Constitution-Protection Agencies : Germany

Safeguarding the democratic system is defined in the Basic Law as “protection of the constitution”. In order to be able to provide effective protection, the federal and state authorities collect information on extremist activities and on other developments which constitute a threat to national security and evaluate it for the federal and state governments, executive authorities and courts. Another important area is counterespionage. The federal authority charged with these tasks is the Federal Office for the Protection of the Constitution (BfV) in Cologne.

It is accountable to the Federal Ministry of the Interior and cooperates with the corresponding state agencies. This agency has no executive police powers, in other words, it may not arrest or interrogate anyone. A law enacted in 1990 defined the legal basis for its activities more precisely and ensured greater protection for the citizens’ rights of privacy.

The federal and state agencies for the protection of the constitution are under the supervision of the competent ministers, parliaments and data protection commissioners. Further control is exercised by the courts.