Bavarian border police

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Former GrePo association badge (here as a breast pocket tag )

The Bavarian border police was re-established as part of the state police with effect from August 1, 2018 . It is divided into the management of the Bavarian border police, which is affiliated to a presidium as the border management unit, and border police inspections and border police stations (Art. 5, Paragraph 3 POG). Their tasks are border surveillance, border control (including border searches) as well as the elimination of disturbances and the defense against dangers that impair the security of the borders (Art. 5 Para. 2 POG).

A Bavarian border police already existed from 1946 (1952 independent) to 1998 as a police association and was also responsible for the federal borders in Bavaria . The authority, which was based in Munich at the time, was the third pillar of the state police alongside the state police (from 1972 state police) and the riot police .

history

1945 to 1998

In 1945, the Bavarian border police was - at that time Bavarian border police called - rebuilt. This had existed from 1919 to 1934 in the form of Bavarian border police commissioners on the borders between Lindau and Eger . The re-establishment took place with the VA No. 72 on the formation of a Bavarian State Border Police from November 15, 1945, which came into force on March 1, 1946. The first forces were set up by the US occupation forces as "Border Police".

On March 15, 1947, the main responsibility for border control and implementation of the Military Government Act No. 161 was transferred to the Bavarian Border Police. However, the border police continued to receive instructions from the military government. The control of members of Allied military personnel and their relatives was exclusively the American military personnel.

When in 1951 the US occupation forces refused to use the former SS-Hauptsturmführer Leonhard Halmanseger, who was already pursuing political opponents in the Reich Main Security Office , at the newly established Bavarian State Office for the Protection of the Constitution , referring to his past, the Bavarian State Ministry of the Interior made him an officer of the border police but in fact work for the protection of the constitution. Other, previously charged employees of the Office for the Protection of the Constitution also became official employees of the border police. Under the impact of the Cold War , the reservations of the US agencies against the experienced anti-communists were reduced, so that people like Halmanseger could now be transferred to the office of the Office for the Protection of the Constitution.

On October 28, 1952, the Bavarian Police Organization Act was passed. It regulated the border police in Articles 34 to 41 and assigned them as the task of "monitoring and police protection of the national borders, in particular the monitoring of border traffic and the execution of the extradition and acceptance of people, as well as the monitoring of passenger traffic at airports". The departments were given designations that corresponded to those of the rural police.

The last jurisdiction agreement with regard to the Federal Border Guard was established with the administrative agreement between the Federal Ministry of the Interior and the Bavarian State Government on the performance of tasks of individual border police service in Bavaria of July 16, 1975 .

Apart from Bavaria, no other federal state in Germany has had its own border police since the post-war period (a Hessian border police existed until 1950). At the end of the 1980s, the end of the Bavarian border police became apparent. Due to Austria's accession to the EU on January 1, 1995 and to the Schengen Agreement on April 28, 1995 , the situation on the Bavarian-Austrian border changed fundamentally. From January 1, 1997, border controls on traffic from Austria were gradually lifted.

With the incorporation of the Bavarian Border Police into the Bavarian State Police, their history ended at the end of March 31, 1998. As a replacement, police stations were created that deal practically exclusively with cross-border traffic. The following should be mentioned here: The Police Inspectorate (PIF) with border police stations (GPS) and the Investigation and Control Troops (FKT). The officials of the FKT act civilly and are also active outside of border regions. The establishment of the border commissioner was the only one that remained.

Reconstruction in 2018

Markus Söder announced after his election as Bavarian Prime Minister that he wanted to reactivate the Bavarian border police before the state elections in autumn 2018 . The new unit should consist of 500 officers and 160 emergency vehicles. The new directorate of the Bavarian Border Police , based in Passau , received its own badge and, as Bavaria-wide central office, is to coordinate and intensify national and international cooperation with direct border reference. The management, which plays a special role in today's three-tier hierarchy of the Bavarian police , takes on the technical supervision of the previous departments and organizational units with veil search tasks of the Bavarian police.

The reactivation of the Bavarian border police was finally decided during the first meeting of the Söder cabinet on March 23, 2018 with 1000 posts as of July 1, 2018. The management of the Bavarian Border Police started work on July 2, 2018. The director is Alois Mannichl .

Following a lawsuit by the Greens , the Bavarian Constitutional Court found in August 2020 that Article 29 of the Bavarian Police Tasks Act (“Powers for tasks of border control and security of facilities”) was partially unconstitutional.

Individual evidence

  1. ↑ Article 5, Paragraph 1 of the Police Organization Act, cf. Section 1 No. 3 of the law of July 24, 2018 ( GVBl. P. 607 ; PDF, 2.3 MB)
  2. ↑ Individual police service in Bavaria: From the state police to the state police. In: polizei.bayern.de. Retrieved July 2, 2018 .
  3. ↑ Felix Bohr: The brown roots of the Bavarian protection of the constitution. In: SPIEGEL Online. July 22, 2013, accessed July 2, 2018 .
  4. ↑ The history of the Hessian police and more ... In: polizei.hessen.de. Police Hesse, March 22, 2013, accessed on July 2, 2018 .
  5. ↑ Christian Deutschländer: Söder is planning this mega project for Bavaria. In: Merkur.de. January 19, 2018, accessed July 2, 2018 .
  6. ↑ Uli Bachmeier, Henry Stern: Bavaria is getting its own border police. In: Augsburger Allgemeine. February 14, 2018, accessed July 2, 2018 .
  7. ^ Söder wants to station the Bavarian border police in Passau. In: br.de. Bayerischer Rundfunk, February 14, 2018, accessed on September 4, 2019 .
  8. ↑ Söder wants to protect Bavaria's borders with its own police. In: welt.de. February 14, 2018, accessed July 2, 2018 .
  9. ↑ Passau is to become the headquarters of Söder's planned border police. In: Süddeutsche Zeitung. February 14, 2018, accessed July 2, 2018 .
  10. ^ Report from the cabinet meeting on March 23, 2018. In: Bayerisches Landesportal. March 23, 2018, accessed July 2, 2018 .
  11. ↑ Ceremony: Bavarian Border Police start their work today. In: Passauer Neue Presse. July 2, 2018, accessed July 2, 2018 .
  12. ↑ DER SPIEGEL: Judgment at the Constitutional Court: Bavarian border police violate the constitution in parts - DER SPIEGEL - Panorama. Retrieved August 28, 2020 .
  13. ^ PAG: Art. 29 Powers for tasks of border control and security of facilities - Citizen Service. Retrieved August 28, 2020 .
  14. ↑ Press release of the Bavarian Constitutional Court on the decision

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