"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)