"Non-Germans" under the Third Reich: The Nazi Judicial and Administrative System in Germany and Occupied Eastern Europe, with Special Regard to Occupied Poland, 1939-1945 (Modern Jewish History) by Majer, Diemut -- Read -- Imperial Library of Trantor

Index

Title Page Contents Preface to the English-Language Edition Foreword to the Second German Edition (1993) Preface to the Second German Edition (1993) Foreword to the First German Edition (1981) Preface to the First German Edition (1981) Abbreviations List of Illustrations Introduction

I. The Tense Relations between State Leadership and State Administration in the National Socialist System of Government II. Law and Administration as Partly Autonomous Powers in the National Socialist System of Government

1. Persistence and Continuity 2. Structural Elements

III. Legal and Administrative Principles in the National Socialist State

1. The Führer Principle

a. The Concept b. The Making of an Absolute c. Effects on the Governmental Sector

aa. Outlines of the “Völkisch Constitution” bb. The Führer Principle and State Organization cc. The Führer Principle and the Administration of Justice

2. The Principle of the Primacy of Party over State (“Politicized Administration”)

a. The Integration of Party and State Personnel b. Organizational Integration of Party and State c. The Influence of the NSDAP on Government Personnel Policy d. Coordination (Gleichschaltung) of the Reich Administration: The Example of the Judiciary

3. The Principle of Völkisch Inequality (Special Law)

a. The National Socialist Idea of the Volksgemeinschaft as the Basis of Völkisch Inequality

aa. The Racial Basis of the Term Volksgemeinschaft bb. The Reinterpretation of the Concept of Race as the Idea of the Völkisch and Its Delineation in Constitutional Theory

b. The National Socialist Concept of Völkisch Equality c. The National Socialist Concept of Völkisch Inequality: The Principle of Special Law d. Targets for the Implementation of Völkisch Inequality

aa. Jews bb. Other “Non-German” Minorities cc. “Non-Germans” in General dd. “Racially Undesirable” Liaisons ee. “Undesirable” Persons or Groups: The Principle of Special Law as the Central Concept of National Socialism

e. Territorial Differences

PART ONE: The Principle of Special Law against “Non-Germans” in the Area of Public Law (General and Internal Administration with Supplementary Areas)

Section One: The Implementation of Völkisch Inequality in the Altreich

I. General Outlines II. Civil Service Law

1. The Law for the Restoration of the Professional Civil Service, April 7, 1933 2. The German Civil Service Code, January 26, 1937

III. Race Legislation in the Narrower Sense

1. The Law for the Prevention of Progeny with Hereditary Diseases (Eugenics Law), July 14, 1933 2. The Law for the Protection of German Blood and German Honor, September 15, 1935 3. The Law for the Protection of the Hereditary Health of the German People (Marital Hygiene Law), October 18, 1935 4. The Marriage Law, July 6, 1938

IV. Citizenship Law

1. The Law on the Revocation of Naturalization and the Deprivation of German Citizenship, July 14, 1933 2. The Reich Citizenship Law, September 15, 1935 (Reichsbürgergesetz) 3. Plans for New Regulations 4. The Position under Constitutional Law of the Jews with German State Subject Status Living Abroad: The Eleventh Decree to the Reich Citizenship Law, November 25, 1941 5. The Constitutional Status of “Non-German” Inhabitants of the Reich and the Occupied Territories: Conditional State Subject Status, Protected Status, and the Consequences (Ethnic Gradation)

V. Professional and Labor Law

1. Professions Subject to State Licensing

a. Attorneys and Related Professions b. Physicians and Related Professions

2. Other Liberal Professions 3. Labor Law

a. Jewish Workers b. Excursus: The Special Treatment of the “Alien Workforce”

VI. The Cultural and Social Sector VII. Commercial and Property Law

1. Measures for Dispossessing Jews of Their Property

a. Dispossession Measures Following the Reichskristallnacht b. The Decree on the Registration of Jewish Property, April 26, 1938, and the Decree on the Utilization of Jewish Property, December 3, 1938 c. The Eleventh Decree to the Reich Citizenship Law, November 25, 1941 d. The Dispossession of Jewish Property on the Basis of Other Regulations

2. The Treatment of Polish Property in the Altreich

Excursus: Tax Law VIII. Discrimination against “Non-Germans” in Public Life

1. Identification Requirements 2. Restrictions on Freedom of Personal Movement 3. “Non-German” Associations

Excursus: Police Law

1. Anti-Jewish Measures within the Purview of Traditional Police Law 2. Imposition of the Police Statutes on “Non-German” Workers in the Reich Territory

Conclusion

Section Two: The Implementation of Völkisch Inequality in the Annexed Eastern Territories

Introduction: Fundamentals of National Socialist Administrative Policy: The Exploitation and Expulsion of “Non-Germans”

I. Objectives and Outlines of the Implementation of National Socialist Policy II. The New Type of Administration in the Annexed Eastern Territories: The Primacy of the Party and the Separation of the Regional Administration from the Reich Administration III. Results

A. The Principal Features of the National Socialist Policy of Special Law: The Segregation of Germans and “Non-Germans” and the Greatest Possible Discrimination against “Non-Germans” B. The Manifestations of Special Measures: Exceptional Regulations on the Basis of the General Law or Overt Special Legislation? (The Struggle over the Adoption of the Prussian Law of Police Administration) C. Special Topics

I. The Social, Political, and Cultural Sector

1. The Transformation of State Pension Payments into “Welfare Subsidies” 2. The Prohibition of Political and Church Activities 3. Discrimination in the Education of “Non-Germans”

II. The Economic and Commercial Sector III. Civil Service Law IV. Professional and Labor Law

1. Professions Requiring State Licensing (Lawyers and Physicians) 2. Labor Law and Working Conditions

V. Citizenship Law for Poles and Other “Non-Germans” (the German Ethnic Classification List)

1. Point of Departure: Statelessness for All “Non-German” Inhabitants of the Annexed Eastern Territories 2. Decree on the German Ethnic Classification List and German Citizenship in the Annexed Eastern Territories, March 4, 1941 3. Questions of Interpretation regarding the Decree of March 4, 1941: The Concept of Being Capable of Germanization

VI. Marriage Law VII. Freedom of Movement and Personal Liberty VIII. Restrictions on Communication and Information Exchange among “Non-Germans” and the Confiscation of Cultural Goods IX. Food Supply

Section Three: The Implementation of Völkisch Inequality in the General Government

Introduction: The Fundamentals of National Socialist Administrative Policy: The General Government as a Model for Future German Colonies

I. Immediate Aims: A Military Staging Area, a Labor Reservoir, and Economic Exploitation II. Ultimate Aims: German Colonial Rule III. Legal Status: Borderland (Nebenland) of the Reich or Part of Reich Territory? IV. Principles of Administrative Policy and Their Results V. Principles of Administrative Organization: The Principle of Unified Administration VI. Actual Development: The Lack of Personnel and the Failure of the German Administration

A. Fundamentals: The Segregation of Germans and “Non-Germans” and the Discrimination against “Non-Germans” as Far as “Necessary”

I. Jews II. Poles

B. The Nature of the System of Special Law: A Normative System instead of Secret Guidelines C. Special Topics

I. The Cultural Sector II. The Economic and Commercial Sector

1. Polish Assets 2. Jewish Assets

Excursus: Tax Law

III. Civil Service Law IV. Professional and Labor Law

1. Professions Requiring State Licensing (Lawyers, Physicians, Etc.) 2. Labor Law

a. Polish and Jewish Personnel b. Consequences of the Arbeitseinsatz (Labor Allocation) Policy

Excursus: Social Welfare Law

V. The Legal Status of “Non-Germans” VI. Marriage Law VII. Public Health VIII. Freedom of Movement and Personal Liberty

1. Residential Restrictions and Ghettoization of the Jewish Population 2. Other Restrictions on Personal Freedom of Movement

IX. Restrictions on Communication and Information Exchange among “Non-Germans”

PART TWO: The Principle of Special Law against “Non-Germans” in the Field of Justice

Section One: The Implementation of Völkisch Inequality in the Altreich

A. Penal Law I. The General Thrust of National Socialist Policy in Penal Law

1. Rejection of the Established Principles of Law 2. The Main Contours of the National Socialist “Authoritarian Penal Law”

II. “Non-German” Offenders

1. The Introduction of Standards of Special Law 2. Discrimination against “Non-German” Offenders by a Harsher Interpretation of the Regular Law

III. The Situation of “Non-Germans” in Procedural Law

1. The Tightening Up of the Technical Jurisdiction Regulations (Discriminatory Jurisdiction) 2. The Situation of “Non-German” Defendants and Witnesses in the Penal Process 3. Final Objective: Exclusion of “Non-Germans” from the Whole Penal Procedure and Judicial Criminal Prosecution (Thirteenth Decree to the Reich Citizenship law)

Excursus: The “Rectification” of Justice by the NSDAP, the SS, and the Police

1. The Influence of the Party 2. The Influence of Hitler, the SS, and the Police Command

a. The Ousting of the Judiciary from the Field of General Criminal Jurisdiction b. The Judiciary’s Part in the Process of Its Displacement by the Police

aa. Institutionalized Cooperation: The Obligation to Provide Information and Channels of Information between the Judiciary and the Police and Party bb. Reactions of the Judicial Administration to Police Intervention: Basic Acceptance and Specific Criticism cc. Flight Forward as Response: Tightening Up Sentencing Practice dd. The Justice System Comes under the Control of the Police Command in 1942: Systematization

3. Police “Rectification” Measures in the Prosecution of “Non-Germans”

a. Collaboration between the Reich Ministry of Justice and the Police: “Non-Germans” Are Handed Over to the Gestapo b. Usurpation of Sentencing Powers in Specific Domains

aa. So-Called Political Crimes (Including Nacht und Nebel Cases and Racial and Sexual Offenses) bb. Labor Law Offenses

c. General Usurpation of Jurisdiction

aa. Decree of the Reichsführer-SS and Chief of the German Police, January 19, 1942 bb. The Circular of June 30, 1943, by the Reich Security Main Office (RSHA)

4. Judicial Consequences of the Usurpation of the Prosecution of “Non-Germans” by the Police

B. Civil Law

I. Main Elements of the Transformation of Civil Law on an Ethnic Basis II. The Principle of Völkisch Inequality in the Domain of Substantive Law

1. General Principles 2. The Main Areas of Discriminatory Practices

a. Family Law b. Inheritance Law c. Law of Tenancy d. Labor Law e. Commercial Law

III. Discriminatory Principles in Procedural Law

1. Discrimination against Jewish Judges and Lawyers 2. Discrimination against Jewish Parties (Legal Aid) and Witnesses: The Plan to Renounce from Legal Proceedings 3. Discrimination against Jewish Participants in the Estate Execution/Administration Process

Section Two: The Implementation of Völkisch Inequality in the Annexed Eastern Territories

Introduction: The Political Objectives in the Annexed Eastern Territories: Testing the Ethnic Struggle A. Stages in the Implementation of Völkisch Inequality

I. The Principle of the Analogous Application of German Law (October 1939–May 1940) II. From the Analogous Application of German Law to Special Law (Summer 1940–Fall 1941) III. The Establishment of Overt Special Law for “Non-Germans” (after Fall 1941)

B. Penal Law as a Central Element of the Special Law against “Non-Germans”

I. Principles of Substantive Special Penal Law

1. Decrees of the Military Administration 2. Führer Decree on the Division and Administration of the Eastern Territories, October 8, 1939 3. Decree on the Implementation of German Penal Law in the Annexed Eastern Territories, June 6, 1940 4. The “Special Penal Provisions for the Annexed Eastern Territories” in the Decree on the Implementation of German Penal Law in the Annexed Eastern Territories, June 6, 1940 5. The Decree on the Administration of Penal Justice against Poles and Jews (Decree on Penal Law for Poles), December 4, 1941

a. Basic Principles of the Decree on Penal Law for Poles and Its Justification b. Details of the Decree on Penal Law for Poles c. Plans by the Ministry of Justice to Extend the Decree on Penal Law for Poles

II. The Status of “Non-German” Individuals in Procedural Law

1. Special Courts as an Instrument for Combating “Non-German” Crime

a. Jurisdiction b. Proceedings

2. Procedural Discrimination against Poles and Jews under the Decree on Penal Law for Poles

III. The Elaboration of Special Law by the Courts: Overview of Sentencing Practice

Excursus: Encroachment upon the Jurisdiction of the Judiciary: Extension of Police Jurisdiction for Criminal Matters

1. Efforts by the Police to Create a Police “Penal Law for Alien Peoples” 2. Developments before the Coming into Force of the Decree on Penal Law for Poles: Arbitrary Acts and Police Court-Martial Jurisdiction 3. Developments Following the Coming into Force of the Decree on Penal Law for Poles

a. Continuation of Illegal Police Practices b. Legalization of the Jurisdiction of the Police Courts-Martial c. The Undermining of the Decree on Penal Law for Poles by Police Orders

C. Civil Law

I. “Analogous Application” of Civil Law II. Disputes between the Judicial Administration and the Political Powers about the Implementation of Civil Law III. Decree on the Implementation of Civil Law in the Annexed Eastern Territories, September 15, 1941 (Decree on the Civil Law in the East)

1. Substantive Law

a. The Principle of Political Reservation for the Application of German Law in the Annexed Eastern Territories (Sec. 4) b. Areas of Application of Section 4

2. Procedural Law

a. Rejection of Polish Claims on the Basis of “General Legal Principles” b. The Principle of Political Reservation toward Claims by Polish Nationals (Sec. 5) c. The Principle of Political Reservation for the Recognition of Decisions by Polish Courts and for Their Enforcement

Section Three: The Implementation of Völkisch Inequality in the General Government

Introduction: Main Contours of the Legal Policy: Continuation of Domestic Law and Primacy of the German Supervisory Authority A. The Function and Structure of the German Judiciary

I. Supervision of the Polish Judiciary II. The Adoption of the Principles of Reich Law

1. Supervisory and Control Powers 2. Review of Unappealable Decisions 3. The Structure and Organization of the German Judiciary

B. Criminal Law as the Principal Tool of Discriminatory Law (Special Law) against “Non-Germans”

I. The Basis of the Substantive Penal Law II. The Situation of “Non-Germans” under Procedural Law

1. The Special Courts as Instruments in the Struggle against “Non-German” Offenses

a. The Competence of Courts b. Procedure

2. Jurisdiction and Procedure of the “German Courts”

III. The Elaboration of Discriminatory Law by the Courts: A Review of Sentencing Practice

Excursus: The Criminal Jurisdiction of the Police

1. Summary Police Jurisdiction Following the Decree on Combating Acts of Violence in the General Government, October 31, 1939 2. The Extension of Police Summary Jurisdiction 3. Cooperation and Conflict between the Judiciary and the Police in the Criminal Prosecution of “Non-German” Offenders

C. Civil Law

I. Discriminatory Elements in Substantive Law II. Discriminatory Elements in Jurisdiction and in Procedural Law III. Summary

Conclusion

Appendixes

Appendix 1: The Reich Structure (State and Party) Appendix 2: The Wannsee Protocol of January 20, 1942 (English Version and Original German Version) Appendix 3: Area and Population of the Eastern Regions and the General Government Appendix 4: Poster Showing the Execution of Polish Defendants on June 4 and 9, 1942, in Poznan (Poland) Appendix 5: The Command and Administrative Structure of Police Forces in the General Government Appendix 6: Maps

German Administration of Europe, 1942 Greater Germany, 1944 Annexed Eastern Territories and General Government

Notes Glossary of Traditional German Legal Terms and National Socialist Legal Terminology Bibliography

Unpublished Sources Sources Published before 1981 Additions to the Bibliography (1993)

Index Illustrations About the Author Copyright

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