Sample draft of a uniform police law

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The draft of a uniformly regulated police law in all federal states , which was first adopted by the Standing Conference of Interior Ministers and Senators of the Federation and the Länder on November 25, 1977 , is referred to as the model draft of a uniform police law ( MEPolG ), also known as the model police law . It served as the basis for corresponding legislative initiatives in the state parliaments .

Historical development

Art. 9 para. 2 of the Weimar Constitution of 1919 allowed the Reich to “enforce” the police system under state law, ie to regulate it by means of Reich law, if there was a need for uniform regulation. However, this was only used under the Nazi regime , so that the police, insofar as they took preventive action, initially remained a matter for the federal states. On April 1, 1935, the state police units were then taken over by the Reich and, from mid-1936, when Heinrich Himmler was appointed to the specially created office of “Reichsführer SS and Chief of the German Police”, ideologically integrated into the NSDAP . After the Second World War , the Allied occupying powers restored sovereignty over the police. Legislative and administrative competence for general police and regulatory law falls under Article 30 and Article 70 of the Basic Law of 1949 solely within the competence of the federal states.

Between 1950 and 1970, police laws were enacted in the individual federal states, which were mostly based on the Prussian Police Administration Act and contained the classic elements of the rule of law police law such as general authorization, responsibility for troublemakers , the principle of proportionality and specific compensation for police measures. Some Länder stuck to the Prussian standard model of security only by the police, while others implemented an institutional separation between police and regulatory authorities .

Due to the organizational and material deviations of the individual police laws and caused by the student demonstrations and citizen protests that began at the end of the 1960s , the incipient terrorism of the RAF and the increase in crime in today's manifestations of organized crime , the IMK decided in 1974 to standardize the police laws. This led to a meeting under the leadership of the police law specialist Henning Tegtmeyer , Working Group II "Internal Security" of the Standing Conference of the Interior Ministers of the federal states and the "Model Draft of a Uniform Police Act of the Federal and State Governments" adopted in June 1976, based on an "alternative draft" of the Restrictions on the authority to establish identity and the use of firearms, was decided in November 1977 in a revised version and implemented in state law.

After the census ruling of the Federal Constitutional Court in 1983 and the development of the right to informational self-determination, the IMK presented a preliminary draft to amend the MEPolG (VE MEPolG) on March 12, 1986, in which the collection and processing of data are based on a clear legal basis should. These changes were also largely implemented in the federal states.

The MEPolG was also an orientation aid for the police law of the new federal states , since the German People's Police continued to operate as a unified state police under the GDR Interior Ministry from 1949 . The police law adopted by the People's Chamber on September 13, 1990 based on the western model was replaced by state police laws from 1991.

content

The draft model is not a valid law, but a legal-political planning instrument of the IMK for a harmonization of the state police powers.

It is divided into six sections:

  1. Responsibilities, duties of the police and police duties , §§ 1–7
  2. the general ( police general clause ) and special powers ( standard measures ) of the police, §§ 8–24
  3. Regulations on the enforcement aid , §§ 25–27
  4. the police administrative compulsory procedure
  5. the secondary level under police law on compensation for damages in the event of claims made by those subject to an emergency and in the case of illegal measures, Sections 45–51
  6. Final provisions.

Discussion of legal policy

In June 2017, at its 206th meeting, the IMK commissioned AK II to set up a working group open to all countries with the participation of the Federal Ministry of the Interior in order to develop a model police law . The draft is intended to develop recommendations for action in connection with Islamist terror such as the Anis Amri case, in particular in the case of cross-state operations, which shows a parallel to the drafts of the 1970s that arose due to the threat posed by the RAF .

The coalition agreement for the 19th legislative period provides for the implementation of this resolution to develop a joint model police law. One does not want zones of different security in Germany.

In Kurt Graulich's opinion, the BKAG already has this new “model draft for a uniform police law” in the version of the law on the restructuring of the Federal Criminal Police Office Act of June 1, 2017.

It is controversial whether the Bavarian Police Task Act in the version of the Act on the Reorganization of Bavarian Police Law (PAG Reorganization Act) of May 18, 2018, according to an opinion by the Scientific Services of the German Bundestag , is suitable as a national model.

literature

  • Gerd Heise, Reinhard Riegel : Sample draft of a uniform police law with reasons and comments, 148 pp., 2nd edition, Stuttgart, Boorberg, 1978, ISBN 3415006891
  • Henning Tegtmeyer: Amendment of the Police Acts - reproduction of a presentation given in the seminar of the Police Leadership Academy "Judgment on the Census Act and Consequences for Police Practice", in: Series of publications of the Police Leadership Academy Münster-Hiltrup, 1986, pp. 1-16
  • Franz-Ludwig Knemeyer: Police and regulatory law , 10th edition, Munich 2007, Verlag CH Beck, ISBN 978-3-406-52634-3
  • Wolf-Rüdiger Schenke, Ralf P. Schenke, in: Steiner (ed.), Police and Ordinance Law , 6th edition, 2009, Verlag CF Müller, ISBN 978-3-8114-9741-2
  • Falco Werkentin , Albrecht Funk: “The draft for a uniform police law - a model for an executive understanding of the rule of law” KJ 1976, p. 407ff. ( PDF )

Web links

Individual evidence

  1. ↑ The "Third Reich" in the interwar period and world war ( Memento of the original from November 14, 2018 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. Website of the German Police University , accessed on June 4, 2018 @1@ 2Template: Webachiv / IABot / www.dhpol.de
  2. ^ Prussian Police Administration Act of June 1, 1931 as amended. of Act No. 1012 of November 13, 1974 (Official Journal p. 1011)
  3. ↑ Die Polizei 1976, Volume 3 (Appendix), p. II
  4. ↑ Falko Jeuthe: Police and regulatory law Philipps University of Marburg, 2017, p. 8 ff. (PDF)
  5. ↑ Michael Kniesel , Jürgen Vahle: VE ME PolG: sample draft of a uniform police law in the version of the preliminary draft to amend the ME PolG. Fundamentals of Criminology, Volume 36, Heidelberg 1990. ISBN 3783213894
  6. ↑ Law on the tasks and powers of the police of September 13, 1990. verfassungen.de, accessed on June 4, 2018
  7. ↑ The legal sources in the police law website of the Association for Citizen-Friendly Transport Policy, accessed on June 5, 2018
  8. ↑ Draft police law rechtslexikon.net, accessed on June 4, 2018
  9. ↑ Standing Conference of Interior Ministers and Senators of the Länder: Collection of the resolutions approved for publication of the 206th meeting of the Standing Conference of Interior Ministers and Senators of the Länder . Berlin June 16, 2017, p. 43 ( Innenministerkonferenz.de [PDF]).
  10. ↑ Jörg Diehl, Ansgar Siemens: Police laws in Germany: Everyone for himself Der Spiegel , May 15, 2018
  11. ↑ Antonio Esposito : Model Police Act: Uniformity Against Terrorism? In: Journal for Legal Policy . 2017, p. 129 .
  12. ↑ A new departure for Europe. A new dynamic for Germany. A new cohesion for our country. Coalition agreement between CDU, CSU and SPD of March 12, 2018, p. 126, line 5922 ff.
  13. ↑ Kurt Graulich: Tasks and powers of the Federal Criminal Police Office in the digital legal area - The law for the redesign of the BKAG in 2017 Kriminalpolitische Zeitschrift (KriPoZ), September 12, 2017. PDF version
  14. ↑ GVBl. P. 301
  15. ↑ Expansion of police powers in Germany and Europe Elaboration of the Scientific Services of the German Bundestag, July 27, 2018
  16. ↑ Frida Thurm: Model Police Act: According to the Federal Ministry of the Interior, Bavaria’s police law is not a model Die Zeit , August 9, 2018