six weeks Ago, the German protection of the Constitution, announced that he was watching radical parts of the Alternative for Germany (AfD), because of possible anti-constitutional activities. Since then, the fear in the party. Civil servants, teachers, policemen, soldiers, judges, members of the my AfD are afraid of, in the future, drawbacks, and redundancies?
The party leadership to Alexander Gauland is concerned that public servants, drop your membership or sympathizers could not arise. The observation by the domestic intelligence service was a Problem, said Gauland, the “Frankfurter Allgemeine Zeitung”: “For civil servants, for teachers, for soldiers is to endure very difficult. The party needs but the number of such people from the middle class.”
radical judges
That concern is not unfounded is shown by the example of the radical AfD-politician Thomas Seitz. Seitz’s attorney. According to the judgment of the baden-württemberg judge service court he’s to lose now but his office and status of civil servants – and all of the acquired pension claims.
The “daily” is not put recently, the judicial justification for this unprecedented judgment is not yet final. In social media Seitz was referred to the judiciary, he is a member, as an “ethos of justice” and the state as an “instrument of Oppression”. Against both, he called for “resistance”. Thus, he had breached the beamtliche duty of loyalty, and the political moderation in a bid, decided by the court.
What officers?
Also, Jens Maier, recently chief of the radical right “wing” of the AfD, is classified by the protection of the Constitution as particularly suspicious, came with the authority in conflict. Maier served up a year ago in Dresden as a judge. In a speech he used to openly völkisch-racist vocabulary and praised the neo-Nazi party NPD, the Federal constitutional court attested to an “anti-constitutional attitude”. Maier was written reminded, the responsibility for sensitive cases has been withdrawn.
The law on civil servants defines what a teacher, a judge or a soldier is allowed and what is not. Like all citizens, they may engage in political activities of their party affiliation or attitude is in principle a private matter. However, they are subject to as a public servant special loyalty obligations that limit their freedom of expression: The duty of loyalty compels you to defend the free democratic basic order of the state “active”. The moderation commandment imposed on them, to criticize the government in an extreme way, not even in the leisure time. Officials would have to hold political, i.e. it is constitutive, so your position would be towards the General public and the neutrality duties of their office.
A large-scale Attitude assessment was not planned, a spokesman said.
interior Minister Horst Seehofer (CSU) recently announced that he’ll review the extent to which officials who were members of radical parties or groups, against their obligations, verse Tiessen. A large-scale Attitude assessment was not planned, a spokesman said. From Judgments of the Federal constitutional court shows, however, that loyalty to the Constitution in officials want more than just a “formally-correct, moreover, disinterested, cool, and inwardly distanced attitude towards the fundamental value decisions of the basic law”.
Even sharper with the requirements summarizes a report ordered by the AfD, even in the last few months, the prestigious lawyer Dietrich Murswiek. An official stay in the protection of the Constitution observed party, not so Murswiek hurt, he just from the fact of his duty of loyalty, but only under the condition that “he is fighting according to the Constitution, orientation of the party and of anti-constitutional activities within the party distanced”.
response to the ‘ 68
lawyers, commentators, and politicians across the political spectrum, however, warn against a new “radical”, directed this time against the right. In 1972, SPD Chancellor Willy Brandt, had responded to the Germany, the student movement of ‘ 68 with attitude tests, to prevent that Communists in the state service under the immigrant.
In the nearly twenty years that the decree’s validity had been checked, 3.5 million Germans. 1250 applicants were rejected because of their radical left-wing ethos, 250 from the government service to dismiss. For trained teachers, the Postman or a train driver, such a decision was practically a professional ban.
The large-scale “attitude to Snoop” joined in Germany soon, on the enormous resistance of liberal circles. Abroad, you responded anyway with a lack of understanding and criticism. As well as in the political center, the insight grew that the legislator had intervened too strongly in the freedom of speech, has been abandoned, the decree.
Today, the German state is challenged from the right. He has drawn his Lessons from history, it is likely to respond this time with a larger Eye.
(editing Tamedia)
Created: 28.02.2019, 06:19 PM
