The Law for the Restoration of the Professional Civil Service (German : Gesetz zur Wiederherstellung des Berufsbeamtentums, shortened to Berufsbeamtengesetz), also known as Civil Service Law, Civil Service Restoration Act, and Law to Re-establish the Civil Service, was enacted by the Nazi regime in Germany on 7 April 1933. This law, which followed Adolf Hitler's rise to power by two months and the promulgation of the Enabling Act by two weeks, constituted one of the earliest instances of anti-Semitic and racist legislation in Germany.
The primary objective of the law was to establish a "national" and "professional" civil service by dismissing certain groups of tenured civil servants. Individuals of non-Aryan origin, particularly those of Jewish descent, were compelled to retire, while members of the Communist Party or affiliated organizations were to be terminated from their positions. Additionally, the law forbade Jews, non-Aryans, and political opponents from holding positions as teachers, professors, judges, or within the government. Its reach extended to other professions such as lawyers, doctors, tax consultants, musicians, and notaries. Initially, the law sought the dismissal of all non-Aryan civil servants, but subsequent amendments were introduced to exempt World War I veterans, individuals serving since August 1914, and those who had lost family members in the war.
This law represented a significant turning point for German Jewry, prompting notable figures such as Albert Einstein to resign and emigrate prior to being forcibly expelled. Another provision aimed to remove personnel deemed unreliable due to their political beliefs. The legislation defined Aryan lineage and established a distinction between Aryans and non-Aryans. It also included provisions for compulsory retirement and the requirement of providing evidence of Aryan ancestry. A series of related ordinances were issued to implement the law and introduce further regulations.
Article 1 of the Law claimed that in order to re-establish a "national" and "professional" civil service, members of certain groups of tenured civil servants were to be dismissed. [1] Civil servants who were not of Aryan descent were to retire. Non-Aryans were defined as someone descended from non-Aryans, especially those descended from Jewish parents, or grandparents. [2] Members of the Communist Party, or any related or associated organisation were to be dismissed. [3] This meant that Jews, other non-Aryans, and political opponents could not serve as teachers, professors, judges, or other government positions. Shortly afterwards, a similar law was passed concerning lawyers, doctors, tax consultants, musicians, and notaries.
As the law was first drafted by the Interior Minister Wilhelm Frick, all those of "non-Aryan descent" were to be fired immediately at the Reich, Länder and municipal levels of government. However, the President of Germany, Paul von Hindenburg objected to the bill until it had been amended to exclude three classes of civil servants from the ban:
Hitler agreed to these amendments and the bill was signed into law on 7 April 1933. [5] In practice, the amendments excluded most Jewish civil servants; after Hindenburg's death in 1934, the amendments were superseded completely by the Nuremberg Laws. Nonetheless, passage of the law was a crucial turning point in the history of German Jewry, for it marked the first time since the last German Jews had been emancipated in 1871 that an anti-Semitic law had been passed in Germany. In one particularly notable example of the law's effect, Albert Einstein resigned his position at the Prussian Academy of Sciences and emigrated to the United States before he could be expelled.[ citation needed ]
Article 4 of the Law ("Civil servants who, after their previous political activities, cannot guarantee that they will always stand up for the national state without reservation[…].") had the intention to remove all personnel that, because of their political views, could not be relied upon by the Party to execute its wishes (Gleichschaltung). This Article 4 affected all Germans irrespective of their "racial" origins.
Following the decree, Albert Gorter redefined the term 'Aryan' in the Aryan paragraph as:
The Aryans (also Indo-Germans, Japhetiten) are one of the three branches of the Caucasian (white race); they are divided into the western (European), that is the German, Roman, Greek, Slav, Lett, Celt [and] Albanesen, and the eastern (Asiatic) Aryans, that is the Indian (Hindu) and Iranian (Persian, Afghan, Armenian, Georgian, Kurd). Non-Aryans are therefore: 1. the members of two other races, namely the Mongolian (yellow) and the Negroid (black) races; 2. the members of the two other branches of the Caucasian race, namely the Semites (Jews, Arabs) and Hamites (Berbers). The Finns and the Hungarians belong to the Mongoloid race; but it is hardly the intention of the law to treat them as non-Aryans. Thus … the non-Jewish members of the European Volk are Aryans... [6]
However, this definition was unacceptable because it included non-European races. [6] Achim Gercke later redefined this unacceptable definition as the one already used by the Expert Advisor for Population and Racial Policy which stated "An Aryan is one who is tribally related to German blood. An Aryan is the descendant of a Volk domiciled in Europe in a closed tribal settlement since recorded history." [6] This new definition allowed the Civil Service Law to differentiate between 'Aryans' and 'non-Aryans'. However, the quantity of how much Jewish blood an individual was allowed to have until it was considered to damage the German Volk remained untenable. [7]
(The following is translated from the German version of this page.) Political opponents of national socialism ("Officials who, on account of their past political activities cannot guarantee that they have always acted wholeheartedly for the national state") should either be forced into retirement or let go from their jobs.
Moreover, civil servants should be let go if they had started their jobs after 1918 and were now unable to demonstrate that they had acquired all the training necessary for their careers. These people were called "membership book officials (Parteibuch-Beamte)" in the language of National Socialist propaganda.
According to § 3 (1) of the "First Ordinance for the accomplishment of the Law for the Restoration of the Professional Civil Service, the first definition of a Jew was defined as:
A person is to be considered non-Aryan if he is descended from non-Aryan, and especially from Jewish parents or grandparents. It is sufficient if one parent or grandparent is non-Aryan. This is to be assumed in particular where one parent or grandparent was of the Jewish religion. [8] [9]
They could be let go or prematurely forced into retirement. According to § 3 (2), however, "non-Aryan" officials should be left in their positions if they had occupied those positions since a date before August 1914. Those Jewish civil servants who had a son or father who had been killed in the First World War were also spared from being sacked. This loophole also applied to "Frontkämpfer" (Front-line soldiers) (see Frontkämpferprivileg). All persons in the civil service would have to be able to produce the Ariernachweis (proof of Aryan ancestry) in order to prove that they had no ancestors of the Jewish faith. The loophole was closed by the 1935 Nuremberg Laws. Jewish civil servants still holding their posts were given notice by 31 December 1935 at the latest.
According to § 6 of the law, civil servants could be forced into retirement without cause "for the simplification of administration". The vacant positions created by this action were not to be refilled.
In rapid succession numerous regulations were dispensed with, as well as many employees and labourers in civil service as well as in the Reichsbank.
Pensions were not allowed for all groups of people forced into the ranks of pensioners by this law. The guaranteed old-age pension was reduced in 1938 by the "Siebente Verordnung zum Reichsbürgergesetz".
On 1 September 1933, Frick issued the second supplementary decree of the law in attempt to define the terms "Aryan" and "non-Aryan":
In defining the concept of Aryan descent in accordance with section 3 of the Law for the Restoration of the Civil Service, it is not religion which is decisive, but rather descent, race, blood. It is in particular not only those of whom a parent or grandparent belonged to the Jewish religion who are non-Aryan .... Thus, the Law by no means excludes the possibility of non-Aryan descent, even if none of the parents or grandparents belonged to the Jewish religion, in the event that non-Aryan descent can be established by other means. [10]
The racial policy of Nazi Germany was a set of policies and laws implemented in Nazi Germany under the dictatorship of Adolf Hitler, based on pseudoscientific and racist doctrines asserting the superiority of the putative "Aryan race", which claimed scientific legitimacy. This was combined with a eugenics program that aimed for "racial hygiene" by compulsory sterilization and extermination of those who they saw as Untermenschen ("sub-humans"), which culminated in the Holocaust.
Achim Gercke was a German politician.
Aryanism is an ideology of German racial supremacy which views the supposed Aryan race as a distinct and superior racial group which is entitled to rule the rest of humanity. Initially promoted by racial theorists such as Arthur de Gobineau and Houston Stewart Chamberlain, Aryanism reached its peak of influence in Nazi Germany. In the 1930s and 40s, the regime applied the ideology with full force, sparking World War II with the 1939 invasion of Poland in pursuit of Lebensraum, or living space, for the Aryan people. The racial policies which were implemented by the Nazis during the 1930s came to a head during their conquest of Europe and the Soviet Union, culminating in the industrial mass murder of six million Jews and eleven million other victims in what is now known as the Holocaust.
Mischling was a pejorative legal term which was used in Nazi Germany to denote persons of mixed "Aryan" and "non-Aryan", such as Jewish, ancestry as they were classified by the Nuremberg racial laws of 1935. In German, the word has the general denotation of 'hybrid', 'mongrel', or 'half-breed'. Outside its use in official Nazi terminology, the term Mischlingskinder was later used to refer to war babies born to non-white soldiers and German mothers in the aftermath of World War II.
A German Blood Certificate was a document provided by Nazi leader Adolf Hitler to Mischlinge, declaring them deutschblütig. This practice was begun sometime after the Nuremberg Laws of 1935, and allowed exemption from most of Germany's racial laws.
Werner Goldberg was a German of half Jewish ancestry, or Mischling in Nazi terminology, who served briefly as a soldier during World War II. His image appeared in the Berliner Tageblatt as "The Ideal German Soldier".
The Nuremberg Laws were antisemitic and racist laws that were enacted in Nazi Germany on 15 September 1935, at a special meeting of the Reichstag convened during the annual Nuremberg Rally of the Nazi Party. The two laws were the Law for the Protection of German Blood and German Honour, which forbade marriages and extramarital intercourse between Jews and Germans and the employment of German females under 45 in Jewish households; and the Reich Citizenship Law, which declared that only those of German or related blood were eligible to be Reich citizens. The remainder were classed as state subjects without any citizenship rights. A supplementary decree outlining the definition of who was Jewish was passed on 14 November, and the Reich Citizenship Law officially came into force on that date. The laws were expanded on 26 November 1935 to include Romani and Black people. This supplementary decree defined Romani people as "enemies of the race-based state", the same category as Jews.
The Ahnenpaß documented the Aryan lineage of people "of German blood" in Nazi Germany. It was one of the forms of the Aryan certificate (Ariernachweis) and issued by the "Reich Association of Marriage Registrars in Germany".
The Nazi boycott of Jewish businesses in Germany began on April 1, 1933, and was claimed to be a defensive reaction to the anti-Nazi boycott, which had been initiated in March 1933. It was largely unsuccessful, as the German population continued to use Jewish businesses, but revealed the intent of the Nazis to undermine the viability of Jews in Germany.
Anti-Jewish legislation in pre-war Nazi Germany comprised several laws that segregated the Jews from German society and restricted Jewish people's political, legal and civil rights. Major legislative initiatives included a series of restrictive laws passed in 1933, the Nuremberg Laws of 1935, and a final wave of legislation preceding Germany's entry into World War II.
An Aryan paragraph was a clause in the statutes of an organisation, corporation, or real estate deed that reserved membership or right of residence solely for members of the "Aryan race" and excluded from such rights any non-Aryans, particularly those of Jewish and Slavic descent. They were an omnipresent aspect of public life in Germany and Austria from 1885 to 1945.
Mischling Test refers to the legal test under Nazi Germany's Nuremberg Laws that was applied to determine whether a person was considered a "Jew" or a Mischling (mixed-blood).
The Reich Association of Jews in Germany, also called the new one for clear differentiation, was a Jewish umbrella organisation formed in Nazi Germany in February 1939. The Association branched out from the Reich Representation of German Jews established in September 1933. The new Association was an administrative body concerned predominantly with the coordination and support of the emigration and forcible deportation of Jewish people, subject to the Reich government's ever-changing legislation enforced by the RSHA (Reichssicherheitshauptamt). The legal status of the new organisation was changed on 4 July 1939 on the basis of the Nuremberg Laws, and defined by the 10th Regulation to the Citizenship Law issued by the Reich's ministry of the Interior. The Association assumed the so-called oldReichsvereinigung der Juden in Deutschland, which was the name under which the Reichsvertretung der Deutschen Juden had been operating since February 1939.
Anti-Jewish laws have been a common occurrence throughout Jewish history. Examples of such laws include special Jewish quotas, Jewish taxes and Jewish "disabilities".
In Nazi Germany, the Aryan certificate or Aryan passport was a document which certified that a person was a member of the presumed Aryan race. Beginning in April 1933, it was required from all employees and officials in the public sector, including education, according to the Law for the Restoration of the Professional Civil Service. It was also a primary requirement to become a Reich citizen for those who were of German or related blood (Aryan) and wanted to become Reich citizens after the Nuremberg Laws were passed in 1935. A "Swede or an Englishman, a Frenchman or Czech, a Pole or Italian" was considered to be related, that is, "Aryan".
Anti-miscegenation laws are laws that enforce racial segregation at the level of marriage and intimate relationships by criminalizing interracial marriage sometimes, also criminalizing sex between members of different races.
The German Citizenship Project was set up in the United States in 2006, and encourages descendants of Germans deprived of their citizenship by Nazi Germany to reclaim German citizenship without losing the citizenship of their home country. It closed its operations in the United States and moved to the United Kingdom where it resumed its activity in 2019 as "German Citizenship Restoration Ltd. (GCR)".
The Frontkämpferprivileg was an exemption granted by the government of Nazi Germany between 1933 and 1935 to German Jews who had fought for Germany during the First World War but faced dismissal from official posts under anti-Jewish legislation in prewar Nazi Germany.
From 1933 to 1945, the Nazi regime ruled Germany and, at times, controlled almost all of Europe. During this time, Nazi Germany shifted from the post-World War I society which characterized the Weimar Republic and introduced an ideology of "biological racism" into the country's legal and justicial systems. The shift from the traditional legal system to the Nazis' ideological mission enabled all of the subsequent acts of the Hitler regime to be performed legally. For this to succeed, the normative judicial system needed to be reworked; judges, lawyers and other civil servants acclimatized themselves to the new Nazi laws and personnel. As of 2021, a few laws from the Nazi era still remain codified in German law.
During the National Socialist era, "Aryan persons" who lived in so-called "mixed marriages" with a "Jewish person" were referred to as "jüdisch versippt". "Jüdisch Versippte" were discriminated against; they were excluded from certain professions and career opportunities, dismissed from public service, and, from 1943, were deemed as "unworthy of military service" and were used for quartered forced labor in "Sonderkommandos" of the Organization Todt.