Security Authority (Bavaria)
In Bavaria , security authorities are authorities that are responsible for the general defense against dangers to public safety and order and for the prevention and elimination of disruptions. They are therefore authorities and organizations with security tasks . The legal basis is the State Penal and Ordinance Act (LStVG). The Bavarian security authorities are comparable to the regulatory authorities or the administrative police in other countries .
Establishment of the security authorities
Security authorities are ascending: the municipalities , the district office , the governments and the State Ministry of the Interior . The independent municipalities take the place of the district office, so that the ranking of the security authority there is: independent municipality, government, State Ministry of the Interior. Also administrative communities may be in Bavaria security authorities, if any are formed.
It is noteworthy that the municipality as an independent regional authority, the district office, the governments and the State Ministry of the Interior act as state authorities; the district administration is in this respect the district administrative authority.
| Security agencies | Local matters | Supra-local matters | |
|---|---|---|---|
| Own sphere of activity | Transferred sphere of activity | State area of responsibility | |
| Regional authorities (indirect state administration) |
State authorities (direct state administration) |
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| State Ministry of the Interior | |||
| Governments | |||
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District offices (as district administrative authorities) |
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Administrative communities (through purpose agreement) |
Administrative communities (if existing) |
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| Communities | Communities | ||
Powers of the security authorities
The security authorities have two different forms of action. On the one hand, they can make security-related dispositions and orders for individual cases. Here the security authorities act according to their due discretion. On the other hand, they have the competence to issue general safety regulations in the form of legal regulations.
The higher security authority is authorized to issue instructions to the security authorities subordinate to them or to take their place (self-intervention) with regard to dispositions for the purpose of averting dangers to public safety and order and for the purpose of preventing and eliminating disruptions. If a municipality acts as a security authority by decree or order, a distinction must be made as to whether these are matters of the local community or have a supra-local character in the specific case. If the measure is limited to the local community, the state security authority of the municipality, as the security authority, can no longer issue any substantive instructions; the community acts at its own discretion. The independent municipalities also perform the tasks of the district office as a security authority on behalf of the state.
Security ordinances from municipalities or district offices are always tasks on behalf of the state. The higher security authority in each case should only issue ordinances if a uniform regulation for its area of responsibility is necessary and appropriate. If a regulation of a higher security authority conflicts with a regulation of a lower security authority, the latter is overridden.
If an administrative community is a security authority, it can only issue orders and orders for tasks with a supra-local character on behalf of the state. The member communities of an administrative community can also be assigned the right to issue safety regulations by means of a purpose agreement. It can also be authorized by a purpose agreement to issue safety-related dispositions and orders with a local character.
Orders and orders from the security authorities
The security authorities can ( Art. 7 Abs. 2 LStVG):
- Avoid dangers and eliminate disturbances that threaten or injure life, health or freedom or property, the preservation of which appears necessary in the public interest.
A danger exists if facts (situation or behavior of a person) give cause for concern with the unimpeded course of the objectively expected event with sufficient probability that damage (disruption, impairment) will occur.
The security authorities can also:
- prevent or prevent unlawful acts that lead to criminal offenses or administrative offenses or are unconstitutional by decree and
- eliminate the conditions created by such actions.
Orders to prevent or prevent criminal offenses and administrative offenses that do not originate from armed statutes are always supra-local. The person who committed the act or caused the condition is responsible regardless of his fault ( endangering person ). Because security authorities have to ward off the danger of disruptions or criminal offenses, regulatory offenses and unconstitutional efforts, the person who has committed an act or has caused a situation is itself the person who, according to the prognosis of an average civil servant, leads to a disturbance or criminal offense or administrative offense , but actually did not result. In short: a person who is not a nuisance is also responsible to the security authorities. Measures against such a prima facie danger are legitimate. Decrees restricting freedom of the security authorities that are used for the purpose of these goals must be suitable, necessary and reasonable for the person concerned. An order from a security authority is suitable if there is a presumed connection between the state that is established by the order and the state in which the objective aimed at by the order is to be regarded as achieved.
A disposition is necessary if no condition is conceivable that the security authority could establish by disposition without great effort, which is less burdensome for those affected by the disposition and also with the condition in which the objective of the disposition is to be regarded as realized would be in a suspected connection. The suspected connections must be based on empirical connections, whereby it should be noted that the security authorities have an assessment prerogative here in order not to reduce the effectiveness of the hazard prevention. A decree is reasonable if the impairment for the person concerned is not disproportionate to the value of the goal pursued in the specific case.
Safety regulations
There is no general general clause for the enactment of safety regulations. The authorization to intervene follow the principle of the special authorization . In these authorization bases, the LStVG precisely defines the content, purpose and extent of the authorized standard (specificity). Safety authorities can protect health and cleanliness (e.g. pigeon regulations, safety regulations for the protection of cleanliness in a commercial establishment), with regard to amusement, to protect fields and corridors and other special cases of public safety and order (e.g. fighting dog regulations) Issue ordinances.
Relationship between the security authorities and other authorities
In addition to the security authorities, the Bavarian police are also responsible for averting dangers to public safety and order. If a security authority makes an order that contradicts a police authority, the order of the security authority is decisive. If a security authority makes an order, the orders of the police are blocked. In principle, the security authorities are active. The police are only responsible if the security authorities are unable to intervene or not in time ( urgent responsibility ). The security authorities can issue instructions to the police authorities in all areas of the police's area of responsibility, d. H. even for areas for which the security authorities are not authorized to act.
