Police Administrative Authorities

Police Administrative Authorities: Definition, Legal Foundations, and Tasks

Definition and Legal Basis

The Term Police administrative authorities refers in Germany to the government authorities tasked with performing policing functions within administrative procedures. They are distinct from police enforcement authorities, whose main role involves averting dangers and prosecuting offenses through direct coercion and police operations. Police administrative authorities are organized as part of the general administration of the federal states and exercise sovereign tasks on the basis of the respective police laws of the federal states.

The legal foundation stems from the state police laws, the general administrative laws of the states, and administrative offense law. Additionally, municipal constitutions of the states and individual special laws, such as the Passport Act or residency regulations, are significant insofar as they assign regulatory tasks to police administrative authorities.

Distinction: Police Administrative Authorities and Police Enforcement Authorities

In German police and regulatory law, there is a clear distinction between police administrative authorities and police enforcement authorities:

• Police administrative authorities are, as a rule, administrative authorities at municipal or higher administrative levels responsible for tasks relating to the prevention of danger, preventive policing, and regulatory administration. They mostly act through administrative procedures (e.g., issuing administrative orders such as exclusion orders, prohibitions, or business closures).
• Police enforcement authorities are executive bodies staffed with their own personnel, especially police officers, responsible for operational danger prevention, law enforcement, and the execution of coercive measures.

Task allocation is based on the principle of separation between administration and enforcement, although cooperation or delegation of tasks may occur in special situations.

Organization and Structure

Administrative Structure

Police administrative authorities are typically located at the local level (municipalities, cities, districts) and are differentiated in the administrative hierarchy as follows:

• Local police authorities: In most federal states, the municipal local authorities (municipal administration, city administration, district office) carry out the functions of the police administrative authority. In practice, this is often the public order office (Ordnungsamt).
• District or county administrative authorities: The counties and independent cities have superior administrative police powers, for example, at larger events or matters of supra-local significance.
• Higher state authorities: In some cases, regional governments, district governments, or comparable authorities are responsible for special regulatory tasks.
• Highest state authority: The Ministry of the Interior of a federal state can act as the highest police administrative authority and is responsible for fundamental decisions, organization, and oversight.

The exact structure of the hierarchy, the naming, and the distribution of tasks is governed by the respective state laws.

Centralized and Decentralized Structures

Some federal states use a centralized police model, where police administration is concentrated at the state agencies. Other states, such as North Rhine-Westphalia or Bavaria, follow a municipal order model in which danger prevention remains largely the responsibility of municipalities and counties.

Tasks and Powers

Police administrative authorities perform a wide variety of tasks, structured according to general legal foundations for danger prevention, maintaining public safety and order, and the prevention of administrative offenses:

• Prevention of danger: Immediate prevention and elimination of dangers to public safety and order, for example by issuing exclusion orders, banning events, or seizure orders.
• Issuance of administrative acts: Pronouncement and threat of measures in anticipation of direct coercion, e.g., prohibition orders or notices of fines.
• Enforcement of requirements and conditions: Monitoring and supervising compliance with public regulatory provisions, particularly at assemblies, demonstrations, businesses, catering establishments, markets, or construction projects.
• General regulatory tasks: Monitoring compliance with public law provisions as well as identifying and prosecuting administrative offenses (for example, noise disturbances, non-smoking protection, animal husbandry).
• Collaboration and support of police enforcement forces: Coordination in supra-local and higher-level operations, special situations such as natural disasters or large-scale events.

According to the principle of opportunity, the authorities are obliged to act in the presence of a regulatory threat, provided that a danger to public safety or order cannot be averted otherwise.

Legal Foundations and Norms

Police law of the federal states

The legal basis for the work of police administrative authorities is the respective police law of the federal state (e.g., the Police Act NRW, the Bavarian Police Tasks Act, or the Saxon Police Act). These laws regulate who is a police administrative authority, on what legal grounds administrative measures are carried out, and which powers apply in individual cases.

General administrative law

In fulfilling their duties, police administrative authorities apply the Administrative Procedure Act of their federal state or, subsidiarily, the Federal Administrative Procedure Act (VwVfG). Regulatory orders are enforced through administrative acts, general orders and administrative enforcement. The provisions of the Administrative Offenses Act (OWiG) apply subordinately, especially in prosecuting and sanctioning administrative offenses.

Special legal areas

Further special laws regulate the tasks and intervention powers of police administrative authorities, for example:

• Registration law
• Passport and ID card law
• Assembly law
• Restaurant law
• Immission control law
• Foreigners law

These special laws regularly contain specific administrative procedural rules and jurisdictional provisions.

Jurisdiction and procedure

Local and subject-matter jurisdiction

Local jurisdiction is determined mostly by the location of the danger or event (locality principle). The police administrative authority to which the respective regulatory law or state regulation assigns the task is substantively responsible. In cases of overlapping jurisdiction, higher administrative levels (e.g., district office or regional government) are usually relevant.

Administrative procedure and legal protection

Measures taken by police administrative authorities are administrative acts or general orders issued through an administrative procedure (hearing, justification, notification). These measures can generally be challenged by objection and litigation in the administrative courts. The lawfulness of the authority’s actions is subject to comprehensive review by the administrative courts.

Relationship with other authorities and cooperation

Police administrative authorities are part of public administration and work closely with other authorities. This includes police enforcement authorities and also special agencies such as health offices, building regulatory authorities, or environmental authorities. Collaboration is regulated in cooperation agreements, statutes, and administrative regulations. In crisis or emergency situations, an operational command is often established, in which police administrative authorities play a coordinating or supporting role.

Police administrative authorities in federal law and other countries

In federal police law, the distinction between administrative and enforcement authorities appears within the federal police only to a limited extent, as their organization is more centralized and executive-oriented. In other countries, analogous systems to the German separation of administrative and enforcement bodies either do not exist or are structured differently.

Significance and classification in regulatory law

Police administrative authorities are fundamental pillars of preventive regulatory law. Through preventive action and ongoing monitoring, they ensure public safety and order. Their responsibilities range from issuing administrative acts to managing sources of danger and disturbances in daily life. Ensuring a constitutionally guaranteed legal framework for proportionality and protection of fundamental rights is essential to their activities.

Literature and Further Information

• Police laws of the federal states (e.g. <a href="https://recht.nrw.de/lmi/owa/brtextanzeigen?v_id=2092020103115120772″>PolG NRW, Bavarian PAG)
• Specialist regulatory law literature, e.g., “Polizeirecht” by Klaus Ferdinand Gärditz
• Administrative procedure laws and subject-specific administrative regulations of the states

Note: The precise allocation of responsibilities and assignment of tasks to police administrative authorities is determined by the respective state laws and may vary in detail.

Frequently Asked Questions

Who is substantively and locally responsible for measures by police administrative authorities?

The subject-matter jurisdiction of the police administrative authorities is generally derived from the respective state laws, for example, the police law of the federal state or the Administrative Enforcement Act. For specific tasks, such as danger prevention or issuing police-related administrative acts, general regulatory authorities (usually public order offices, district offices, mayor’s offices acting as safety authorities) are substantively responsible, while special regulatory agencies (e.g., building regulatory authorities, health offices) intervene in situations regulated by special statutes. Local jurisdiction is regularly based on the place of the incident (§ 3 VwVfG), meaning: The authority at the location to be regulated has local jurisdiction. In addition, state-specific rules such as §§ 4 ff. police and regulatory statutes and jurisdiction regulations must be observed.

How do the intervention powers of police administrative authorities differ from those of the police?

Police administrative authorities and the police basically have the same legal powers of intervention for danger prevention, but with differing enforcement competencies. While police administrative authorities mainly act through administrative acts, issuing orders, prohibitions, etc., the police as an enforcement authority can also use direct coercion if necessary to avert an imminent danger. Especially in urgent matters (imminent danger), police may act independently, while police administrative authorities are usually limited to issuing and enforcing administrative acts and must enlist the police for execution (e.g., enforcement, direct coercion; § 60 VwVG, §§ 60 ff. PolG). The division of responsibilities is regulated differently under state law.

What is the difference between tasks of danger prevention and tasks of law enforcement in the context of police administrative authorities?

Police administrative authorities act exclusively in the area of danger prevention (preventive administrative action). There, they monitor public safety and order, issue directives, orders, and enforce provisions to prevent dangers. Law enforcement (repressive action), on the other hand, falls exclusively within the responsibilities of police enforcement authorities and criminal prosecution agencies (public prosecutor’s office, police under the Code of Criminal Procedure). While police administrative authorities may identify and report criminal offenses in the course of their duties, they do not conduct criminal proceedings and are not responsible for measures such as interrogations, searches, or arrests in the sense of criminal procedure. This distinction is central for legal remedies, responsibilities, and procedures.

How is the route through administrative courts structured regarding measures taken by police administrative authorities?

Against official measures adopted by police administrative authorities, the administrative legal process under Art. 19 Sec. 4 Basic Law, §§ 40 ff. VwGO is available. Legal remedies such as objection (where provided by law) and actions (annulment action, mandamus action, declaratory action) can be filed. The administrative courts then review both the formal and substantive legality of the authority’s action for compliance with legal foundations (e.g., Police Act, administrative enforcement law, special laws). Of particular importance is whether the measure is based on danger prevention (administrative dispute) or criminal law (criminal prosecution measure, then ordinary courts). The distinction between repressive and preventive character of the measure is decisive.

Can police administrative authorities levy fees and charges for their measures?

Yes, police administrative authorities are authorized under the fee schedules of the respective state administration to levy fees and charges, for example, for police orders or substitute performance. The type and amount of the fees levied are governed by specific state fee laws (e.g., Administrative Costs Ordinance), administrative cost rulings, and underlying state provisions in the police laws. Even in cases of coercive measures (e.g., substitute performance, seizure, warnings), separate notices for costs and fees may be issued. Remedies against such fee notices are as for principal administrative acts, usually objection and, where applicable, an action for annulment. The costs are imposed on the conduct-disrupting party, the condition-disturber, or the possible joint debtor, depending on the disturbance principle.

Is immediate enforcement of measures by police administrative authorities possible?

Measures taken by police administrative authorities can be declared immediately enforceable, particularly when there is a special public interest, such as for hazard prevention (§ 80 para. 2 no. 4 VwGO). The order for immediate enforcement must be made in writing and must include a special justification. In some cases, the law itself orders immediate enforceability (e.g., in enforcement law). The person against whom the measure is directed may apply for a judicial suspension of enforcement by means of interim legal protection (§ 80 para. 5 VwGO). The lawfulness of immediate enforcement is subject to strict constitutional and statutory requirements and is subject to judicial review.

What role does the principle of proportionality play in the actions of police administrative authorities?

The principle of proportionality is a central, constitutionally anchored principle for all administrative actions, including those carried out by police administrative authorities. Measures must be suitable, necessary, and appropriate (proportionate in the narrower sense). This principle is expressly regulated in all state police laws and in general administrative law, ensuring an appropriate balance between the public interest in hazard prevention and the individual fundamental rights of those affected. Thus, a measure may not go beyond what is necessary for hazard prevention nor be to the detriment of uninvolved third parties. The examination and observance of proportionality is regularly also the subject of judicial review.