STATE SECRETARY FOR THE RUSSIAN PROTECTOR IN THINGS AND IN MORAVA, PRAGUE, inv. 184, sig. 109-2/86

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English Translation

==References====External links== Nov.1940 in Bohemia and Moravia ohr I 1 d - 6130 .To the Prime Minister in Prag Betr.: Possibility of appeal against decisions of the autonomous authorities given by order of the Reich authorities In many cases, autonomous authorities in their decisions, which were given on the basis of an instruction of the Oberlandrat, granted the persons concerned by the decision the right of appeal to the superior autonomous authorities and even cited explicit complaints, although the decision referred to the instructions of the Upper Land Council. To this end, it must be made clear: according to Article 5 of the Führer's Decree concerning the Protectorate of Bohemia and Moravia of March 6, 1939, the Reichsprotektor has a right of instruction vis-à-vis the autonomous authorities. According to the constitution decree of September 1, 940, the Oberlandrats have the same right in their sphere of spatial and factual effect. These instructions are binding for the Protectorate authorities in accordance with § 9 of the Construction Ordinance. In this respect, it does not matter whether the orders are in the form of instructions or in the shape of a request, a request or a suggestion. The decisive factor is that the will of the Reich Authority is recognized that the Protectorates Authority should act in a certain direction. Binding instructions of the Overland Councils according to § 9 of the Construction Regulation are withdrawn from any review by the autonomous authorities. However, such a review would mean that a decision of an autonomous authority which was given on the basis of a binding instruction pursuant to § 9 of the Constitution would be subject to appeal to the superior auto-nome authority. If a person feels that such a decision by an autonic authority, which has been given on the instructions of a Oberlandrat, is a complaint, then he cannot take the autonomous action, but only by means of the supervising officer's complaint to the Reichsprotektor, the application of the Oberland Rat to o/. ID