Saxony-anhalt If It Joins the State Government After the Upcoming State Election Raises Constitutional Questions, According to a Police Law

Markus Thiel, professor of public law at the Police University in Münster, said a voluntary police service, as exists in several German states, is generally possible. "In any case, this requires a legal regulation at the state level," he said. In Bavaria, for example, members of the local "Sicherheitswacht" (security watch) may conduct interviews, carry out identity checks, and issue place bans.

Thiel, however, considers the AfD's election program for the September 6 vote problematic because it describes the "Bürgerwacht" as a "third pillar" of the security architecture alongside the police and the public order office. "This is constitutionally problematic, particularly with regard to fundamental rights and the so-called functional reservation, he said, noting that the plan involves private individuals who would be trained. Specifically, establishing an independent additional pillar conflicts with a provision in Article 33 of the Basic Law, which states that the exercise of sovereign authority must, as a rule, be assigned to members of the public service who are in a public-law service and loyalty relationship.

Thiel also finds the term "Bürgerwacht" problematic. "This reminds one, intentionally or unintentionally, of 'Bürgerwehr' (citizen militia), and introducing one with sovereign powers is not permitted, he said. He stressed that only people who commit to the free democratic basic order may participate in the voluntary police service.

"It must not happen that men who were previously members of a right-wing extremist paramilitary group get involved, or that racial profiling occurs, he said, referring to checks based solely on external characteristics such as skin color or language. The legal scholar also raised questions about the regular police service in Saxony-Anhalt if the AfD were to form the government and take over the interior ministry. He speculated that many police officers might move to other federal states, while others would resist orders, leading to cases before administrative courts.

He also said it would be difficult to answer what would happen if a court found orders in the state to be unconstitutional. Thiel also views the continued participation of a state with a government no longer fully acting in line with the constitution in the police information network coordinated by the Federal Criminal Police Office (BKA) as problematic, noting that restrictions face high hurdles and must be legally regulated." He said it would be even more difficult regarding intelligence exchange, as cooperation between the federal and state governments is particularly anchored in the Basic Law.