
Protest against Bavarian PAG Police Laws turning Bavaria's police into secret police with powers not seen since the Gestapo, April, 2018.Sachelle Babbar/Press Association. All rights reserved.
Legal moves to increase police powers in the name of fighting terrorism are hardly new territory for Europe. The UK’s 2016 Investigatory Powers Act is one recent example; Emmanuel Macron’s 2017 antiterrorism law, which ended France’s state of emergency by writing many of its provisions permanently into law, is another. But when Germany starts granting its police sweeping new powers of surveillance, arrest and detention, the symbolic and constitutional implications are extremely concerning.
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That is precisely what is currently happening, although Germany’s federal structure disguises the fact. Of the sixteen states that make up the Federal Republic of Germany, only one (Thüringen) has not announced any plans to tighten its police laws. In May, 30,000 people took to the streets of Munich to protest a new law giving the Bavarian police unprecedented powers of surveillance, undercover policing and – most eyecatchingly – the right to carry hand-grenades. To no avail: the law was passed by the CSU majority in the Bavarian parliament: the same majority that in recent weeks threatened to unilaterally instruct the police to defy federal government policy and turn away refugees at the Austrian border.