Term and meaning of Schleierfahndung (veil searches)
Schleierfahndung refers to a special form of suspicion-independent police checks, which are primarily used to combat cross-border crime, unlawful residency, and to prevent other offenses. It is mainly applied in border regions but is increasingly used throughout the entire federal territory and constitutes a central instrument of internal security.
The term “Schleierfahndung” (veil search) is used metaphorically to describe the ‘veil-like’ distribution and appearance of police forces who act covertly, flexibly, and away from stationary checkpoints. This method mainly aims to maximize surprise and mobility compared to traditional border controls.
Legal foundations and statutory framework
Federal legal foundations
Schleierfahndung is not a specific or independent legal measure, but is based on various provisions of public security and police law. The following legal foundations are particularly central to its use:a) Federal Police Act (BPolG) Under § 22 paragraph 1a BPolG, the Federal Police is authorized to carry out suspicion-independent checks within the 30-kilometer border area to other Schengen states, as well as at international transportation hubs (e.g. airports, cross-border rail traffic), to prevent or pursue illegal entry or combat cross-border crime.b) Customs Investigation Service Act (ZFdG) and Customs Administration Act (ZollVG) The customs authorities are also granted extensive control powers to monitor cross-border movement of goods.
State (Land) law regulations
Each federal state (Land) has its own police laws, which are aligned with the Basic Law (particularly protection of fundamental rights). The legal form of Schleierfahndung varies between states, but is generally regulated by special provisions for suspicion-independent checks, for example:
- Article 13 Bavarian Police Tasks Act (PAG)
- § 12a Hessian Act on Public Safety and Order (HSOG)
- § 27a Baden-Württemberg Police Act (PolG BW)
These provisions also allow, under certain conditions, for the verification of identity and searching of persons and items in designated search zones (“hazardous areas” or “search areas”) outside of direct border regions.
Compatibility with European law
In the Federal Republic of Germany, Schleierfahndung is directly connected to the Schengen Implementing Convention (SDÜ). With the removal of stationary internal border controls within the Schengen Area, member states were granted supplementary police powers (Art. 23 SDÜ).
It is central that Schleierfahndung does not serve as a substitute for systematic border controls and may only be exercised in accordance with the principle of proportionality and free movement of persons within the EU. The European Court of Justice (ECJ) has confirmed in several rulings the admissibility of suspicion-independent checks, as long as these do not amount to systematic border controls (see ECJ, judgment dated 19.07.2012, C‐278/12).
Procedure and scope of Schleierfahndung
Conduct and tactics
Schleierfahndung is carried out by mobile search units, either in civilian clothes or uniform. Personnel usually check various roads, transport means or public places, as well as persons, vehicles, or pieces of luggage that appear suspicious without specific cause. The procedure of such controls follows the relevant legal requirements and is particularly subject to the prohibition of arbitrary measures.
Control powers
Within the framework of Schleierfahndung, the police are authorized to:
- Determine identities (§ 163b StPO, state laws)
- Conduct searches of persons and objects in case of perceived danger
- Check documents (e.g. identification cards, vehicle papers)
- Briefly detain individuals if their identity cannot be clarified
Measures must always be assessed in accordance with the principle of proportionality, fundamental rights, and data protection requirements.
Legal recourse and complaint mechanisms
Persons affected by Schleierfahndung measures have access to the courts. In particular, they may request judicial review of the measure at the administrative courts (e.g. declaratory action under § 43 VwGO), if post hoc legal protection appears warranted.
The core legal standards are:
- Protection against arbitrary action
- Observance of the principle of proportionality
- Protection of the rights of those affected (especially under Art. 2, 11, 13 and 3 GG)
Courts have repeatedly emphasized that selection criteria for those checked must be transparent and non-discriminatory.
Critical discussions and constitutional law aspects
Interference with fundamental rights
Schleierfahndung interferes with several fundamental rights, namely:
- Right to informational self-determination (Art. 2 GG)
- Freedom of movement (Art. 11 GG)
- Inviolability of the home (Art. 13 GG)
- Prohibition of discrimination (Art. 3 GG)
The legislator and authorities must therefore always balance the intensity of the intervention with the intended protective purpose.
Constitutional court case law
The Federal Constitutional Court has assessed Schleierfahndung multiple times and highlighted the particular necessity of limitations with regard to protection against arbitrariness, transparency, and effectiveness of judicial review (see BVerfG, decision of 14.05.1996, 2 BvR 1992/92).
European fundamental rights
In addition to national constitutional law, the standards of the Charter of Fundamental Rights of the European Union (especially Art. 7 and 8 CFREU) and the European Convention on Human Rights must be observed.
Schleierfahndung in international comparison
In German-speaking countries, comparable instruments exist in Austria and Switzerland, although the specific legal requirements and procedures vary considerably by country. Internationally, Schleierfahndung is viewed as a means to compensate for the loss of border controls.
Conclusion
Schleierfahndung is an important tool in combating cross-border and mobile crime. It is thoroughly regulated and subject to strict fundamental rights requirements and judicial oversight. Its implementation always requires a careful balance between effective danger prevention and the protection of individual rights and personal freedoms.
This article provides a comprehensive overview of Schleierfahndung. It considers all applicable legal bases and discusses essential constitutional and European legal aspects for orientation in security and police law.
Frequently Asked Questions
Is Schleierfahndung compatible with the fundamental right to informational self-determination?
Schleierfahndung constitutes a serious infringement on the fundamental right to informational self-determination under Art. 2 para. 1 in conjunction with Art. 1 para. 1 Basic Law (GG), as police officers can carry out suspicion-independent checks and collect personal data. The legislator has regulated this interference in special statutory regulations, such as § 22 BPolG or Art. 13 BayPAG, taking into account constitutional court requirements. According to established high court case law, the type, purpose, and scope of data collection must be clearly determined, the group of affected persons limited, and the measure must serve a legitimate purpose—such as protecting public safety or combating cross-border crime. Furthermore, the principles of proportionality and transparency must be ensured. In certain decisions, for example regarding the Bavarian Police Tasks Act (BVerfG, 2022), the Federal Constitutional Court emphasized that the right to informational self-determination is not granted without restrictions, but the requirements for clarity of regulations and limitations on interference are high.
May Schleierfahndung be conducted nationwide?
The implementation of Schleierfahndung is generally not permitted nationwide throughout the federal territory. Legal provisions require spatial and substantive limitations. For instance, under the Federal Police Act, this instrument is limited to a 30-kilometer border strip, international airports, and cross-border rail lines. State police laws contain similar regulations, usually specifying crime-prone places and hazardous areas or locations with typically higher crime rates. The case law also requires a sufficiently precise delimitation. Nationwide, random checks would be incompatible with the right to personal freedom (Art. 2 para. 2 GG) and the principle of proportionality, and have been deemed disproportionate by the courts.
Can those affected take legal action against Schleierfahndung measures?
Those affected may challenge Schleierfahndung measures using remedies provided in administrative law. These may be, in particular, objections and actions for annulment, especially regarding administrative measures such as identity checks or searches. An action for a declaration that a completed measure was unlawful is also possible. If fundamental rights were violated through Schleierfahndung, it may also be possible to file a constitutional complaint. In any case, the legal protection interest of the affected person pursuant to § 113 para. 1 sentence 4 VwGO (subsequent declaratory action) must be met, especially if the measure has been completed temporarily but could typically recur.
What data protection requirements must be observed?
During Schleierfahndung, the police must comply with data protection regulations, especially the Federal Data Protection Act (BDSG) and the respective state data protection laws. This particularly concerns the purpose limitation of collected data, their deletion once the purpose has been achieved, as well as the obligations of transparency and information to those affected. The processing of personal data is only permitted for the fulfillment of police duties and is subject to strict documentation and review obligations. Unless public interests or the fulfillment of police duties are endangered, those affected have a right to information about stored data (see Art. 15 GDPR and § 57 BDSG). Breaches of data protection regulations may, in individual cases, result in the exclusion of evidence.
What are the requirements for conducting Schleierfahndung?
The legal requirements for performing Schleierfahndung vary depending on the federal state and whether federal or state police is acting. Essentially, however, a specific indication of danger is not required—it is a suspicion-independent check. According to § 22 BPolG, for example, such checks are permitted within the defined border area and on traffic routes ‘as far as it is necessary to prevent or suppress unauthorized entry’ or to combat cross-border crime. However, the measure must be proportionate; that is, there must not be a milder means to achieve the objective, and the control must be based on the discretion of objective facts, not arbitrarily or discriminatorily. In addition, restrictive internal administrative guidelines can prevent excessive practices.
How does Schleierfahndung differ from classical suspicion-based checks?
While classical police checks (e.g. under § 163b StPO) require at least a concrete suspicion or reason (imminent danger, initial suspicion), Schleierfahndung is specifically designed as a suspicion-independent measure. This applies when the police control individuals without any specific indications of an offense or concrete danger in the individual case. This represents a fundamental difference, which is why the legislator has imposed especially strict rule-of-law boundaries and review mechanisms for Schleierfahndung, particularly in regard to scope, duration, and permissible control locations. The case law attaches significant weight to the fact that it is a suspicion-independent measure when reviewing proportionality.
