Anti-Terrorism Act

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Basic data
Title: Law to Combat International Terrorism
Short title: Anti-Terrorism Act
Abbreviation: TerrorBekämpfG
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Constitutional law , state security , administrative law
References : 12-4 / 1
Issued on: January 9, 2002
( BGBl. I p. 361 ,
ber.BGBl . 2002 I p. 3142 )
Entry into force on: January 1, 2002
Last change by: Art. 2 G of 5 January 2007
( Federal Law Gazette I p. 2, 4 )
Effective date of the
last change:
January 11, 2007
(Art. 13 para. 1 G of January 11, 2007)
GESTA : B027
Please note the note on the applicable legal version.

The Anti- Terrorism Act is an anti-terror law which, as a German federal law, contains provisions for combating terrorism with internal and external effects.

It was created after the terrorist attacks on September 11, 2001 as part of an anti-terror package and contains numerous changes to other federal laws. The law is an article law that made several changes to various homeland security laws . In particular, the powers of the secret services were expanded, the basic right to postal and telecommunications secrecy was further restricted, the requirements for the introduction of identity documents with biometric features and the provisions of the law on foreigners were tightened. The evaluation required in Article 22 (3) was submitted to the Bundestag's Interior Committee on time (Doc.-No .: 15 (4) 218).

content

The Federal Constitutional Protection Act is expanded / changed so that the Federal Office for the Protection of the Constitution (BfV) :

  • obtain information about account and transfer data, mail, information on air traffic, all information on the use of telecommunications services and locate cell phones;
  • the so-called G-10 Commission has to inform about the appropriate course of action (through its president or his deputy), unless there is an imminent danger;
  • may store corresponding data for up to 10 or 15 years and, if the head of the authority decides, longer

Time limit

The changes made by the law were originally limited to January 10, 2007 by Article 22 of the law. The time limit was repealed on January 11, 2007 by Art. 2 of the Anti-Terrorism Amendment Act and its Art. 10 was extended to January 10, 2012 and then to January 10, 2021. The regulations must be re-evaluated by January 10, 2021 ( Art. 5 of the law on extending the time limit for regulations under the anti-terrorism laws ). The current evaluation rule replaces the corresponding articles of the previous legislation mentioned.

See also

literature

  • Stephan Büsching: Rule of Law and Terrorism. Investigation of the security policy reactions of the USA, Germany and Great Britain to international terrorism. Peter Lang, Frankfurt am Main 2010, ISBN 978-3-631-59657-9 .
  • G.-J. Glaessner: Security in Freedom - The Protective Function of the Democratic State and the Freedom of Citizens. Leske + Budrich, Opladen 2003, ISBN 3-8100-3889-X .
  • O. Lepsius: Security and Terror: The Legal Situation in Germany. In: Leviathan . Volume 32, 2004, pp. 64-88.
  • W. Schwetzel: Freedom, Security, Terror - The relationship between freedom and security after September 11, 2001 on the constitutional and simple legal level. (= Studies on public law and administrative theory. Volume 75). Vahlen, Munich 2006, ISBN 3-8006-3375-2 .

Web links

Individual evidence

  1. ↑ Entry into force of Article 10, first postponement of Article 13
  2. ↑ Entry into force of Article 10, second postponement of Article 13