Concept and legal classification of the enforcement police
Die Enforcement police refers in German police law to those state authorities and organizational units tasked with the original exercise of police coercive powers as well as prevention of threats and prosecution of crimes. The enforcement police is part of the police in the functional sense and is both structurally and legally distinguished from non-executive police authorities, such as administrative and investigative agencies. Areas of operation include, in particular, the routine police service as well as special operational and standby units.
Legal basis of the enforcement police
Constitutional anchoring
The legal basis for the activities of the enforcement police is primarily derived from the Basic Law (Grundgesetz, GG). In the federal system, police authority generally lies with the federal states (Art. 30, Art. 70 GG). Exceptions, such as for the Federal Police, arise from special provisions in the Basic Law (e.g. Art. 87 sec. 1 and Art. 91 GG).
Police laws of the Federation and the states
The enforcement police acts on the basis of the respective police laws of the federal states, for example the Bavarian Police Duties Act (BayPAG) or the Police Act of the State of North Rhine-Westphalia (PolG NRW). For enforcement police with nationwide jurisdiction, such as the Federal Police or the Police at the German Bundestag, specific federal laws apply, such as the Federal Police Act (BPolG).
Distinction from other types of police
The enforcement police is particularly distinguished from the regulatory authorities (administrative police), which perform administrative tasks for the prevention of threats, but may only exercise police coercion to a limited extent or not at all. There are also special police forces (such as water, forestry, or railway police) with their own responsibilities and legal bases.
Tasks and competencies of the enforcement police
Threat prevention
One of the central tasks of the enforcement police is the prevention of dangers to public safety and order. The powers for threat prevention are exhaustively regulated in the respective police laws. This includes general measures for risk prevention, threat prevention, detaining individuals, issuing dispersal orders, detention, as well as the use of direct force (see Art. 13 GG, §8 ff. BayPAG).
Prosecution
Furthermore, the enforcement police is authorized under the Code of Criminal Procedure (in particular §§ 152–163 StPO) to take measures to prosecute criminal offenses. Investigations are conducted on their own initiative (within the scope of urgent jurisdiction) or by order of the public prosecutor’s office. Typical measures include crime scene investigations, establishing identity, and provisional arrests.
Use of direct force
The enforcement police is entitled to use direct force and police means of coercion (such as physical force, weapons, or auxiliary tools) in accordance with the principle of proportionality and in compliance with legal provisions. The authority for this arises from the laws for hazard prevention and special statutory provisions (§§ 53 ff. PolG NRW, §§ 62 ff. BPolG).
Organization and structures of the enforcement police
State enforcement police
Die State enforcement police is subordinate to the respective interior ministries of the federal states and is responsible for maintaining public safety and order in its respective territory. It is typically divided into uniformed patrol police, criminal police, and riot police.
Federal enforcement police
The federal enforcement police includes the Federal Police, whose responsibilities include border protection, aviation security, railway security, as well as the protection of federal bodies and federal properties (see §§ 1 ff. BPolG).
Operational forces and special units
The enforcement police also comprises special and tactical units, such as the Special Operations Command (SEK), Mobile Operations Command (MEK) and Technical Support Units, which are deployed in exceptional and dangerous situations.
Legal status and powers of enforcement police officers
Official status
Employees of the enforcement police exercise the office of enforcement police officer . They have sovereign authority and are subject to special civil service regulations, such as the Federal Civil Servants Act or the respective state civil service laws.
Rights and obligations
Enforcement police officers are strictly obligated to comply with legal requirements (principle of legality, principle of discretion). Additionally, there are special provisions for official secrecy, protection of personal data, as well as official reporting and instruction obligations.
Special protective provisions
Specific criminal offenses exist for the protection of the enforcement police. Particularly relevant here are § 113 StGB (resistance against law enforcement officers) as well as other offenses designed to protect public officials.
Legal oversight and legal remedies regarding measures of the enforcement police
Judicial oversight
Measures of the enforcement police are subject to legal review by administrative and criminal courts. Persons affected by legal measures may take legal action, particularly before police and administrative courts.
Data protection and fundamental rights
The work of the enforcement police is subject to comprehensive protection of fundamental rights. In particular, human dignity (Art. 1 GG), the right to informational self-determination (Art. 2 para. 1 in conjunction with Art. 1 GG), the inviolability of the home (Art. 13 GG), and the right to personal freedom (Art. 2 para. 2 GG) must be ensured.
Distinction from administrative police and other security authorities
Die Enforcement police is closely related but clearly distinguished from the administrative police and other authorities with prevention functions. While administrative police are primarily engaged in issuing official orders, the enforcement police is always responsible for the direct enforcement of police measures, including the use of coercive means.
Summary
The enforcement police is an essential element of Germany’s security architecture. Its extensive tasks, powers, and close integration into the Basic Law and police legislation give it a central role in upholding security and the rule of law. The legal foundations ensure control and limitation of sovereign means and provide effective legal protection for the population.
Frequently asked questions
What legal powers does the enforcement police have with regard to threat prevention?
The powers of the enforcement police in the area of threat prevention are primarily regulated in the respective police laws of the states. According to these, the police may take measures to avert dangers to public safety or order, in particular issuing dispersal orders (§ 34 PolG NRW, § 27 PolG BW), establishing identity (§ 12 PolG NRW, § 23 PolG BW), taking into custody (§ 35 PolG NRW, § 28 PolG BW), and conducting searches (§ 39 PolG NRW, § 31 PolG BW). These measures must comply with the principle of proportionality, meaning that they must be appropriate, necessary, and reasonable. Moreover, voluntary measures take precedence, and the chosen measure must be the least intrusive of the options available. Particularly invasive measures are subject to additional requirements, such as a judicial order, or in urgent cases, subsequent judicial confirmation.
How is the power of the enforcement police to interfere with fundamental rights regulated?
Interventions by the enforcement police into fundamental rights, such as personal freedom (Art. 2 para. 2 GG), inviolability of the home (Art. 13 GG), or the right to informational self-determination, always require a legal basis. The police laws provide such foundations, but they themselves must comply with the principle of proportionality and the essentiality principle set out by the Federal Constitutional Court. The police must always assess whether the infringement of fundamental rights is justified, proportionate, and necessary for the police objective. Additionally, those affected must regularly be informed about their rights, and there is a right to judicial review in the case of particularly serious interventions (e.g., search according to Art. 13 para. 2 GG). In individual cases, the specific situation and severity of the threat must be taken into account.
Under what conditions may the enforcement police use direct force?
Direct force is permitted under police and public order law as a last resort (“ultima ratio”) when the police purpose cannot be achieved by other means, especially when a person does not voluntarily comply with a police order. The relevant legal regulations can be found in the police laws of the federal states (e.g., §§ 50 ff. PolG NRW; §§ 60 ff. PolG BW) and in the nationwide UZwG (Act on the Use of Direct Force by Federal Enforcement Officers). Prior to the use of direct force, a warning is generally required unless there is imminent danger. The measures may only be carried out by specially trained officers, strictly observing proportionality, suitability, and necessity. The use of weapons and firearms is also subject to particularly stringent rules that require a tiered and as gentle as possible approach.
When can the enforcement police establish someone’s identity?
An identity check may generally be carried out when it is necessary to avert a danger or when a person is encountered in a dangerous place (e.g. § 12 PolG NRW, § 23 PolG BW). Additionally, this is also permissible under the general rules of criminal procedure for the prosecution of crimes (see § 163b StPO). A specific danger does not always have to be present; for example, at police-designated “dangerous places,” identity checks without specific suspicion can be carried out for preventive reasons. The measure must be communicated to those concerned, and they may be physically searched if their identity cannot otherwise be established. After the identity check, any unlawfully collected data must be deleted.
What legal remedies are available to persons affected by police measures of the enforcement police?
Various legal remedies are available to those affected by police measures of the enforcement police. In principle, the so-called administrative jurisdiction is available. After a police measure, an application for a declaration of illegality and, if necessary, injunctive relief (according to § 113 VwGO) can be filed. In the case of ongoing or particularly serious interventions, such as police custody, immediate legal protection is possible by way of interim relief (§ 80 VwGO). Depending on the situation, recourse to ordinary courts is also possible (e.g., in cases of bodily harm by police officers). For particularly serious infringements of fundamental rights, a constitutional complaint can be filed with the Federal Constitutional Court (after all legal remedies are exhausted). Additionally, there are internal and external complaint mechanisms such as police complaints offices or ombudspersons.
What are the legal differences between the enforcement police and other types of police (e.g., criminal police)?
The enforcement police in the narrow sense is the uniformed, visibly present, and patrolling police, whose main responsibilities are the prevention of dangers and the general maintenance of public safety. The criminal police, on the other hand, is mainly responsible for the prosecution of crimes, i.e., for prosecution and investigative work. Legally, they differ in terms of the legal basis for intervention: the enforcement police mainly acts on the basis of police laws (state law), while the criminal police acts within the framework of the Code of Criminal Procedure (federal law). In practice, there is overlap, which is why police law often refers to a ‘double authority,’ but a clear legal distinction is essential for determining the relevant legal basis in each case.
Under what conditions may the enforcement police enter and search dwellings?
Entering and searching homes by the enforcement police constitutes an interference with the fundamental right to the inviolability of the home (Art. 13 GG). According to police laws, this is only permitted ‘in case of imminent danger’ or to avert a present, significant threat (§ 41 PolG NRW, § 31 PolG BW). As a rule, a judicial order must be obtained, except in cases of imminent danger where waiting for such authorization would defeat the purpose. The reasons and exact procedure must be documented. For searches of homes for prosecution purposes, the requirements of §§ 102 ff. StPO apply, where judicial authorization is generally the rule. In the case of general legal clauses below the level of law, the principle of proportionality, particularly the protection of privacy, must always be observed. Those affected must be informed of the measure and their rights.
