Date: Thu, 28 Sep 1995 08:35:20 -0500 From: H-GERMAN EDITOR Dan Rogers Reply to: H-NET List on German History To: Multiple recipients of list H-GERMAN Subject: "Radikalenerlass" illegal Submitted by: David Crawford In a discussion of the "Radikalenerlass", Thomas Schmitz wrote: "Recently the Radikalenerlass has become a means in the domestic political power struggle, esp. with regard to former East German Stasi- and also SED-members, which gave the whole issue a new moral dimension, since here people are not judged according to their mere opinions, but rather according to their deeds (albeit in the context of another political system)." I agree with most of Thomas Schmitz's comments concerning the "Radikalenerlass", but the above paragraph can not go unchallenged. The removal of former members of the Stasi and other members of the East German bureaucracy from positions in the post-unification Eastern German bureaucracy has nothing to do with the "Radikalenerlass". The collapse of the SED one-party system must also be seen in the context of a hand-over of government. Any time a new government takes office it seeks to remove "political appointments" made by the previous government. The Stasi defined itself as the "shield and sword of the SED". It was a ministry dedicated to the support of just one political party. All its members were selected after careful scrutiny of their loyalty to the SED. School directors and other officials, who were permitted to advance within the former East German bureaucracy, were also appointed with the advice and consent of the SED political officers who formed a mirror government overseeing the regular bureaucracy. It is a personal tragedy for any person to lose their job. The loss is even greater when one sees little chance of obtaining a similar position in the future. I've talked to a number of former members of the East German foreign service. It was a lot of fun to be an East German diplomat. It is easy to see yourself as a victim if fate moves you from the diplomatic stage to subsistence on a meagre pension. Indeed if you read the papers released by groups which represent former members of the East German bureaucracy, you see that money is the key issue. Their number one demand is to peg East German pensions for middle to upper level bureaucrats to the pensions received by their counterparts who served in Western Germany. Germany has a bureaucratic structure which differentiates between regular positions and political appointments. One of the classic tricks for getting rid of opponents in the bureaucracy is to promote the person to a higher "political position" from which the person can be removed at the whim of the minister or senator. Former Senator for Interior Eric Paetzold in Berlin was a master at this game. The difference between the fate of the Alexander von Stahl, who was removed from the office of Chief Federal Prosecutor, and the former political appointments in the former East German bureaucracy is that von Stahl benefits from a lucrative transition-fund program. Affirmative action is a controversial issue, but there is much to be said about letting people who, for political reasons, had little chance under the old system to have a head start getting a job in the "new" government. Another aspect is more psychological: After the fall of the SED system, people wanted to see change. One of the changes written into the unification treaty was the removal of political appointments. A second issue is whether or, better said, when, former political appointees should be able to apply for positions in the post-unification bureaucracy. Former members of the Stasi are still prohibited from serving in most public- service positions. In numerous court decisions this "blacklisting" has been found to be legal for a transition period. Five years after German unification, it is time to ask how long the transition period should be. It would be nice if the political system would be capable of answering such a question. It is more likely, however, that the answer will come from the court system, perhaps even a European court. .