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Law enforcement in Germany
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Law enforcement in Germany
Law enforcement in Germany is constitutionally vested solely with the states, which is one of the main features of the German political system.
Policing has always been a responsibility of the German states even after 1871 when the country was unified. The 1919 constitution of the Weimar Republic did provide for the possibility of creating a national police force, should the necessity arise, but it was only in the Nazi era that Gestapo (Secret State Police) were unified under central control and a national police force created (the Reich Security Main Office—Reichssicherheitshauptamt, or RSHA). The police became a tool of the centralized state and the Nazi party. Following the defeat of 1945, Germany was divided; in 1949 the three western zones were turned into the new West Germany, while the Soviet zone became East Germany. Each country pursued a different path concerning law enforcement.
In light of the gross misuse of power by the centralized Nazi state, the new West German constitution provided a strict separation of powers, placing law enforcement firmly in the hands of the states. The only policing agencies allowed at the federal level were the paramilitary Federal Border Guard (German: Bundesgrenzschutz), also responsible for coast guard services, and the Federal Office for Criminal Investigation, both under the supervision of the Federal Ministry of the Interior. East Germany created a centralized police force under the Ministry of the Interior, the paramilitary Volkspolizei (literally "People's Police"). It also established a border police force (German: Grenztruppen der DDR), initially an independent force, later integrated into the army and then reorganized as an independent military organization. Because Germany's borders became largely open in 2005, due to the development of the European Union and spread of the Schengen Agreement to all neighbouring countries, the Bundesgrenzschutz was renamed to Federal Police (German: Bundespolizei). The duties of the Federal Police still are limited to the security of railway lines, main railway stations, airports, sea ports, and several other special duties.
Another central police agency, the Federal Criminal Police Office (German: Bundeskriminalamt / BKA), with approximately 7,100 agents, operates nationwide from headquarters in Wiesbaden. The BKA is a clearinghouse for criminal intelligence records.
It provides assistance to the State Criminal Police Offices (German: Landeskriminalamt / LKA) in forensic matters, research, and criminal investigations. It is also the national point of contact for the International Criminal Police Organization (Interpol). The BKA conducts its own criminal investigations or enters existing cases only when requested by state authorities, or in cases involving two or more states. The BKA has been involved in investigations against various terrorist groups since the 1960s.
The Federal Customs Service (German: Bundeszollverwaltung) is the executive and fiscal administrative agency of the Federal Ministry of Finance. It was founded in 1949 in West Germany. The purpose of the Customs Service is to administer federal taxes, execute demands for payment on behalf of the federal government and federal statutory corporations, monitor the cross border movements of goods with regard to compliance with bans and restrictions, and prevent illicit work. Uniformed federal agents are used for the execution of the financial legislation. Subordinated to the federal customs service, the Customs Investigation Bureau in Cologne (German: Zollkriminalamt / ZKA) coordinates customs investigations nationwide in particular monitoring foreign trade, uncovering violations of EU market regulations, illegal technology exports, subsidy fraud in the agricultural sector, drug trafficking and money laundering. In response to the increasing violence against law enforcement officers, the customs SWAT team, the Central Customs Support Group (German: Zentrale Unterstützungsgruppe Zoll / ZUZ) was implemented in 1997 as the customs tactical unit for dangerous missions.
The Federal Intelligence Service (German: Bundesnachrichtendienst / BND) was based in Munich. Since February 2019, the Service is based in Berlin. The BND is restricted to the investigation of threats originating outside of Germany. It depends heavily on wiretapping and other surveillance techniques applied to international communications. Such activities are authorized only to counter the danger of an armed threat to the country, but intelligence authorities have pressed for the added power to monitor suspected international traffickers of weapons and drugs.
The Federal Office for the Protection of the Constitution (German: Bundesamt für Verfassungsschutz / BfV) is primarily the domestic intelligence service of Germany, concerned with espionage, treason, and sedition. It has no powers of arrest and cannot use force, but it carries out surveillance and supplies the BKA and other police agencies with information e.g. on terrorist groups. Its main office is in Wiesbaden. Similar and independent offices exist in each state. Although they cooperate closely with the federal office, they operate under the control of state authorities.
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Law enforcement in Germany
Law enforcement in Germany is constitutionally vested solely with the states, which is one of the main features of the German political system.
Policing has always been a responsibility of the German states even after 1871 when the country was unified. The 1919 constitution of the Weimar Republic did provide for the possibility of creating a national police force, should the necessity arise, but it was only in the Nazi era that Gestapo (Secret State Police) were unified under central control and a national police force created (the Reich Security Main Office—Reichssicherheitshauptamt, or RSHA). The police became a tool of the centralized state and the Nazi party. Following the defeat of 1945, Germany was divided; in 1949 the three western zones were turned into the new West Germany, while the Soviet zone became East Germany. Each country pursued a different path concerning law enforcement.
In light of the gross misuse of power by the centralized Nazi state, the new West German constitution provided a strict separation of powers, placing law enforcement firmly in the hands of the states. The only policing agencies allowed at the federal level were the paramilitary Federal Border Guard (German: Bundesgrenzschutz), also responsible for coast guard services, and the Federal Office for Criminal Investigation, both under the supervision of the Federal Ministry of the Interior. East Germany created a centralized police force under the Ministry of the Interior, the paramilitary Volkspolizei (literally "People's Police"). It also established a border police force (German: Grenztruppen der DDR), initially an independent force, later integrated into the army and then reorganized as an independent military organization. Because Germany's borders became largely open in 2005, due to the development of the European Union and spread of the Schengen Agreement to all neighbouring countries, the Bundesgrenzschutz was renamed to Federal Police (German: Bundespolizei). The duties of the Federal Police still are limited to the security of railway lines, main railway stations, airports, sea ports, and several other special duties.
Another central police agency, the Federal Criminal Police Office (German: Bundeskriminalamt / BKA), with approximately 7,100 agents, operates nationwide from headquarters in Wiesbaden. The BKA is a clearinghouse for criminal intelligence records.
It provides assistance to the State Criminal Police Offices (German: Landeskriminalamt / LKA) in forensic matters, research, and criminal investigations. It is also the national point of contact for the International Criminal Police Organization (Interpol). The BKA conducts its own criminal investigations or enters existing cases only when requested by state authorities, or in cases involving two or more states. The BKA has been involved in investigations against various terrorist groups since the 1960s.
The Federal Customs Service (German: Bundeszollverwaltung) is the executive and fiscal administrative agency of the Federal Ministry of Finance. It was founded in 1949 in West Germany. The purpose of the Customs Service is to administer federal taxes, execute demands for payment on behalf of the federal government and federal statutory corporations, monitor the cross border movements of goods with regard to compliance with bans and restrictions, and prevent illicit work. Uniformed federal agents are used for the execution of the financial legislation. Subordinated to the federal customs service, the Customs Investigation Bureau in Cologne (German: Zollkriminalamt / ZKA) coordinates customs investigations nationwide in particular monitoring foreign trade, uncovering violations of EU market regulations, illegal technology exports, subsidy fraud in the agricultural sector, drug trafficking and money laundering. In response to the increasing violence against law enforcement officers, the customs SWAT team, the Central Customs Support Group (German: Zentrale Unterstützungsgruppe Zoll / ZUZ) was implemented in 1997 as the customs tactical unit for dangerous missions.
The Federal Intelligence Service (German: Bundesnachrichtendienst / BND) was based in Munich. Since February 2019, the Service is based in Berlin. The BND is restricted to the investigation of threats originating outside of Germany. It depends heavily on wiretapping and other surveillance techniques applied to international communications. Such activities are authorized only to counter the danger of an armed threat to the country, but intelligence authorities have pressed for the added power to monitor suspected international traffickers of weapons and drugs.
The Federal Office for the Protection of the Constitution (German: Bundesamt für Verfassungsschutz / BfV) is primarily the domestic intelligence service of Germany, concerned with espionage, treason, and sedition. It has no powers of arrest and cannot use force, but it carries out surveillance and supplies the BKA and other police agencies with information e.g. on terrorist groups. Its main office is in Wiesbaden. Similar and independent offices exist in each state. Although they cooperate closely with the federal office, they operate under the control of state authorities.
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