"Non-Germans" Under the Third Reich

“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

DIEMUT MAJER

TRANSLATED BY
Peter Thomas Hill, Edward Vance Humphrey, and Brian Levin

Texas Tech University Press

Published in Association with the United States Holocaust Memorial Museum

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