Loopy Laws in Germany
Seems that Germany remains dreadfully conscious of its Nazi past, nervous about how it is perceived as a decent, human-rights-observant state, unwilling to foist too many unfair laws upon its populace. Adolph Hitler it would appear, was a true martinet, convinced that government should implement laws to protect people from themselves. He was a health nut, an advocate of public safety and security and a staunch upholder of all things German. Unless, that is, you were a hyphenated German, and worse yet, a Jew, in which case the only law that might apply to you would be a death sentence, case closed.Germany belongs to the European Union. The EU likes things nice and simple. A singular way of governance, enacting of reasonable laws, open borders and trade, assistance when needed to member states, but above all, a good measure of complementary order resulting in conformancy of regulation . Now here is Germany, the sole European country that the European Commission saw fit to wrist-slap in an effort to have it tighten up its anti-smoking laws in line with European Union guidlinles.
Or, heavens-to-Betsy (Bertha?) face legal action in the European Court of Justice. This is serious business, after all. It is generally agreed that scientific research has proven without a doubt that smoking tobacco directly endangers health and that includes the passive inhalation of cigarette smoke by bystanders, innocents who themselves do not engage in this filthy habit but who may live in close and helpless proximity to tobacco addicts.
Ah, but Germany asserts defensively that it has no intention whatever, no plans to ban smoking from public buildings or restaurants. It shall remain a matter of individual responsibility. To smoke or not to smoke, that is the question. Yes, the ill-health effects relating to smoking are a matter of public concern, since the health and welfare of citizens is concerning, never mind the costs associated with treating an unhealthy population. However, Germany is concerned that people not be over-regulated.
A germane concern, right?
Oh dear, Germany refuses to change a law dating back to the Nazi era which insists on the legality of chimney sweeps being able to force their way into homes to carry out check-ups on the state of the population's chimneys. A court warrant is not required; chimney sweeps are guaranteed by law the right to invade one's personal property for the purpose of inspecting and carrying out chimney cleanings. The sweeps are even able to enlist the assistance of police when they encounter a recalcitrant home owner.
The home owner may try to use the force of reason, by explaining that his home is heated with gas, not coal, not oil, and as a result his chimney is clean and therefore in no need of cleaning. Too bad, so sad, it just won't wash. These are enforced, obligatory, no-holds-barred legal actions which the chimney sweeps take at their leisure and their personal enrichment. These chimney sweeps descend upon hapless, helpless home owners four times each year, at a charge of $198 per visit. Forget about "thanks very much but no thanks"; it isn't an option.
The European Commission has warned Germany to abolish the monopoly and open its market, lest the case be sent to the European Court of Justice. Ho, ho, this is for the purpose of opening the market to its EU cousins. The lunatic obligatory nature of the practise isn't in question.
In a country loathe to over-regulate its population - so it will not protect them by enacting laws because the state insists people can make their own minds up - chimney sweeping is a legal obligation in the interest of public safety. Go figure.
posted by Pieface @ Saturday, December 09, 2006
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