945:
over the lower courts but on occasion serves as a link in the chain of command by issuing general legal directives. According to
Article 93 of the Constitution, the Supreme Court "directs the jurisdiction of the courts on the basis of the Constitution, the laws, and their statutory regulations. . . . It ensures a uniform application of the law by all courts." The directive function of the Supreme Court went far beyond that of supreme courts in Western systems, which as a rule do not give legally binding instructions to the lower courts concerning specific questions of law. The Supreme Court was responsible to the People's Chamber and, between the latter's sessions, to the Council of State. Internally, the organization of the high court consisted of an assembly, a presidium, and three functional administrative divisions known as collegiums for criminal justice, military justice, and civil, family, and labor law. The assembly, which was directed in its plenary sessions by the Supreme Court Presidium, consisted of fifteen directors of the district courts, the chairmen of the higher military courts, and all professional judges.
964:. The first were formed in state-owned and private enterprises, health and educational institutions, offices, and social organizations. The second were established in residential areas, collective farms, and cooperatives of manual laborers, fishermen, and gardeners. Created to relieve the regular courts of their minor civil or criminal case loads, the jurisdiction of the courts applied to labor disputes, minor breaches of the peace, misdemeanors, infringements of the law, truancy, and conflicts in civil law. These courts were composed of lay jurors elected by their respective constituencies. Party officials at the community level generally influenced the nomination of jurors to the community courts and exercised considerable influence on the outcome of cases heard at this level.
106:
933:
subordinated the judiciary, along with all other government organs, to the People's
Chamber. Judgeships were restricted to Communists of proven loyalty. The regime officially considered law and justice the tools for building a communist society and declared it the duty of all judicial and legal officers to serve this end. In effect, legal and judicial organs served as agencies for promoting official doctrine, and the careers of personnel in the system were dependent on their political ratings as determined by higher state and party officials.
36:
839:
1972. Whereas earlier the
Council of Ministers had been described as the "executive organ of the People's Chamber," the 1972 statute defined the council as the "government." According to the new law, the Council of Ministers was to "carry out the decisions of the party of the working class on the basis of the laws and decisions of the People's Chamber." The Constitution (as amended in 1974) significantly expanded the functions of the Council of Ministers at the expense of the Council of State.
937:
prosecutors throughout East
Germany, including those active in military courts; he could dismiss them, and they were "responsible to him and bound by his instructions." The Office of the Prosecutor General was also responsible for supervising "strict adherence to socialist legality and protecting citizens from violations of the law." The role of the Ministry of Justice, which was not mentioned in the Constitution, appeared to be largely formal and propagandistic.
1179:
888:
practice, the converse was true; the People's
Chamber was obliged to approve those actions that were undertaken by the council and then routinely submitted to the legislature. Similarly, the People's Chamber was given the formal responsibility of selecting the membership of the council; in practice such personnel decisions were made by the
863:
Hans
Reichelt of the DBD; the minister of justice - Hans-Joachim Heusinger of the LDPD; and the chairman of the State Contract Court - Manfred Flegel of the NDPD. The other five positions held by deputy chairman on the Presidium of the Council of Ministers were occupied by members of the Central Committee of the SED. Two of the appointees,
788:
became head of state. It is reasonable to assume that given East
Germany's close adherence to Soviet practices, the increased invisibility of the Council of State since the late 1970s can be traced at least in part to parallel developments in the Soviet Union. Related to the takeover of the council's
895:
The
Council of Ministers was responsible for providing the People's Chamber with the major legal drafts and decisions that subsequently were to be promulgated by the parliament. The work style of the Council of Ministers was a collective one. It normally met on a weekly basis to discuss problems and
842:
In 1987 the
Council of Ministers consisted of a chairman, two first deputy chairmen, and nine deputy chairmen, all of whom constituted an inner circle called the Presidium of the Council of Ministers. The chairman of the Council of Ministers, Willi Stoph, was head of the government (prime minister).
838:
was the government of East
Germany and the highest organ of the state apparatus. Its position in the system of government and its functions and tasks were specified in the Constitution as amended in 1974 as well as in the "Law on the Council of Ministers of the German Democratic Republic" of October
684:
as a condition of their existence. The other purpose was to catch parts of society that would ordinarily not be represented by the SED, a nominal workers party. For example, the CDU was directed to the large number Christians in the GDR, the NDPD was designed to catch former NSDAP members and so on.
952:
The county court was the lowest level of the judiciary system, and each of the country's counties had at least one such court, which was presided over by a professional judge and two lay assessors. The majority of all criminal and civil cases were tried at this level; county courts had jurisdiction
948:
Each district court was presided over by a professional judge and two jurors in cases of original jurisdiction and by three professional judges in cases of appellate jurisdiction. The district courts had appellate jurisdiction in civil cases and original jurisdiction in major criminal cases such as
944:
Under the Constitution, the Supreme Court, as the highest organ of the legal system, directed the jurisdiction of all lower courts and was charged with ensuring the uniform application of the law on all levels. The highest court not only had the right of extraordinary appeal as a measure of control
940:
The organs of justice were the Supreme Court, regional courts, district courts, and social courts. Military jurisdiction was exercised by the Supreme Court and military tribunals and courts. The specific areas of responsibility for each level of the court system are defined by law. Professional and
936:
At the top of East Germany's legal system was the Ministry of Justice, the Supreme Court, and the Office of the Prosecutor General. In 1987 the heads of these offices were, respectively, Hans-Joachim Heusinger (LDPD), Heinrich Toeplitz (CDU), and Josef Streit (SED). The Prosecutor General appointed
862:
In 1987 four of the nine deputy chairmen represented the four non-SED political parties allowed to operate in East Germany. The four non-SED deputy chairmen were the minister of posts and telecommunications - Rudolf Schulze of the CDU; the minister of environmental protection and water management -
807:
of the SED; Stoph was also chairman of the Council of Ministers, and Sindermann was president of the People's Chamber. Four of the deputy chairmen of the Council of State represented the other four political parties, as did four of its seventeen members. The day-to-day functions of the council were
928:
Like all other aspects of the government administration of East Germany, the party was the ultimate decision maker in the operation of the legal system. The Constitution, however, provided for the right of citizens to a voice in the judicial process and the selection of judges, directly or through
941:
lay judges of the courts are elected for five years by corresponding representative bodies, except district court judges, who were elected directly by the citizenry. They were subject to dismissal for malfeasance and for violations of law and the Constitution in the performance of their duties.
932:
In fact, separation of powers did not exist in the East German system of government. Although the Constitution asserted the independence of the courts, it also subordinated the judiciary to the political authorities and their political goals. Even the superficially democratic 1949 Constitution
689:
implementing them. In elections, voters only had the option of approving or rejecting a single "united list" of NF candidates. Elections were not secret and voters that rejected the National Front list or struck candidates from the list faced consequences. Two of the block parties were formerly
929:
their elected representatives. It further provided for citizen participation in the administration of justice in an effort to deter crime. Basic guarantees for justice were said to derive from the "socialist society, the political power of the working people, and their state and legal system."
887:
and the Central Committee of the SED. The Council of Ministers was required to work closely with the People's Chamber, and according to its administrative guidelines, the council was required to have all its legal drafts and decisions approved by the People's Chamber before they became law. In
815:
In the mid-1980s, the functions performed by the Council of State included representing the country abroad and ratifying and terminating international treaties; supporting local assemblies in the implementation of their economic and budgetary plans; administering electoral laws that govern the
792:
In referring to the Council of State, the Constitution declared that it consisted of the chairman, deputy chairmen, members, and secretary; it did not specify the number of deputy chairmen and members. In 1987, under the chairmanship of Honecker, there were eight deputy chairmen and seventeen
808:
carried on by a staff consisting in 1987 of twenty offices and departments, all of which were headed by SED members. Despite the presence of non-SED members as deputy chairmen and members of the leadership group, SED control was guaranteed by the presence of Honecker, Stoph, Sindermann, and
685:
All of these parties were subservient to the SED, which per the GDRs constitution was the ruling party. All decisions, in practice, were made by the Politburo of the Central Committee of the SED, with the Central Committee of the SED and the Volkskammer rubber-stamping its decisions and the
820:; and administering the activities of the Supreme Court and the Office of the Prosecutor General to ensure their actions were congruent with the Constitution and the civil law. In this area, the Council of State possessed additional responsibility for proclaiming amnesties and pardons.
896:
plans put forward by individual ministers. It also confirmed decisions that were already made by the Presidium. The Presidium was of special importance because of its responsibility for handling the affairs of the council when the full body was not in session.
779:
during his tenure as first secretary of the SED. After Ulbricht was forced to relinquish that position in 1971, the prestige and authority of the council correspondingly began to decline. However, although it was no longer the de facto supreme executive organ,
910:—FDGB); instructing and controlling subordinate levels of government, i.e., the councils at district, county, and community levels that implemented the laws and decisions of the central government; improving the functioning of the system of "
679:
The purpose of the National Front was to give the impression that the GDR was a democracy governed by a broad-based coalition. In fact, all parties and mass organizations were subservient to the SED, and had to officially accept the SED's
882:
According to the Constitution, all members of the Council of Ministers were formally elected to their posts by the People's Chamber for a five-year term. In fact, these decisions probably emanated from the
875:
members. Of the thirty-three regular members on the council, including both ministers and nonministers, nineteen were concurrently members of the Central Committee of the SED, and two were also
477:
816:
selection of local assemblies on the community, city, county, and district levels; discharging responsibilities for the maintenance of the country's defense with the assistance of the
789:
chairmanship by Honecker is the fact that after 1977 the number of individuals who were simultaneously members of the council and of the SED's Central Committee Secretariat increased.
668:
377:
602:
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Specific functional responsibilities of the Council of Ministers included directing and planning the national economy; solving problems growing out of membership in the
252:
784:'s assumption of the chairmanship of the Council of State in October 1976 represented a renewal of its importance. A similar move was made in the Soviet Union when
718:
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903:(Comecon—see Appendix B); coordinating and implementing social policy decisions that have been agreed upon with the support and concurrence of the
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members. The latter were Erich Mielke, minister of state security, and Hans Joachim Böhme, minister of university and technical affairs.
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member since 1953, was again appointed council chairman in 1986. Unlike the nine deputy chairmen, the two first deputy chairmen,
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725:. The SED members on the list were always the majority because many candidates of the mass organizations were also SED members.
554:
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The other political parties ran under the joint slate of the National Front, controlled by the SED, for elections to the
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In addition to the regular law courts, East Germany also developed an extensive system of community and social courts
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Non-parliamentary mass organizations which nevertheless played a key role in East German society included the
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independent (CDU and LDPD/LDP) and two others were established on the instigation of the SED (NDPD and DBD).
1120:
975:
914:" within the state apparatus; and carrying out the basic foreign policy principles of the socialist state.
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1017:(Chairman of the SED - jointly with Wilhelm Pieck, 1946–50; Chairman of the Council of Ministers, 1949–64)
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590:
435:
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1023:(Chairman of the Council of Ministers, 1964–73 and 1976–89; Chairman of the Council of State, 1973–76)
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1011:(Chairman of the SED - jointly with Otto Grotewohl, 1946–50, ; State President, 1949–60)
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over cases not assigned elsewhere and civil cases involving only small amounts of property.
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717:. In an attempt to include women in the political life in East Germany, there was even a
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1005:(General Secretary of the SED, 1950–71; Chairman of the Council of State, 1960–73)
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1029:(General Secretary of the SED, 1989; Chairman of the Council of State, 1989)
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859:, generally had not been responsible for specific ministerial portfolios.
1047:, famous for his role (as a government spokesman) in the fall of the
771:
Designated as an organ of the People's Chamber, the Council of State
748:, an organisation for the elderly). Another society of note was the
553:
on 7 October 1949 and began to institute a government based on the
1182:
This article incorporates text from this source, which is in the
892:. The legislature was then expected to approve the selections.
812:, probably the four most powerful individuals in the country.
793:
members. In addition to Honecker, two of the deputy chairmen,
29:
1219:
Andreas Malchya: Der Ausba des neuen Systems 1949 bis 1961
999:(SED), 1971–89; Chairman of the Council of State, 1976–89)
989:(predecessor of the East German government), (1948-1949)
577:, SED), which along with other parties, was part of the
949:
economic crimes, murder, and crimes against the state.
618:, the East German parliament. The other parties were:
960:, known also as "conflict or arbitration commissions"
601:(PDS), which eventually merged with the West German
1041:, first (and only) non-socialist head of government
581:. It was created in 1946 through the merger of the
603:Electoral Alternative for Labor and Social Justice
1166:List of Volkskammer members (9th election period)
843:Stoph, a representative of the old guard and a
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8:
1250:http://www.paper.olaf-freier.de/blockpt.htm
623:Christlich-Demokratische Union Deutschlands
571:Sozialistische Einheitspartei Deutschlands
517:
503:
91:
1131:Soviet Military Administration in Germany
1111:History of the German Democratic Republic
665:Nationaldemokratische Partei Deutschlands
651:Liberal-Demokratische Partei Deutschlands
80:Learn how and when to remove this message
730:German Gymnastics and Sports Association
719:Democratic Women's Federation of Germany
43:This article includes a list of general
27:Overview of the politics of East Germany
1235:Library of Congress Country Study, 1987
1211:
697:also included representatives from the
637:Demokratische Bauernpartei Deutschlands
94:
901:Council for Mutual Economic Assistance
1223:Bundeszentrale fĂĽr politische Bildung
671:, NDPD), merged with the West German
657:, LDPD), merged with the West German
627:Christian Democratic Union of Germany
7:
750:Society for German-Soviet Friendship
687:Council of Ministers of East Germany
669:National Democratic Party of Germany
643:, DBD), merged with the West German
641:Democratic Farmers' Party of Germany
629:, CDU), merged with the West German
579:National Front of Democratic Germany
1035:, last socialist head of government
968:Politicians of note in East Germany
908:(Freier Deutscher Gewerkschaftsbund
655:Liberal Democratic Party of Germany
972:Leaders and their key positions -
962:(Konflikt-und Schiedskommissionen)
905:Free German Trade Union Federation
715:Free German Trade Union Federation
587:Social Democratic Party of Germany
49:it lacks sufficient corresponding
25:
591:Soviet Occupation Zone of Germany
1177:
871:, a candidate member, were also
575:Socialist Unity Party of Germany
545:), commonly known in English as
104:
34:
539:Deutsche Demokratische Republik
1:
1126:National Front (East Germany)
924:Supreme Court of East Germany
734:Deutscher Turn- und Sportbund
599:Party of Democratic Socialism
1225:, last retrieved 2019-05-01.
1136:Constitution of East Germany
958:(gesellschaftliche Gerichte)
1156:People's Control Commission
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1141:German Economic Commission
995:(General Secretary of the
987:German Economic Commission
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827:
775:was largely a creation of
764:
597:, the SED was renamed the
583:Communist Party of Germany
531:German Democratic Republic
363:Christian Democratic Union
1195:Federal Research Division
834:The Council of Ministers
378:National Democratic Party
368:Democratic Farmers' Party
1265:Politics of East Germany
1146:German People's Congress
818:National Defense Council
569:in East Germany was the
565:. The equivalent of the
392:Administrative divisions
373:Liberal Democratic Party
249:Constitutional Assembly
97:Politics of East Germany
1151:German People's Council
1121:Leaders of East Germany
976:Leaders of East Germany
64:more precise citations.
801:, were members of the
18:East German government
997:Socialist Unity Party
912:democratic centralism
836:(Ministerrat der DDR)
707:Freie Deutsche Jugend
154:Socialist Unity Party
824:Council of Ministers
595:German reunification
189:Council of Ministers
1200:Library of Congress
773:(Staatsrat der DDR)
742:People's Solidarity
675:after reunification
661:after reunification
647:after reunification
633:after reunification
605:to form the modern
549:) was created as a
1099:Johannes R. Becher
1039:Lothar de Maizière
853:Werner Krolikowski
721:with seats in the
699:mass organisations
551:socialist republic
259:General elections
194:Head of Government
1045:GĂĽnter Schabowski
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830:Ministerrat
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723:Volkskammer
695:Volkskammer
615:Volkskammer
561:during the
397:East Berlin
241:Referendums
209:Legislature
177:(1960–1990)
169:(1949–1960)
62:introducing
1206:References
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810:Egon Krenz
713:), or the
607:Left Party
563:Stalin era
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45:references
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767:Staatsrat
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238:Elections
216:President
166:President
1259:Category
1105:See also
851:members
467:Schwerin
70:May 2011
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