ANTI-TERRORIST LEGISLATION IN THE FEDERAL REPUBLIC OF GERMANY

• NCJ Number: 57976
• Author(s): M K RADVANYI
• Date Published: 1979
• Length: 148 pages
• Sale Source: National Institute of Justice/; Library of Congress
• Publication Type: Historical Overview
• Language: English
• Country: United States of America

Annotation

CONTROVERSIAL ANTITERRORIST LEGISLATION ADOPTED BETWEEN 1968 AND 1978 BY WEST GERMANY IS ANALYZED TO DISCOVER HOW TERRORISM CAN BETTER BE CONTROLLED IN WEST GERMANY WHILE PRESERVING DEMOCRATIC FREEDOM.

Abstract

THE GERMAN SYSTEM OF GOVERNMENT IS DESCRIBED AS A FEDERAL MULTIPARTY SYSTEM BASED ON DEMOCRATIC PRINCIPLES, WITH EQUAL CONSTITUTIONAL WEIGHT DIVIDED BETWEEN THE LAENDER AND THE FEDERATION. LOCAL GOVERNMENTS, HOWEVER, PLAY ONLY A VERY SECONDARY ROLE IN NATIONAL POLICY. THE FORMATION OF THE WEST GERMAN DEMOCRATIC GOVERNMENT IS TRACED FROM ITS INCEPTION UNDER THE WESTERN ALLIED COUNTRIES FOLLOWING WORLD WAR II. THE CONSTITUTIONAL ORDER AND THE GERMAN BASIC LAW ARE DESCRIBED WITH RESPECT TO THE LEGISLATIVE, EXECUTIVE, AND JUDICIAL BRANCHES OF GOVERNMENT AND THE MULTIPARTY SYSTEM, WITH SPECIAL ATTENTION TO THOSE ARTICLES PERTAINING TO HUMAN RIGHTS. WITH THIS BACKGROUND, THE BEGINNING AND DEVELOPMENT OF EXTRAPARLIAMENTARY OPPOSITION IS OUTLINED, WITH ITS CULMINATION IN THE LATE SIXTIES IN STUDENT UNREST, AND THE DEVELOPMENT OF EMERGENCY LEGISLATION IN 1968. ANTITERRORIST AMENDMENTS TO THE BASIC LAW ARE DETAILED, INCLUDING A DESCRIPTION OF THEIR LEGISLATIVE HISTORY AND THE TEXT OF THEIR STATE OF DEFENSE ARTICLES. FURTHER SPECIAL PROVISIONS ON CIVIL SERVANTS ARE DESCRIBED INCLUDING ARTICLES REGARDING THE GERMAN CIVIL SERVICE, THE CONCEPT OF A FREE DEMOCRATIC BASIC ORDER, THE REQUISITE OF LOYALTY TO THE CONSTITUTION, AND EXTREMIST GROUPS. RESOLUTIONS OF 1975 AND 1976, AND AMENDMENTS TO THE CRIMINAL LAW MADE BETWEEN 1974 AND 1976 IN RESPONSE TO PUBLIC PRESSURE ARE DESCRIBED ALONG WITH THE EFFORTS OF THE FEDERAL GOVERNMENT OF GERMANY TO COMBAT INTERNATIONAL TERRORISM. IT IS CONCLUDED THAT TRADITIONAL LEGAL METHODS ARE INADEQUATE TO SOLVE THE PROBLEM OF TERRORISM. SINCE TERRORISM IS A SOCIAL PHENOMENON, IT IS IMPERATIVE THAT THE SANCTIONS OF THE CRIMINAL LAW BE JOINED WITH BALANCED MEASURES TO IMPROVE THE SOCIAL ENVIRONMENT OF GERMAN YOUTH. THE TEXT OF THE EMERGENCY LEGISLATION AS TRANSLATED FROM GERMAN IS APPENDED. FOOTNOTES ARE PROVIDED. (MHP)