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.

The Federal Criminal Police Office : Germany

The Federal Criminal Police Office (BKA), which is based in Wiesbaden with a main department near Bonn, is the focal point of cooperation between the federal and state law enforcement agencies. It becomes involved when criminals operate across state boundaries or internationally. The Federal Criminal Police Office collects and evaluates information and other data to aid the criminal police in combating crime; it is the main body for crimino-logical research and serves as the national center for Interpol, the international criminal police organization.

The Federal Criminal Police Office itself handles certain serious crimes such as international drug trafficking, gun-running and terrorist activities. Its security unit in Bonn protects the members of Germany’s constitutional bodies and their foreign guests of state.The Federal Criminal Police Office with its staff of about 4,800 comes under the authority of the Federal Ministry of the Interior.

The Federal Border Guard - a National Police Force : Germany

The Federal Border Guard (BGS) is a federal police force which is under the authority of the Federal Ministry of the Interior and has special police functions. It is responsible for police surveillance of Germany’s borders and police control of transfrontier traffic, which includes border searches for fugitives and criminals. A particularly important duty of the Federal Border Guard is combating transfrontier - in some cases organized - crime. In addition to the prevention of illegal immigration, this includes the fight against alien smuggling and drug trafficking. In 1992 the scope of the Federal Border Guard’s duties was broadened to encompass the functions of the railway police as well as air traffic security at most of Germany’s larger airports.

The Federal Border Guard also has many other duties, including protection of Germany’s constitutional bodies (such as the Office of the Federal President and the Federal Constitutional Court in Karlsruhe) and the federal ministries, exercise of police functions on the North Sea and the Baltic Sea, and involvement in police activities abroad under the responsibility of the United Nations, the European Union, the Western European Union and other international organizations.

The police units of the Federal Border Guard are available as an intervention force to assist the police forces of the federal states when large forces must be on duty, for instance during state visits or public demonstrations. The Federal Border Guard is also called in during natural disasters and major accidents. The border police duties of the Federal Border Guard are playing an increasingly important role, especially in light of the Convention Applying the Schengen Agreement that entered into force on 26 March 1995, which provides for stringent checks at the external borders of the European Union. The Federal Border Guard presently has about 30,000 law enforcement officers (not including trainees) and about 6,700 administrative staff.

Internal Security : Germany

The maintenance of public security and order is one of the most important tasks of government. In the Federal Republic of Germany it is carried out by institutions of the states and the Federation. The police are for the most part under the jurisdiction of the states. Only in certain fields does the Basic Law assign responsibility to the Federation.

The police in the federal states.

The jurisdiction of the states for the police encompasses all organizational and personnel matters pertaining to their state police forces. The branches of the police forces include the general police forces, the criminal police, the alert forces and the river police. The general police forces are essentially responsible for ensuring public security and order. Their duties range from warding off dangers to prosecuting crime. Most citizens, however, are familiar with the general police forces in their function as traffic police.

More Flexible Working Hours : Germany

Introduction of more flexible working hours is essential in order to optimally organize public administration and ensure efficient and responsible execution of its tasks. Working hours must be structured in a manner that will meet both the functional requirements of the public service and the needs of its employees. The Federal Government has therefore always attached particular importance to the encouragement of part-time employment in the public service. Part-time employment affords new options for better reconciling the demands of family and working life. It can, however, create new employment opportunities as well. With about 21.2 percent part-time employees (federal, state and local authorities as of 1996), the public service is setting an example for private industry in this regard.

Under the 1997 Act to Amend the Public Service Law, part-time employment for professional civil servants has been regulated as follows: Any professional civil servant may be employed part-time as long as this does not conflict with the public interest. Salaried employees and wage earners in the public service are basically free to negotiate part-time employment with their employers.

Basic Reforms : Germany

On 1 July 1997, the “Act to Amend the Public Service Law” entered into force. This act improves productivity-oriented utilization of personnel and is intended to enhance the competitiveness and efficiency awareness of public administration. The productivity principle will be strengthened and mobility increased. The decision-making scope of executive personnel will be adjusted in line with modern standards. This statutory reform proves that it is possible to flexibly adapt to new framework conditions and new challenges on the basis of the established constitutional norms governing the public service.

The Public Service : Germany

The public service encompasses all people employed by the Federation, the states and the municipalities as well as those employed by other corporations, institutions and foundations under public law. On 30 June 1995, a total of about 5.2 million people were employed by the public service. 1.76 million (33.9 percent) of them were professional civil servants, judges and soldiers, 2.55 million (49.2 percent) were salaried employees, and 890,000 (16.9 percent) were wage earners. The Federation employed 10.4 percent of all public service employees, the states 46.7 percent, and the municipalities 42.9 percent.