Hessian Surveillance Law Declared Unconstitutional

Ensuring Constitutional Protection: A Call for Legal Reforms

Recent rulings by the Federal Constitutional Court have highlighted significant issues with the state-level Constitution Protection Acts in Germany. In Rhineland-Palatinate, the Constitution Protection Act is under review to enhance legal clarity and meet federal requirements. The focus is on improving preventive measures, increasing oversight, and ensuring transparency in surveillance activities, especially concerning misinformation and threats to democracy. The involvement of the G 10 Commission in surveillance operations is expected to be strengthened, and financial investigations against extremists facilitated. In Hesse, parts of the Constitution Protection Act were declared unconstitutional. The court found that the thresholds for surveillance measures were too low, infringing on the right to informational self-determination. Provisions for data sharing with law enforcement were partially invalidated. The ruling affects capabilities such as phone tracking and the use of undercover investigators. This follows similar findings regarding the Bavarian Constitution Protection Act. The Gesellschaft für Freiheitsrechte and the FDP have called for a balanced approach between security and freedom. Meanwhile, Berlin supports initiatives to strengthen the Federal Constitutional Court, emphasizing the need to enshrine key points like judges' terms and retirement ages into the Basic Law. These efforts underscore the indispensable role of the court in safeguarding the democratic order.