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QUESTIONNAIRE
to check compliance with the constitution
I have taken note of the list of the most important extremist or extremist-influenced organizations given to me. I am aware that in the following questions I also have to indicate
membership or collaboration in other extremist organizations or organizations influenced by extremism and in extremist organizations for foreigners or organizations influenced by extremism.
I answer the following questions as follows:
1. Are you or have you been a member of one or more extremist or extremist-influenced groups?
The organization?
no
And
(Organisation)
(Period)
(Function)
2. Support one or more extremist or extremist-influenced organizations or others
anti-constitutional efforts or have you supported such?
no
And
(Organization or other anti-constitutional endeavors)
(Period)
(type of support)
3. Did you work for the former Ministry for State Security / for the Office for National Security of the former GDR or for one of the subdivisions of these offices or foreign intelligence services or
comparable institutions?
no
And
(Period)
(function or type of support)
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Were you a so-called unofficial employee of the Ministry for State Security / Office for National Security of the former GDR
or foreign intelligence services / institutions or did you sign a declaration of commitment to cooperate with one of the offices
mentioned?
no
And
If yes, details:
4. Are you being prosecuted for violating principles of humanity or
rule of law initiated?
no
And
If yes, brief explanation:
In the event that an inquiry is to be carried out in the procedure according to Part 2 No. 1 to 4 of the
Constitutional Loyalty - Announcement of the Bavarian State Government (VerftöDBek), I declare my
approval
to obtain the necessary information from the State Office for the Protection of the Constitution and the
Federal Commissioner for the Records of the State Security Service of the former German Democratic Republic.
The collection, processing and use of data in the context of the above inquiries serves to ensure that applicants for the public
service are loyal to the constitution. The recipient of the information transmitted in response to the request is the respective
recruitment authority. Consent to obtaining the necessary information from the above-mentioned bodies can be refused. The
refusal may, however, stand in the way of employment in the public service (Part 2 No. 1 Para. 2, No. 5 VerftöDBek).
(Place and date) signature
Notes on numbers 1 and 2 of the questionnaire:
Organizations within the meaning of Nos. 1 and 2 are those that exist or have existed in the Federal Republic.
The most important of these organizations contain Nos. I and II of the list according to Section II No. 8 of the notice.
This list is not final. Membership in and support for other extremist or extremist-influenced organizations (including
foreigners' associations) must also be stated.
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excerpt from the
Announcement by the Bavarian State Government of December 3, 1991, Az. B III 3-180-6-403 on the obligation to comply with the constitution in the public service (constitutional
fidelity notification - VerftöDBek) in the currently valid version
Part 2 procedure
2. If, based on the information in the questionnaire, the applicant's refusal to sign the declaration in accordance with Annex 3 or Annex 4, or other facts that have become
known, there are doubts that the applicant will at all times support the free democratic basic order within the meaning of the Basic Law and the Bavarian Constitution occurs,
these doubts must be dispelled before hiring. Means are in particular
ÿ an inquiry to the State Office for the Protection of the Constitution as to whether facts are known that justify concerns about the hiring. The State Office
for the Protection of the Constitution is obliged to answer inquiries of this kind immediately.
If knowledge is available, the information must be limited to facts that can be used in court.
ÿ an inquiry to the Federal Commissioner for the Records of the State Security Service of the former German Democratic Republic in the areas specified in Section
20 (1) No. 6 letters d, e and h and Section 21 (1) No. 6 letters d, e and h of the Stasi -Documents Act (StUG) mentioned cases with the consent of the applicant.
3. In the case of applicants from the accession area who were born before January 12, 1972, deviating from No. 2, in § 20 Para. 1 No. 6 Letters d, e and h and § 21 Para.
1 No. 6 letters d, e and h StUG, always ask the Federal Commissioner for the Records of the State Security Service of the former German Democratic Republic with the
consent of the applicant about possible work for the Ministry for State Security or Office for National Security of the former GDR.
4.
In the following cases, inquiries must be made at the State Office for the Protection of the Constitution in accordance with No. 2
sentence 2 indent 1:
4.1. For applicants whose employment in the public service with the first appointment as a judge
connected is.
4.2. For applicants who were born in one of the following countries or who have or have had the citizenship of one of these countries: Islamic Republic of Afghanistan, Arab
Republic of Egypt, People's Democratic Republic of Algeria, Kingdom of Bahrain, People's Republic of Bangladesh, State of Eritrea, Republic of Indonesia, Republic of
Iraq, Islamic Republic of Iran, State of Israel -Individuals of Palestinian Ethnicity-, Republic of Yemen, Hashemite Kingdom of Jordan, Republic of Kazakhstan, Kyrgyz
Republic, State of Kuwait, Republic of Lebanon, Libya, Kingdom of Morocco, Islamic Republic of Mauritania, Sultanate of Oman, Islamic Republic of Pakistan, Kingdom of
Saudi Arabia, Federal Republic of Somalia, Republic of Sudan, Syrian Arab Republic, Republic of Tajikistan, Republic of Tunisia, Turkmenistan, Republic of Uzbekistan,
United Arab Emirates.
4.3. For applicants who do not have nationality – so-called stateless persons – or their nationality is
unknown or unclear.
8. The Bavarian State Ministry of the Interior, Building and Transport compiles a list of the most important extremist organizations or organizations influenced by extremism and
publishes it in the Allgemeines Ministerialblatt and in the Bayerisches Staatsanzeiger. If necessary, the directory is updated by the State Ministry of the Interior,
Building and Transport.
Attachment 3
Explanation
Based on the instruction given to me about the obligation to comply with the constitution in the public service, I hereby expressly declare that I affirm the principles of the free democratic
basic order as defined in the Basic Law and that I am prepared to support the free democratic basic order at any time through my entire behavior to confess in the sense of the Basic Law
and to stand up for their preservation.
I expressly assure that I do not support efforts that are directed against the free democratic basic order or against one of its fundamental principles mentioned above and
that I am not and have not been a member of an organization directed against this. I have taken note of the list of organizations with anti-constitutional objectives that was handed to
me.
I'm aware
ÿ that if I provide incorrect, incomplete or missing information in the recruitment process, I must expect that I will not be hired or that an appointment that has
been made will be revoked, or that the employment contract will be contested,
ÿ that in the event of a breach of these duties of service and loyalty, I will be removed from the service or with a
extraordinary termination.
______________________________________ _____________________________________________
(Place and date) signature
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2030.3-I
Constitutional Compliance in Public Service
Announcement by the Bavarian State Ministry of the Interior of November
29, 2007, Ref. ID6-0331-2 (AllMBl. P. 695, StAnz. No. 51), amended by
announcement of November 16, 2016, Az. IE3-1674-1 (General Journal p. 2181)
The State Ministry of the Interior publishes Section II No. 8 of the announcement by the Bavarian State Government on the obligation to comply with the constitution in the
public service - Constitutional Loyalty (VerftöD) of December 3, 1991 (AllMBl p.
895, StAnz No. 49), last changed by announcement of September 27, 2016 (AllMBl p. 2138) the following list, which will be updated in the future if necessary:
Directory of extremist or extremist-influenced organizations (non-exhaustive)
1. Left-wing extremism
Anti-Fascist Action Alliance Anti
Fascist Committee - Stop the black-brown rally movement (AKS)
Antikapitalistische Linke (AKL)
Workers' Union for the Reconstruction of the KPD (AB)
Working Group Cuba Si (Cuba Si)
Autonomous groups including local groups Bamberger Linke (BaLi)
German Peace Union (DFU)
German Communist Party (DKP)
The left. Socialist-democratic student association (DIE [Link])
Women's Association
Courage Free German Youth (FDJ)
GegenStandpunkt (GSP), formerly: Marxist Group (MG) - dissolved in May 1991 - Gera/Socialist Dialogue
(GSoD) international socialist left (isl)
Youth Against Racism in Europe (JRE)
Youth organization REBELL
Communist Party of Germany (“Section East”, headquarters Berlin)
Communist Platform (PCF)
Communist University Association (KHB)
Linksjugend (`solid)
Marx 21
Marxist Forum (MF)
Marxist-Leninist Party of Germany (MLPD)
Munich Alliance against War and Racism, formerly: Alliance Munich against War Munich
Kurdistan Solidarity Committee Revolutionary Socialist Federation (RSB)
Red help e. V. (RH)
Solidarity International (SI)
Socialist Alternative ADVANCE (SAV)
Socialist German Worker Youth (SDAJ)
Socialist Left (SL)
Association for Workers' Education North
Bavaria Association of those persecuted by the Nazi regime - Association of Anti-Fascists (VVN-BdA)
Popular Front Against Reaction, Fascism and War (VOLKSFRONT)
2. Right-wing extremism
Activities of the Munich fraternity Danubia (from January 2001)
Augsburg Alliance – National Opposition (AB-NO)
Blood & Honor - Division Germany with White Youth - banned since September 2000 - Citizens' movement Pro Munich
patriotic and social e. V Citizens' Initiative A (BIA) e. V., registered office: Nuremberg Citizens’ initiative to stop foreigners
(BIA)
Augsburg Citizens’ initiative to stop foreigners (BIA) Munich
Citizens’ initiative to stop social alternatives in the Upper Palatinate (BISAO)
Civic Initiative Social Affairs Fürth (BiSF)
Democracy Direct Munich e. V. (with the Friends of Democracy Direct Munich)
The Third Way (III. Way)
German League for People and Homeland (DLVH)
German Party - The Freedom Party (DP) until 2008
German People's Union (DVU)
German People's Union e. V. (DVU) including its action groups Germany Movement/ Peace
Committee
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The German Freedom Movement e. V. (DDF)
THE RIGHTS
The Republicans (REP) until 2008
government in exile of the German
Reich Franconian Action Front (FAF) – banned since
2004 – Freedom German Workers’ Party (FAP) – banned since 1995 –
Circle of Friends Ulrich von Hutten e. V
Society for Free Journalism e. V. (GFP)
Heimattreue Deutsche Jugend (HDJ) – banned since 2009 – aid
organization for national political prisoners and their relatives e. V. (HNG)
Identitarian Movement Germany
Young National Democrats (JN)
Kampfbund Deutscher Sozialisten (KDS) – dissolved in 2008 –
Midgard e. V
National Democratic Party of Germany (NPD)
Nügida
Pegida Franken
Pegida Munich e. V
Right-wing extremist comrades and local neo-Nazi groups such as Kameradschaft Hof, Bund Frankenland e. V., Lower Franconia
comradeship, Munich North comradeship, Free Nationalists in the Bavarian Forest, etc.
Right-wing extremist skinheads, hammer skins (with local groups and skinhead bands)
Ring of National Women (RNF)
Protection League for the German People
(SDV) Supra-regional comradeship alliances such as Free Network South (FNS), National Alliance Lower Bavaria (NBN) or Free
Resistance South Germany (FWS)
3. Islamist/Islamist-terrorist/foreign extremist efforts Abu Nidal Organization (ANO)
Abu Sayyaf
Ahl us-Sunnah wal Jama`a (Salafi)
Ahrar al-Sham (Hakarat Ahrar a-Sham)
Al Moqawama Al Islamiya (Islamic Resistance)
Al-Aqsa Brigaden
Al-Aqsa e. V.
Al-Gama al-Islamiya (Islamic Community - Islamic Groups - GI -)
Al-Ittihad al-Islami (Islamic Association), Somalia Al
Nahda, also: En Nahda Al-Qaeda (The Base), also:
International Islamic Combat Front against Jews and Crusaders or International Islamic Front Al-Qaeda in the Arabian Peninsula ( Yemen,
Saudi Arabia)
Al-Qaeda in the Islamic Maghreb (AQM), formerly: Salafiyya Group for Mission and Struggle (GSPC)
Al-Qaeda in Mesopotamia, also base of Jihad in Mesopotamia, Al-Qaeda in Iraq, Al-Qaeda for Jihad in Mesopotamia Al-Qassem Brigades
Al-Tauhid, also: Al-Tahwid Ansaar International / Düsseldorf e. V
Ansar al-Islam, or: Jaish Ansar al-Sunna, formerly: Jund al-Islam, Kurdish al-Tauhid, 2nd Soran unit, Kurdish Hamas ansarul aseer
Kurdistan Workers' Party (PKK) - banned in Germany since 1993 (KONGRA GEL or KHK), Kurdistan Freedom and
Democracy Congress (KADEK), United Communities of Kurdistan (KCK), Community
designations:
of Municipalities
–, People's
in Kurdistan
Congress (KKK)
of Kurdistan
further
Asbat al-Ansar (AaA)
Baath Party, Iraq
Babbar Khalsa International (BK)
Kosovo Liberation Army (KLA)
Armed Units of the Poor and Oppressed (FESK)
Armed Islamic Group (GIA)
Free Youth
Dar al-Shabab (International Youth Association Dar al-Shabab e. V.) – banned in Germany since 2014 – Dawa Team
Frankfurt am Main (DAWAFFM) – banned in Germany since 2013 – Democratic Front for the Liberation of Palestine
(DFLP)
Democratic Youth (DEM-GENC)
Democratic Society Center for Kurdish Women in Germany (NAV-DEM), formerly: Federation of Kurdish Associations in
Germany e. V. (YEK-KOM)
Devrimci Sol (Revolutionary Left) – banned in Germany since 1983 – The True
Religion (DWR)
Invitation to Paradise (EZP) - banned in Germany since 2011 - European
Mosque Construction and Support Association e. V. (EMUG)
Colors for orphans e. V. (FFW), formerly: Orphans Project Lebanon e. V. (WKP)
Virtue Party – FP – (Virtue Party)
Federal Islamic Organisation Europe (FIOE)
Federation of Workers from Turkey in Germany e. V. (ATIF)
Federation of Immigrant Workers from Turkey in Germany e. V. (AGIF)
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Federation of Democratic Alevis (FEDA or DAF), formerly: Federation of Alevis from Kurdistan (FEK or KAF), Union of Alevis from Kurdistan (KAB or YEK)
Federation of Patriotic Workers' and Cultural Associations from Kurdistan in the Federal Republic of Germany e. V. (FEYKA Kurdistan) – banned in Germany since 1993
– Federation of Turkish-Democratic Idealist Associations in Europe e. V. (ADÜTDF)
Freedom Falcons of Kurdistan (TAK)
Al-Shabaab Movement (Somalia)
Harakat Ul-Ansar, Kashmir
al-Mujahidin (Mujahidin movement), Kashmir/Pakistan House of Kurdish Artists e. V.
(formerly: HUNERKOM)
Help in need e. V
Help4Ummah e. V.
Hezb-i Islami (HIA)
Hilafet Devleti (Caliphate State), formerly: Association of Islamic Associations and Communities e. V. (ICCB) – banned in Germany since 2001 – Hisbul-Islami
(Somalia)
Hizbullah (Party of God)
Hizb ut-Tahrir (Islamic Liberation Party)
International Sikh Youth Federation (ISYF)
Islamic Movement of Kurdistan (IMK)
Islamic audios - banned in Germany since 2013 - Islamic avant-garde
Islamic movement of Uzbekistan (IBU), also: Islamic Movement of
Uzbekistan (IMU), also: Uzbekistan Islamic Movement (ÖIH)
Islamic Community in Germany e. V. (IGD) and its Islamic Centers (IZ)
Islamic Community Milli Görüs e. V. (IGMG)
Islamic Society of Kurdistan (CIK), formerly: Islamic Movement of Kurdistan (KIH) or Islamic Union of Kurdistan (HIK) - subsidiary organization of KONGRA GEL -
Islamic Salvation Front (FIS)
Islamic Jihad Union (IJU)
Islamic Association in Bavaria e. V. (IVB)
Islamic Resistance Movement (HAMAS)
Islamic Union of Palestine (IBP)
Islamic Humanitarian Development Service (IHED)
Islamic State (IS), also: ISIS or ISIG – ban on activities in Germany since 2014 – Ismail Aga Cemaati (IAC)
Jabhat al-Nusra(h), (al-)Nusra(h) Front Jaish
Aden Abyan (Aden Abyan Army), Yemen Jama`at Islamya
Kurdistan (Islamic Group of Kurdistan, also Komele Islami le Kurdistan, Komala Islami, Jama`at Islami , Group Islam Bapir, Ali Bapir Jam`at Islami Iraq)
Jama`at wa`l Dawa, formerly: Laskhar-e Tayyba Jemaah
Islamiya (Islamic Community), Indonesia Jihad Islami (JI)
Jund al Nusrah
Jund al-Sham (JaS) [note: jihadist-salafist organization in Lebanon]
Junud al-Sham, also: Junud ash-Sham [note: jihadist organization in Syria]
Kata'ib Ahrar al Sham (KAS)
Confederation of Workers from Turkey in Europe (ATIK)
Confederation of Oppressed Migrants in Europe (AvEG-Kon)
Congress of the Kurdish Democratic Society in Europe (KCD-E), formerly: Confederation of Kurdish Associations in Europe (KON-KURD)
Coordination of the Kurdish Democratic Society in Europe (CDK), formerly: Kurdish Democratic People's Union (YDK), before: National Liberation Front of
Kurdistan (ERNK), - banned in Germany since 1993 - Kurdish Women's Movement in Europe (TJKE, AKKH), association of proud women (KJB) with the groups
Free Women's Associations (YJA), Free Women's Movement (YJA-STAR) and Kurdistan Women's Freedom Party (PAJK), formerly: Free
Women's Party (PJA), formerly: Union of Free Women from Kurdistan (YAJK)
Kurdish National Congress (KNK)
Kurdish Red Crescent (HSK)
Kurdistan Information Office in Germany (KIB) – banned since 1995 – Kurdistan
Information Center (KIZ)
Kurdistan Committee e. V., Cologne – banned since 1993 –
Liberation Tigers of Tamil Eelam (LTTE)
Maoist Communist Party (MKP), formerly: East Anatolian Regional Committee (DABK)
Marxist-Leninist Communist Party (MLCP)
Medicine with heart e. V
Millatu Ibrahim – banned in Germany since 2012 – Multikulturhaus
Neu-Ulm e. V. – banned since 2005 –
Muslim Brotherhood (MB)
Muslim Youth in Germany e. V. (MJD)
National Council of Resistance of Iran (NCRI)
Palestinian Islamic Jihad (PIJ)
National Movement Party (MHP)
Partizan (Turkish Communist Party wing/Marxist-Leninist – TKP/ML –)
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Welfare Party – RP – (Welfare Party)
Revolutionary People's Liberation Party Front (DHKP-C) - banned in Germany since 1998 - Saadet Partisi
- SP - (Party of Happiness)
Salafiyya Group for Mission and Struggle (GSPC)
Solidarity Committee with the Political Prisoners in Turkey (DETUDAK)
Tablighi Jama`at (TJ), also: Jamiyyat al Dawah wal-Tabligh Tawhid
Germany / Tauhid Germany / Team Tauhid Media – banned in Germany since 2014 – Chechen Republic of
Ichkeria (CRI), also: Chechen Separatist Movement (TSB)
Turkish Hizbullah (TH), also: Turkish Hezballah / Hizbollah / Hizb Allah Turkish
Communist Party/Marxist-Leninists (TKP/ML) and split-off Partizan wing Turkish People's Liberation Party Front
(THKP-C Devrimci Sol) - banned in Germany since 1998 - Union of Journalists of Kurdistan (YRK)
Union of Kurdish Teachers, Union of Teachers from Kurdistan (YMK)
Union of Islamic Student Associations in Europe (UISA)
Union for the Care of Kurdish Culture and Art (YRWK)
Association of Students from Kurdistan (YXK)
Association of Democratic Youth of Kurdistan (KOMALEN-CIWAN), formerly: Movement of Free Youth of Kurdistan (TECAK), formerly:
Union of Kurdistan Youth (YCK)
Popular Front for the Liberation of Palestine - General Command - (PFLP-GC)
Popular Front for the Liberation of Palestine (PFLP)
People's Mujahidin Organization of Iran (MEK)
People's Defense Forces (HPG), formerly: People's Liberation Army of Kurdistan (ARGK), Kurdistan Liberation Units (HRK)
Truth in the Heart (DWIH)
Yatim Kinderhilfe e. V
4. Other kinds of extremism
Citizens' movement Pax Europa – Landesverband Bayern (BPE Bayern)
DIE FREIHEIT Bayern
Pegida Nuremberg
Politically Incorrect Group Munich (PI-Munich)
Reich Citizens' Movement (e.g. exile government of the German Reich, state of Bavaria, home society of the municipality of Chiemgau) and so-
called self-government (people who declare that they have left the Federal Republic of Germany and define, for example, their apartment, house
or property as sovereign national territory)
Scientology Organization (SO) and its subdivisions"
This notice is effective December 1, 2016.
Gunter Schuster
Ministerial Director
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instruction
on the obligation to comply with the constitution in the public service
The civil servant must be committed to the free democratic basic order within the meaning of the Basic Law through his entire
behavior and stand up for its preservation (§ 33 Para. 1 of the Civil Service Status Act - OfficialStG).
Accordingly, according to Section 7, Paragraph 1, No. 2 of the Civil Service Act, only those who guarantee that they will stand up for the
free democratic basic order within the meaning of the Basic Law and the constitution of the Free State of Bavaria may be appointed to the
civil service.
The same regulations also apply to judges (Section 9 No. 2 of the German Judges Act; Section 71 of the German Judges Act in
conjunction with Section 33 (1) Civil Service Tax Act).
The obligation for employees to commit themselves to the free democratic basic order in the sense of the Basic Law through their
entire behavior results from § 3 paragraph 1 sentence 2 of the collective agreement for the public service of the federal states (TV-L).
According to the case law of the Federal Constitutional Court (cf. judgment of October 23, 1952 - Az. I BvB I 51 - Collection of decisions of
the Federal Constitutional Court Vol. 2 S. l ff. -; judgment of August 17 1956 - Az. 1 BvB 2 51 - Collection of the decisions of the Federal
Constitutional Court, Vol. 3, p. 85 ff. -) an order that, to the exclusion of any violent and arbitrary rule, establishes a rule of law based on the
self-determination of the people according to the will of the respective majority and which represents freedom and equality. The free
democratic basic order is the opposite of the total state, which rejects human dignity, freedom and equality as the exclusive ruling power.
The basic principles of this order include in particular:
Respect for the human rights specified in the Basic Law, especially for the right of personality to life and free development,
the popular sovereignty,
the separation of powers,
the responsibility of the government,
the lawfulness of the administration,
the independence of the courts, the
multi-party principle, equal
opportunities for all political parties, the
right to constitutional formation and exercise of opposition.
Participation in efforts directed against the free democratic basic order characterized by the aforementioned principles is
incompatible with the duties of a public servant. It is irrelevant whether these efforts are pursued within the framework of an
organization or outside of one.
Civil service applicants who participate in or support anti-constitutional endeavors shall not be employed.
Officials and judges found guilty of such a breach of duty may be subject to disciplinary proceedings aimed at removing them from
office.
In these cases, employees must expect extraordinary termination in accordance with Section 626 (1) of the German Civil Code.
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