Berufsverbot
Encyclopedia
Berufsverbot is an order of "professional disqualification" under German
law
. Berufsverbot may be called profession ban
in English.
A Berufsverbot disqualifies the recipient from engaging in certain professions or activities on the grounds of his or her criminal record, political convictions or membership in a particular group.
issued Berufsverbot orders against certain political filmmakers.
Chancellor Willy Brandt
and the premiers of the states
instituted the so-called Radikalenerlass (Anti-Radical Decree). Under this law, people who were considered to have radical views, especially if they were members of such parties
, could be forbidden to work as civil servant (Beamter
) and in other public sector occupations such as teaching. The decree was declared as response to terrorism
by the Red Army Faction
.
Berufsverbot is the common name for the decree by people who opposed it, because they claim it contradicts the freedom of occupational choice guaranteed by the Basic Law of Germany
.
The law was applied unevenly after 1979, and many of the states of Germany
repealed the relevant legislation. Other states, like Bavaria
, are still applying the decree.
, 1995) the European Court of Human Rights
found Germany in breach of its responsibilities to a citizen (Dorothea Vogt, a dismissed teacher who was an active member of the German Communist Party) under article 10 (right to freedom of expression) and 11 (right to freedom of assembly and association) of the European Convention on Human Rights. The government subsequently settled with her, providing compensation for her time without full earnings, topping up her pension rights for that period, as well as other modest damages and costs.
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
. Berufsverbot may be called profession ban
Profession ban
Profession ban is law, laws or practice, which means that a person is hindered to perform one or more occupations. There is also another meaning of the term profession ban, namely: profession ban may prevail even if a ban does not exist...
in English.
A Berufsverbot disqualifies the recipient from engaging in certain professions or activities on the grounds of his or her criminal record, political convictions or membership in a particular group.
The Berufsverbot in Nazi Germany
Pursuant to a 1933 law (the Berufsbeamtengesetz), many Jews, artists and political opponents were prohibited by the Nazi government in Germany from engaging in certain professions.Post-World War II Berufsverbot
After 1945, the allied authorities in West GermanyWest Germany
West Germany is the common English, but not official, name for the Federal Republic of Germany or FRG in the period between its creation in May 1949 to German reunification on 3 October 1990....
issued Berufsverbot orders against certain political filmmakers.
The 1972 Anti-Radical Decree
On January 28, 1972, West GermanWest Germany
West Germany is the common English, but not official, name for the Federal Republic of Germany or FRG in the period between its creation in May 1949 to German reunification on 3 October 1990....
Chancellor Willy Brandt
Willy Brandt
Willy Brandt, born Herbert Ernst Karl Frahm , was a German politician, Mayor of West Berlin 1957–1966, Chancellor of West Germany 1969–1974, and leader of the Social Democratic Party of Germany 1964–1987....
and the premiers of the states
States of Germany
Germany is made up of sixteen which are partly sovereign constituent states of the Federal Republic of Germany. Land literally translates as "country", and constitutionally speaking, they are constituent countries...
instituted the so-called Radikalenerlass (Anti-Radical Decree). Under this law, people who were considered to have radical views, especially if they were members of such parties
Political party
A political party is a political organization that typically seeks to influence government policy, usually by nominating their own candidates and trying to seat them in political office. Parties participate in electoral campaigns, educational outreach or protest actions...
, could be forbidden to work as civil servant (Beamter
Beamter
The German word Beamter means civil servant, and is pronounced , with a glottal stop between the 'e' and the 'a'...
) and in other public sector occupations such as teaching. The decree was declared as response to terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
by the Red Army Faction
Red Army Faction
The radicalized were, like many in the New Left, influenced by:* Sociological developments, pressure within the educational system in and outside Europe and the U.S...
.
Berufsverbot is the common name for the decree by people who opposed it, because they claim it contradicts the freedom of occupational choice guaranteed by the Basic Law of Germany
Basic Law for the Federal Republic of Germany
The Basic Law for the Federal Republic of Germany is the constitution of Germany. It was formally approved on 8 May 1949, and, with the signature of the Allies of World War II on 12 May, came into effect on 23 May, as the constitution of those states of West Germany that were initially included...
.
The law was applied unevenly after 1979, and many of the states of Germany
States of Germany
Germany is made up of sixteen which are partly sovereign constituent states of the Federal Republic of Germany. Land literally translates as "country", and constitutionally speaking, they are constituent countries...
repealed the relevant legislation. Other states, like Bavaria
Bavaria
Bavaria, formally the Free State of Bavaria is a state of Germany, located in the southeast of Germany. With an area of , it is the largest state by area, forming almost 20% of the total land area of Germany...
, are still applying the decree.
Treatment under Council of Europe law
In at least one case (Vogt v. GermanyVogt v. Germany
Vogt v. Germany was a case decided by the European Court of Human Rights in 1995.-Facts and proceedings:Mrs. D. Vogt has joined the German Communist Party in 1972 . In 1977, she became a languages teacher at a public secondary school and, correspondingly, a probationary civil servant. In 1979, she...
, 1995) the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
found Germany in breach of its responsibilities to a citizen (Dorothea Vogt, a dismissed teacher who was an active member of the German Communist Party) under article 10 (right to freedom of expression) and 11 (right to freedom of assembly and association) of the European Convention on Human Rights. The government subsequently settled with her, providing compensation for her time without full earnings, topping up her pension rights for that period, as well as other modest damages and costs.