Germany prevents civil servant from being a civil servant due to ties with the Muslim Brotherhood
The Town Council of Karlsruhe He blocked the appointment of a woman due to intelligence reports linking her to Islamist structures. The courts have upheld the decision.
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A Muslim woman has been barred from serving as an official at the Karlsruhe Immigration Office because of her links to the Muslim Brotherhood. The City Council blocked the appointment because of the secret services' reports. who warned of a close association with this Islamist organisation because of her voluntary work as a teacher at a mosque. The woman took the case to court.
The Administrative Court of Karlsruhe has now endorsed the City Council's decision and considers that There are «justified doubts» about his constitutional loyalty.. The public sentence explains that the mosque where she taught is integrated into the structures of the Muslim Brotherss, an organisation that pursues objectives «undoubtedly incompatible with the fundamental democratic order»Furthermore, the claimant failed to dispel these doubts or to demonstrate a clear willingness to distance herself from the Brotherhood's ideas.
«Being a civil servant is not just about holding a public post.»
In Germany, access to the civil service entails a specific requirement of constitutional loyalty. Article 7 of the law regulating the civil service statute provides that Only a person who offers guarantees of defending «the free democratic order at all times» can be appointed as a civil servant.» defined by the Constitution. The court emphasises that this requirement does not oblige the City Council to wait for criminal conduct or an explicit act against the State to emerge: if there are sufficiently solid elements to cast doubt on that loyalty, the appointment may be refused.
The judges, however, also introduce an important nuance: The Town Council could not simply obey automatically whatever the intelligence service said.. The Administrative Court rejects that the reports of the Office for the Protection of the Constitution are binding in themselves. However, once examined, it considers that in this case they contained sufficient information to give rise to these «justified doubts.» The woman's voluntary work as a teacher was not in dispute, but the domestic security services maintain that the organisation in which she carried it out is integrated into the structures of the Muslim Brotherhood.
Furthermore, the problem for the claimant is that He failed to dispel these doubts.. The court considers it legitimate that the Town Council concluded that he had not distanced himself in an «explicit, serious and credible» manner from the ideas and objectives of the Muslim Brotherhood incompatible with the constitutional order. The judgment puts it even more clearly: «manifestly does not intend to distance itself from it».
The paradox is that the woman already works for the council.
The paradox of the case is that the woman He was already working for Karlsruhe City Council on a permanent contract. and she was working precisely as an administrative officer at the Immigration Office. What has been denied to her is not the right to continue in that role, but the step to public servant status, which in Germany entails specific requirements of constitutional loyalty.
The claimant sought to overturn the decision, arguing that the intelligence services' report was based on incorrect data. However, the court did not agree, finding her voluntary work as a teacher to be well established and concluding that the information provided by the secret services was sufficiently solid to cast doubt on her suitability to become a civil servant.
The sentence, however, It is not firm yet.. The woman has one month from the date of full notification of the decision to apply for leave to appeal to the Higher Administrative Court of Baden-Württemberg. Meanwhile, she will continue working at the Karlsruhe Immigration Office as a municipal employee..
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