„Flexible Response“ im Staatsdienst: Von den „Radikalenerlassen“ der Bonner Republik zur funktionsbezogenen Verfassungstreue?

Abstract

"Flexible Response" in civil service: from the "radical letting" of the Bonn Republic to the functional constitutional faithful?

The fight against extremism was long in the paths of the Bonn Republic: party bans or "radical classes" of the Adenauer era and Brandt, finally later the almost factual waiver. Since the failed NPD II procedure, the more differentiated instruments of a "flexible response" of "defensive democracy" emerged. In view of the threat of democracy by (right-) ‌ Extremists, the introduction of the control protection should only take place in the context of the examination for constitutional fidelity, that is, limited to "security/democracy-relevant" offices/areas of the public service. This presupposes that the Federal Constitutional Court said goodbye to its "conservative" understanding of a uniform professional civil servant in this regard and at the same time was on the "more liberal" line of the ECHR, which this with his famous decision Vogt v. Germany already hit in the 1990s.