auf Deutsch

The "Extremist Resolution", 28. January 1972
(decree on employment of extremists in the civil service)

In a discussion of the Federal Chancellor and the Prime Ministers of the Länder 28. January 1972 (on suggestion of the constant conference of the Ministers of the Interior of the Lander) the following principles were adopted:

1. According to the official laws in the federation and countries
   • An applicant may only be appointed into public service who guarantees that he is committed at any time to the liberal democratic constitutional structure in the sense of the Basic Law,
   • the officials are obligated to engage their self actively within and outside of the service for the preservation of this constitutional structure. These are compelling regulations.
2. Each individual case must be examined and decided on individually. The following principles are to be used:
   1. Applicant
      1. An applicant, who develops anti- constitutional activities, is not engaged into the public service.
      2. If a civil servant belongs to an organization, which pursues anti-constitutional goals, then this membership justifies doubts about whether he will be committed at any time for the liberal democratic constitutional structure. These doubts usually justify a refusal of the attitude request.
   2. Officials
      An official does not fulfil a civil servant position by actions or because of his membership in an organization of anti-constitutional objective due to the requirements of § 35 official civil service framework law (Beamtenrechtsrahmengesetz). He is obligated to, by his entire behaviour to commit to the liberal democratic constitutional structure in the sense of the Basic Law and to profess himself for its preservation. If this results in a breach of duty [Pflichtverstoß], it shall be for the employer to decide in each case what measures are to be taken.
3. For workers and employees in the public service apply to the respective tariff-contractual regulations the same principles apply accordingly.

Source: Bulletin of the Government of the Federal Republic of Germany no. 15 of 3 February 1972, p. 142 and
Ministerialblatt North Rhine-Westphalia 1972, P. 342.

Here is a better translation of the extremist resolution, but only an extract.

PS: The formulation "he guarantees that he is committed at any time ..." comes out of § 4 of the "Law for the re-establishment of the civil service" (Gesetz(es) zur Wiederherstellung des Berufsbeamtentums:  Imperial Law Gazette [Reichsgesetzblatt] 1933 I, S. 175-177, 389) from 23 June 1933, given by Adolf Hitler's government, due to the "enabling act" (Ermächtigungsgesetzes: Imperial Law Gazette [Reichsgesetzblatt] 1933 I, S. 141), which suspended parliament. Hitler demanded "commitment to national state", but the principal remained, that the citizen has to show his innocence by proving that doubts are not justified.

In case Vogt vs. Germany ( - 7/1994/454/535 - EuGRZ 1995, 590 - ) , Germany was condemned because of violations of freedom of opinion and freedom of association by the European Court of Human Rights (ECHR). But the German courts seem not to respect this and did not change praxis, because of a theory that "ECHR decisions are not directly applicable".

Links on subject:

• http://en.wikipedia.org/wiki/Berufsverbot
• http://www.h-net.msu.edu/~german/discuss/radikalenerlass/,
• http://www.gegen-berufsverbote.de/ with Schavan case: Schavan becomes minister in German federation,
• http://www.leksikon.org/art.php?n=296,
• McCarthy Era: Einstein's Advice to Frauenglass.

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