Transparency, control – criticism
Cabinet agrees on federal police law
December 20, 2023, 8:37 p.m
The old Federal Police Act dates back to 1994 and has only been adapted sporadically. Now the rules are being completely revised, which is intended to ensure more transparency. But there is criticism, from the Union, but also from the anti-discrimination commissioner.
A labeling requirement for federal police forces and the right to inspection receipts: With a legal reform, the traffic light coalition wants to ensure more transparency in federal police operations. The project was approved in the cabinet, now it is the Bundestag’s turn. The new version of the law is also intended to expand the powers of the federal police. Federal Interior Minister Nancy Faeser from the SPD spoke of “one of the most important security laws in our country”. The Union, however, expressed criticism.
Part of the law is a requirement for identification and identification: civil servants should have to identify themselves upon request and they should also wear a pseudonymous identification. This should lead to more transparency and proximity to citizens. Misconduct could then result in disciplinary or criminal charges. However, the labeling should not reveal the full name.
According to the draft law, anyone and everyone checked by the federal police will in future have the right to have a certificate of the search issued. This must contain the reason for the inspection. A spokesman for the Interior Ministry emphasized that the receipts were intended to prevent “any allegations of discriminatory police checks.”
Replacement for 1994 Act
Data collection and the use of informants and undercover investigators will also be newly regulated. In addition, the federal police will receive expanded powers – including for telephone surveillance and for the use and defense of drones. The draft law states that the authority should be “targetedly strengthened”.
The law is also intended to protect the federal police from infiltration by extremists. All applicants and employees of the authority should be able to undergo security checks in the future. Until now, this was only possible in certain cases.
The current Federal Police Act largely dates back to 1994 and has so far only been adjusted in individual provisions. This made a new version necessary. Faeser emphasized that the reform would bring the Federal Police Act up to date. “We are creating the best conditions to consistently address the current threat situations.”
The law would create a “modern and up-to-date legal basis for an attractive service in the federal police,” explained the domestic policy spokesman for the SPD parliamentary group, Sebastian Hartmann. The guiding principles are transparency and proximity to citizens as well as trust and reliability. The Social Democrats are therefore relying on “quick, results-oriented consultation in the Bundestag and an immediate decision.”
Criticism of the Union – and of Ataman
The Union expressed sharp criticism: the draft was “almost brimming with distrust of our police,” explained its domestic policy spokesman, Alexander Throm from the CDU. The traffic light coalition remains far behind what is necessary when it comes to technical skills. In addition, the powers to combat crime are “far from meeting the requirements of modern police work”.
The Federal Government’s Integration Commissioner, Reem Alabali-Radovan, however, welcomed the planned right to a control receipt: “This creates more transparency.” She also sees the ban on racial discrimination anchored in the new law as positive. “Racism must have no place in our midst and in the police,” she said. Everyone should be able to count on police protection at all times.
The federal anti-discrimination commissioner, Ferda Ataman, welcomed the reform in principle – but sees an “urgent need to catch up”. In important areas, the law is tailored solely to the needs and protection of the police. “Citizens’ right to non-discrimination is neglected.”
Ataman criticized the fact that inspections based on external appearance, independent of suspicion, should become legal if there is an unspecified “objective reason”. “Racial profiling is discrimination” and should be banned with the reform, demanded the commissioner. She does not consider the regulation on control receipts to be “consistently implemented”. Ataman complains that those checked do not automatically receive proof, but have to ask for it themselves.