defense of Constitution

The term protection of the constitution broadly describes all measures to consolidate and defend the constitution against insurrections and revolutions as well as other anti- constitutional attacks and disturbances endangering the constitution. It consists of repressive defense measures against imminent or already started anti-constitutional activities, on the other hand of preventive measures against future anti-constitutional attacks. Under the protection of the constitution in the narrower sense, one understands measures to research anti-constitutional efforts. Protection of the Constitution is an element of well- fortified democracy . The collective and umbrella term is state security . In Germany , the Federal Office for the Protection of the Constitution (BfV), the Military Shield Service (MAD) and the State Authorities for the Protection of the Constitution (LfV) exist as domestic intelligence services .

In Austria the term is used in the administrative sense, in the Switzerland 's State Security interchangeably.

Germany

Legal bases

In Germany, protection of the constitution is the protection of the free democratic basic order , the existence and security of the federal government or a state in accordance with Article 73 No. 10 b) of the Basic Law . According to the latest case law in the 2017 NPD judgment of the Federal Constitutional Court (BVerfG), these are human dignity , the principle of democracy and the rule of law . A further legal definition is contained in Section 4 (2) of the Federal Constitutional Protection Act (BVerfSchG), which is based on the prohibition ruling by the Socialist Reich Party of the BVerfG. A corresponding list can also be found, with the exception of the last number, in Section 92 (2) StGB for political criminal law .

Constitutional Protection Authorities

Constitutional protection authorities in the narrower sense are:

Federal Office for the Protection of the Constitution (BfV),

Federal Office for the Military Counter-Intelligence Service (BAMAD) with subordinate agencies (together, Military Counter- Intelligence Service , MAD) as constitutional protection authority for the division of the Federal Ministry of Defense (BMVg)

16 state authorities for the protection of the constitution (LfV) (intelligence services for the protection of the constitution) of the federal states

Constitutional protection authorities in the broader sense are:

other federal or state authorities that protect the free democratic basic order (e.g. through a ban on associations by the Federal Minister of the Interior, for Building and Home Affairs or the respective state interior minister or through a party ban by the Federal Constitutional Court).

The Federal Agency for Civic Education and the corresponding regional centers contribute to the "preventive protection of the constitution" by promoting understanding of political issues through political education , consolidating democratic awareness and strengthening the willingness to participate in politics.

tasks

According to § 3 i. V. m. Section 4 of the BVerfSchG is the task of the constitutional authorities in collecting and evaluating information about efforts against the free democratic basic order (in particular human dignity, democracy, rule of law), the existence (abolition of freedom from foreign rule, abolition of state unity, separation of territories) or the security (significant functional impairment) of the federal government or a state, security-endangering or secret service activities, efforts that endanger Germany's foreign interests or that are directed against international understanding or the peaceful coexistence of peoples. They also contribute to personal and material security .

The constitutional protection authorities carry out the preliminary investigation. The political level then decides on follow-up measures such as a ban on associations under Section 3 of the Association Act or a ban on parties under Article 21, Paragraph 2 of the Basic Law in conjunction with Art . V. m. § 13 number 2 and §§ 43 ff. Federal Constitutional Court Act . In addition to the traditional work for the protection of the constitution, the constitutional protection authorities work closely with the police, albeit strictly separately, to counter espionage and to fight domestic and international terrorism .

Austria

In Austria there are the following administrative protection of the constitution :

the Federal Office for the Protection of the Constitution and the Fight against Terrorism (BVT) and

the nine state offices for the protection of the constitution and the fight against terrorism (LVT) in the federal states.

Switzerland

literature

Germany

Cornelia Kerth, Martin Kutscha (eds.): What does the protection of the constitution actually mean here? A secret service and its practice , Papyrossa, Cologne, 2020, ISBN 978-3-89438-729-7 .
Thomas Grumke , Rudolf van Hüllen , 2016: The protection of the constitution. Basics, present, perspectives . Barbara Budrich Verlag, Opladen, ISBN 978-3-8474-0694-5
Claus Leggewie , Horst Meier , 2012: After the protection of the constitution. Plea for a new security architecture for the Berlin republic . Archive of the youth cultures publishing house, Berlin
Horst Meier: What is the protection of the Constitution for? In: Merkur 777 (February 2014), pp. 97-109
Reinhard Scholzen:, 2002: Guardian of the constitution or floppy hats? The work of the Federal Office for the Protection of the Constitution in the field of tension between increasing tasks and decreasing resources. In: The police . 3, pp. 70-75
Florian Weber, 2005: Protection of the Constitution as a democracy care? On the theory of a constitutional guard in Fichte, Sieyès and Constant. In: The State . 44, pp. 112-137