The Arbitrariness in the FRG

The courts can only have jurisdiction if they are independent, impartial and based on law.

Legal provisions in German law which are not complied with, or which are violated:

Art. 97 Basic Law Judicial independence

(1) Judges shall be independent and subject only to the law.

Criminal Code § 92

Definitions

(1) Within the meaning of this statute, the continued existence of the Federal Republic of Germany is deemed to be undermined by whoever ends its freedom from foreign domination, abolishes its national unity or secedes one of its constituent territories.

(2) Within the meaning of this statute, ‘constitutional principles’ means

1.  the right of the people to exercise state authority in elections and ballots and through particular organs of legislative, executive and judicial power and to elect parliament in general, direct, free, equal and secret elections,

2.  the subjection of legislation to the constitutional order and the subjection of the executive and judicial power to law and justice,

3.  the right to form and exercise a parliamentary opposition,

4.  the possibility of dissolving the government and its responsibility to parliament,

5.  the independence of the courts and

6.  the exclusion of all forms of tyranny and arbitrary rule.

(3) Within the meaning of this statute,

1.  ‘activities directed against the continued existence of the Federal Republic of Germany’ means activities by supporters who work towards undermining the continued existence of the Federal Republic of Germany (subsection (1)),

2.  ‘activities directed against the security of the Federal Republic of Germany’ means activities by supporters who work towards undermining the external or internal security of the Federal Republic of Germany,

3.  ‘activities directed against constitutional principles’ means activities by supporters who work towards abolishing, suspending the application of or subverting a constitutional principle (subsection (2))

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