Aviation security
The term aviation security in the field of civil aviation refers to the defense against external threats. External dangers include, in particular, aircraft hijackings , acts of sabotage and other attacks or interventions motivated by terrorism. Aviation security is to be distinguished from flight security (technical and operational traffic safety) and air traffic control . The latter is used for safe traffic control in the airspace (special police function). In English usage, the distinction is easier: In aviation security stands for aviation safety , while flight safety refers to operational and technical dangers .
In Germany, aviation security measures are regulated by federal law. Corresponding paragraphs existed in the Aviation Act (LuftVG) until the beginning of January 2005 . On January 15, 2005, a more specific Aviation Security Act (LuftSiG) applies.
The preventive core tasks can be summarized in five points:
- Section 5 of the Aviation Security Act (formerly Section 29 c of the Aviation Act) defines the tasks and competencies of the aviation security authorities , including the search of passengers and baggage
- Section 7 of the Aviation Security Act (formerly Section 29 d LuftVG) regulates the background check that every person who wants to actively participate in air traffic and also everyone who wants to move around security-relevant airport areas must undergo. The background check has to be repeated every 5 years since January 1, 2009 at the expense of the applicant.
- Section 8 LuftSiG (formerly Section 19 b LuftVG) regulates theairport operators' own security obligations (colloquially: airport security )
- Section 9 of the Aviation Security Act (formerly Section 20 a of the Aviation Act) regulates the airlines' own safety obligations
- § 12 LuftSiG transmits the pilot safety responsibility ( board violence )
In a further section, the Aviation Security Act regulates the deployment of the Air Force . This part is particularly controversial.
Legal history
In the legislative process, the federal states called on the mediation committee. On September 24, 2004, the Bundestag overruled the Bundesrat's objection. In dispute was u. a. the procedure of the federal government to "downgrade" the draft law from an approval law to an objection law, thus effectively removing the "right of veto" from the states. The Federal President examined the new law for an unusually long time (two months), signed it in mid-January 2005, but at the same time recommended a constitutional complaint. He pointed out two critical points that had also displeased some countries, namely the legitimation of the shooting down of aircraft and the use of the Bundeswehr without a change in the constitution. In the preventive core tasks mentioned above, however, the Aviation Security Act does not bring any far-reaching innovations.
On February 15, 2006, the Federal Constitutional Court declared parts of the Aviation Security Act to be unconstitutional. The controversial launch permit for hijacked passenger planes was discarded, since offsetting life against life is not compatible with the Basic Law. Even airplanes, in which there are certainly only terrorists and which are used as weapons, may only be shot down after the Bundeswehr has changed the Basic Law, since the use of the Bundeswehr inside is not permitted.
The § 7 Aviation Security Act, which calls for a periodic background check, particularly for private pilots had not complained and was accordingly not changed. Some air sportsmen fight against this paragraph because they see their constitutional rights being impaired.
Another legislative competence in matters of aviation security lies with the European Union . An EU regulation applies immediately, i.e. even without ratification by the national parliament. So the EU has the final say on aviation security.
