Concept and Definition of the Decoration of Honour
Ein Decoration of Honour is a formal award conferred by governmental, semi-governmental, or societal institutions for special merits, achievements, or services in the public interest. Decorations of honour are among the state-recognized honorary distinctions and are often issued as orders, medals, badges, or plaques. They serve as public recognition for commitment, bravery, long-standing faithful service, or outstanding accomplishments in various fields.
In the legal context, the term Decoration of Honour encompasses all distinctions that are established and awarded by laws, decrees, or by virtue of legally binding resolutions of public-law entities. The procedures for awarding, the legal basis, the administration of decorations, as well as their protection, are subject to specific statutory regulations.
Legal Foundations for Decorations of Honour
State Foundations and Legislation
The awarding of decorations of honour is generally based on explicit, normative legal acts. At the national and state level, such decorations are often established through laws, ordinances, or foundation decrees. In Germany, for example, the federal government regulates the conferral of state decorations such as the Federal Cross of Merit via the ‘Law on Titles, Orders, and Decorations of Honour’ (Ordensgesetz, BGBl. I 1957, p. 844).
Approval and Recognition
The wearing of officially or state-conferred decorations usually requires approval from the awarding body. The acceptance and wearing of decorations from foreign states are subject in many countries, such as Germany, to a statutory approval requirement by the respective Ministry of the Interior.
Administrative Regulations and Implementation Provisions
For the design, awarding, and administration of decorations of honour, there are often administrative regulations that specify procedures and modalities. These include provisions on nomination processes, the examination of merits, handover, return, and other formalities.
Types of Decorations of Honour and Their Legal Status
Public and State Decorations of Honour
The classic state decorations include the Federal Cross of Merit, orders of bravery, medals of merit, police and fire service badges, and many other forms of distinction. They are legally privileged, and their establishment, depiction, and conferment are subject to particular state protection.
Other Decorations of Honour
Numerous public law organizations, churches, associations, and charitable institutions also award decorations of honour with partial public-law recognition. Their use may be further limited by legal provisions, particularly with regard to public wearing.
Decorations of Honour in International Comparison
The right to award, accept, and wear international decorations of honour is regulated by international treaties, national legislation, and bilateral agreements. Here, the order of precedence and visibility in public may play a particular role.
Legal Effects of Awarding
Public-Law Effect
The awarding of a decoration of honour constitutes an administrative act that grants legitimate rights to hold the distinction. In certain cases, decorations may be associated with additional rights, such as the use of a title (e.g., ‘Holder of the Federal Cross of Merit’).
Right to Possession and Wear
The right to wear a decoration of honour is usually tied to the recipient personally. Transferring, passing on, or wearing such decorations without conferment constitutes a regulatory offence or, in specific cases, a criminal act (according to § 132a German Criminal Code, misuse of titles, professional designations, and badges).
Expiration and Revocation
The right to wear a conferred decoration of honour may be withdrawn by a legally binding decision of the awarding institution or by administrative act, for example, in cases of dishonourable conduct by the recipient. Revocation is legally regulated and often occurs due to misconduct deemed incompatible with the values associated with the award.
Protection of Decorations of Honour
Criminal Law Protection
The German Criminal Code (StGB) protects officially conferred decorations of honour and regulates misuse, imitation, and unauthorized possession in § 132a StGB. Offences such as forging, distributing, manufacturing, or unauthorized use are prosecuted through criminal law.
Protection Against Imitation and Misuse
Protection includes the prohibition of manufacturing and distributing imitated decorations of honour. Commercial use is also prohibited if there is a risk of confusion with legitimately conferred awards.
Administrative Procedures for Awarding Decorations of Honour
Nomination and Review Process
Nominations for decorations of honour are usually submitted by third parties or by superior authorities. The review is conducted by the respective committees, which assess the merits and decide on the award.
Responsibilities and Decision-Making Powers
The authority to award a decoration of honour, depending on the type of award, lies with state bodies, regional governments, ministries, or specifically established decorations commissions.
Right to Appeal and Object
Depending on procedural legal principles, there are constitutionally guaranteed rights to appeal or object in the event of refusal or revocation of a decoration of honour.
Wearing and Displaying Decorations of Honour in Legal Transactions
Wearing Method and Visibility
The method of wearing publicly recognized decorations of honour is regulated by protocol. Public wearing is limited to certain occasions and must comply with implementation provisions.
Regulations for Survivors
The continued use of a decoration of honour by surviving dependents is generally prohibited. In certain cases, however, keeping or displaying it at gravesites, memorials, or within family possession may be permitted under restrictions.
Conclusion and Significance of the Legal Situation Regarding Decorations of Honour
Decorations of honour are of great social and legal significance. The awarding, holding, wearing, protection, and procedures surrounding decorations of honour are comprehensively regulated by law and public administration. The legally secure handling of decorations serves to protect the dignity of the award and the integrity of the honourees. Violations of relevant regulations can constitute regulatory offences or criminal acts and are therefore subject to close scrutiny by authorities.
Frequently Asked Questions
Who is entitled to award a decoration of honour?
The right to confer decorations of honour is legally regulated in Germany and Austria and is generally reserved for state authorities. In Germany, decorations of honour can be awarded by the federal government, the Länder (states), municipalities, and certain public law entities. The eligibility to award is based on the respective legal provisions or ordinances, such as the ‘Law on Titles, Orders, and Decorations of Honour’ (OrdenG) at the federal level. Private associations may confer only non-state, so-called club or association badges, but not state-recognized decorations, as these are reserved for sovereign bodies. In Austria, the right to award decorations of honour is provided for by the Federal Constitution and specific implementing laws. Responsibility usually lies with the Federal President, sometimes delegated to ministries or state governments. Unauthorized awarding constitutes a legal violation in both countries.
Is the public wearing of decorations of honour legally regulated?
The wearing of decorations of honour is comprehensively governed by law in both countries. In Germany, state-conferred decorations of honour may, in principle, be worn publicly. This is stipulated in the ‘Law on Titles, Orders, and Decorations of Honour.’ However, there are restrictions: decorations from other countries may only be worn with the approval of the competent authority. The wearing of forbidden symbols, such as certain Nazi-era awards, is punishable under § 86a of the Criminal Code (StGB). Similar regulations apply in Austria, where public wearing of honours may be limited to specific occasions such as official ceremonies, and the display of National Socialist or unconstitutional symbols is generally forbidden. In cases of violation, administrative or criminal penalties may apply.
Can decorations of honour be inherited or transferred?
Under German and Austrian law, decorations of honour are fundamentally highly personal awards that belong solely to the honoured individual. This means that upon death, they may not be inherited or transferred to third parties. The legal basis can be found, for example, in § 6 OrdenG (Germany), which explicitly states that ownership rights to decorations of honour expire upon death. Often, relatives are required to keep the decoration as a memento or return it to the awarding authority; use or wearing by heirs is not permitted. Comparable regulations exist in Austria. Breaches of these rules may also lead to legal consequences.
What criminal consequences threaten for the misuse of decorations of honour?
The unauthorized wearing, appropriation, or forging of decorations of honour is punishable by law in Germany and Austria. According to § 132a StGB (Germany), it is a criminal offence to wear, without authorization, domestic or foreign orders and decorations or claim the right to wear them. Manufacturing and placing counterfeit decorations in circulation is also punishable. Penalties range from fines to imprisonment. Violations of the prohibition on wearing non-awarded but seemingly genuine decorations are also prosecuted. Similar provisions exist in Austria under the Criminal Code and the Badge Law. Even minor infractions can trigger administrative penalties, while more serious cases may be prosecuted in court.
Are there special rules for wearing historic or foreign decorations of honour?
For wearing historic or foreign decorations of honour, stricter and specific statutory provisions apply. In Germany, foreign and certain historic badges must be approved for public wear by private individuals (§ 5 OrdenG). Wearing decorations bearing unconstitutional symbols, notably from the National Socialist era, is strictly forbidden (§ 86a StGB). Historic decorations without unconstitutional markings may be collected and owned, but public wearing or display is often regulated or permitted only for scientific or educational purposes. Comparable regulations exist in Austria, with the 1947 Prohibition Act being particularly relevant. In both countries, participation in historical parades or reenactments is also restricted by such regulations.
How is the withdrawal or revocation of a decoration of honour regulated by law?
In both Germany and Austria, the conditions for withdrawal or revocation of decorations of honour are governed by special statutory provisions. In Germany, a decoration of honour may be revoked pursuant to the OrdenG if the recipient has been found guilty of a serious offence or is deemed unworthy of the honour. The awarding authority is empowered to examine and implement this, and the individual concerned is usually granted the right to be heard. In Austria, comparable decorations may be withdrawn by administrative act, for example in cases of serious criminal convictions. The procedures are formalized and generally provide affected persons with legal remedies against revocation.
