English Translation

For example, the text of the decree did not explicitly exclude the work of Parliament, but, on the basis of Articles 11 and 12 and Article 5, the legislative and executive power in the Protectorate was completely under the control of the empire. According to Article 11, the Empire was able to issue legislation with effect for the protectorate, if required by a common interest. In the event of a common need, the empire was entitled to take over the administration of the administration and to establish the necessary authorities of the Reich, or to take the necessary measures to maintain security and order. According to Article 12, only the existing law in Bohemia and Moravia remained effective, which does not contradict the meaning of taking over the protection of the German Empire, and Article 5 made it possible to prevent the imposition of laws, regulations, administrative measures and legal judgments by way of objections. With these provisions, any possibility of exercising the sovereign rights within the framework of the autonomy of the Protectorate has become irrelevant and the protectorate became only a means by which the Nazis implemented their occupation plans in Bohemia and Moravia. However, the competence of the above autonomous bodies in the decrees mentioned was not defined and the legal transformation of the secondary organs in the similar Protectorate bodies did not occur. As Professor Karel Malý states in the History of Czech and Czechoslovak Law until 1945 (2), in fact the German power allowed the circumstances of adequate use of the authorities and authorities from so-called so- called. the second Republic, including the existing mechanism of their links, thus keeping via facti in use some of the rules and practices arising from the constitutional regulation of the secondary republic, possibly even older. For example, the proceeds contained nothing about who appoints or withdraws the government of the Protectorate or its individual members. It was probably assumed that the head of the protectorate would do so, but as the function of the head protectorates would be occupied, if the first holder had surrendered or died, the return would not have been resolved. However, these and other uncertainties and gaps in the text of the decree did not make its authors more worried, as in the last instance any question of the life of the Protectorate could be addressed by the immediate application of the occupation power embodied by the Reich Protector. The full dependence of the central autonomous authorities on German institutions convincingly illustrates the provisions of the Decree that the head of the protectorate needed