Federal Constitutional Protection Act
| Basic data | |
|---|---|
| Title: | Law on cooperation between the Federation and the Länder in matters relating to the protection of the constitution and on the Federal Office for the Protection of the Constitution |
| Short title: | Federal Constitutional Protection Act |
| Previous title: | Law on cooperation between the Federation and the Länder in matters relating to the protection of the constitution |
| Abbreviation: | BVerfSchG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | State law , state protection |
| References : | 12-4 |
| Original version from: | September 27, 1950 ( Federal Law Gazette p. 682 ) |
| Entry into force on: | September 29, 1950 |
| Last revision from: | December 20, 1990 ( Federal Law Gazette I pp. 2954, 2970 ) |
| Entry into force of the new version on: |
December 30, 1990 |
| Last change by: |
Art. 16 VO of June 19, 2020 ( Federal Law Gazette I p. 1328, 1330 ) |
| Effective date of the last change: |
June 27, 2020 (Art. 361 of June 19, 2020) |
| Weblink: | Text of the BVerfschG |
| Please note the note on the applicable legal version. | |
The Federal Constitutional Protection Act ( BVerfSchG ) regulates the tasks and legal status of the Federal Office for the Protection of the Constitution (BfV) as well as the cooperation between the BfV and the constitutional protection authorities of the federal states in Germany.
The task of the protection of the constitution is according to Section 1 (1) the protection of the free democratic basic order , the existence and security of the federal and state governments. More detailed provisions on the tasks can be found in § 3 .
Section 4 contains a legal definition of the free democratic basic order .
In § 5 , the division of responsibilities between Federal and state offices place; Section 6 then regulates the exchange of information between the offices.
The second section of the law ( Sections 8 to 16 ) regulates the powers, the processing of personal data , the rights of those concerned to obtain information and the reporting obligation of the Federal Office for the Protection of the Constitution. The BfV complies with the latter with the constitutional protection report published annually by the Federal Minister of the Interior .
The third section ( §§ 17 to 26 ) contains further regulations regarding data transfers.
Finally, the final provision of Section 27 excludes the application of certain provisions of the Federal Data Protection Act when the BfV performs certain tasks.
literature
- Wolf-Rüdiger Schenke , Kurt Graulich , Josef Ruthig : Federal Security Law - BPolG, BKAG, ATDG, BVerfSchG, BNDG, VereinsG . 2nd Edition. CH Beck, Munich 2019, ISBN 978-3-406-71602-7 , pp. 1253-1420 .
- Bernadette Droste: Handbook of constitutional protection law . Richard Boorberg Verlag, Stuttgart, Munich, Hanover, Berlin, Weimar, Dresden 2007, ISBN 978-3-415-03773-1 .
Web links
Individual evidence
