Term and significance of the organization of the police
Die Organization of the police refers to the legal, structural, and functional design as well as the internal structure of police authorities in a state. The term encompasses all regulations and responsibilities governing the structural and operational organization of police authorities. The objective is an effective and legally sound approach by the police in fulfilling their duties. The regulations on the organization of the police are mainly derived from the respective police laws of the federal government and the states, as well as specific legal ordinances, administrative regulations, and—in certain areas—the Constitution.
Legal basis of police organization
Constitutional foundations
In Germany, the organization of the police is shaped by the federal principle. According to Articles 30 and 70 of the Basic Law (Grundgesetz, GG), general police authority generally falls within the responsibility of the states. Only in special areas, such as border protection, aviation security, or the protection of certain federal institutions, does federal responsibility exist (e.g., Art. 87 para. 1 GG; Art. 73 GG).
The states organize their police forces based on their own legal requirements. The Federal Police is responsible for tasks defined by federal law. The distribution of responsibilities between the federal government and the states significantly influences the structure and competencies of each police authority.
Statutory regulations
The legal basis for the structure and organization of the police is found in the applicable police law of each federal state (e.g., Saxon Police Law, Bavarian Police Duties Act) as well as the Federal Police Act (BPolG). State police: The organization of the state police is regulated by the State Police Act. This sets out the tasks, structure and internal organization, responsibilities, as well as the basic principles of police operations. Federal Police: The organization of the Federal Police is regulated by the Federal Police Act. Supplementary provisions can be found in the Federal Criminal Police Office Act (BKAG) for the Federal Criminal Police Office.
In addition, numerous administrative regulations and organizational rules exist that further specify internal police relations.
Structural and operational organization of the police
Structural organization
The structural organization of the police regulates the hierarchical structure as well as the duties and responsibilities within the police authorities.
State police forces
State police forces generally consist of the following organizational units:
- State Ministry of the Interior: Highest supervisory authority
- Police headquarters or state police directorates: Leading level (in some cases with regional subdivisions into directorates)
- Police stations/police directorates: Intermediate authorities
- Police precincts and police stations: Lower level, responsible for operational tasks within each area
- Special units: e.g., standby police, special response units (SEK), criminal police
The exact designations and structure may vary from one federal state to another.
Federal Police
The Federal Police is subordinate to the Federal Ministry of the Interior and is organized into:
- Federal Police Directorate (leadership and coordination)
- Federal Police inspections (regional units)
- Special units, such as GSG 9
Operational organization
The operational organization of the police describes the rules and procedures under which police tasks are carried out. It includes regulations on responsibility, command authority, reporting and notification duties, as well as procedures for deployments, investigations, and hazard prevention.
Specific processes come into play in various police situations, such as when providing legal assistance, working with other authorities, or during cross-state operations.
Assignment of tasks and substantive jurisdiction
Substantive jurisdiction
The organization of the police determines which police organizational units are responsible for specific areas of responsibility. Typical areas of responsibility include:
- Hazard prevention (prevention)
- Prosecution (repression)
- Proceedings on regulatory offenses
- Protection of private rights to a limited extent
Core competencies lie in hazard prevention (protection of public safety and order) and prosecution (investigation and prosecution of criminal offenses).
Local and substantive jurisdiction
There is a clear distinction between local (territorial) and substantive jurisdiction in the organization:
- Local jurisdiction: Dependent on the place of action and local structure (e.g., police directorate, precinct).
- Substantive jurisdiction: Derived from specific duties and specializations (e.g., water police, traffic police, criminal police).
Leadership, authority to issue instructions and supervisory control
Hierarchical leadership
Police organizational units are structured hierarchically. Leadership is exercised by police presidents, directors, or station heads. The responsible Ministry of the Interior exercises the highest level of leadership and technical supervision.
Instructional structures and supervisory control
The police recognizes both technical supervision (monitoring factual and legal correctness) as well as supervisory control (monitoring official conduct). Within the police, a clearly regulated system of instructions exists from the leadership level down to operational staff.
Functional differentiation and cooperation
Functional specialization
The internal organization of the police includes various specialized departments for specific areas of responsibility:
- Uniformed police (general patrol duty, hazard prevention)
- Criminal police (criminal prosecution, investigations)
- Stand-by police (major operations, support forces)
- Water police, Traffic police, Police dog units, etc.
The distribution of duties is governed by law and serves to increase efficiency and specialization within the police apparatus.
Cooperation and administrative assistance
Within its organizational framework, the police is obliged to provide administrative assistance to other authorities (see Art. 35 GG, Sections 4 ff. of the Administrative Procedure Act). In special situations (e.g., natural disasters, threats to the Federal Republic), laws such as the Federal Security Act foresee the possibility for joint operations by police and other security agencies.
Special features of cross-state and international police organization
Cross-state cooperation
State police authorities are required to cooperate in cross-border matters. There are joint coordination centers and, in special danger situations, central operation commands.
International cooperation
The organization of the police also includes provisions for cooperation with international and supranational agencies. In Germany, the Federal Criminal Police Office (BKA) and the Federal Police perform key tasks in international police information exchange (e.g., via INTERPOL or Europol).
Excursus: organizational authority and police autonomy
The structuring of police organization falls within the organizational authority of the respective interior authorities. This authority allows for the determination of structure, distribution of tasks, and operation within permissible limits. The boundaries are set by the Basic Law, state constitutions, and the relevant police laws.
Police autonomy within agency leadership is limited by parliamentary and judicial supervision, internal and external oversight bodies, as well as complaints and administrative appeals.
Summary
Die Organization of the police refers to the legal, structural, and functional design of all German police authorities and regulates their structure, distribution of responsibilities, jurisdiction, and internal processes. It is characterized by high complexity, federal structures, and numerous legal requirements, with the Basic Law, police laws, administrative regulations, and international agreements forming the essential framework. An effective police force requires a clearly regulated organization to ensure the rule of law, effectiveness, and transparency in the fulfillment of its duties.
Frequently asked questions
How is the police legally organized in Germany?
The police in Germany are organized according to the so-called separation principle, which strictly separates the duties of the police from those of the intelligence services and is enshrined both in the Basic Law and in various state police laws and the Federal Police Act. A key element of the organization is federalism: the police are predominantly a matter for the states, so each of the 16 federal states has its own state police force with its own legal basis and organization. In addition, the Federal Police exists as an independent federal agency regulated by the Federal Police Act, responsible especially for border protection, railway facilities, and aviation security. The legal structure of the police authorities thus reflects the distribution of federal and state competencies, with responsibilities clearly defined by different areas of activity as well as federal and state laws. The police are also subject to various oversight mechanisms such as parliamentary control, data protection oversight, and, depending on state law, also judicial review by administrative courts.
Which statutory regulations govern the organization of the police?
The legal basis for the organization of the police is primarily found in the Basic Law, especially Article 30, which principally assigns the exercise of state power to the states. In addition, specific police laws apply to each federal state (e.g., the Police Law of North Rhine-Westphalia, the Bavarian Police Duties Act), which define the structure, tasks, responsibilities, and powers of the state police. For the Federal Police, the Federal Police Act (BPolG) applies, and supplementarily the Federal Criminal Police Office Act (BKAG) for the BKA. Numerous special laws, such as the Customs Investigations Service Act or the Aviation Security Act, also contain regulations concerning the organization of individual police authorities or special police tasks.
How is the internal structure of the police organization regulated by law?
Within the police, the hierarchical organizational structure is established by law. The police are generally divided into police authorities (central management, intermediate levels, and local stations). The exact division—such as the separation into headquarters, stations, precincts, or posts—as well as the assignment of tasks are regulated by the respective state police laws and police organization ordinances of the states. Special units exist for specific tasks (e.g., SEK, MEK), whose establishment, jurisdiction, and area of responsibility are also legally defined. Civil service law provisions (Civil Service Status Act, state civil service laws) provide the legal framework for personnel organization and hierarchy.
Who has the authority to issue instructions within the police?
The authority to issue instructions within the police organization is precisely regulated by law: the leadership of the relevant police authority holds the formal right to issue instructions to subordinate departments and officials, governed by the principles of administrative law and civil service law. The state ministries of the interior (or for the Federal Police, the Federal Ministry of the Interior) exercise technical supervision over the entire police force of their respective area. This also includes the ability to issue technical directives. However, in certain investigative proceedings, substantive independence applies (the public prosecutor’s office as the “master” of the investigation, § 163 Code of Criminal Procedure), so the police are bound by the instructions of the public prosecutor’s office.
How is cooperation between the federal and state police forces organized?
By law, federal and state police authorities are required to cooperate when necessary to fulfill their respective responsibilities. The Federal Police Act (BPolG) and the state police laws each contain provisions on administrative assistance and mutual support, for example during major operations, disasters, or police measures of state-wide importance. The BKAG allows the Federal Criminal Police Office to coordinate and provide central assistance, particularly with cross-state, serious, or organized crime. The limits of cooperation are determined by the requirement of separation of state responsibilities, unless federal laws expressly intervene or the state police requests assistance.
What oversight mechanisms exist over police organization?
There are various legal oversight bodies for the police. Primarily, the police are subject to parliamentary control, both at the federal and state levels, for example through interior committees. Compliance with the law is also monitored by independent data protection officers, particularly regarding data processing. Complaints can be reviewed by administrative courts if police actions are involved. In some federal states, there are also special police ombudsmen appointed under particular state laws, responsible for internal complaints and grievances. Furthermore, in the area of criminal prosecution, oversight mechanisms exist via public prosecutors and at the federal level also through the Federal Ministry of the Interior.
