Police Task Act (Bavaria)

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Basic data
Title: Law on the tasks and powers of the Bavarian State Police
Short title: Police Task Act
Previous title: Law on the tasks and powers of the police in Bavaria
Abbreviation: PAG
Type: State Law
Scope: Bavaria
Issued on the basis of: Art. 30 , Art. 70 GG
Legal matter: special administrative law , police and regulatory law
Original version from: October 16, 1954 (GVBl. P. 237)
Entry into force on: December 1, 1954
New announcement from: September 14, 1990 (GVBl. P. 397), BayRS 2012-1-1-I
Last revision from: August 24, 1978 (GVBl. P. 561)
Entry into force of the
new version on: 		October 1, 1978
Last change by: Section 1 G of December 10, 2019 (GVBl. P. 691)
Effective date of the
last change: 		January 1, 2020 (§ 3 G of December 10, 2019)
Weblink: Text of the law
Please note the note on the applicable legal version.

The Police Task Act (PAG), long title law on the tasks and powers of the Bavarian State Police , is a state law of the Free State of Bavaria that regulates the tasks and powers of the police in the field of hazard prevention. It was issued on October 16, 1954 and revised on August 24, 1978 under its current name. In 2017 and 2018 there were amendments to the law, which met with diverse protests and led to large-scale demonstrations.

history

The first supra-local regulations in the Holy Roman Empire were the Imperial Police Regulations of 1530, 1548 and 1577.

In the absolutist police state of the 17th and 18th centuries, Maximilian I , for example, was able to use his civil servants to issue binding orders to the entire area of ​​life of the subjects and to enforce them with coercive force. With the Enlightenment , the Prussian General Land Law (ALR) was created in 1794 , the territorial scope of which also extended to parts of what was then the Kingdom of Bavaria . It limited the scope of the police to security. In § 10 Title 17 Part II ALR it was stated: "The office of the police is to take the necessary steps to maintain public calm, security and order and to avert the danger that is imminent for the public or individual members of it".

With the Police Criminal Code of November 10, 1861, the police's powers to intervene were regulated by special law. In contrast, in the Prussian legal system, no law, but the Kreuzberg judgment of the Prussian Higher Administrative Court of June 14, 1882, limited the police powers to the area of ​​hazard prevention.

According to Art. 9 No. 2 of the Weimar Constitution , the protection of public order and security was the subject of Reich legislation. On the basis of this authorization, the Prussian Police Administration Act (PrPVG) was issued on June 1, 1931, which was significantly influenced not least by the case law of the Prussian Higher Administrative Court .

During the National Socialist era , the police forces of the federal states and municipalities were taken over by the Reich on April 1, 1935 (cf. Ordnungspolizei ), and since mid-1936 when Heinrich Himmler was appointed to the specially created office of "Reichsführer SS and Chief of the Germans Police “ideologically integrated into the NSDAP .

The military governments of the occupying powers restored state sovereignty over the police in Germany after the Second World War . 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 .

Systematics

Contents overview

Since its revision in 1978, the Police Task Act has been based on the model draft of a uniform police law , which has been modified in various ways .

It is divided into seven sections:

  1. General provisions on the concept of the police , their tasks, the principle of proportionality , the exercise of discretion and police duties , Art. 1–10 PAG
  2. Powers of the police, Art. 11–29 PAG ( general police clause and standard measures )
  3. Data processing, Art. 30-66 PAG (collection and processing of personal data for the purpose of security)
  4. Enforcement aid , Art. 67–69 PAG
  5. Compulsion , Art. 70–86 PAG
  6. Claims for compensation , reimbursement and compensation, Art. 87–90 PAG
  7. Final provisions, Art. 91–95

Police organization

Questions about police organization are not regulated in the Police Tasks Act , but in the Police Organization Act (POG). According to this, the police in Bavaria is organizationally divided into the state police with police headquarters and police inspections , which are active throughout the state for all tasks incumbent on the police, the riot police , which is deployed on special occasions on the instructions of the state ministry , the state criminal investigation office as the central office for criminal investigation Tasks and the police administration office .

In accordance with their Anglo-Saxon tradition (police protection of the citizens, less of the state), the British and American occupying powers sought to remunicipalise the police after the Second World War . The general principles of demilitarization, denazification, democratization and decentralization of Germany adopted at the Yalta and Potsdam conferences were also applied to the reorganization of the German police. The municipal police that initially existed in the American zone of occupation were , however, integrated into the state police for cost reasons.

Separation principle

Bavaria is one of those federal states that differentiate between police and security authorities . Municipalities, district offices , district governments and the State Ministry of the Interior, as security authorities, also have the task of maintaining public safety and order by averting dangers and by preventing and eliminating disturbances. However, their powers are specifically regulated in the State Penal and Ordinance Act (LStVG). The security authorities are not only authorized to issue individual orders , but also to issue safety regulations. One example is the so-called attack dog regulation.

Amendment 2017

History of origin

After the attack on a regional train near Würzburg , the explosives attack in Ansbach and the attack on the Berlin Christmas market in 2016, the Bavarian cabinet decided at its meeting on January 24, 2017 an "Emergency Internal Security Program".

Following a first draft law of February 21, 2017, an expert hearing on a revised draft of April 4, 2017 took place on May 17, 2017. This draft law was passed in the Bavarian state parliament on July 19, 2017 , with the rejection of an amendment by the Free Voters in the form of a CSU amendment, against the votes of Bündnis 90 / Die Grünen and with the abstention of the SPD and FWG parliamentary groups . He anticipated individual changes to the Police Tasks Act that had been planned for 2018. The Act on More Effective Surveillance of Dangerous Persons came into force on August 1, 2017.

Concept of impending danger

Bavaria was the first federal state to incorporate what the Federal Constitutional Court called "imminent danger" into the general clause under state police law. According to Art. 11 Para. 3 Clause 1 PAG new version, the police can take the necessary measures to clarify the facts and prevent the emergence of a danger for an important legal asset if the individual behavior of a person has the concrete probability justified or preparatory actions alone or together with other specific facts allow the conclusion of a type of concrete event, according to which attacks of considerable intensity or impact are to be expected in the foreseeable future (impending danger).

In the opinion of the Federal Constitutional Court, the legislature to avert the dangers of international terrorism is not limited from the outset to creating acts of interference for every type of task that correspond to the traditional security law model of defending against specific, imminent or present dangers. Rather, under certain conditions, he can also draw the boundaries for certain areas with the aim of criminal offense prevention by reducing the requirements for the predictability of the causal process. It is necessary, however, that the causal course leading to the damage cannot yet be foreseen with sufficient probability, but that certain facts already indicate an imminent danger to an extremely important legal asset in the individual case . This can be the case, for example, if a person from a training camp for terrorists abroad enters the Federal Republic of Germany.

Extension of individual powers

In addition to the introduction of electronic residence monitoring (Art. 32a PAG new version), source telecommunication monitoring (Art. 34a PAG new version) and residence orders and contact bans in addition to being sent away (Art. 16 (2) PAG new version), the main change in the law was the removal of the previous absolute maximum length of the fuse custody of 14 days. According to Art. 20 No. 3 PAG new version, people can be taken into police custody without limitation. A judicial review only has to be carried out every three months as to whether the conditions for detention according to Art. 17 PAG are still present. If necessary, the detention can be extended for a further three months.

In addition to atypical measures based on the general clause to clarify a situation and to prevent the emergence of a danger, various standard measures are already permitted to avert an impending danger to an important legal asset, for example

Significant legal interests are based on the case law of the Federal Constitutional Court in accordance with Art. 11 Para. 3 Clause 2 No. 1–5 PAG the existence or security of the federal government or a state, life, health or freedom, sexual self-determination, significant property positions or things the preservation of which is in the special public interest.

Constitutionality

Since September 15, 2017 before the Bavarian Constitutional Court against a variety under the Act amended provisions of the PAG a civil suit pending. This depends mainly on review of the concept of imminent danger and the indefinite detention assurance with regard to the constitutional principle of legality 1 of Art. 3, para. 1 sentence Bavarian Constitution . The Committee for Constitutional Affairs, Law and Parliamentary Issues has recommended that the Bavarian State Parliament participate in the process.

Amendment 2018

occasion

With the 2018 amendment, the so-called JI guideline for data protection in the areas of police and justice (guideline (EU) 2016/680), which contained an implementation deadline of May 25, 2018, was implemented in state police law and in the Bavarian data protection law, insofar as this contains additional provisions for police activity. In addition, the PAG was adapted to the case law of the Federal Constitutional Court in the BKAG ruling on the necessary judicial reservations and parliamentary control of the secret data collection. The danger category of imminent danger to significant legal interests was introduced in continuation of the Act on the More Effective Monitoring of Dangerous Persons , which came into force on August 1, 2017, also in further powers prescribed in the BKAG judgment.

The Söder cabinet also anchored a number of additional competencies for the Bavarian police in the bill. On May 15, 2018, the Bavarian State Parliament approved the amendment of the Police Tasks Act with the votes of the CSU majority with 89 to 67 votes (with 2 abstentions). The law on the reorganization of Bavarian police law (PAG Reorganization Act) came into force on May 25, 2018.

Individual regulations

  • The collection of personal data may be carried out to avert danger through the molecular genetic examination of trace material of unknown origin found for the purpose of determining the DNA identification pattern, gender, eye, hair and skin color, biological age and biogeographical origin of the person causing the trace, but not for Creation of a personality profile (Art. 32 Paragraph 1 Clause 2 to 4 PAG new version).
  • Art. 33 PAG new version enables open image and sound recordings of people at public events or gatherings as well as in other publicly accessible places such as accommodation for asylum seekers , places where people are engaged in prostitution and other places where actual evidence justifies the assumption that Administrative offenses of considerable importance or criminal offenses are committed there. The special authorization in Art. 9 BayVersG applies to public meetings and elevators . The use of body cameras (so-called body cams ) and dash cams for the police officers' own protection or for the protection of third parties is now regulated by law in Article 33 (4) sentence 1 PAG following a pilot project from 2016. A short-term recording is also permitted to secure evidence. According to the current planning status, the technical equipment of the Bavarian police with body cams is to begin in early 2019. Unmanned aviation systems ( drones ) may also be used to collect data (Art. 47 PAG new version).
  • The police can seize mail from postal service providers without the knowledge of the person concerned (Art. 35 para. 1 PAG new version). This state law regulation closes the federal law powers to confiscate mail in § 99, 100 StPO and § 50 BKAG . The measure is subject to the judge's reservation and is limited to a maximum of three months, but can be extended by a maximum of three months each time (Art. 35 para. 2 and para. 3 PAG new version).
  • The police may use undercover agents (VE) and V-persons (VP). If the operation is directed against a specific person or if an apartment that is not generally accessible is to be entered, the measures are subject to the judge's reservation (Art. 37 para. 2, 38 para. 2 PAG new version).
  • In addition to the State Office for the Protection of the Constitution , the police were also allowed to carry out online searches since August 1, 2008 (Art. 34d PAG old version). This power is extended in Art. 45 PAG new version to cases of imminent danger for an important legal asset named in Art. 11 Para. 3 PAG and for goods of the general public whose threat affects the basis of human existence. By referring to Art. 41 Para. 5 PAG, the newly created Central Data Inspection Office , which is organizationally affiliated with the Police Administration Office, is entrusted with the necessary checking of so-called core area data (Art. 13 POG). The covert data collection measures of the police according to Art. 35 to 46 PAG are subject to control by the Parliamentary Control Committee in accordance with Art. 52 PAG new version according to the Parliamentary Control Committee Act (PKGG).
  • In contrast to the use of machine guns, the use of explosives against persons is already permitted if these persons themselves clearly intend to use firearms, explosives or other similar dangerous means and the previous use of other weapons by the police is clearly futile or inadequate ( Art. 86 para. 1 sentence 2 PAG new version). Then z. B. Special forces use explosives to penetrate buildings where heavily armed terrorists are entrenched. This new regulation leads to a lowering of the intervention threshold for explosives and is also intended to cover so-called perversion cases, such as trucks directed against a crowd ( endangerment of road traffic according to § 315c StGB). The use of machine guns and explosives generally requires the consent of the State Police President as the head of the department of the State Ministry of the Interior responsible for police matters, for construction and transport or one of his specially appointed persons for this purpose (Art. 86 para. 2 PAG new version). In addition, the use of machine guns against a crowd is now also prohibited by law (Art. 86, Paragraph 3, Clause 1, No. 2 PAG new version).

Legal policy dispute

Proponents of the amendment see the state challenged by new threat situations and threat modalities, in particular by the new terrorist attack strategies, and justify the creation of new powers for the police and intelligence services with the state protection mandate from Article 99 of the Bavarian Constitution . According to this, the constitution serves the protection and the spiritual and physical well-being of all residents. Their protection against attacks is not least the task of the police.

The Bavarian Prime Minister Markus Söder said: “The whole goal is to prevent victims. It is purely a job for the protection of life. In this respect, it is a necessary law. ”In cases such as rampage, terrorist attacks or stalking, the police have too few opportunities to intervene. He announced that he would set up a commission to oversee the implementation of the law. The Bavarian Minister of the Interior, Joachim Herrmann, defends the law and has described the protests as a disinformation campaign and “cheap publicity” for the election year . He sees the innovations in police law as more security and a strengthening of civil rights and data protection. There has never been a corresponding law with "such extensive data protection regulations and constitutional guarantees".

The White Ring also endorses the law because it helps protect victims.

The amendment is controversial in police circles. The police union spoke out against the amendment to the law. According to its vice-chairman Jörg Radek, the law “can no longer be reconciled with a local police force”. It contains regulations "which do not serve to stabilize trust between the population and the police" and these are "more designed to sow mistrust in the state". On the other hand, the law meets with approval from the Niederbayern district council. The German Police Union, however, does not classify the law as far-reaching enough. In particular, she criticizes the withdrawal of the DNA evaluation as well as the facial recognition, which was also withdrawn during the legislative process.

The former Federal Data Protection Officer Peter Schaar expressed himself critically : “The Police Task Act disproportionately lowers the intervention threshold for the police.” [...] “As a result, intensive investigative measures - such as searching smartphones and tablet computers - are made possible without a judicial order. I do not consider this to be constitutionally acceptable. "

Police powers will be expanded if there is evidence of a drop in crime. In order to avert danger effectively, the police would need better staffing, and cross-border cooperation between the security authorities would also need to be improved.

Against individual provisions of the amendment, it is argued that the police will be given the powers of an intelligence service . Measures that were previously only allowed to the Office for the Protection of the Constitution could in future also be taken by the police. In this respect, it is feared that the separation between intelligence services and police is becoming increasingly blurred. Experts in the Bavarian state parliament also criticized that the law was incomprehensible. Heribert Prantl (SZ) wrote shortly before the planned passage of the law:

"The law, which will then apply nationwide as a model, harms legal security. The law is a violation of the prohibition of excess. It gives the police powers just as the secret service has until now. It gives her weapons like the military has. It gives her rights of intervention and access that only public prosecutors and judges may have in a constitutional state. The new police law turns the police into an almost everything authority. "

The legal scholars Carsten Momsen and Thilo Weichert object , among other things, that the prevention of danger is usually urgent. Fighting them requires quick, valid knowledge. The DNA phenotyping and the determination of the “biogeographical origin” are not suitable for this, because forensic science cannot provide any reliable probability statements. The general question is how a future (threatening) danger can be averted by phenotyping.

Demonstration "NoPAG" on May 10, 2018 in Munich

The former federal administrative judge Kurt Graulich considers the use of explosives to be disproportionate in the application of direct coercion , as the purpose of the preventive police use of weapons should only be to render them incapable of attack or escape. These concerns were raised in the 1960s against the use of explosives according to 14 UZwG brought forward by federal enforcement officers . The risk situation that arises for those affected and bystanders when using explosives, namely hand grenades, high explosive projectiles that can be fired from firearms and other explosive substances that are surrounded by a solid jacket before implementation (cf. the legal definition in Art. 78 para. 5 PAG), is not controllable because explosives cannot be used in a targeted manner to the same extent as firearms. The terrorist use of a truck could obviously be averted by other means.

An alliance called NoPAG , which was joined by the SPD , Bündnis 90 / Die Grünen , FDP , Die Linke , the “ Autonome Antifa Munich”, the Marxist-Leninist Party of Germany , the ver.di trade union , the Munich Environment Institute and other organizations, called on May 10, 2018 for a demonstration against the new PAG. 30,000 to 40,000 people took part in the event.

The former Federal Minister of the Interior Gerhart Baum announced a lawsuit.

Based on an opinion by the Scientific Services of the German Bundestag , members of the Bundestag from the FDP, Left and Greens announced an abstract review of norms before the Federal Constitutional Court in September 2018 .

Constitutionality

To the extent that Art. 39 in conjunction with Art. 13 Para. 1 No. 5 PAG regulates the automated license plate control to prevent or prevent the unauthorized crossing of the state border, this regulation was to the extent determined by the Federal Constitutional Court in the decision of December 18, 2018 not compatible with Article 2, Paragraph 1, Sentence 1 of the Basic Law and was only allowed to continue to be applied until the legislature was revised according to the reasons. The corresponding new regulation came into force on January 1, 2020

Following a lawsuit by the Greens , the Bavarian Constitutional Court found in August 2020 that Article 29 of the PAG (“Powers for tasks of border control and security of facilities”) was partially unconstitutional. The discussion about constitutional conformity is due, among other things, to the fact that no agreement according to Section 2 (3) of the Federal Police Act was reached with the Federal Minister of the Interior, because this would have meant that Bavaria would have had to completely replace the Federal Police at the border, which would have resulted in a permanent situation would have entailed considerable personnel and costs.

literature

Web links

Individual evidence

  1. ↑ The Bavarian Police Criminal Code of November 10, 1861 Bayerische Staatsbibliothek digital, accessed on June 10, 2018
  2. ^ Prussian Police Administration Act of June 1, 1931 as amended. of Act No. 1012 of November 13, 1974 (Official Journal p. 1011)
  3. ↑ Falko Jeuthe: Police and Regulatory Law Philipps-Universität Marburg, 2017, p. 2 ff.
  4. ↑ 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
  5. ↑ Georg Berner, Gerd Michael Köhler and Robert Käß: Police Task Act. Hand comment . Munich, Hüthig Jehle Rehm Publishing Group, 2010, 20th edition, 664 pages, ISBN 978-3-7825-0510-9 ( online )
  6. ↑ Law on the Organization of the Bavarian Police (Police Organization Act - POG) of August 10, 1976 (BayRS II p. 263) BayRS 2012-2-1-I
  7. ↑ Falko Jeuthe: Police and regulatory law Philipps University of Marburg, 2017, p. 10 (PDF)
  8. ↑ Law on state criminal law and ordinance law in the field of public safety and order (State Criminal Law and Ordinance Act - LStVG) in the version published on December 13, 1982 (BayRS II p. 241) BayRS 2011-2-I
  9. ↑ Michael Conrad, Günter Haslbeck: Public Safety and Order Bayerische Verwaltungsschule (BVS), August 1, 2009. 8 Ordinance on Security Law, pp. 52–62
  10. ↑ Ordinance on dogs with increased aggressiveness and danger from July 10, 1992 (GVBl. P. 268) BayRS 2011-2-7-I
  11. ^ Report from the cabinet meeting press release No. 20 of the Bavarian State Chancellery of January 24, 2017
  12. ↑ Draft law of the state government for the more effective surveillance of dangerous persons Bavarian State Parliament, Drs. 17/16299 of April 4, 2017 (PDF)
  13. ↑ Jan Dermietzel: Interior Committee: Hearing on the more effective surveillance of dangerous people May 17, 2017
  14. ↑ cf. For the 2nd reading in the Bavarian State Parliament, the plenary minutes 17/109, 109th meeting on July 19, 2017, p. 9769 ff. Link to download on the website of the Bavarian State Parliament, accessed on June 13, 2018
  15. ↑ Birgit Müller: The law for the more effective surveillance of dangerous persons and the resulting new powers of the Bavarian Police BayVBl. 2018, pp. 109–116
  16. ↑ Law for the more effective surveillance of dangerous persons · Bavaria proclamation platform. In: Verkuendung-bayern.de. Retrieved May 13, 2018 .
  17. ↑ BVerfG, judgment of April 20, 2016 - 1 BvR 966/09, 1 BvR 1140/09 para. 112 (on the BKAG in the version dated December 31, 2008)
  18. ↑ Alfred Rodorf: The "threatening danger" in police law ( memento of the original from June 14, 2018 in the Internet Archive ) Info: The archive link was inserted automatically and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. May 2018 @1@ 2Template: Webachiv / IABot / www.rodorf.de
  19. ^ Josef Franz Lindner : The new Bavarian police law: "Law for the more effective surveillance of dangerous persons" at a glance publicus.boorberg.de, edition 2017-08
  20. ↑ Kurt Graulich : Analysis of supreme court decisions on security law discussion of BVerfG, judgment of April 20, 2016 - 1 BvR 966/09, November 16, 2017
  21. ↑ Heribert Prantl : Dangerous Law: Bavaria introduces the infinity prison Süddeutsche Zeitung , July 20, 2017
  22. ↑ BVerfG, judgment of April 20, 2016 - 1 BvR 966/09, 1 BvR 1140/09 para. 100
  23. ^ Weak opposition in Bavaria - Polite criticism of the police law. In: Deutschlandfunk . Retrieved May 11, 2018 .
  24. ↑ Decision recommendation and report of the Committee on Constitution, Law and Parliamentary Issues Bavarian State Parliament, Drs. 17/18653 from October 19, 2017
  25. ↑ Simon Schwichtenberg: The "little sister" of the GDPR: The guideline for data processing in the police and judiciary . DuD 2016, pp. 605–609
  26. ↑ BVerfG, judgment of April 20, 2016 - Az. 1 BvR 966/09 and 1 BvR 1140/09
  27. ↑ bill the government for a law on the reorganization of the Bavarian police law (PAG Restructuring Act) Bavarian Parliament, printed matter 17/20425 ff of 30 January 2018 p. 40
  28. ↑ Synopsis of the Bavarian Police Task Act Version before August 1st, 2017 / Version from August 1st, 2017 / Version of the draft law January 2018 / Proposals for amendments by the CSU parliamentary group to the draft law in January 2018, website of the Society for Freedom Rights , as of May 2nd, 2018 (PDF)
  29. ↑ Despite strong protests: Bavarian state parliament passes controversial police task law Süddeutsche Zeitung , May 15, 2018
  30. ↑ Law on the reorganization of Bavarian police law (PAG Reorganization Act) of May 18, 2018, GVBl. P. 301
  31. ↑ Klaus Kohnen: StMI: 'Body-Cams' for more protection of police officers - Minister of the Interior Herrmann plans to introduce it across Bavaria after a successful pilot project (on body cams in the PAG Reorganization Act) Bavarian Legal and Administrative Report (BayRVR), February 28, 2018
  32. ↑ Claudia Kornmeier: Bavarian PAG on the use of drones: Incidentally, not armed LTO , May 30, 2018
  33. ↑ a b c From summer in Bavaria: The toughest police law since 1945. In: netzpolitik.org. Retrieved May 10, 2018 .
  34. ↑ Kurt Graulich : Draft for the Police Act: Bavaria in the slipstream of the Federal LTO , April 26, 2018
  35. ↑ cf. Bill to amend the Police Tasks Act , the Bavarian Constitutional Protection Act and the Bavarian Data Protection Act Bavarian State Parliament, Drs. 16/1271 of May 6, 2009
  36. ↑ Art. 13 POG Bayern.Recht, accessed on June 20, 2018
  37. ↑ cf. BVerfG, judgment of February 27, 2008 - BvR 370/07, 1 BvR 595/07
  38. ↑ Klaus Kohnen: The new regulation of the TKÜ in the PAG as an exemplary example of extensive amendment legislation Bavarian Legal and Administrative Report (BayRVR), December 19, 2017
  39. ↑ Act on the parliamentary control of the state government with regard to the activities of the State Office for the Protection of the Constitution as well as with regard to the measures according to Article 13 Paragraphs 3 to 5 of the Basic Law (Parliamentary Control Committee Act - PKGG) of November 8, 2010 (GVBl p. 722) BayRS 12 -4-I
  40. ↑ a b Interior Minister Herrmann on innovations in the Police Task Act. Bavarian State Portal, accessed on May 11, 2018 .
  41. ↑ Art. 99 of the Constitution of the Free State of Bavaria, Bayern.Recht, accessed on June 19, 2018
  42. ^ Josef Franz Lindner: The new Bavarian police law: "Law for the more effective surveillance of dangerous persons" at a glance publicus.boorberg.de, edition 2017-08
  43. ↑ Commission planned: Söder adheres to the Police Task Act ( Memento from June 20, 2018 in the Internet Archive ), br.de from May 12, 2018
  44. ↑ "The aim is to prevent victims" , Bayernkurier of May 14, 2018; Accessed May 16, 2018
  45. ↑ 30,000 protest against police law. In: n-tv.de. May 10, 2018, accessed May 13, 2018 .
  46. ↑ Interior Minister Herrmann on innovations in the Police Tasks Act. In: bayern.de. May 10, 2018, accessed May 13, 2018 .
  47. ↑ a b c Police unions, the new law does not go far enough ( Memento from July 10, 2018 in the Internet Archive ), Bayerischer Rundfunk online, May 16, 2018; Accessed May 20, 2018
  48. ↑ Bavaria: Police Union criticizes the Police Task Act , Spiegel Online from May 15, 2018; Accessed May 16, 2018
  49. ↑ Lisa Schnell: Landtag: CSU defused police task law after violent protests Süddeutsche Zeitung , April 26, 2018
  50. ↑ Daniel Wüstenberg: New law in Bavaria: "Not to be reconciled with the bourgeois police" - Police union is under storm Stern , May 16, 2018
  51. ^ Johann Osel: Police statistics: Crime falls in Bavaria to a 30-year low Süddeutsche Zeitung , March 28, 2018
  52. ↑ Union complains about overload: "Police officers are missing at all ends" tagesschau.de , April 7, 2018
  53. ↑ Jörg Diehl, Ansgar Siemens: Police laws in Germany: Everyone for himself Der Spiegel , May 15, 2018
  54. ↑ sueddeutsche.de May 14, 2018: Bavaria turns the police into an almost-everything authority ( comment
  55. ↑ Carsten Momsen, Thilo Weichert: Bavaria: DNA analysis in the new police law is full of legal questions and risks Focus , May 14, 2018
  56. ↑ cf. Wacke, JZ 1962, pp. 137 ff., 199 ff .; Ule, DVBl 1962, p.353; Baumann, DVBl. 1962, p. 806 ff .; Arndt, DVBl. 1965, p. 189 ff.
  57. ↑ Kurt Graulich : Draft for the Police Act: Bavaria in the slipstream of the Federal LTO , April 26, 2018
  58. ↑ member organizations. In: nopagby.de. Retrieved May 13, 2018 .
  59. ↑ a b Pia Ratzesberger: "But that's so blatant, everyone has to do something". In: sueddeutsche.de. May 10, 2018, accessed May 13, 2018 .
  60. ↑ a b Martin Lutz: Hand grenades for internal security. In: WeltN24. May 11, 2018, accessed May 13, 2018 .
  61. ↑ Ex-Interior Minister on the planned Police Task Act in Bavaria: Stopping unprecedented security armament , Deutschlandfunk, May 11, 2018; Accessed May 16, 2018
  62. ↑ Expansion of police powers in Germany and Europe Elaboration of the Scientific Services of the German Bundestag, July 27, 2018
  63. ↑ Florian Naumann: Bavarian Police Law under fire: FDP politicians file constitutional complaint against Bavarian Police Law Munich Merkur , August 17, 2018
  64. ^ FDP, Left and Greens bring Bavaria's PAG to the BVerfG: "An alliance for the rule of law" LTO , September 10, 2018
  65. ↑ BVerfG, decision of December 18, 2018 - 1 BvR 142/15
  66. ↑ Wolfgang Janisch: License plate comparison: Against the excessive infrastructure of surveillance Süddeutsche Zeitung , February 5, 2019
  67. ↑ | Act amending the provisions on automated license plate recognition systems (AKE Amendment Act) of 10 December 2019 (PDF)
  68. ↑ DER SPIEGEL: Judgment at the Constitutional Court: Bavarian border police violate the constitution in parts - DER SPIEGEL - Panorama. Retrieved August 28, 2020 .
  69. ^ PAG: Art. 29 Powers for tasks of border control and security of facilities - Citizen Service. Retrieved August 28, 2020 .
  70. ↑ Press release of the Bavarian Constitutional Court on the decision
  71. ↑ § 2 Law on the Federal Police. Retrieved August 29, 2020 .