Germany 2016 – The country needs the rule of law and not the state of emergency

“‘The year 2015 will be remembered as a year when a breach of law was committed, a breach of law, which is so dramatic because it was committed by states that are actually responsible for the protection of the law. What is the value of the rule of law, if states no longer subordinate to it? What shall we be guided by and hold fast to when we can no longer rely on the rule of law?’”

Frankfurter Allgemeine Sonntagszeitung from 20 December 2015

Germany 2016 – The country needs the rule of law and not the state of emergency

by Karl Müller

If you google the terms “Angela Merkel woman of the year” and “poverty in Germany” under the heading “news”, you get about an equal number of hits. Google delivers about 239,000 hits for the first and about 247,000 hits for the second term.
“Angela Merkel woman of the year” is quite wonderful for the propaganda departments of a certain part of the German “elites”: pomp and ceremony, Germany is playing an important role in the world again, with a globally recognised Chancellor who was even enthroned by the US magazine Time. Germany has an economy which is stronger in exports, sales and profit than almost any other European country. In Europe it has a unique “culture of welcome” for millions of refugees from around the world – with its chancellors mantra of “We can do it” ... and furthermore: Europe’s “gentle” hegemon, who has “rescued the EU out of necessity” and now wants to set the tone; is engaged in many places where war is being waged today.
“Poverty in Germany” at first glance does not fit so well into the illusory brave new German world. But it is a bitter reality, as the interview with Norbert Wohlfahrt (see below) shows.
Especially bitter because it does not have to be that way. But it is tacitly accepted – as a result of a policy based on false theories and pursuing tangible interests.
The result is the division of the country. Some people prefer reading that Chancellor Merkel has been named Woman of the Year, and the others read with concern or experience themselves that millions of people in Germany are having a tough time, because in more and more spheres of human life only one thing counts: cutting costs, primarily reducing personnel costs and making as much profit as possible.
And far too little consideration is given to what is right and what is wrong.
And yet this thought is by now urgently needed also for a country like Germany. On 20 December 2015, a few days before Christmas, the Frankfurter Allgemeine Sonntagszeitung wrote regarding to Germany: “The year 2015 will be remembered as a year when a breach of law was committed, a breach of law, which is so dramatic because it was committed by states that are actually responsible for the protection of the law. What is the value of the rule of law, if states no longer subordinate to it? What shall we be guided by and hold fast to when we can no longer rely on the rule of law?”
The same article also contains a quote from the Cologne state law professor Otto Depenheuer: “We make the state of emergency the rule.” And further down: “Incidentally the people are not treated well: The German people were not consulted in either the case of the euro-billions, nor in the question of the aid for refugees, since in the country the people are considered to be unpredictable. In the end simply that occurred which the paternalism of the elite had wanted to avoid. A section of the population feels itself to be homeless or marginalised.”
Have these “elites” really done everything possible to prevent this? Was really no one able to anticipate that the bitter reality of life for millions of people in this country in combination with their confrontation with the beautiful appearance, with the injustice and the lies in politics entails an enormous social time bomb? …
Perhaps some people see the “state of emergency”, which has already become “the rule”, as the perfect counterpart and the appropriate preparation for further radical measures by the government beyond the rule of law – radical measures that may end in the abyss.
More than 80 years ago, on 1 August 1934, shortly after the state-organised murder of 150 to 200 people (during the so-called Röhm Putsch on 30 June, 1 and 2 July 1934), the ideologist of the “state of emergency” Carl Schmitt provided the formal legal justification for extrajudicial executions and unlawful acts committed by the state in an essay titled “The Führer protects the law”.
We have not gone quite that far yet in present-day Germany. But how will the German government react if more and more social explosives should go off?
There will be readers who now call: Stop, this is a “conspiracy theory”! It would be better to return to what is right, to provide “the German people” with what they are entitled to – materially and politically – because this is precisely what the German Basic Law requires. And it would be better to finally quit trying to constantly stage new “states of emergency” and “lacks of alternatives” in which the law is broken and which wear people out. Politicians who are responsible for such a policy abuse their office. They must resign or are otherwise to be removed or voted out.    •

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