Berufsverbot is an order of "professional disqualification" under
Berufsverbot may be translated into English as
Berufsverbot disqualifies the recipient from engaging in certain
professions or activities on the grounds of their criminal record,
political convictions or membership in a particular group.
2 Post-World War II Berufsverbot
3 The 1972 Anti-Radical Decree
4 Treatment under Council of Europe law
6 External links
Pursuant to a 1933 law (the Berufsbeamtengesetz), many Jews, artists,
political opponents, and others were prohibited by the
Germany from engaging in certain professions.
Post-World War II Berufsverbot
After 1945, the allied authorities in West
Germany issued Berufsverbot
orders against certain political filmmakers.
The 1972 Anti-Radical Decree
On January 28, 1972, the federal government 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 servants (Beamter), which includes a variety of 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Germany repealed the relevant legislation.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,
still apply the decree.
Treatment under Council of Europe law
In at least one case (Vogt v. Germany, 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.
Bulletin of the Government of the Federal Republic of
Germany no. 15
of 3 February 1972, p. 142
Vogt v. Germany, European Court of Human Rights, sitting as a Grand
Chamber in Strasbourg, main judgement delivered 2 September 1995. Case
number 7/1994/454/535. Application number 17851/91.
the 1972 Anti-Radical Decree
a chronology of the events in the Michael Csaszkóczy case, 2001-2006
from an anti-berufsverbote site
This article about German law is a stub. You can help by