"Non-Germans" Under the Third Reich (313 page)

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Authors: Diemut Majer

Tags: #History, #Europe, #Eastern, #Germany

BOOK: "Non-Germans" Under the Third Reich
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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

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