German Court: Access to trade secrets may be withheld from Scientology memberPosted on ESMB by CommunicatorIC
German Court: Access to trade secrets may be withheld from Scientology member.
Legal Tribune Online has an article. The URL of the article in German is:
http://www.lto.de/recht/nachrichten/...rschlusssache/ The Google translation is:
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Since there are doubts about the loyalty of the organization, a Scientology-member access to trade secrets may be withheld, the Berlin Administrative Court decided. A mechanic must therefore wait no Bundeswehr helicopter.
Members of the Scientology organization may by a ruling of the Administrative Court (VG) Berlin access to classified information shall be denied (Urt. V. 05.31.2016, Az. VG 4 K 295.14). So the VG ruled in a judgment announced would.
The applicant is employed as a mechanic in a helicopter manufacturer. The company produces civil helicopters, as well as military equipment, to which access is granted only with a so-called classified authorization. Therefore, the use in also carried out in the operation maintenance of machines the army requires a security check that performs the Federal Ministry of Economics and Technology shall, upon request of the employer.
In the case of the applicant, the Authority informed him that there was reasonable safety concerns because of its affiliation with Scientology. This is founded both doubts as to its reliability and the fact that it will at all times uphold the free democratic basic order.
In particular, there is a risk that he survey method, will reveal secrets during so-called auditing, one provided by Scientology. The staff responded that he had let some guilty as a simple member of the organization never. He regarded the Scientology as a religion and therefore as his private affair. When in doubt, he would postpone the interests of Scientology towards the professional interests.
No decision as to whether Scientology religion
However, looking for a declaration of illegality of the notice lawsuit was unsuccessful. The VG confirmed the official procedure. The assumption that doubts about the reliability of the man existed was, unobjectionable. In assessing this question of authority come to a wide margin of appreciation which the Court may review only limited. Based on this scale, errors could not have been observed here.
Neither is a false issue basis yet been misjudged the legal framework of the decision. In particular, is the assumption that members of the Scientology organization are obliged to unsparing revelation of truth, such as to cast doubt. That Scientology pursues anticonstitutional objectives, it is clear from many relevant sources. This must be the staff - as asserted ordinary member - be imputed. Whether Scientology is a religion, requiring no decision because the message was not a violation of the fundamental right to religious freedom.
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