English Translation

According to Hannah Arendt, "he did not rule on the legality of the conduct of the order, but only on the execution of the Fuhrer's will." (113) The ordering power of him then flowed from his position as successor to the Reich's President, who was justified in the event of a significant threat to public security and order to extraordinary lawmaking. It was also based on its role as a carrier of the organizational power of the Reich administration, entitled to establish and disturb the Reims, or to determine their competence, and to establish internal instructions for them, as well as the entire Reich Administration politically lead, and also from its role of chief commander of the Wehrmacht, leader of the NSDAP and SA. (114) The Führer's will was expressed in the issuing of two types of regulations: income (Erlass), which he generally used in the exercise of constitutional powers belonging to him as head of state, and Regulation (Verordnung) in all other cases, in particular when taking over the competence of the relevant minister. (115) Whether he issued a regulation or decree on a matter (later he only issued revenue) or chose the path of proper legislation, he decided entirely on his own, at his discretion. The only criterion was the importance of the materiality of the most important matters was usually regulated by means of revenues, leaving less important things to the usual legislative procedure. From a formal point of view, the result did not differ except to the designation: the decrees and its legal force complied with the laws and could implement any legislation. (116) Hitler became the very embodiment of the law, on the basis of the authority given by the Reichstag at its last meeting on 26.4.1942 (117), which the leader authorised to give decisions at the level of individual normative acts, without any procedures, against individuals, wherever he considered necessary in terms of achieving the final victory. In his appearance before the Reichstag Hitler, among other things, said that there can be no doubt that in the current war in which the German people face the fight to the death, the leader must have all the rights that serve to achieve victory. Therefore, it cannot be bound by existing regulations... and must have all the means necessary, whether it be an ordinary soldier or an officer, a lower or higher official or a judge, a party official, a worker or an employee to enforce their duties.