Germany looks to tackle extremism in the civil service

Yes, there are right-wing extremists among Germany's armed forces, the police and judiciary. And even if they make up a comparatively small minority, they could undermine confidence in German rule of law.

That's why Interior Minister Nancy Faeser, of the center-left Social Democratic Party, is pushing for a change in disciplinary law to make it easier to fire extremist civil servants.

At present, disciplinary procedures to remove such civil servants take, on average, four years to complete, during which the accused receive their full salary.

A threat to the rule of law and democracy?

"We will not allow our democratic constitutional state to be sabotaged from within by extremists," said Faeser on Wednesday. If the integrity of the state is damaged, it is particularly dangerous for the rule of law and democracy, she said.

Faeser's planned action has been motivated by cases such as that of former Bundeswehr soldier Franco A.*, a far-right extremist accused of plotting a terrorist attack while posing as a Syrian refugee. He has since been sentenced to prison.

There have also been recent plots to overthrow the state by so-called Reichsbürger, or Reich Citizens, a right-wing extremist conspiracy movement, while Germany's domestic intelligence agency, the BfV, has also deemed one judge, Jens Maier, to be an adherent of right-wing extremist ideology. All of these cases have involved people who have taken an oath to uphold the constitution.

Faeser said "anyone who rejects the state should not work for it, and every case of extremism must have consequences."

Experts skeptical of proposed change to disciplinary law

If the German parliament approves Faeser's bill, authorities will be able to remove anyone seeking to undermine the constitution from office by administrative act. Until now, they have had to take legal action to do so.

However, many experts have little faith in the planned change in disciplinary law.

"It is doubtful whether the goal of accelerating disciplinary proceedings can actually be achieved," said the German Alliance of Administrative Judges.

Germany's Civil Service Association, which has some 1.3 million members, is similarly skeptical.

The German Trade Union Confederation even believes the reform could backfire, because those affected may take legal action against their removal from the civil service — a constitutionally guaranteed right.

Faeser appears to have recognized this, acknowledging that "nothing will be changed in this respect; administrative courts can still review the decisions." And that, in turn, can mean lengthy court cases.

The interior minister also said the proposed bill is not about casting doubt on all civil servants. Instead, she said, it is aimed solely at accelerating legal action against suspected enemies of the constitution, with the same legal standards still applying.

Faeser said the reform also serves to protect "the vast majority of civil servants who act correctly." German civil servants are obliged to support the country's democratic order and to stand up for its preservation at work, but also when they are off the clock. When engaging in political activism, they are expected to exercise moderation and restraint.

Baden-Württemberg leads the way

The interior minister of the state of Baden-Württemberg, Thomas Strobl, supports Faeser's initiative. The southwestern state has allowed the swift removal of extremist civil servants since 2008.

"We rightly expect our civil servants to stand up for freedom, democracy and our constitutional state," Strobl, a member of the conservative Christian Democratic Union, told DW. "Action must be taken quickly and decisively when right-wing extremists are at work."

Faeser's draft law is explicitly modeled on the way things are done in Baden-Württemberg, where regulations have "proven effective for over 10 years."

Strobl's spokesman was unable, however, to say how many civil servants had so far been removed from their posts for unconstitutional actions. He also said the state does not collect data on such removals, adding that "the Interior Ministry has not held any disciplinary proceedings over extremist activities in recent years."

Few disciplinary actions carried out at federal level

Statements like these are likely to reinforce the skepticism of those who oppose Faeser's plans.

The Civil Service Association has referred to figures from the draft bill showing that 373 disciplinary measures were carried out at the federal level in 2021. This corresponds to 0.2% of the approximately 190,000 German civil servants. In the same period, only 25 cases came before an administrative court, equivalent to 0.01%.

"Even by multiyear comparison, the number of disciplinary proceedings remains at a very low level," according to the draft bill. It goes on to say that "only in a few cases is confidence in the dutiful exercise of office and in the integrity of the public service so permanently shaken that relevant measures have to be taken."

At worst, this can mean people losing their status as civil servants or having their state pensions canceled. Yet the example of Baden-Württemberg shows these consequences may not be faced by extremists alone. A Baden-Württemberg police officer was dismissed from the civil service due to a conviction for fraud. He filed a lawsuit against his dismissal, yet the case was rejected by Germany's top court.

Risk of stigmatization?

The Civil Service Association has accused Faeser of undermining trust in state employees and sowing distrust among citizens. Similarly, the Trade Union Confederation fears civil servants could be "stigmatized."

The bill will now be debated in parliament, where the Green Party — part of the governing coalition with Faeser's Social Democrats — has already announced it will welcome the draft law. However, the Greens have called for revisions.

This article was originally published in German.

*Editor's note: DW follows the German press code, which stresses the importance of protecting the privacy of suspected criminals or victims and obliges us to refrain from revealing full names in such cases.

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