Committee according to Article 13 Paragraph 6 of the Basic Law

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The body under Article 13 (6) of the Basic Law ( body under Article 13 (6 ) of the Basic Law ) is a nine-member body of the German Bundestag for parliamentary control of interference with the fundamental right to the inviolability of the home under Article 13 of the Basic Law (GG).

The body is not intended to be a substitute for judicial protection, but is intended to make parliamentary control more effective. The review to be carried out in accordance with Article 13 (6) of the Basic Law does not serve as a subsequent parliamentary review of the legality of the individual measures, but aims at exercising the political responsibility of Parliament, in particular at legislative monitoring of the suitability and consequences of the measures.

Legal basis

Article 13 GG protects the inviolability of the home. However, under Article 13 paragraphs 3 and 4, law enforcement authorities can tap or record private conversations in apartments if a person has committed serious crimes or if these can be prevented. This is a particularly serious interference with the fundamental rights of the persons concerned.

The legal basis is Article 13 of the Basic Law and Sections 100c to 100f of the Code of Criminal Procedure (StPO). According to Article 13 of the Basic Law, the Federal Government informs the Bundestag annually about the use of technical means in accordance with Article 13, Paragraph 3 of the Basic Law as well as of the use of technical means in the area of ​​competence of the Federation in accordance with Article 13, Paragraph 4 of the Basic Law and, insofar as this requires judicial review, of Article 13, Paragraph 5 of the Basic Law . For the area of ​​criminal prosecution, the reporting obligation is specified in more detail in § 100c StPO.

The technical surveillance of living space is permissible according to Article 13 paragraph 3 GG if it is used to prosecute particularly serious crimes. This requirement is concretized by § 100b paragraph 2 StPO, which names the relevant acts. With regard to such an act, facts must justify the suspicion that the person being eavesdropped committed it.

Article 13 (4) of the Basic Law allows technical surveillance to continue to avert danger . The prerequisite for this is that there is an urgent danger to public safety, such as a common danger or a mortal danger.

Article 13 (5) of the Basic Law allows monitoring by means of technical means to protect people who are deployed in an apartment. This regulation relates, for example, to undercover investigators ( § 100a StPO) or other members of a security authority or persons working for them. In contrast to measures under Article 13 Paragraphs 3-4 of the Basic Law, a court order is not required for a measure under Article 13 Paragraph 5 of the Basic Law. However, the data obtained during such a use may only be used for purposes other than protective purposes if the legality of the measure has been determined by a judge.

history

Printed matter 13/8650 of October 1, 1997 is a draft law of the CDU / CSU , SPD and FDP parliamentary groups to amend the Basic Law (GG). The draft provided for the addition of several paragraphs according to Article 13, Paragraph 2 of the Basic Law. The establishment of the body should follow from paragraph 6: A body elected by the Bundestag exercises [...] parliamentary control. With the law amending the Basic Law (Article 13) of March 26, 1998 ( BGBl. 1998 I p. 610 ), paragraphs 3–6 were inserted after paragraph 2; the then paragraph 3 became the new paragraph 7. The law was promulgated in the Federal Law Gazette on March 31 and came into force the following day. It was drawn up and signed by the then Federal President Roman Herzog , the then Federal Chancellor Helmut Kohl , the then Federal Minister of Justice Edzard Schmidt-Jortzig and the then Federal Minister of the Interior Manfred Kanther .

On March 3, 2004, the Federal Constitutional Court ruled on constitutional complaints in this matter. The law of June 24, 2005 implementing the judgment of the Federal Constitutional Court of March 3, 2004 made adjustments that were requested by the Federal Constitutional Court. It comprised changes to the Criminal Procedure Code , the Courts Constitution Act , the ICC Act, the Act amending the Criminal Procedure Code of December 20, 2001, the Criminal Code and the Act to Combat Undeclared Work .

Members

Surname fraction
Andrea Lindholz
CDU / CSU
Axel Mueller
CDU / CSU
Marian Wendt
CDU / CSU
Johannes Fechner
SPD
Susanne noon
SPD
Jens Maier
AfD
Stephan Thomae
FDP
André Hahn
The left
Irene Mihalic
B90 / greens

Members in the 18th electoral term were Stephan Mayer ( CSU ), Nina Warken ( CDU ), Marian Wendt (CDU), Elisabeth Winkelmeier-Becker (CDU), Gabriele Fograscher ( SPD ), Burkhard Lischka (SPD), Gerold Reichenbach (SPD) , Frank Tempel ( left ) and Irene Mihalic ( green ).

Monitoring reports

The last annual report according to Article 13 paragraph 6 GG is from October 5, 2018.

From 2011 to 2017, a total of 64 properties were monitored in accordance with paragraph 3, whereby the same property can certainly appear in different reporting years. This results in an average of around nine monitored objects per year.

Monitoring in accordance with paragraph 4 has taken place twice since 1998 in 2011 and once in 2015. This was a measure of the Federal Criminal Police Office on the occasion of a danger within the meaning of Section 4a (1) sentence 1 no. 1 BKA Act . Three interferers and three non-interferers were monitored in a private apartment. The order related to 31 calendar weeks, of which only 26 were tapped. All six of those affected were not notified according to Section 20w (1) sentence 2 of the BKA Act. Translation costs of around 150,000 euros and around 3,800 euros in other costs were incurred.

Monitoring according to paragraph 5 has never been carried out.

In the 2017 reporting year, twelve repressive acoustic surveillance measures were carried out in accordance with paragraph 3. Acoustic and visual monitoring of living spaces as measures to avert danger in accordance with paragraph 4 were not carried out in the reporting year, nor were measures for self-protection in accordance with paragraph 5.

In the 2016 reporting year, six properties were monitored in accordance with paragraph 3. According to paragraphs 4 and 5, no monitoring has taken place.

In the 2015 reporting year, nine properties were monitored under Paragraph 3, one property under Paragraph 4 and none under Paragraph 5. In the 2014 reporting year, eight properties were monitored in accordance with paragraph 3. According to paragraphs 4 and 5, no monitoring has taken place. In the 2013 reporting year, eight properties were also monitored in accordance with paragraph 3 and there was also no monitoring in accordance with paragraphs 4 and 5. In the 2012 reporting year, nine properties were monitored in accordance with paragraph 3. According to paragraphs 4 and 5, no monitoring has taken place. In 2011 twelve objects according to paragraph 3 and two objects according to paragraph 4 were monitored.

See also

Web links

Individual evidence

  1. a b Tobias Kumpf: The control of the intelligence services of the federal government - On the reform of the control of the intelligence services and the control of the intelligence service observation of members of the Bundestag (=  constitutional law in research and practice . Volume 115 ). Dr. Kovač, Hamburg 2014, ISBN 978-3-8300-7873-9 , p. 160 ff.
  2. BVerfG, judgment of the First Senate - 1 BvR 2378/98 - Rn. 340. In: https://www.bundesverfassungsgericht.de/ . Federal Constitutional Court, March 3, 2004, accessed on January 7, 2019 .
  3. Heinrich Wolff: Art. 13 , Rn. 24. In: Dieter Hömig, Heinrich Wolff (Hrsg.): Basic Law for the Federal Republic of Germany: hand commentary . 11th edition. Nomos, Baden-Baden 2016, ISBN 978-3-8487-1441-4 .
  4. a b Printed matter 13/8650 (PDF; 524 kB)
  5. Principles on the judgment of the First Senate of March 3, 2004. Federal Constitutional Court , March 3, 2004, accessed on May 6, 2013 .
  6. Law of June 24, 2005 implementing the judgment of the Federal Constitutional Court of March 3, 2004 ( BGBl. 2005 I p. 1841 )
  7. a b c Information from the Federal Government - Report of the Federal Government according to Article 13 Paragraph 6 Clause 1 of the Basic Law for the year 2017. (PDF) Bundestag printed matter 19/4762. In: http://dipbt.bundestag.de/ . German Bundestag, October 4, 2018, accessed on January 6, 2019 .
  8. a b c Information from the Federal Government - Report of the Federal Government in accordance with Article 13 Paragraph 6 Clause 1 of the Basic Law for the year 2016. (PDF) Bundestag printed matter 18/13522. In: http://dipbt.bundestag.de/ . German Bundestag, September 7, 2017, accessed on January 6, 2019 .
  9. a b c d Information from the Federal Government - Report of the Federal Government in accordance with Article 13, Paragraph 6, Clause 1 of the Basic Law for the year 2015. (PDF) Bundestag printed matter 18/9660. In: http://dipbt.bundestag.de/ . German Bundestag, September 15, 2016, accessed on January 6, 2019 .
  10. a b c Information from the Federal Government - Report of the Federal Government in accordance with Article 13 Paragraph 6 Clause 1 of the Basic Law for the year 2014. (PDF) Bundestag printed matter 18/5900. In: http://dipbt.bundestag.de/ . German Bundestag, September 3, 2015, accessed on January 6, 2019 .
  11. a b c Information from the Federal Government - Report of the Federal Government in accordance with Article 13, Paragraph 6, Clause 1 of the Basic Law for the year 2013. (PDF) Bundestag printed matter 18/2495. In: http://dipbt.bundestag.de/ . German Bundestag, September 4, 2014, accessed on January 6, 2019 .
  12. a b c Information from the Federal Government - Report of the Federal Government in accordance with Article 13 Paragraph 6 Clause 1 of the Basic Law for the year 2012. (PDF) Bundestag printed matter 17/14835. In: http://dipbt.bundestag.de/ . German Bundestag, October 17, 2013, accessed on January 6, 2019 .
  13. a b Information from the Federal Government - Report of the Federal Government in accordance with Article 13 Paragraph 6 Clause 1 of the Basic Law for the year 2011. (PDF) Bundestag printed matter 17/10601. In: http://dipbt.bundestag.de/ . German Bundestag, September 5, 2012, accessed on January 6, 2019 .