German Administration Research Articles

An Unconcluded Microhistory of Compensation: The Unfinished Recognition of the Racial Discrimination Endured by Jewish Prisoners of War in the French Army During Their Captivity in Germany

Abstract During the Second World War, several thousands of Jews from France were detained on German territory as prisoners of war. Although many endured racial discrimination, they survived. This article will deal with this exceptional as well as largely unknown micro-history through the thorny issue of the recognition of their status as racial victims in the aftermath. On their return to the bloodless France of 1945, these survivors who had remained on the bangs of the genocide faced great material and moral difficulties. Although they were excluded from the legislation governing war victims in both France and the FRG, some of them tried to assert their rights on the grounds of antisemitic discrimination at the end of the 1950s. Their perseverance in the face of an initially hostile German administration enabled some prisoners of foreign origin to obtain compensation under the BEG Act. However, this recognition was not only imperfect, but also incomplete: their comrades of French origin remained excluded from French compensation legislation.

The Rev. Newell’s Dilemma: Responding to Lauaki’s Mau a Pule Movement

ABSTRACT The Samoan-led Mau movements have dominated Samoan historiography. Based on popularized narratives, the storyline suggests that other key groups, namely religious institutions, were merely spectators. A revisionist historical approach challenges the popularized narrative of the movements; precisely, the notion that the London Missionary Society (LMS) remained ‘neutral’. LMS missionary Rev. James Edward Newell was instrumental in quelling potential battles between the Mau a Pule movement of Lauaki Mamoe and German Governor Wilhelm Solf between 1908 and 1909. Newell felt tugged into a precarious position by three forces during the movement: as a senior LMS missionary, a trusted Samoan friend, and ‘loyal’ to the German administration. An examination of Newell’s letters, German correspondences, and secondary sources suggests that despite Newell’s dilemma, he committed himself to the message of peace. While at pains to admit it, he remained an agent of Governor Solf’s objective of quelling the movement.

Sanat Bağlamında Berlin Duvarı’nın İzleri

Germany was the place where the cold war between the United States and the Soviet Union took place, planning to establish an ideological domination over the world. After the end of the Second World War, although the city of Berlin remained within the borders of East Germany, as per an agreement between the Soviets and the Western bloc countries. divided. In order to prevent their escape to East and West Germany, the German administration began to build a wall around East Berlin on August 13, 1961, closing all passages to the western part, telling its citizens that they had a freer and more prosperous life. Hundreds of people lost their lives trying to escape to West Berlin by crossing the Berlin Wall until it collapsed on November 9, 1989. The walls of the public space create a political language and a space used against the system. The aim of this study was investigated in the context of the division of Germany, represented by the wreckage of the Berlin Wall, on a social and political plane. The resistance and political discourse function of graffiti in public spaces is examined through the example of the Berlin Wall. Artistic traces with a predominant protest aspect were investigated through literature review and visual concepts. Keywords: Public art, Berlin Wall, War, Graffiti, Politics, Street Art

Стосунки вахманів з євреями у таборі смерті Белжець: за архівними матеріалами СБУ

The purpose of the article is to investigate the relationship between the Vakhman staff and Jews who ended up in the Belzec extermination camp, directly or indirectly: during the creation of this camp, during its main functioning, and at the time of the liquidation of this structure, using materials contained in branch archives of the SSU. The research methodology is based on the principles of historicism, systematicity and objectivity, induction, and deduction. The methods used should be considered the method of analysis and partially the chronological, geographical, and historical-genetic methods. The scientific novelty of the research results is attributable to the insufficient study of the problem in the previous period and to the introduction into scientific circulation and processing by the article's author of a complex of little-known archival materials. Conclusions. In the Belzec extermination camp, an established mechanism of execution was involved, in which the Vakhman staff and kapos took a direct part in all its stages. Kapos and workers from the brigades allowed the camp management to replace ordinary Vakhmans at some stages of the destruction of prisoners, the reason for which was a conflict of interests. There were different ways of killing Jews: by shooting, gassing, and physical beating. Considering the Jews as workers, we found out that they were not a homogeneous category, divided by gender – into men's and women's teams, by professional orientation – into team workers and narrowly qualified workers, by social stratum – into ordinary workers and «seniors» in the form of kapo and oberkapo. Relations between the Vakhmans and the Jews had an exclusively «functional» character. The files mentioned only one attempt at a joint action by the Vakhman staff and the prisoners against the German administration, which ended in failure. The result was the tragic end of the labor brigade, which could serve as an example and perhaps one of the reasons for the uprising in the Sobibor extermination camp. The biggest problem of studying the issue based on the archival files remains the statistical research directions and the event chronology because the evidence gives only approximate dates and data on the number of workers and those killed. Prospects for further research are possible due to the expansion of the source base by attracting new archival cases, as well as due to the method of comparative analysis of various extermination camps and an interdisciplinary approach in the study of psychological portraits of guards and prisoner-workers.

Перерегистрация членов ВКП(б) как форма проверки их лояльности советской власти на примерах Краснодарского края. 1943-1944 гг.

The article is devoted to the disclosure of the activities of party organizations of the All-Union Communist Party of Bolsheviks in Kuban during the Great Patriotic War, mainly after the liberation of the Krasnodar region from the German invaders from January to autumn 1943. One of the tasks was to resume after the occupation the structure of party organizations of cities and districts. District committees of the All-Union Communist Party of Bolsheviks (b), party organizations at district executive committees, cells in organizations, institutions, enterprises, collective farms, village councils, primary party organizations in district departments of the NKGB and NKVD were being formed. The source base of the article was unpublished archival documents of 1943 - early 1944, stored in the Center for Documentation of Contemporary History of Krasnodar Region (CDCHKR) and representing a top-secret correspondence between the secretaries of the district party committees and the regional committee of the All-Union Communist Party of Bolsheviks (b). The main contents of the correspondence are materials of inspections of communists who, at the end of July and beginning of August 1942, when the unexpected and rapid attack of German troops on the cities and districts of the Kuban began, did not evacuate to the Soviet rear for various reasons. The stay of the Communists in the occupied territory became for them (as well as for the entire population, of which they were a part) a severe ordeal. Many were forced to conceal their affiliation with the All-Union Communist Party of Bolsheviks (Bolsheviks) and destroyed their party cards. Others took jobs in enterprises controlled by the German administration, and some took the path of cooperation with the Germans. Already after the expulsion of the Nazi troops, their allies and collaborators, they were re-registered in the party and were obliged to undergo humiliating inspection procedures. All of them, without exception, wrote explanatory statements about their stay in the occupation and their occupation in the enemy-occupied territory, were massively expelled from the Party for cowardice and loss or deliberate destruction of their Party card. As a rule, most of them had no real guilt. The article uses a micro-historical approach, where the object of study is local historical events, allowing a deeper understanding of the depth of drama in the lives of people of this difficult period, accused undeservedly of collaboration when the Soviet authorities were restoring the former order. In the course of checks on loyalty to the All-Union Communist Party of Bolsheviks (Bolsheviks) and the country, criminal acts of some Communists, which were not subject to forgiveness, also surfaced.

AUTOMATION OF ADMINISTRATIVE ACTS: AN EXAMPLE OF THE GERMAN ADMINISTRATIVE PROCEDURE ACT

The subject of this paper is an analysis of the 2016 amendment to the German Administrative Procedure Act ("Verwaltungsverfahrensgesetz"), which introduced fully automated administrative acts. The purpose of the discussion is to evaluate the current status of the law on issuing automated acts and to identify the risks associated with the automation of administrative acts.

MAʼMURIY SUD ISHI YURITUVIDA KELISHUV BITIMI INSTITUTINI TAKOMILLASHTIRISHNING AYRIM NAZARIY VA AMALIY MASALALARI

This article is devoted to the analysis of the institute of “Settlement Agreement,” which is defined in Chapter 15¹ of the Code of the Republic of Uzbekistan on Administrative Proceedings. This institute was included in the Code according to Law of the Republic of Uzbekistan No. 833 on April 26, 2023 “On amendments and additions to certain legislative acts of the Republic of Uzbekistan for taking additional measures to ensure effective protection of the rights of citizens and business subjects in relation with state authorities”. In particular, analyses were conducted on the application of the norms to the conclusion of a “settlement agreement” between the parties in the judicial practice of foreign countries such as Germany, France, and Russia. In addition, the structure of the agreement with the participation of mediators, the concept of mediation, its use in the legislation of different countries, and its specific features were studied. The concept of the “settlement agreement” in Chapter 15¹ of the Code of the Republic of Uzbekistan on Administrative Proceedings and its specific features were studied, and proposals based on our national legislation were formulated in comparison with the settlement agreement in the German Administrative Court Act. In particular, in the course of the study, based on the experience of international countries related to the conclusion of mediation and settlement agreements based on the legislation, the conclusions about amending Article 3 of the Code of the Republic of Uzbekistan on Administrative Proceedings and supplementing it with 2 new articles were thoroughly justified, and relevant suggestions were made.

Status of satellite countries and protectorate of the Third Reich during the Second World War: historical and legal analysis

Purpose. The purpose of the study is to analyze the legal status of the satellite countries and the Protectorate of Bohemia and Moravia, and to identify common and distinctive features. Methodology. The methodological basis of the study is a combination of philosophical, general scientific and special methods of cognition. The dialectical method was used to clarify the prerequisites for the emergence, formation and development of the Protectorate of Bohemia and Moravia. The systemic-structural method made it possible to distinguish the constituent elements of the legal status of the Protectorate and its satellite countries. The comparative legal method was used to compare the forms and methods of interaction between the Third Reich and the satellite countries. Results. Thus, the Nazi theory of the occupation administration in the Protectorate of Bohemia and Moravia aimed to preserve the appearance of a relatively independent Czech state under German administration. In this regard, a dual system of governance, the German-Czech system, was maintained for a long time. The Czech component was represented by the president and the government, which had executive and administrative functions. The general management of the protectorate was entrusted to a protector appointed by the Reich Chancellor. The satellite states retained national power. Restrictions concerned only foreign policy activities, which had to be coordinated with the Third Reich. Common to the Protectorate and the satellite states was the subordination of the economic and military spheres to German needs. Scientific novelty. The study shows that the Protectorate of Bohemia and Moravia did not correspond to the classical understanding of the concept of "protectorate", as it was not the result of an interstate agreement, but a unilateral decision of the Nazi German authorities. In addition, the author clarifies the organizational and legal framework of the autonomous authorities of the Protectorate and establishes that their activities were regulated by the regulations adopted in the Third Reich. Practical significance. The formulated conclusions can be used in research work – for the formation of a systematic approach to understanding the legal status of satellites and protectorates and in the educational process – in the formation and teaching of the discipline "History of State and Law of Foreign Countries".

Das Kartellgericht der Weimarer Republik: eine Institution zwischen Verwaltungsgericht, Zivilgericht und Verwaltungsbehörde und seine Bedeutung für den verwaltungsgerichtlichen Rechtsschutz

This article deals with the possibilities of obtaining administrative court legal protection at the imperial/national level during the Weimar Republic. Characteristic for this epoch of German administrative jurisdiction is the formation of numerous specialized administrative courts. As an example of this practice, the following article focuses on the Antitrust Court as a typical special administrative court of the Weimar period. However, it begins with the changes in administrative jurisdiction in general that resulted from the new Weimar Constitution, which gave administrative courts constitutional protection for the first time in German legal history. In addition, the paper outlines how this new constitutional framework was received by scholars and had an impact in practice. However, the proclamation of a German Republic after World War I, not only changed the constitution, but also meant that the administration was confronted with completely new challenges. How the German administration responded to this new situation is also briefly outlined in order to provide a better understanding of the importance and scope of the administrative courts' activities at the national level. The article focuses on the antitrust court and in particular on its competences and available remedies. These two parameters of court organization provide information on whether the Antitrust Court was actually an institution committed to legal protection or whether the effectiveness of the administration was the guiding idea that shaped the activity of the Antitrust Court.

Housing and Communal Services of Kyiv during the German-Soviet War Based on the Materials of the Occupation Press (September 1941 — September 1943)

The article is dedicated to the state of housing and communal services in Kyiv as covered in the periodicals «Ukrainske Slovo», «Nove Ukrainske Slovo» and «Ostanni Visti» during the period of German occupation. Analysis of the newspapers' materials made it possible to outline the state of the housing stock and communal infrastructure from the entry of the occupying forces into the city until the end of the German administration's activities. The newspapers' pages contain information on statistical calculations of the destruction in Kyiv, as well as activities related to the localization and elimination of these consequences. The materials reveal propaganda cliches, distortion, and exaggeration of information regarding the state of affairs in housing and communal services. For the mentioned aspect, it is possible to reflect the common and distinct features of German propaganda in the periodicals used in all the territories where it was active. This includes the use of “soft power” by the occupying press to instill new political beliefs, friendliness towards Germans in the population of Kyiv. In particular, appealing to the destruction of housing and critical infrastructure of the city by the Soviets. Attention to the materials of the occupation press and their objective evaluation not only allows for determining the degree of distortion of the information provided in the context of the historical time reviewed but also in comparison with the activity of such presses in the modern world. Russian occupation administrations currently use the full spectrum of mass media, including the press, to distort reality and conduct political propaganda on temporarily occupied territories in Ukraine. In many respects, the occupiers adhere to similar or identical forms of the fascist regime of reflecting non-existent reality, including issues related to housing and communal services destroyed or damaged by themselves in the territories they occupy.

Cutting Off the Heads of the Hydra: Current Reforms in German Administrative Litigation Law

Cutting Off the Heads of the Hydra: Current Reforms in German Administrative Litigation Law

Claim for Compensation due to Environmental Infringement

Claim for Compensation due to Environmental Infringement

Srovnání krize parlamentarismu v Německu a Rakousku, 1930–1934

The main goal of the article is to compare the crisis of the role of the German Reichstag und Austrian Nationalrat in the early 1930’s and how the relationship parliament-government/president was influenced in that respect. We argue that the German system of emergency decrees of the President (Article 48 of the Weimar Constitution) systematically undermined the German parliament in favour of state bureaucracy and a technocratic government. In Austria, since March 4, 1933 Dollfuss coalition of the right wing of Political Catholicism with the Heimwehr implemented a degree law with the War Economy Empowering Act (KWEG) as a tool to govern without parliament. The period of the Chancellors H. Brüning (1930–1932, presidential government) and E. Dollfuss (April 1932 – March 4th, 1933, parliamentary government Dollfuss) constitute the first stage of the weakening of the parliamentary system. In the second stage in Germany since June 1932, the reactionary anti-parliamentary option of the Chancellors F. v. Papen and K. v. Schleicher (presidential dictatorship) created a power vacuum without any viable alternative. We found comparable anti-Marxism aspects of Austrian and German administrations. The difference was the final “totalitarian result” of the analysed period. In Germany the Nazis won, and Adolf Hitler was appointed German chancellor on January 30th, 1933. In contrast, Dollfuss withstood the onslaught from Austrian Nazis in the critical time 1933/1934, and established so called “Estates state”, conservative oriented dictatorship.

Ten years of AMNOG from an oncological perspective: new horizons and continuing expansion.

Purpose2021 marks the tenth anniversary of the AMNOG process and brought with it a new German administration—two good reasons to take stock of where we stand today, what has been achieved so far, and how the path of early benefit assessments in Germany should continue.ResultsFrom the perspective of manufacturers of cancer drugs, the AMNOG process, as a constantly evolving system, has for the most part proved itself—which does not mean that there is no longer room for improvement. Significant improvements have been achieved in the area of early consultation of medical societies regarding the selection of the appropriate comparator therapy as well as in the reimbursement of biomarker diagnostic tests in the outpatient sector. However, there is still a need for improvement, especially in the areas of patient-relevant outcomes accepted by the G-BA, the inclusion of real-world data in evidence assessments, or the transfer of evidence from certain patient groups to others.ConclusionThe current AMNOG structures were developed for the most part at a time when no one saw immuno-oncology or gene and cell therapies coming, when there were no multi-tumor drug approvals, and when few imagined that within a few years, the established tumor entities would be broken down into dozens of sub-entities on the basis of molecular genetic markers. Society wants these and other advances, and the HTA process must, therefore, take this into account in a healthcare system based on solidarity.

Identifying Supervisory or Managerial Status in German Administrative Records

Abstract Information on individuals holding managerial or supervisory positions within establishments is important for various aspects of labour market research. However, identifying managers or supervisors in German administrative records is not straightforward. This paper uses survey information from the Panel Study Labour Market and Social Security (PASS) to predict managerial or supervisory tasks in administrative records that can be used to enhance the identification of managers and supervisors in the Sample of Integrated Labour Market Biographies (SIAB). Furthermore, I provide an applied example in which I calculate gender differences in the probability to hold a managerial position.

Die nachrichtendienstliche Beobachtung der AfD – der Verfassungsschutz als Hüter von Menschenwürde und Gleichheit

In March 2022, the Administrative Court of Cologne decided several cases regarding the surveillance of the ‘Alternative für Deutschland’ (AfD) Party by the German constitution protection services. Since 2019, a litigation has been going on between the party and the constitution protection services as the party rejected the wording ‘right-wing extremism aspirations’ regarding some movements inside the party. In this text, I will systematize the court rulings since 2019 and elaborate how the mandate of the constitution protection service links to the fundamental values of human dignity and equality. Furthermore, I will explain how the German Administrative Court applies these values on expressions and statements of party members: The differentiation between the autochthonous people in Germany and immigrated German citizens, the comparison of foreigners with animals, and the claim to guarantee Muslims less rights than all other citizens is not only a violation of the principle of equality but also of human dignity.

Bagamoyo Imperial and Actual: Representation of the First Capital of German East Africa in Colonial Postcards and in the Works of Walter Dobbertin

In recent decades, items of colonial photography, including those dedicated to German East Africa, have become the subject of research by historians and anthropologists. Many of the photographs eventually became postcards issued to introduce newly conquered territories to the citizens of the empire, to a lesser extent their population, culture and way of life, and to a greater extent those achievements (both real and imaginary) that the metropolis had brought. This included military stations, churches, missions, infrastructure (railways, train stations, lighthouses), askari troops recruited from local population, etc. On these postcards we can see various species of acacias and palm trees, numerous Araberstrasse and Kaiserstrasse streets, monuments to the emperor and chancellor, ships in the Dar es Salaam bay, “native beauty” and “native quarters”. On the one hand, postcards reflect what colonizers wanted to display before their homeland, on the other they reflect what this homeland itself wanted to see, e.g. images of exotic hot tropics, successes of German administrators and troops. Postcards, being selected in their very plots and created for the propaganda purposes, depict German East Africa strictly deliberately and strictly as a colony. Bagamoyo served as this colony’s capital for about two years. On postcards depicting the town we see the quintessence of the German military and administrative presence: this is tangible both in the choice of depicted objects (fort, boma, Wissmann’s monument in memory of soldiers who died during the suppression of the coastal uprising, meeting place of the colonial administration, etc.) and the frequency of these choices. Images of local residents on postcards are marginal, the “black quarter” is opposed to new European buildings, and the elements of the Arab-Swahili cultural component of Bagamoyo are not represented at all. On the contrary, photography of Walter Dobbertin allows to have a look at Bagamoyo in the end of the 19th – the beginning of the 20th centuries in a much more complete and complicated way. He took photos of inhabitants of Bagamoyo with clear accent and opened vision – women, children, Arabs, Muslims in kanzu and kofias, without censoring either the phenotype or the cultural components of Islamic religion (mosque, Muslim cemetery, tea houses). It’s fascinating, because negative attitude toward Arabs and Islam is stressed throughout many German colonial narratives written by military and civil officers. The Arabs as “the first colonizers of the region”, i.e. predecessors of Germans themselves, almost never appear on the postcards, as well as Islam-associated objects like mosques or Muslim cemeteries. The article is concerned with this difference between postcards and photographs of Bagamoyo as the latter reveal what had been blind spots of official representation of colony’s first capital and give very personal and much more sincere vision offered by talented photographer Walter Dobbertin.

Wilamowice i jego mieszkańcy podczas II wojny światowej w świetle relacji miejscowego proboszcza ks. Franciszka Jeża

The subject of the analysis was the written history of the local parish: Liber memorabilium Ecclesiae parochialis Willamowiciensis ab anno 1862, successively supplemented by successive parish priests from Wilamowice. Events of the Second World War were also described there. It was a special period in the history of the town and its inhabitants. Due to the fact that the inhabitants of Wilamowice did not use the Polish language on a daily basis, the invader considered these people to be Germans, suggesting that they should be placed on the Volkslist. It aroused reluctance on the part of Polish fellow residents and was tinder for more and more antagonism between the two groups. A witness of these events, the local parish priest, Fr. Franciszek Jeż described in detail the growing mutual animosities and the role of the German administration in escalating the conflict. The narrator did not try to convince himself of his neutrality. He clearly placed himself on the side of the Polish inhabitants, not hiding his indignation at the national attitudes of the Wilamowiceans. He accused them of betraying Polish interests turned into material benefits. In fact, the genesis of the problem was more complicated, nevertheless, many of his observations should be described as accurate and wellthought-out. The end of World War II did not eliminate the conflict. It entered a new phase of compensating for real and imagined wrongs by the Polish authorities. The totality of these complicated accounts was presented in an interesting way by Fr. Franciszek Jeż.

German Propaganda and Policy on the National Question on the Territory of the General District of Belarus in the 1941–1944s

Based on previously unpublished historical sources of the National Archive of the Republic of Belarus (NARB), the article examines the problem of German propaganda and policy on the national issue in the General district of Belarus. The study purpose is to determine the content and objectives of propa-
 ganda and policy on the national issue and its effectiveness. Research methods include analysis and synthesis.
 As a result of the research, the author has come to a number of conclusions. First of all, V. Kube, head of the German administration, made a bid to attract Belarusian nationalists to promote the so-called «Russian revolution». «Belarusization» is viewed as a tool for fulfilling economic and political tasks, also as a preventive tool in the fight against the development of the partisan movement. Second, the diverse and large-scale propaganda activities affected all
 spheres of public life, they are schools, churches, media, culture, science, etc.
 Third, the propaganda of the so-called «Belarusization» consisted of two lines, on the one hand, «the idea of national revival of the Belarusian culture, language, the development of national consciousness», and on the other hand, the
 idea of the Belarusian nation’s closeness to the cultural-historical space of Europe and Germany, which is inseparably connected to the historical destiny of Belarus and the «New Europe».
 Fourth, a certain cultural revival observed during the German occupation of the 1941–1944s occurred only within the narrow framework of Belarusian collaboration and did not affect the population in general. Fifth, all the factors, such as «scorched earth» policy, genocide of the Jews, forced «recruitment» of Ostarbeiters, presence of a mass and effective partisan movement, as well as an effective and reliable partisan counter-propaganda were combined to neutralize the propagandists’ efforts and reduce the effectiveness of German propaganda to zero

АНТИПАРТИЗАНСКАЯ ПРОПАГАНДА НЕМЕЦКИХ ВЛАСТЕЙ НА ОККУПИРОВАННОЙ ТЕРРИТОРИИ СОВЕТСКОЙ БЕЛОРУССИИ

The article examines the ideological aspects of the German struggle against partisans in the occupied territory of Soviet Belarus. The author, on the basis of previously unpublished documents of the National Archives of the Republic of Belarus (propaganda publications of the occupation authorities, orders and circulars of the heads of the German General Commissariat, reports of partisans) and a number of historical studies, analyzes the content of German propaganda materials, identifies its main thematic areas, determines the effectiveness of anti-partisan propaganda. The heads of the General District (W. Kube and C. von Gottberg) expressed a special opinion on the methods of anti-partisan struggle. They believed that punitive actions were ineffective and the main stake in the anti-guerilla struggle made on propaganda and involvement of the local population. The author concludes that the massive and large-scale propaganda influence of the German administration was neutralized by an extremely cruel occupation policy (namely, punitive actions of the SS against partisans and the civilian population living in the partisan zone, the genocide of Jews, which caused obvious rejection and fear) as well as partisan counter-propaganda. Attempts to involve the Belarusian population to combating partisans proved to be not very effective. Moreover, the very actions of the German occupation authorities — forced recruitment to work in Germany, as part of numerous collaborationist organizations — forced Belarusians to seek salvation among the partisans.