NCJ Number
80365
Journal
International Journal of the Sociology of Law Volume: 9 Issue: 4 Dated: (November 1981) Pages: 397-406
Date Published
1981
Length
10 pages
Annotation
Political repression in the Federal Republic of Germany represented by the term 'Berufsverbote,' is discussed.
Abstract
Discrimination toward and persecution of politically, ideologically, or racially defined enemies of the state ('Berufsverbote') is a standard theme of German history. This practice has continued even after the end of the Nazi period. In 1948-49, a militant anti-Communist stance pervaded West Germany. The Communist Party of Germany was decreed unconstitutional in 1956, and many party officers and members were sentenced to long prison terms. In 1968, however, the West German Legislature passed an amnesty for all persons jailed as Communists and changed the corresponding provisions of the penal code. While this marked the end of the criminalizing of the Communist in West Germany, it was not the termination of Berufsverbote. In January 1972, the so-called 'Radicals Decree' was enacted with the aim of keeping all political 'extremists' out of Government service. Every public agency or private agency doing business with the Government is required to investigate employment applicants' backgrounds to ensure that persons who have any affiliation with radical groups or movements are excluded from Government-related employment. This is in apparent violation of the constitutional guarantee that all Germans, regardless of their political, philosophical, or religious creeds, have the same chance to enter all forms of public employment. Although legal remedies are available for a person contesting a hiring refusal on the basis of political affiliation, the burden of proof is on the applicant, and procedural obstructions may drag a case out for years. Eleven references are listed.