Law for the Restoration of the Professional Civil Service

Law for the Restoration of the Professional Civil Service
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Short title	Law for the Restoration of the Professional Civil Service
Legislature	Reichstag
Long title	Law for the Restoration of the Professional Civil Service
Enacted by	Hitler's cabinet
Date enacted	7 April 1933
Date signed	7 April 1933
Signed by	President Hindenburg, Chancellor Hitler, Interior Minister Frick, Justice Minister Gürtner
Related legislation	Enabling Act of 1933

Law for the Restoration of the Professional Civil Service was a foundational statute of the Nazi regime, enacted on 7 April 1933. It served as the first major legal instrument for the systematic exclusion of Jews and political opponents from public life in Germany. The law provided the pseudo-legal framework for the Gleichschaltung (coordination) of the state bureaucracy and is considered a critical step toward the establishment of the NSDAP dictatorship. Its provisions directly targeted civil servants, paving the way for broader racial and political persecution.

Background and enactment

The law was formulated rapidly after the Nazi seizure of power and the passage of the Enabling Act of 1933, which granted Adolf Hitler dictatorial authority. It was a key demand of radical elements within the SA and the party, who sought to purge the state apparatus of perceived enemies. The drafting was overseen by Wilhelm Frick, the Reich Minister of the Interior, and received the crucial signature of President Hindenburg. Its enactment occurred amidst a climate of intimidation following the Reichstag fire and the suppression of parties like the SPD and the KPD.

Key provisions

The law's central mechanism was the mandatory retirement or dismissal of tenured civil servants based on political and racial criteria. Key clauses mandated the removal of officials who were not of "Aryan descent," with exemptions initially made for veterans of World War I or those who had lost fathers or sons in the war. It also targeted individuals whose previous political activities did not guarantee they would "at all times support the national state without reservation." This provision was used against supporters of the Weimar Republic, socialists, and liberals. The law applied broadly to employees in state administration, the judiciary, public schools, and universities.

Immediate implementation and impact

Implementation began immediately under the authority of Wilhelm Frick and other Gauleiters. The first wave of dismissals removed thousands of Jewish judges, professors, teachers, and government clerks. Notable early victims included jurists like Ernst Fraenkel and scientists such as Albert Einstein, who was abroad at the time. The purge decimated the faculty of institutions like the University of Göttingen and the University of Berlin. This created immediate vacancies that were filled by loyal members of the Nazi Party and organizations like the SA and SS.

Legal and political context

The law was a cornerstone of the early Nazi legal system, providing a veneer of legality to arbitrary persecution. It was quickly followed by other discriminatory laws, including the law against the overcrowding of German schools, which limited Jewish student enrollment. The statute fundamentally violated the principles of the Weimar Constitution, particularly its guarantees of equality and tenure, but was upheld by a compliant judiciary. It exemplified the regime's use of existing state structures, like the Reichswehr and bureaucracy, to consolidate power through a revolution from above.

Aftermath and legacy

The law established a critical precedent for the Nuremberg Laws of 1935, which further codified racial segregation. Its principles were extended to other professions, including medicine and law, through subsequent legislation like the Reich Citizenship Law. The purge of the civil service was a major step in the destruction of Rechtsstaat and the creation of a racial state. Post-war, the law was declared null and void by the Allied Control Council, and its role was examined during the Nuremberg trials as evidence of the regime's criminal policies from its inception.

Category:Nazi Germany laws Category:1933 in law Category:Antisemitic laws in Nazi Germany