Controversial special route: Bavarian border police become a case for the State Constitutional Court – Germany and the world

Munich – The Bavarian border police now employ the Bavarian Constitutional Court. The Greens in the Bavarian parliament want the highest court to clarify whether the reestablishment of the border police two years ago and their powers are compatible with the Bavarian constitution.

The Greens note, among other things, violations of the rule of law. In addition, they criticize the competence of the border police, because they have – if they perform federal border policing duties – not only under state law, but also under federal law, for example in the control of cross-border traffic.

Bavaria takes controversial special route with border police. It had already been introduced in 1948 and was used, among other things, for checks at border posts and airports in Bavaria. 50 years later, after the end of border controls with the former GDR, the lifting of border controls with Austria and the easing of the border situation with the Czech Republic, it was dissolved.

On August 1, 2018, it was reintroduced as part of the state police during the discussion of refugee immigration, for example via the Balkan route, and initially included around 500 officials. The Interior Ministry plans to have 1,000 by 2023.

For the Bavarian Minister of the Interior, Joachim Herrmann (CSU), the Sonderweg is a success. Since the reintroduction of the Bavarian border police, the search results have increased significantly, he said earlier this year. In 2019, after successful searches by the Bavarian border police, 785 arrest warrants were issued and 61 re-entry bans were imposed, Herrmann said. When fishing for fake passports, the number in 2019 was almost 60% higher than in 2017.

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