72 years of the Basic Law: Phillip Amthor goes wrong with the congratulations

72 years of the Basic Law: Phillip Amthor goes wrong with the congratulations

Just a few weeks ago, CDU man Phillip Amthor was elected to number one on the list of candidates for the federal election in Mecklenburg-Western Pomerania. Real CDU celebrities and a lawyer on top of that. On Sunday he congratulated the constitution on its 72nd anniversary – with a comment on the Basic Law by Nazi lawyer Theodor Maunz in hand. May 1949, our constitution was drawn up and promulgated in a solemn session of the Parliamentary Council – a reason to celebrate! ”Writes Phillip Amthor (28) on his Facebook page. “The Basic Law is the foundation of our state and a constant companion in my political work for me personally. Especially in view of current debates and tendencies, I wish the Basic Law: Stay as you are and also true to principle in the storm of the zeitgeist! “

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Philipp Amthor congratulates the Basic Law

This post is accompanied by a photo: Amthor is not holding an edition of the Basic Law in his hand, but a legal commentary. These are among the most important tools of law for lawyers. One of the most important comments on the Basic Law, “Maunz-Dürig”, still bears the name of the important Nazi lawyer Theodor Maunz – and that’s exactly what the lawyer Amthor holds up to the blue sky above the Reichstag. In hand: a copy of the controversial Nazi lawyer Theodor Maunz

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Maunz shaped many generations of lawyers, because his commentary on the Basic Law is an important working material for constitutional lawyers. Maunz was a professor of public law at the University of Munich and from 1954 to 1964 Minister of Culture in Bavaria, but he was also an important representative of “Nazi legal thinking”.

In 1943 he had published the book “Gestalt und Recht der Polizei”, in which he justified that “police protective custody is also permissible after an acquittal or after serving a judicial sentence”. That is exactly what concentration camp or death meant for many people back then. Because of texts of this kind, Maunz had to resign as minister of education in 1964.

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Criticism of Amthor from Schleswig-Holstein

The state chairman of the Greens in Schleswig-Holstein, Steffen Regis, criticized Amthors Facebook post. “It is bad that Amthor is upholding the work of Nazi lawyer Theodor Maunz instead of the Basic Law itself on the day of the Basic Law,” he writes on Twitter. “The state examination alone does not make someone a responsible lawyer and Amthor proves once again that he did not understand it.”

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Amthor has long been considered the CDU’s shooting star. He has been with the CDU and the Junge Union since 2008.But then a lobbying affair stumbled him. In June 2020 he had to give up a candidacy for the state chairmanship. The CDU representative assembly of Mecklenburg-Western Pomerania elected the 28-year-old at the end of March with a large majority to number one on the state list for the federal election on September 26th. (ilk)

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Note: In an earlier version of this text it was accidentally stated that Philipp Amthor was holding a “Palandt” in his hand. However, this commented on the civil code and not the Basic Law. Resourceful MOPO readers interested in law have drawn our attention to this.