STÁTNÍ TAJEMNÍK U ŘÍŠSKÉHO PROTEKTORA V ČECHÁCH A NA MORAVĚ, PRAHA, inv. 2631, sig. 109-12/279 (poškozeno) Page 27 · 27 of 49
STATE SECRETARY FOR THE RUSSIAN PROTECTOR IN THINGS AND IN MORAVA, PRAGUE, inv. 2631, sig. 109-12/279 (damaged)
English Translation
It must take its measures solely on the basis of what the securing of the empire requires. It must be assumed that the state has in principle not imposed any normative restrictions on the enemy of the state, because no one in the National Socialist state can claim an individual freedom which affects the security of that state. If thus the secret state police and the administrative courts start from a different question - the secret State police from the necessities, which commands the internal protection of the empire, the administrative tribunals from a normative to decisive dispute, - then this must lead to an intolerable disparity. One may want to change the terms today, for example from the consideration that the idea of a dispute relationship with the individual as plaintiff and the state as defendant is no longer applicable, conclude that this idea can no longer be decisive for the contestation of state police measures in the administrative dispute proceedings. The administrative courts found this in their sense, according to these basic ideas they were organised in an organizational and procedural way and nothing has been changed in this way to this day. Indeed, in the years since the power overtaken, the marked discord has often come to light. If the administrative jurisdiction over state police measures in those parts of the Reich in which it has not yet been eliminated by express legal orders, is still called 1) Cf. B e s t , Becoming Police Law, op. cit.