Judges Books

“In general, the Fascist and Nazi regimes had no serious difficulty establishing control over public services. They largely protected civil servants’ turf from party intrusion and left their professional identity intact. Civil servants were frequently in broad sympathy with fascist regimes’ biases for authority and order against parliament and the Left, and they appreciated enhanced freedom from legal restraint. Eliminating Jews sometimes opened up career advancement.

The police were the key agency, of course. The German police were very quickly removed from the normative state and brought under Nazi Party control via the SS. Himmler, supported by Hitler against rivals and the Ministry of the Interior, which traditionally controlled the police, ascended in April 1933 from political police commander of Bavaria (where he set up the first concentration camp at Dachau) to chief of the whole German police system in June 1936.

This process was facilitated by the disgruntlement many German police had felt for the Weimar Republic and its “coddling of criminals,” and by the regime’s efforts to enhance police prestige in the eyes of the public. By 1937, the annual congratulatory “Police Day” had expanded from one day to seven. Initially the SA were deputized as auxiliary Exercising Power police in Prussia, but this practice was ended on August 2, 1933, and the police faced no further threat of dilution from party militants. They enjoyed a privileged role above the law as the final arbiters of their own form of unlimited “police justice.”

While the German police were run more directly by Nazi Party chiefs than any other traditional state agency, the Italian police remained headed by a civil servant, and their behavior was little more unprofessional or partisan than under previous governments. This is one of the most profound differences between the Nazi and Fascist regimes. The head of the Italian police for most of the Fascist period was the professional civil servant Arturo Bocchini. There was a political police, the OVRA, but the regime executed relatively few political enemies.

Another crucial instrument of rule was the judiciary. Although very few judges were Nazi Party members in 1933, the German magistracy was already overwhelmingly conservative. It had established a solid track record of harsher penalties against communists than against Nazis during the 1920s. In exchange for a relatively limited invasion of their professional sphere by the party’s Special Courts and People’s Court, the judges willingly submerged their associations in a Nazi organization and happily accepted the powerful role the new regime gave them.71 The Italian judiciary was little changed, since political interference had already been the norm under the liberal monarchy. Italian judges felt general sympathy for the Fascist regime’s commitment to public order and national grandeur.”
― Robert O. Paxton, The Anatomy of Fascism