Oath of office

The official or oath of service is an oath or declaration ( eg in the form of a vow ) that a person emits before it takes over the duties of an office or service. This one, this form of the oath, as opposed to assertive oaths to the promissory. Normally the office is a position within a government or religious community, although such oaths are sometimes stored must also officials from other organizations ( rather then spoken by oath of service ).

The oath is often prescribed by laws of a state of religious communities or other organizations before the incumbent may exercise the actual powers. The oath of office is normally stored at a inauguration, coronation ceremony or other ceremony connected with the assumption of office. However, the Eidabgabe be conducted privately to them later to repeat during a public ceremony.

Some oaths of office are expressions of loyalty to a constitution, legal texts or against a person or other office holder (eg an oath to uphold the constitution of a State, or loyalty to a king). Depending on the laws of any state a violation or an infringement may be legal consequences of the oath rescuer when it is the sworn oath of office unfaithful. The comparable deputies envy is now rarely required in democracies.

3.3.1 Baden- Württemberg
3.3.2 Bavaria
3.3.3 Berlin
3.3.4 Brandenburg
3.3.5 Bremen
3.3.6 Hamburg
3.3.7 Hesse
3.3.8 Mecklenburg -Vorpommern
3.3.9 North Rhine -Westphalia
3.3.10 Lower Saxony
3.3.11 Rhineland -Palatinate
3.3.12 Saarland
3.3.13 Saxony
3.3.14 Saxony -Anhalt
3.3.15 Schleswig -Holstein
3.3.16 Thuringia

History

Official and oaths have an old tradition dating back to the time of the Enlightenment, however, go back to the contract theory, in the 4th century BC had its beginning in ancient Greece: An attempt was peace in the war-torn Greece to secure on Contracts. Their substance was that the contract between all Polis was completed as a contractor and each Polis promised their autonomy. (see: General Peace ). An official, or oath of service thus represents a kind of " contract " that is between the people and the oath of services ( mostly before God ) is closed.

When Adolf Hitler on November 23, 1932 submitted an application to run a presidential cabinet on the Secretary of State Otto Meissner, leaning Reich President Paul von Hindenburg that request on November 24, 1932, inter alia, from the fear that one of Hitler " led inevitably to Presidential Cabinet would develop a party dictatorship with all its consequences for an extraordinary intensification of the contradictions among the German people, "which he ( Hindenburg ) " could not answer to his oath and his conscience. "

Adolf Hitler vowed on 30 January 1933, Paul von Hindenburg, the provided in the Reich Minister of the Act of March 27, 1930 Oath: "I will use my power for the good of the German people, protect the Constitution and the laws of the kingdom, which to me incumbent duties conscientiously and fulfill my business impartially and justly perform against anyone. "

In the fall of 1969, Willy Brandt called first to his oath of office, as was required of him to sign three letters to the Ambassador of the United States, France and Britain, to confirm what the military governors in their letter approving the Basic Law of May 12, 1949 had made to binding reservations. However, since Konrad Adenauer, Ludwig Erhard and Kurt Georg Kiesinger had signed these letters, he also signed.

Helmut Schmidt saw in 1981 the Basic Law and thus the restoration of the unity bound by his oath of office, which is why he could not negotiate the required Honecker conversion of the Permanent Representations in embassies and recognition of the GDR citizenship. Later Helmut Schmidt wrote the oath of office and the appeal to God: " I had no scruples to swear the oath of office under the invocation of God; However, I doubt that Martin Luther or the Vatican would recognize me as a Christian. "

Gerhard Schröder, 1998 was the first Chancellor, the " So help me God " renounced the religious affirmation. In his cabinet so far were most of the ministers, who also renounced the religious affirmation.

Angela Merkel referred on February 27, 2012 in relation to the euro bailout and a possible Greek exit to their oath of office, saying: ". Enter into adventure forbids my oath of office "

SPD Chancellor candidate Peer Steinbrück threw Angela Merkel in the course of surveillance and espionage affair in July 2013 violated their oath of office before to have. To her oath, minimize harm to the German people, to Steinbrueck expressed with: " So, minimize harm to the people - that I imagine differently. "

Legal Position in Germany

Germany combines an old tradition that dates back to the time of the Enlightenment with the oath of office. Even the Prussian King Frederick the Great (1740-1786) defined in his state, the welfare of the individual as the supreme principle in the country. This was in the General Land Law (1794 ) established legally. The oath of office is already in the Paulskirchenverfassung from March 28, 1849 ( Section VII, Article I, § 190 ) and then again in the Weimar Constitution of 11 August 1919 ( Article 42). Even the Chancellor of the Weimar Republic had to take an oath.

However, the oath of office has no legal significance, against violations of the oath can not be taken legally, according to a former Bundestag President Wolfgang Thierse.

Among other things, Article 56 of the Basic Law in Maunz / durig / Duke / Scholz, comment became the Basic Law ( Article 56, paragraphs 4 and 10), commented as follows:

"Even after the text of Article 56, but also by the simple statutory provision that has this issue in the law on the election of the Federal President found by the Federal Assembly, the beginning of the term or the official powers of the President does not depend on taking the oath. Article 56 requires only that this has to take place in close temporal association with the office. More does not arise from the provision. Like all oaths of office, which are provided in German public law, and the oath of office of the Federal President in any conceivable relationship is punishable, for example in the sense that a flagrant violation of the obligations assumed in the oath as a criminal perjury or similar. would be counted. "

He continues:

" No German president ( and, incidentally, no Chancellor and no federal minister) will be so cynical and so obsessed with power that he is doing at the moment of the inauguration exclusively for power, reputation or personal benefits that are associated with the to kicking Office. There will always be a matter of them to " make a difference ", ie to realize ideas, with their political and ethical positions are closely linked, no matter how they may look like in detail and from which spiritual sources they may dine. In this basic positions, which are much higher for the individual may be, and be a much more binding love than any legislation ( be it the Constitution), the new officers, committed in addition to the public, and when he takes them halfway serious, arises it for him a set of additional - just out of law - motives, the Office to perform as it conforms to the Constitution, and especially its constitutional possibilities and limitations ".

Examples

Federal Republic of Germany

The German oath of office is set out in Article 56 of the German Basic Law and is made by the President and in accordance with Article 64 of the Federal Chancellor and the Federal Ministers when they took office. The president oath of office at a joint meeting of the Bundestag and the Bundesrat; the Federal Chancellor and the Federal Ministers take the oath before the members of the Bundestag.

The oath reads:

"I swear that I will dedicate my efforts to the benefit of the German people, their welfare, protect them from harm, uphold the Constitution and the laws of the Federation and defend fulfill my duties conscientiously, and do justice to all. So help me God. "

The oath may also be made without religious affirmation (Art. 56 sentence 2 of the Basic Law).

Federal officials

For federal officials this is regulated in § 64 BBG.

The oath of service is:

"I swear to uphold the Constitution and all laws applicable in the Federal Republic of Germany and to fulfill my duties conscientiously, so help me God. "

The oath may also be taken without the religious affirmation ( § 64 para 2 BBG ). Rejects a civil servant of faith or conscience reasons, the taking of the prescribed oath from, the words "I swear ", in place, the words " I promise " or some other affirmation formula are spoken ( § 64 para 3 BBG ).

Judge

A judge shall take the following oath at a public meeting of a court from ( § 38 para 1 DRiG ).

"I swear, the judge true to the Basic Law for the Federal Republic of Germany and faithfully exercise the law to judge the best of our knowledge and belief, without respect of persons, and to serve only the truth and justice, so help me God. "

The oath may without the words " so help me God " be made.

Judges of the Federal Constitutional Court

According to the Federal Constitutional Court Act ( § 11 Section 1 of the Federal Constitutional Court ) afford judges of the Federal Constitutional Court in their assumption of office before the President the following oath:

"I swear that I will always maintain a fair judge of the Basic Law of the Federal Republic of Germany faithful and will fulfill my judicial duties towards anyone conscientiously. So help me God. "

If the oath made by a judge, so take the place of the words " as a just Judge " the words " as a just judge ."

According to paragraph 2, another religious affirmation formula is permitted; pursuant to paragraph 3, this can be omitted.

GDR

The Constitution of the German Democratic Republic on 7 October 1949, the oath of office of President of the Republic under Article 102 read:

"I swear that I will dedicate my efforts to the benefit of the German people, protect the Constitution and the laws of the Republic, fulfill my duties conscientiously, and do justice to all. "

In the revised Constitution of October 7, 1974 the oath of office in Article 68 for the Chairman, the Deputy Chairman, Members and Secretary of the State Council was defined as follows:

"I swear that I will dedicate my efforts to the benefit of the people of the German Democratic Republic, preserve its Constitution and laws, fulfill my duties conscientiously, and do justice practice to everyone. "

The draft Constitutional Treaty of 4 April 1990, finds the oath of office in Article 72 for the prime minister and the ministers in the following form:

"I swear that I will maintain my power to devote to the welfare of the people, law and law of the German Democratic Republic, fulfill my duties conscientiously, and do justice to all. " To the oath can also be a religious affirmation can be added. "

German state constitutions

Baden-Wurttemberg

According to Article 48, the members of the government do on taking office the oath of office in front of the parliament. It reads:

"I swear that I will dedicate my efforts to the benefit of the people, their welfare, protect them from harm, uphold the Constitution and law and defend fulfill my duties conscientiously, and do justice to all. So help me God. "

The oath may also be made without religious affirmation.

Bavaria

Under Article 56, all members of the State Government to make before taking office before parliament an oath to the constitution. The oath is specified in the Act on the Legal Status of Members of the State Government under Article 2 (1) and is for the Prime Minister, the Minister of State and Secretaries of State:

"I pledge allegiance to the Constitution of the Free State of Bavaria, obedience to the laws and conscientious performance of my official duties, so help me God. "

The oath may also be provided with another or without religious affirmation formula.

Berlin

According to the Berlin Senator Act ( § 4) have to obey the governing mayor and the members of the Senate appointed by him before the House of Representatives the following oath:

"I swear, my office fairly and impartially, to faithfully perform the constitution and the law and to devote all my strength to the welfare of the people. "

Brandenburg

According to Article 88 of the Prime Minister and the Minister of the State Government before make over the business before the state parliament following oath:

"I swear that I will dedicate all my strength to the welfare of the people of the State of Brandenburg, their welfare, protect damage from them, which I transmitted office to the best knowledge and manage impartial, true Constitution and the law and defend, perform my duties conscientiously and will practice justice toward all. "

The oath may also be provided with a religious affirmation.

Bremen

According to Article 109 members of the Senate to make the office before the citizenship oath to the Constitution.

Hamburg

According to Article 38 ( 1) members of the Senate have to be made before taking office before the citizenship following oath:

"I swear that I, the Basic Law of the Federal Republic of Germany and the Hamburg Constitutional keep Germany faithfulness, respect the laws that meet me incumbent as a member of the Senate duties conscientiously and promote the welfare of the Free and Hanseatic City of Hamburg, as much as I can, will. "

According to Article 38 (2) the addition of a religious asseveration is admissible.

Hesse

According to Article 111 of the Prime Minister before the Parliament, the Ministers shall before the Prime Minister in the presence of the Diet following when they took office oath of office:

" I swear that I will administer the me -borne duties impartially, to the best knowledge and skills as well as follow the Constitution and law in a democratic spirit and defend. "

Mecklenburg -Western Pomerania

According to Article 44 of the Prime Minister and the Ministers shall take office at the front of the parliament following oath:

"I swear that I will dedicate my efforts to the people and the land, defend the Basic Law for the Federal Republic of Germany and the Constitution of Mecklenburg- Vorpommern and the laws and defend, perform my duties conscientiously and justice for everyone to practice going. "

The oath may the religious affirmation " So help with God " be made without them or.

North Rhine -Westphalia

According to Article 53, the members of the government afford taking office in front of the parliament following oath of office:

"I swear that I will dedicate all my strength to the welfare of the German people, their welfare, protect them from harm, which I transmitted office to the best knowledge and manage impartial, true Constitution and the law and defend, perform my duties conscientiously and justice 'll practice against anyone. So help me God. "

The oath may also be made without religious affirmation.

Lower Saxony

Under Article 31 of the members of the government have to confess at the inauguration of parliament to the principles of a liberal, republican, democratic, social and protection of natural resources law and committed to the following oath:

"I swear that I will dedicate my efforts to the people and the land, defend the Basic Law for the Federal Republic of Germany and the Constitution of Lower Saxony as well as the laws and defend, perform my duties conscientiously, and do justice to all men. "

The oath may with the affirmation "So help me God " be made without them or.

Rhineland -Palatinate

According to Article 100 (1 ) of the Prime Minister and the Ministers shall upon taking office in front of the parliament following oath:

" I swear by God the Almighty and Omniscient, that I will impartially faithful to the Constitution and the laws run my office, for the benefit of the people, so help me God. "

According to Article 100 ( 2) in conjunction with Article 8 ( 3), sentence 2 may be omitted the religious oath.

Saarland

According to Article 89, the members of the government do on taking office the oath of office. It reads:

The oath may also be made without religious affirmation.

Saxony

Under Article 61 of the members of national government afford taking office the oath of office in front of the parliament. It reads:

"I swear that I will dedicate my efforts to the welfare of the people, their welfare, protect them from harm, uphold the Constitution and law and defend fulfill my duties conscientiously, and do justice practice towards all. "

The oath may also be provided with the affirmation " So help me God."

Saxony-Anhalt

According to Article 66 ( 1) the members of the government do before taking office in front of the parliament following oath:

"I swear that I will dedicate my efforts to the benefit of the people, the true constitution and the law, fulfill my duties conscientiously, and do justice to all. "

According to Article 66 (2 ) of the oath may the religious affirmation "So help me God " be made without them or.

Schleswig-Holstein

Pursuant to Article 28 (1 ) of the state constitution of Schleswig Holstein, the Prime Minister or the Prime Minister at the inauguration ensure before the parliament the following oath:

"I swear I will dedicate my efforts to the welfare of the German people to defend their freedom, their welfare, protect them from harm, uphold the laws of the Federal Republic of Germany and the State of Schleswig -Holstein, perform my duties conscientiously and justice for all people practice. "

The oath can be a religious affirmation can be added.

Thuringia

According to Article 71 (1 ) of the Prime Minister and the Ministers shall take office at the front of the parliament following oath:

"I swear that I will dedicate my efforts to the benefit of the people, the true Constitution and laws, fulfill my duties conscientiously, and do justice to all. "

According to Article 71 (2 ) of the oath may be made with a religious affirmation.

Austrian Federal President

Under Article 62Vorlage. Kind / Maintenance / RIS search of the Austrian Federal Constitutional Law of the Federal President ensure that, when taking up his duties before the Federal Assembly the following vow:

" I vow that I observe the Constitution and all laws of the Republic faithfully and fulfill my duty to the best of my knowledge and belief. "

Under Article 62Vorlage. Kind / Maintenance / RIS search para 2 B- VG, the addition of a religious asseveration is admissible.

Belgian King

In Article 91 of the Belgian Constitution establishes that the king may only ascend to the throne, after having sworn the following oath before the United Chambers:

"I swear to respect the Constitution and the laws of the Belgian people, to preserve the national independence and the integrity of the national territory. "

President of Ghana

According to the Constitution ( second version) of the Republic of Ghana of 1992, the president-elect makes the following oath:

"I, (name ), who was elected to the high office of President of the Republic of Ghana swear (in the name of Almighty God ) ( solemnly swear ) that I will be conscientious and faithful to the Republic of Ghana; that I will maintain the Constitution of the Republic of Ghana at all times, protect and defend; and that I will devote myself to the service and the benefit of the people of the Republic of Ghana and be away from all other persons' needs. [ ... ] Next ( I solemnly swear ) ( I do solemnly promise ) that I should at any one time break this oath of office, I will add to the law of the Republic of Ghana and suffer all the penalties for it. (So help me God ) "

President of Greece

The President of the Republic to when he took office in accordance with Article 33 paragraph 2 of the Greek Constitution before Parliament the following oath:

"I swear in the name of the saints, being peers and Indivisible Trinity to safeguard the Constitution and the laws providing for their faithful adherence to defend national independence and integrity of the country to protect the rights and liberties of the Greeks and the general to serve the interests of the Greek people. "

President, Prime Minister and Minister of Poland

The term of office of the President of the Republic of Poland begins in accordance with the Article 130 of the Constitution with the filing of the following oath of office opposite the National Assembly:

" According to the will of the people I kick the office of President of the Republic of Poland and solemnly swear that I shall abide the provisions of the Constitution faithful to the dignity of the people, the independence and security of the State shall maintain inflexible and that the welfare of the Fatherland and welfare of the citizens always be my highest duty. "

This may be supplemented in accordance with Article 130, Clause 3 through a Christian religious affirmation: "So help me God ".

The Prime Minister and other Cabinet members make in accordance with the Article 151 of the oath to the President of the Republic of Poland:

" I kick the Office of the Prime Minister ( Deputy Chairman of the Council of Ministers, the Minister ) and solemnly swear that I will be faithful to the provisions of the Constitution and the laws of the Republic of Poland, and that the welfare of the country and the welfare of the citizens I will always be the highest duty. "

Again, a religious affirmation is permitted in accordance with Article 151, clause 3.

President of Russia

The Russian president takes off during the inauguration under Article 82 the following oath:

"I swear in the exercise of the powers of the President of the Russian Federation to respect the rights and freedoms of man and citizen and to ensure to monitor the Constitution of the Russian Federation and to protect to protect the sovereignty and independence, security and integrity of the state and citizens loyal to serve. "

Swiss Federal Council

An elected Federal Council was sworn in immediately after adoption from the election. For a complete re-election of the Federal Council the oath together. The Secretary General of the Assembly read out the oath:

"I swear before Almighty God to observe the Constitution and the laws and to fulfill the duties of my office conscientiously. "

The candidate raises the right hand, saying:

"I swear it. "

The oath may also be taken in the form of a vow. Thereafter, the newly elected titled as Bundesrat.

President of Turkey

With taking office the President of the Republic shall before the Turkish Grand National Assembly following oath:

"I swear before the Great Turkish nation and before history on my honor and dignity that I shall protect the existence and independence of the state, the indivisible unity of the fatherland and nation, the full and unconditional sovereignty of the nation, in my capacity as President of the Republic 'm going, the constitution, the primacy of law, democracy, the principles and reforms of Atatürk and the principle of the secular republic remain connected, from the ideal to which, in the spirit of well-being and salvation of the nation, national solidarity and justice anyone the human rights and fundamental freedoms enjoy, will not vary, will be with me all my strength, strive for the protection and increase the value of glory and honor of the Republic of Turkey and the impartial fulfillment of the Office, which I have taken upon myself. "

Ukrainian MPs

According to the Ukrainian constitution of 1996, make the deputies of the Verchovna Rada, the Parliament of Ukraine in Kiev, according to Article 79, the following oath:

" I'm doing the Ukraine allegiance. I commit myself with all my actions to defend the sovereignty and independence of Ukraine to ensure the welfare of the fatherland and the Ukrainian people. I swear to abide by the Constitution and laws of Ukraine to carry out my duties in the interests of all citizens. "

President of the United States

Under Article II, Sec. 1 of the Constitution of the United States makes the president took office the following oath:

"I, [name ] swear [ or affirm ] that I will execute the office of President of the United States and faithfully observe the Constitution of the United States its best efforts to protect and defend. "

A religious affirmation is not mandatory, but in the form of "So help me God " usual.

Assertoric Statute Common Peace Roman Herzog Rupert Scholz Bundesrat of Germany Volker Bouffier National Assembly (Poland) Ueli Maurer Federal Council (Switzerland) Oath of allegiance

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