The case is a pipe

German court allows neo-Nazi to clean chimneys

An active member of the German far-right National Democratic Party (NDP) has the right to perform his official duties related to the inspection and maintenance of chimneys in stoves. So the other day a preliminary decision was made by a court in the East German city of Halle in the federal state of Saxony-Anhalt.

The judge ruled that the chimney sweep's political orientation was irrelevant, so the right-wing extremist party supporter could continue to perform his duties for now. The Land Administrative Office, which in April suspended a chimney sweep with neo-Nazi inclinations working in the tiny town of Lauha, also does not have the right to deprive him of the title of district chimney sweep. This state title, given its significance for public fire safety, is awarded in Germany for life.

The judge did not find in the German law on chimney sweeps a legal basis for depriving a supporter of neo-Nazi nonsense of the relevant licenses. “The person has so far conscientiously performed his professional tasks,” the court’s ruling said. “His political worldview does not appear to have an impact on his profession.”

This was only a preliminary decision of the court, which left the chimney sweep at his post until the final proceedings were completed. The officials filed a cassation appeal with the Higher Regional Administrative Court in Magdeburg. They emphasized that the deprivation of the chimney sweep’s license to work in the district entrusted to him was caused, in particular, by the fact that “he is considered a leading right-wing extremist in the district and is a deputy from the NDP in the Kraistag (district parliament - Ed. ).”

Further, the complainants from the administrative department alleged that the chimney sweep had repeatedly taken part in events dedicated to the memory of the murderers of Walter Rathenau. A German politician during the Weimar Republic, who served as Foreign Minister, was assassinated in 1922 by members of the ultra-nationalist organization Consul. The nationalists hated Rathenau for signing the Treaty with Russia in Rapallo in 1922 and for his origin - he was a Jew. After coming to power, the Nazis declared Rathenau's killers heroes and celebrated the day of his murder as a holiday.

Taking into account this difficult historical legacy, local authorities decided that the participation of the chimney sweep in dubious activities “casts doubt on the activities of a public department operating on the basis of the principles of the rule of law.” Officials noted that “the chimney sweep has been granted a lifetime monopoly on behalf of the state,” and “while performing his duties, the chimney sweep has the right of access to any citizen.” However, the law on chimney sweeps does not contain requirements for their ideological purity.

The Land Ministry of Economics joined the proceedings. From his message it follows that “the court did not sufficiently evaluate certain aspects of the case.” This, in particular, concerns the right of the district chimney sweep to have unhindered access to the premises and to monitor heating systems in residential buildings. In addition, the law on chimney sweeps requires the “personal and professional reliability” of an employee corresponding to this high position.

Yuri Shpakov, Berlin