Concept and Nature of the Institutional Police
Die Institutional Police is a term in public law that describes the sum of measures and organizational structures ensuring order and security within public institutions. It is a special form of regulatory authority exercised by the management of an institution or its representatives, and is restricted to the spatial and functional scope of the respective institution. In German administrative law, the institutional police is a subcategory of the so-called “special police” and is particularly relevant in the context of facilities such as schools, libraries, universities, correctional facilities, hospitals, and other public-law institutions.
Historical Development of the Institutional Police
The concept of the institutional police developed from the need of public institutions to exercise their own regulatory and supervisory powers for the purpose of maintaining orderly operations and preventing disruptive acts. As early as the 19th century, the public administration recognized that a special regulatory authority within certain institutions was necessary to secure their function and integrity, without having to involve the regular police for every measure. The institutional police emerged in distinction to the general police and differs from it both in its jurisdiction and in its legal basis and powers.
Legal Basis of the Institutional Police
Statutory Foundations
The institutional police is typically not legally founded in the general police laws of the federal states, but in those specific statutes that establish and regulate the respective institution (e.g. university laws, correctional laws, hospital laws). Frequently, the institution’s managing authority or its sponsor is granted the authority to issue house or user rules, which are binding on all users.
Difference to the General Police
Unlike the general police, whose tasks and responsibilities are regulated by the police and regulatory statutes of the federal states, the institutional police is limited to the spatial and factual scope of the respective institution. It has no sovereign power outside the institution and is not part of the regular police administration. The measures taken by the institutional police fall under administrative law in the narrow sense (public-law house rules), not under police law in the strict sense.
House Right as Central Legal Basis
The essential legal instrument of the institutional police is the house right, which is specified by the relationship between the institution and its users (for example, students at universities, patients in hospitals, or inmates in correctional facilities). Through house rules, requirements and prohibitions can be imposed, behavior regulated, violations sanctioned, and rules on access and presence established within the institution.
Powers and Limits of the Institutional Police
Own Regulatory and Instructional Powers
The management of the institution is entitled to impose regulations (e.g. access controls, behavioral requirements, smoking bans, quiet hours) to ensure the prevention of hazards and the maintenance of orderly operations and to enforce compliance. This can include control and monitoring measures, issuing removal orders, and, in specific cases, declaring bans from the premises. The extent of these powers is limited by law or institutional rules.
Means of Enforcement
Enforcement of orders issued by the institutional police is regularly carried out using the means of administrative and house law. The institution may order persons to leave or deny them entry; coercive measures such as physical force or the imposition of direct force are generally only permitted in specially regulated exceptional cases and are subject to strict legal requirements. In criminal or security-relevant cases, the authorities of the general police must usually be involved.
Legal Protection and Judicial Review
Orders and measures of the institutional police are subject to judicial review by administrative courts. Affected individuals can challenge user bans, removal orders, or administrative fines by legal proceedings in administrative courts. The legality of measures is judged according to the principle of proportionality and the protection of fundamental rights, especially the general right of personality and the freedom of assembly.
Areas of Application and Examples of Institutional Police
Universities and Colleges
The university administration holds the authority within the campus. This includes the right to regulate the use of facilities, take disciplinary measures (such as exclusion from events or issuing campus bans), and sanction violations of university regulations.
Schools
Here, the institutional police is generally assigned to the school administration. It can take measures to maintain school order, such as exclusion from class, warnings, or bans from the premises for non-students.
Hospitals and Public Libraries
The respective management holds house rights and the authority to issue removal orders or – in cases of repeated misconduct – impose permanent bans to prevent disturbances or violations of user rules.
Correctional Facilities
In correctional facilities, the institutional police is closely linked to the entire regime of operations. Here, all orders to maintain safety and order are made based on special laws and institutional regulations.
Distinctions and Special Features
Distinction from Special Police
The institutional police belongs to the category of special police organizations but—unlike, for example, the railway police or fire service police—does not operate within a special organizational structure, being functionally tied to a particular institution.
Private Sector House Rights
The institutional police must be distinguished from private-sector house rights, such as those exercised by authorized persons in a private company’s premises. While the private house right is based on civil law provisions (e.g. § 903 BGB), the institutional police arises from public law and is part of the administrative regulatory authority.
Importance and Function of the Institutional Police in Administrative Law
The institutional police is an important instrument for safeguarding the functioning of public institutions. It enables orderly coexistence, protects property, the rights and safety of both users and the institution itself, and ensures the conditions necessary for the institution’s proper operation.
Summary
The institutional police comprises the regulatory powers of public institutions to ensure order and security within their premises. These powers are primarily based on house law and institution-specific public law, anchored in special regulations. They cover the issuance and enforcement of rules and instructions regarding the use of the institution as well as protection from hazards and disturbances. Measures of the institutional police are subject to judicial review by administrative courts and are always bound by the principle of proportionality. The institutional police is therefore an indispensable component of the hazard prevention system in German administrative law.
Frequently Asked Questions
Which legal principles regulate the activities of the institutional police?
In Germany, the institutional police is mainly governed by special statutory provisions, which may vary depending on the federal state and the type of institution. In the area of correctional facilities, the legal framework is primarily based on the respective state correctional laws and operational regulations. Detailed rules on jurisdictions, powers, and duties of the institutional police are often found in §§ 162 to 167 of the Prison Act (StVollzG) and in supplementary administrative regulations. Analogous provisions in the relevant specialist legislation apply for other areas, such as psychiatric institutions or forensic commitment. There is no uniform federal regulation; instead, detailed rules on organization, civil service capacity, and rights of intervention fall within the legislative competence of the federal states. General police and regulatory law is only applicable to the institutional police where expressly stated or referenced by the relevant special law.
What special powers of intervention does the institutional police have compared to the state police?
The institutional police is limited in its intervention powers to the respective institution’s area of competence. It may take measures to maintain peace, order, and security within the facility. These include in particular the search of persons and objects as part of visitor control (§ 84 StVollzG), the use of direct force (§§ 87, 88 StVollzG), and the enforcement of institutional rules against inmates and visitors. Unlike the state police, however, it is not authorized to take sovereign measures outside the institution’s premises or to perform general police tasks in public space. Its powers closely correspond to the specific function of custody or detention and are tied to the special legal purpose.
What is the public service status of institutional police personnel?
Institutional police staff are regularly public servants, usually employed as civil servants or under a public law contract. Their rights and duties derive partly from the respective state civil servant act and partly from special institutional administrative rules. Unlike the police, they are not assigned to an independent police authority, but are organizationally part of the respective institution. Civil service regulations cover aspects such as patrol leadership, training, uniforms, disciplinary law, and welfare or liability issues. Special service law protection as well as equipment and training are tailored to the particular requirements of each institution type.
In which situations may the institutional police use direct force?
Direct force by the institutional police is permitted under special statutory provisions (e.g. §§ 87 ff. StVollzG) if there is a danger to the security or order of the institution and less severe measures are insufficient. These situations include, among others, resistance by inmates, enforcement of institutional regulations, defense against attacks, or prevention of escape attempts. The use of force must always be proportionate and is subject to strict documentation requirements. In addition, staff must be trained in its use and generally provide evidence of such training (de-escalation training, equipment instruction).
Is the institutional police subject to special oversight or control?
Yes, the institutional police is subject to special internal and external oversight. Internally, the institution’s management monitors the legality and appropriateness of measures. Externally, control is exercised by supervisory authorities (e.g. the justice ministries of the federal states), independent oversight bodies such as the prison advisory board, and, in certain cases, by courts in accordance with the guarantee of legal recourse (Art. 19 para. 4 GG). In addition, parliamentary and data protection monitoring takes place to prevent violations of fundamental rights.
How is the relationship between the institutional police and other security agencies regulated?
The institutional police cooperates with other security agencies, in particular with the state police, strictly on the basis of statutory provisions and within the boundaries of its respective jurisdiction. For example, cooperation may be necessary in cases of escapes, serious emergencies, or threats to life and limb (so-called official assistance pursuant to Art. 35 GG). The competencies remain clearly demarcated: while institution operations are generally secured independently, the state police only assumes public tasks within the institution in exceptional circumstances. The delegation of tasks and the conduct of joint measures are precisely defined by law and are subject to special provisions regarding data protection, liability distribution, and operational command.
What legal remedies are available against measures of the institutional police?
Persons affected by measures of the institutional police may generally seek legal recourse. For inmates, special complaint procedures exist under the Prison Act (§§ 109 ff. StVollzG), allowing judicial review of the measure. Visitors and third parties may, depending on circumstances, file an objection or lawsuit against adverse measures. For significant infringements of fundamental rights, interim legal protection is regularly available to prevent irreparable harm. In such proceedings, the courts examine both the admissibility and the proportionality of police measures in light of fundamental rights.
