Cabinet agrees on federal police law
The old Federal Police Act dates back to 1994 and has only been amended in isolated cases. Now the regulations are being completely revised to ensure greater transparency. However, there is criticism from the CDU/CSU, but also from the anti-discrimination commissioner.
Mandatory identification of federal police officers and the right to inspection receipts: With a legislative reform, the traffic light coalition wants to ensure greater transparency in federal police operations. The project was approved by the cabinet, now it's the Bundestag's turn. The new version of the law is also intended to extend 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 CDU/CSU, on the other hand, voiced criticism.
Part of the law is a legitimation and identification requirement: officers will have to identify themselves on request and will also have to wear a pseudonym. This should lead to greater transparency and proximity to citizens. Misconduct could then be prosecuted under disciplinary or criminal law. However, the identification should not reveal the full name.
According to the draft law, anyone checked by the federal police will in future have the right to be issued with a certificate of search. This must state the reason for the check. A spokesperson for the Ministry of the Interior emphasized that the receipts are intended to prevent "any accusations of discriminatory police checks".
Replacement for the 1994 law
Data collection and the use of informers and undercover investigators will also be newly regulated. In addition, the Federal Police will be given extended powers - including telephone surveillance and the use of and defense against drones. According to the draft bill, this should "specifically strengthen" the authority.
The law is also intended to protect the Federal Police from infiltration by extremists. All applicants and employees of the agency are to be able to undergo security checks in future. Previously, this was only possible in certain cases.
Most of the current Federal Police Act dates back to 1994 and only individual provisions have been amended to date. This made a new version necessary. Faeser therefore emphasized that the reform brings the Federal Police Act up to date. "We are creating the best conditions to consistently counter the current threats."
The law would create a "modern and contemporary legal basis for an attractive service in the Federal Police", explained Sebastian Hartmann, the SPD parliamentary group's domestic policy spokesperson. The guiding principles are transparency and proximity to citizens as well as trust and reliability. The Social Democrats are therefore "counting on a swift, results-oriented debate in the Bundestag and an immediate resolution".
Criticism from the CDU/CSU - and from Ataman
The CDU/CSU voiced harsh criticism: the draft was "brimming with mistrust of our police force", explained its domestic policy spokesperson, Alexander Throm from the CDU. The traffic light coalition falls far short of what is necessary in terms of technical powers. In addition, the powers to fight crime were "far from adequate" for the requirements of modern police work.
The Federal Government Commissioner for Integration, Reem Alabali-Radovan, on the other hand, welcomed the planned right to a control receipt: "This creates more transparency." She also sees the ban on racial discrimination enshrined in the new law as positive. "Racism must have no place in our midst and in the police force," she explained. Everyone must be able to count on the protection of the police 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. "The right of citizens to non-discrimination is neglected."
Ataman criticized the fact that suspicionless checks based on physical appearance are to become lawful if there is an undefined "objective reason". "Racial profiling is discrimination" and should be banned with the reform, the commissioner demanded. She believes that the regulation on control receipts has not been "consistently implemented". Ataman criticizes the fact that those being checked do not automatically receive the receipt, but have to ask for it themselves.
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The traffic light coalition, being part of the Federal Government, has proposed a new version of the Federal Police law to enhance transparency, which includes mandatory identification of officers and the issuance of search receipts. This criticism from various quarters, including the CDU/CSU and the Federal Anti-Discrimination Commissioner Ferda Ataman, has focused on the potential for racial profiling in certain regulations.
Source: www.ntv.de