NCJ Number
66273
Journal
POLIZEI Volume: 69 Issue: 12 Dated: (DECEMBER 1978) Pages: 369-372
Date Published
1978
Length
4 pages
Annotation
THE WEST GERMAN 'RESOLUTION ON EXTREMISTS' (1972) BARRING POLITICAL RADICALS FROM HOLDING GOVERNMENT POSITIONS IS DEFENSIBLE.
Abstract
ACCORDING TO THE RESOULTION OF EXTREMISTS, ONLY APPLICANTS WHO ARE IN FULL SUPPORT OF THE FREE AND DEMOCRATIC CONSTITUTION OF WEST GERMANY AT ALL TIMES ARE ELIGIBLE TO HOLD GOVERNMENT POSITIONS. THE IMPLEMENTATION OF THIS PRINCIPLE REQUIRES THAT ALL PROSPECTIVE GOVERNMENT EMPLOYEES BE SCREENED BY THE DEPARTMENT OF THE INTERIOR FOR SUBWERSIVE ACTIVITIES; ONLY EVIDENCE WHICH IS ACCEPTABLE AS PROOF IN COURT IS RELEVANT. IF PERSONS ALREADY EMPLOYED BY THE GOVERNMENT ARE INVOLVED IN SUBVERSIVE ACTIVITIES, THEIR EMPLOYMENT IS SUBJECT TO TERMINATION. THE REGULATION APPLIES TO ALL FEDERAL GOVERNMENT AGENCIES AND IS RECOMMENDED FOR COMMUNAL AND STATE AGENCIES. THE CRITERIA FOR DETERMINING WHETHER APPLICANTS ARE SUPPORTIVE OF WEST GERMANY'S POLITICAL SYSTEMS ARE THEIR ACCEPTANCE OF (1) HUMAN RIGHTS AS OUTLINED IN THE CONSTITUTION (ESPECIALLY THE RIGHT TO LIFE AND THE PURSUIT OF HAPPINESS), (2) THE SOVEREIGN RIGHTS OF THE PEOPLE, (3) THE DIVISION OF POWER, (4) THE RESPONSIBILITY OF THE EXECUTIVE BRANCH TOWARDS THE OTHER BRANCHES, (5) THE INDEPENDENCE OF THE COURTS, (6) THE ADMINISTRATION OF THE COUNTRY ACCORDING TO LEGAL PRINCIPLES, (7) A PLURALITY OF POLITICAL PARTIES, AND (8) THE CONSTITUTIONAL RIGHT TO FORMING AN OPPOSITION. OPPONENTS WHO CONSIDER THE EXTREMIST REGULATIONS A VIOLATION OF THE EXTREMIST'S CONSTITUTIONAL FREEDOM OF SPEECH MUST BE DIRECTED TO PARAGRAPH 18 OF THE CONSTITUTION WHICH REVOKES FREEDOM OF SPEECH (AMONG OTHER CONSTITUTIONAL RIGHTS) IF PERSONS MISUSE THEIR CONSTITUTIONAL RIGHTS IN ORDER TO FIGHT THE CONSTITUTION. ALSO, THE EXTREMIST REGULATIONS ARE NOT REALLY NEW LAWS BUT ONLY SUMMARIZE PRINCIPLES WHICH HAD EXISTED IN THE CODES REGULATING GOVERNMENT EMPLOYMENT ALL ALONG. --IN GERMAN. (SAJ)