Protectorate of Bohemia and Moravia: right tool of Nazi expansion

Page 55

English Translation

55 2.2 Legal duality: German and so-called autonomous standardization In the territory of the Protectorate starting on 16 March 1939, the laws of three kinds applied: a)standards valid to the establishment of the protectorate, b)říšské german standards and c)protectorate standards, in fact the Reich's rule of law could inerge into all areas of the country's life according to the libovůle of the Nazis. Legal "dualism" means the simultaneous application of legal standards in the territory of the protectorate differing in the person of their legislator, i.e. the Nazi power, on the one hand, and the occupied country on the other. It was the norm of the empire authorities with full-scale effect (leader, Reich government, ministerial council for the defence of the Empire and Reich ministers), or only for the protectorate (Russian protector, Oberlandrats, or other Reich authorities, service offices, corporations and officials, or military authorities in the period from 15.3 to 15.4.1939), and also for the standardization of Czech so-called. The autonomous (protectorate) institutions (state president, protectorate government, individual ministries, local level in particular the local and district authorities). The legal "dualism" was founded by Hitler's decree of April 16, 1939 on the establishment of the Protectorate of Bohemia and Moravia, on the basis of Articles 11 and 12 and Article 5 of the Decree. 11 the empire could issue legislation with effect for the Protectorate, if required by "common interest." If given a "common need," the Empire could take over the administration of the administration and set up the respective Empire authorities. Moreover, the Reich Government was empowered to take the necessary measures to maintain "security and order." Since the occupations decided on what is "common interest' and "security and order', any possibility of exercising high-ranking rights under the "autonomous' standardization of the protectorate became irrelevant. For example, the status of persons with German nationality in the territory of the Protectorate could only be regulated by the Reichs regulations, which is why double racial regulations, Reich and Protectorates were also applied in the protectorate's territory.