Chapter CXVII: Preface (4)

This short list of the most important Cabinet Council Decrees should suffice to make clear the extent and significance of the Cabinet Council legislation. It is obvious that this has lifted a quite exceptionally heavy burden from the Fuehrer’s shoulders. The Reich Chancellery, however, participates fully in the work of the Cabinet Council since the Chief of the Reich Chancellery is not only a member but also directs its affairs. The Chief of the Reich Chancellery was given the task of directing these affairs because it put him in a position to keep the Fuehrer conversant all the time with the work of the Cabinet Council. In this connection, the Chief of the Reich Chancellery, in cases where there is any doubt on the point, has to make sure that the Fuehrer has the opportunity in good time to make clear whether he is in favour at all of a measure planned by the Cabinet Council, or whether he would not prefer the form of a Cabinet or Reichstag law instead of a cabinet Council decree. Basically the right possessed by the Cabinet Council for the defence of the Reich to issue decrees is limited to legal matters directly connected with the defence of the Reich. However, in special cases and at times when the Fuehrer is on a visit to the front, this rule cannot always be kept. Should there be any doubt, whether and to what extent deviations from this rule can be made, it usually falls to the Reich Minister and Chief of Reich Chancellery to take steps to obtain the Fuehrer’s decision should the occasion arise.

According to the assignment of duties in the Reich Cabinet the Chief of the Reich Chancellery is in charge of the affairs of the Reich Cabinet as well. In this capacity he has to arrange the meetings of the Reich Cabinet on the direct instructions of the Fuehrer and to issue summonses to these meetings together with the agenda and the subjects up for discussion. He must also see that the Reich Ministries concerned are in agreement beforehand on the subjects to be discussed, or if they are not unanimous, that a clear position has been reached about the incompatibility of the various opinions and about the reasons for the opposed points of view. Ministerial conferences among the Ministers concerned may be held prior to the cabinet meeting to clear up these differences of opinion. These Ministerial Conferences under the chairmanship of the Reich Chancellor, took place before the assumption of power. Apart from exceptional occasions, this no longer occurs. Summonses to Ministerial Conferences are sent out by the Chief of the Reich Chancellery at the request of one or more of the ministers concerned; he then as a rule presides at these conferences. Naturally, this does not apply to the numerous ministerial conferences arranged by the authoritative Reich Ministers of the day, in which the matters dealt with are such that it is not, or not yet, necessary that the Fuehrer be informed; therefore the Reich Minister and Chief of the Reich Chancellery need not be present at the conferences.

The drafts of Cabinet laws [Regierungsgesetze] are first prepared by the authoritative ministry, that is the ministry most concerned, in agreement with any other ministry concerned, in the matter. There is sometimes a preliminary discussion of these in conferences between departmental heads [Chefbesprechungen] and then they are handed to the Chief of the Reich Chancellery who determines whether they are to be included in the agenda of a cabinet meeting or whether the agreement of all the members of the cabinet is to be obtained in writing by the so called process of circulation. Should there still be differences of opinion remaining unsolved when the cabinet deliberates on the drafts of the laws, the Fuehrer makes the final decision on the content of the law and its passing. This procedure is also followed when any opposition remains during the process of circulation and deliberation on the draft in a cabinet meeting seems impracticable for some reason or other.

Cabinet laws [Regierungsgesetze] decided on are drawn up and issued by the Fuehrer and Reich Chancellor. The finished law, the actual legal document, is signed first by the Fuehrer and then by the ministers concerned, who are thereby responsible to the Fuehrer for the law. Apart from the Reich Ministers concerned, the Reich Minister and Chief of the Reich Chancellery also appends his signature and, by this action, makes himself responsible that all Reich Ministers had the opportunity of stating their opinions. Furthermore, the president of the Cabinet Council for the defense of the Reich must append his signature to all Reich Laws and that under the signature of the Fuehrer and Reich Chancellor. Fuehrer Edicts with a legislative content are always signed also by the Reich Minister and Chief of the Reich Chancellery. This rule of signatures is based mainly on an internal regulation of the Fuehrer or on usage. It applies also to the Cabinet laws [Regierungsgesetze] which are issued as Reichstag laws or People’s laws.

The Reich Minister and Chief of the Reich Chancellery who, as we know, directs the affairs of the Cabinet Council plays a similar part in the work of the Cabinet Council for the defence of the Reich in issuing decrees which, as mentioned above, have the authority of laws, as he does with the Cabinet laws. It must be noted, that the peculiarity in this case is that the subjects dealt with by the Cabinet Council are distributed not merely among the members of the Cabinet Council, but also among all the members of the Cabinet who are thereby given the opportunity of guarding the interests of their spheres of office by adding their appropriate standpoints in the Cabinet Council legislation, even if they do not participate in making the decree.

PARTIAL TRANSLATION OF DOCUMENT 2232-PS

GERMAN ADMINISTRATIVE LAW [Deutsches Verwaltungsrecht]

by Dr. Hans Frank.

Published by: Central Publishing House of the NSDAP

Franz Eher Successor, Munich.

[Pages 420, 421, 424, 425, 430]

Task and Means of a Political Police.

A. The Task

The task of a political police in the sense of the National Socialist conception of this institution has been formulated best so far in