Extremism: tighter scrutiny by the Federal Police

Kristina Dörnenburg | Prof Dr Klaus Herrmann | Kristina Gottschalk, LL.M.oec. | Dr Stephan Berndt

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11.03.2024

The public administration is to be better protected against possible infiltration by extremists. This objective has prompted legislators to reform the Federal Police Act, which largely dates back to 1994. In doing so, the legislator is building on the Federal Minister of the Interior's action plan against (right-wing) extremism. As a result, all persons who wish to work for the Federal Police (for a longer period of time) are to undergo a simple security check in accordance with the Security Checks Act. Previously, a security check was only required in certain cases.

 

In addition to the submission of a security declaration, the simple security check would include an enquiry with the constitution protection authorities as well as obtaining unrestricted information from the Federal Central Register. The Federal Police would also be authorised to obtain information on applicants from the Federal Criminal Police Office and the Federal Intelligence Service and, if necessary, from foreign security authorities. This should ensure that personal involvement in extremist milieus and groups is recognised from the outset in future. The simple security check should only be omitted in exceptional cases.

 

„This reform will initiate a - necessary - adjustment of the Federal Police Act in line with the other reform considerations of public service law. It remains to be seen whether this will be further developed,“ says Rechtsanwalt Dr Stephan Berndt.

 

The contact persons for public service law in our practice are the lawyers Prof Dr Klaus HerrmannDr Stephan Berndt and lawyers Kristina Dörnenburg and Kristina Gottschalk, LL.M.oec

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