REMEMBRANCE IN TIME - Index of

Jens BIENERT: 8 th Amendment to the Stasi Records Act of 2011 357
6. Conclusion
However, there was protest against this amendment law. The criticism is about the
planned sacking of the ex-members of the Stasi from the agency. It was criticized that the
8th Amendment to the Stasi Records Act forms a piece of single case legislation, which is
back-leading de facto. The retrospective effect of the amendment law is in terms of
constitutional law highly problematic. 35 The former employees of the Stasi work
meanwhile for 20 years in the office of the Federal Commissioner for the Stasi Archives
and they would have done nothing wrong. 36
The former Federal Commissioner for the Stasi Archives Dr. Joachim Gauck clearly
criticised the decision the present Federal Commissioner Roland Jahn. The decision not to
employ former members of the Stasi any more in the office would be wrong. The former
regulation which enabled to employ also some former members of the Stasi would be
right. The people who have served the constitutional state about 20 years would be
concerned. 37 During 20 years, a consensus of all groups in the German Parliament about
the Stasi Records Act would have existed. The ex-Stasi-employees were hired in the
office of the Federal Commissioner for the Stasi Archives and they were selected with
care. 38 Only employees who had helped in the final stage of the GDR civil rights activists
were selected. 39 All together they were less than 20 people in the whole former GDR. 40
These people had betrayed neither the Federal Republic of Germany nor the office of the
Federal Commissioner for the Stasi Archives. According to Dr. Joachim Gauck, we knew
the past and we needed the competence of former employees of the Stasi to fulfil our
duties better.
Strongly worded: In the interests of the victims it was inevitable to cooperate with
specialists of the Stasi. 41
Acknowledgements
I thank Dr. jur. Edgar Rose for his valuable support.
References
1. Arndt, C.: Die Herausgabe von Stasi-Unterlagen Prominenter. In: NJW 2004,
pp. 3157-3159.
2. Arndt, C.: Stasi-Unterlagen Prominenter. In: NJW 2001, pp. 2948-2950.
3. Bienert, J.: Federal Commissioner for the Stasi Archives – The conflict between
research interests and personal rights. In: Calvary – Deportations and Destinies,
International Symposium`s Proceedings, Helerea/Mailat/Olteanu (Ed.), Fagaras,
Tansilvania University Press of Brasov, Brasov, Romania, 2010, pp. 171-186.
35 Detailed information on the protest by Socialdemocrats, Greens and the left-winged Party:
http://www.fr-online.de/politik/bundestag-stasi-unterlagen-gesetz,1472596,10921544.html.
36 See: http://www.tagesschau.de/ausland/stasiunterlagengesetz106.html; http://www.fr-online.de/
politik/ bundestag-stasi-unterlagen-gesetz,1472596,10921544.html.
37 Thereto: http://www.n-tv.de/politik/Gauck-warnt-vor-Nostalgie-Nebel-article5081826.html.
38 See: http://www.tagesschau.de/ausland/stasiunterlagengesetz106.html.
39 Thereto: http://www.n-tv.de/politik/Gauck-warnt-vor-Nostalgie-Nebel-article5081826.html.
40 More information: http://www.tagesschau.de/ausland/stasiunterlagengesetz106.html.
41 See: http://www.n-tv.de/politik/Gauck-warnt-vor-Nostalgie-Nebel-article5081826.html.