Definition and Nature of the Police Enforcement Service
In Germany, the police enforcement service refers to the sector of the police whose members are authorized to independently carry out police enforcement measures on the basis of statutory powers. It forms the backbone of the police as part of the public administration and performs sovereign duties of hazard prevention and law enforcement. The legal framework for the police enforcement service and its powers is laid down by the Basic Law, federal and state laws as well as by international regulations and ordinances.
Legal Basis and Statutory Framework
Constitution and Police Duties
The legal foundation for the police enforcement service is anchored in the Basic Law of the Federal Republic of Germany. According to Articles 30 and 70 of the Basic Law (GG), police authority generally rests with the federal states, unless the Basic Law assigns powers to the federal government (e.g., Federal Police, Federal Criminal Police Office). The task of police hazard prevention and law enforcement is primarily the responsibility of the state police.
Key Legal Sources
State Police Laws
The tasks, powers, and organization of the police enforcement service are detailed in the police laws of the states (e.g., PolG NRW, BayPAG, HSOG). These laws set out the legal basis for police actions, data protection, cooperation with other authorities, and the exercise of direct force.
Federal Legal Provisions
Special statutory provisions for the Federal Police and the Federal Criminal Police Office can be found in the Federal Police Act (BPolG) and in the Act on the Federal Criminal Police Office (BKAG). Further central regulations are provided by criminal procedure law, especially the Code of Criminal Procedure (StPO), when the police enforcement service exercises tasks of law enforcement.
International and Supranational Regulations
The operation and cooperation of police enforcement services in an international context are based on international treaties, EU regulations, and agreements on cross-border cooperation, for example within the Schengen Area.
Organizational Structures and Fields of Duty
Differences between Enforcement Police and Other Types of Police
The police enforcement service is to be distinguished from other areas of the police, such as the administrative police or technical services. Members of the enforcement service are authorized to carry out enforcement measures and direct force to uphold law and security.
Core Tasks
The primary tasks of the police enforcement service are divided into two main areas:
- Hazard Prevention: Preventive prevention and elimination of dangers to public safety and order.
- Law Enforcement: Investigation and prosecution of criminal offenses as part of investigative activities and for the enforcement of the state’s right to punish.
Other tasks include, for example, traffic surveillance, supervision of assemblies, protection of private and public events, as well as measures for the prevention of regulatory offences.
Legal Powers and Restrictions
Legal Authorization and Principle of Proportionality
All measures of the police enforcement service require statutory authorization (reservation of law). The rule of law principle dictates that police actions must always be measured against the principle of proportionality. Police intervention powers are also subject to ongoing judicial review.
Classic Measures
Typical police enforcement measures include:
- Verification of identity (§ 163b StPO, corresponding state laws)
- Searches of persons and property (§§ 102 ff. StPO, state police laws)
- Custody and detention
- Application of direct force according to the respective police law
- Removal orders and bans on presence
Each measure must be examined for legality; unlawful measures regularly establish official liability claims.
Right of Intervention vs. Duty of Protection
The police enforcement service has not only rights of intervention but also constitutional duties of protection towards citizens, particularly in cases of danger to life and health. Balancing state intervention and individual liberty is a central task of the police enforcement service.
Status and Rights of Police Enforcement Officers
Official Capacity and Special Rights
Members of the police enforcement service are public officials and have a special duty relationship with the state. During their work, they enjoy extended protection provisions (§§ 113 ff. StGB – protection against attacks), but are also subject to special regulations regarding official conduct, confidentiality, and accountability.
Legal Protection and Oversight
Police enforcement officers are subject to service law, criminal law, and civil law accountability. Supervisory authorities, courts, and parliamentary oversight bodies monitor the lawful exercise of the police enforcement service.
Particularities: Special Rights, Civil Service Status, and Training and Continuing Education
Special Rights in Traffic Law
In the exercise of their sovereign duties, the police enforcement service is partially exempt from certain regulations, for example in road traffic (special rights and priority rights according to § 35, § 38 StVO).
Civil Service Status
Members of the police enforcement service are generally career civil servants with tenure for life and are subject to specific civil service regulations, especially regarding official duties, disciplinary proceedings, and benefits.
Training and Continuing Education Requirements
Special requirements regarding education, medical and psychological suitability are prescribed for the exercise of police enforcement service. Regular continuing education, especially regarding legal changes, de-escalation, and handling special situations, is required by law.
Control Bodies and Legal Remedies
Internal and External Oversight
Police action is subject to internal oversight by superiors and specialist departments as well as external oversight by courts (administrative, civil, and criminal courts), parliamentary committees, and independent complaints bodies.
Legal Remedies for Affected Persons
Individuals affected by measures of the police enforcement service may take legal steps such as objections, interim legal protection or action before administrative courts to have the measures reviewed.
References and Further Information
- State Police Laws (e.g. PolG NRW, BayPAG, HSOG)
- Federal Police Act (BPolG)
- Code of Criminal Procedure (StPO)
- Basic Law (GG)
- Act on the Federal Criminal Police Office (BKAG)
- Legal texts and commentaries on police law
This overview comprehensively describes the concept and legal classification of the police enforcement service in Germany and its significance for the protection of public security and the enforcement of the state’s monopoly on the use of force.
Frequently Asked Questions
Which legal bases govern the police enforcement service in Germany?
The police enforcement service in Germany is based on a multitude of statutory regulations adopted at both the federal and state level. The key legal foundations are the Basic Law (especially Art. 33 GG as well as the fundamental rights in Art. 1-20), the police law of the respective federal state (e.g., PolG NRW, PolG BW), as well as special federal laws such as the Federal Police Act (BPolG), the Customs Investigation Service Act (ZFdG), and, in the context of hazard prevention, the Regulatory Offenses Act (OWiG). Also relevant are area-specific regulations, including the Criminal Code (StGB) and the Code of Criminal Procedure (StPO), insofar as they relate to repressive police action. European law provisions as well as the European Convention on Human Rights must also be observed, especially to ensure the principle of proportionality and the protection of human dignity.
What requirements must be met for police measures directed at citizens?
Police measures may generally only be taken on the basis of statutory authorization. The key requirements are, in particular, the existence of a threat to public safety or order (in the case of preventive action) or the suspicion of a criminal or regulatory offense (in the case of repressive action). In addition, the principle of proportionality must always be observed: measures may only be implemented if they are suitable, necessary, and appropriate. Measures usually must be announced in advance, unless notification would defeat the purpose of the measure or create a danger (§ 28 VwVfG). The personal rights of the individuals affected, in particular the general right of personality and the right to informational self-determination, must also be respected.
What powers do police enforcement officers have in searches?
The legal powers to search persons, homes, and objects are strictly limited and depend on the objective (hazard prevention or law enforcement) and the respective statutory bases. In the context of hazard prevention, a search is permissible under the relevant state police laws if there is an imminent danger or factual circumstances justify the assumption that a person or objects to be secured are present on the premises. In the context of law enforcement (investigating criminal offenses), the search generally must be ordered by a judge (§ 102 ff. StPO), except in cases of exigent circumstances. In this context, fundamental rights such as the inviolability of the home (Art. 13 GG) may only be restricted under strict conditions and with special justification. Usually, witnesses must be present during searches, and a protocol must be prepared.
How are police enforcement measures regulated by law?
Police enforcement measures such as direct force, physical force, or the use of aids such as handcuffs are conclusively regulated in the police laws of the states as well as the Federal Police Act (§§ 62 ff. PolG NRW or § 9 ff. BPolG). The principle of proportionality has paramount priority: force may only be used if a measure cannot be implemented in any other way. There are detailed provisions regarding the types, procedures, and documentation of the use of force. Protected fundamental rights, such as physical integrity (Art. 2 para. 2 GG), must always be particularly safeguarded. Each use of force must be recorded and is subject to subsequent judicial and administrative review.
What rights do persons affected by police measures have?
Persons affected by police measures enjoy numerous rights derived from the Basic Law as well as special statutory provisions. These especially include the right to a hearing and to be heard (§ 28 VwVfG, Art. 103 GG), the right to information regarding the reason and legal basis of the measure (duty to provide information), the right of complaint, as well as the right to immediate judicial review, for example in the case of detention (§ 104 StPO, §§ 13 ff. PolG). There is also a right to appropriate treatment and to the documentation and communication of actions taken. The requirements of data protection under the GDPR and the relevant police laws must be strictly observed, particularly with regard to the processing and storage of personal data.
When is legal protection available against police measures, and how is it structured?
Legal protection against police measures is open to any affected person and must initially be sought within the framework of administrative preliminary proceedings (objection) in the case of preventive police action or by bringing a lawsuit before the administrative court. In the case of repressive action (law enforcement), complaint, application for judicial decision, and ultimately an action before the criminal court are possible. In particular, interim legal protection is ensured by applications for interim orders (§ 123 VwGO) or judicial decisions in the event of deprivation of liberty. Legal protection is extensively structured and guaranteed by Art. 19 para. 4 GG.
What special provisions apply to cross-scene communication and data exchange in the police enforcement service?
Cross-scene communication and data sharing between the police, other authorities, and international bodies are subject to strict statutory limits. They are based, among other things, on the data protection laws of the states, the Federal Data Protection Act (BDSG), and specific police law provisions (§§ 27 ff. BDSG, §§ 25 ff. BPolG). The transmission of personal data is generally permissible only if it is necessary for the fulfillment of police tasks and has a statutory basis. Especially sensitive is data exchange with foreign police authorities and EU agencies (e.g., Europol); here, the rights of the GDPR, the BKAG, and special regulations such as the Law on International Legal Assistance in Criminal Matters (IRG) apply. Every instance of data processing must be documented, and the data subject has the right to access information about the data stored about them.
