2009, the Karlsruhe Regional Court sentenced the State of Baden-Württemberg to pay 33,000 euros in damages.

Unlawful surveillance by an undercover investigator from the LKA Baden-Württemberg

Csaszkóczy (and numerous other Heidelberg students) was illegally monitored from - at least - April 2010 to December 12, 2010 by an undercover investigator from the LKA Baden-Württemberg.

Conviction for trespassing

In September 2018, Michael Csaszkóczy was sentenced by the Heidelberg District Court for trespassing to a fine of 20 daily rates of 80 euros. According to the court he had to him by the Members of Parliament at an AFD event in the local public library Rüdiger Klos pronounced banned ignored and had then carried by five policemen from the hall are. Csaszkóczy stated that his participation in the event was protected by the freedom of assembly under Article 8 of the Basic Law and announced an appeal against the judgment.

See also

swell

  1. ^ Reasons for the decision of the Karlsruhe Administrative Court on March 10, 2006
  2. ↑ "The ban was a full-time job." In: jungle-world.com. Retrieved November 27, 2016 .
  3. ^ The case of Michael Csaszkóczy
  4. ↑ Jochen Leffers: Professional ban: Left teachers are not allowed to teach in Hessen either. In: SPIEGEL ONLINE. September 7, 2005, accessed on November 27, 2016 (German).
  5. ↑ Appeal procedure: Az. 4 S 1805/06
  6. ↑ Press release VGH , March 14, 2007
  7. ↑ Darmstadt Administrative Court, file number 1 E 1247/06
  8. ↑ Jochen Schönmann: Antifa is now allowed to teach ( memento of the original from May 4, 2009 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. The daily newspaper, September 6, 2007 @1@ 2Template: Webachiv / IABot / www.taz.de
  9. ↑ Land must pay left teachers 33,000 euros Spiegel Online from April 28, 2009
  10. ↑ Report from observer news: No Stasi methods on the Neckar!
  11. ↑ Press release of the VG Karlsruhe on the judgment of August 26, 2015 (Az .: 4 K 2107/11 to 4 K 2113/11)
  12. ↑ Holger Buchwald: Left teacher convicted of trespassing. Rhein-Neckar-Zeitung, September 15, 2018, accessed on September 22, 2019 .
personal data
SURNAME Csaszkóczy, Michael
BRIEF DESCRIPTION German teacher, anti-fascist activist
DATE OF BIRTH May 6, 1970
PLACE OF BIRTH Heidelberg