Wednesday, November 18, 2020

Christoph Maier, November 12, 2020, Constitution Defense

Bavarian Landtag, Protokoll 18/60, pp. 50-52.

On February 26, 2019, the Administrative Court in Karlsruhe declared it illegal to declare the principal opposition party in the German Bundestag, namely, the Alternative für Deutschland, to be a so-called test case for the Constitution Defense. This decision showed the considerable danger for the equal opportunity of parties, for democracy and thereby for the free, democratic basic order, that proceeds from political abuse of the Constitution Defense. The Constitution Defense was instrumentalized in the Federal Republic of Germany to silence all citizens and organizations who say no to illegal mass immigration, no to Afro-oriental settlement, no to multiculturalism, no to Islamism, and thereby a conclusive no to the downfall of the European West.

The illegal conduct of the Constitution Defense officials and countless additional violations of the Constitution – I refer in this place to the illegal flooding of Germany with ostensible asylum-seekers since 2015 – of which the Söder-Merkel rule is clearly revealed to be one: The Constitution must primarily be defended against those who have used their political power to oppress the opposition and thereby ultimately to the harm of Germany. Finally, with the Interior Ministry’s Bavarian Constitution Defense information for the first half of 2019, and with the Constitution Defense report for 2019, portions of the opposition party “Alternative für Deutschland” were proscribed. They shall now even be spied upon and infiltrated with secret service means. Observers already speak of the Constitution Defense undertaking recruitment efforts among simple members. From the texts of AfD politicians were derived absurd theses and interpretations which must serve for an ostensible hostility to the Constitution. For example, a speech by Björn Höcke was cited, in which he spoke of a “Schleusenzeit” and demanded a “Selbstbefreundung”. The Bavarian State Office for the Defense of the Constitution from that proceeds to the terms “Selbstbefreundung” and “Schleusenzeit” functioned in a new right context as euphemisms or figures for extremist aims and strategic concepts. – Ladies and gentlemen, what we read here is no Constitution Defense report, this is embarrassing and unworthy of a Bavarian official. We find additional evidence of the Constitution Defense’s abuse in the Constitution Defense report for the year 2019 which in its printed edition is no longer in circulation. The reason is quite simple: The Constitution Defense report is false and so may no longer be published. The 2019 Constitution Defense report mentioned specifically the Zeitgeschichtliche Forschungsstelle Ingolstadt, named in brief ZFI. This has made it its duty to survey historical research firmly on a basis of scholarly truth-finding and independently of the political Zeitgeist. To the state government, that apparently is not right. Yet I ask: Which  historical truths do you fear, if you must to such an extent observe and restrict scholarly freedom? The ZFI appeared before the Administrative Court and was not only right but there also came into its own. The Court held in its decision that the research office was unjustly designated as extreme right. The corresponding passage in the Constitution Defense report must be blacked out. Which effect the illegal mention had is also here indicated. Scarcely had the the Constitution Defense asserted that the ZFI was extremist, than the city of Ingolstadt revoked its lease with the association and forbade its use of local communal premises. Something like this, right honorable ladies and gentlemen, ought not to be in state of law.

Ladies and gentlemen, the evident abuse of the Constitution Defense makes it imperative to engage in considerations so that the authority and its tendentious Constitution Defense report can be reformed.

A first step now is our draft law. We today thereby demand not the abolition of the Constitution Defense as such, because the authentic enemies of our German states must indeed be fought most intensely. For the interventions of the officials and for mention in the so-called Constitution Defense report, we nevertheless wish to lay down comprehensible standards in the Bavarian Constitution Defense law. We therein demand the following changes: First. The state office to take notice of whether the equal opportunity of political parties in this state was impaired. Second. That the state office analyze the legal reasoning of the Bavarian Administrative Court in decisions in which the illegality of their own official conduct has been established. Third. We want the standard of an observation to be made objectively comprehensible by means of a legal definition in terms of the free, democratic basic order. Fourth. Should an official in fact come to the conclusion that an observation is justified, the affected person or organization is to be afforded a statement [Stellungnahme]. This corresponds to the realization of a claim to a legal hearing and for administrative procedure in a state of law should not be placed in question. Ladies and gentlemen, how often already has the law been broken by Bavaria’s political secret service? Junge Freiheit, Republikaner, Zeitgeschichtliche Forschungsstelle and many more were already victims of this practice in Bavaria. The politically abused Constitution Defense is in urgent need of reform. This draft is a first step. Bavaria is not a police state, but a Free State.

            First Vice-president Karl Freller: Please observe your time.

Bavaria has mature citizens who require no political care and feeding. In the further course of deliberations, it will now be shown whether the governing majority and the other opposition parties here in the state are ready to take seriously democracy and the state of law.

 

[trans: tem]