Standard Action
In German police law, standard measures or standard powers are understood to be the legal bases for interventions in areas that are particularly sensitive to fundamental rights for the purpose of averting danger, which are regulated in the police laws of the federal states and which are special compared to the general police clause .
Constitutional Legal background of standard measures is the constitutional principle of certainty . Although the cases covered by the special authorizations are already covered by the general clause, the prerequisites for intervention are more precisely defined for the standard measures. If the scope of application of a standard measure is opened for an intervention, this is only permissible under the conditions provided for it. If these are not met in individual cases, the general clause may not be used.
Important standard measures are:
- Data collection at public events, on endangered objects or in public transport facilities
- Conducting investigations , interviews
- Searching people, things or homes
- Identification service treatment
- Identity verification
- Detention
- Referral
- Police observation
- Assurance
- Subpoena
According to the prevailing opinion today, standard measures are administrative acts . The regulation here lies in the order vis-à-vis the person concerned to tolerate the police measure or to take a certain action himself (expulsion from the place). This also applies if the standard measure, in addition to the tolerance element, also has an actual police enforcement act as its object (e.g. search: the person concerned must allow the police to search his home). For procedural reasons, the relevant standard measure is treated by the legislator as a uniform measure: The actual regulation is the imposition of the obligation to tolerate, while the implementation is only assessed as an annex that is dependent on the regulation.
literature
- Wolf-Rüdiger Schenke: Police and regulatory law , 7th edition 2011 (CF Müller). ISBN 978-3-8114-9819-8
