According to representatives from the CDU and SPD, the major reform of the intelligence services brings with it several legal uncertainties. Marc Henrichmann, chairperson of the Parliamentary Control Committee (PKGr) and a CDU member, told the “Rheinische Post” that they are entering uncharted territory with this large-scale reform. While acknowledging that the draft provides for expanded powers, he noted that there is currently no jurisprudence from the Constitutional Court regarding these additions. However, the CDU expert added that because the country is facing a newly heightened threat situation, adapting intelligence service law has become necessary, and this will certainly be considered should a lawsuit be filed in Karlsruhe.
SPD deputy faction leader Sonja Eichwede similarly conveyed to the “Rheinische Post” that the amendment to the intelligence services law is indeed stepping into “constitutional uncharted territory.” Consequently, she stressed the importance of proceeding meticulously with the legislative package, ensuring that there is deep oversight of the intelligence agencies. Eichwede further stated that there must be no parallel existence between the domestic intelligence protection agency (Verfassungsschutz) and the police in the future. Instead, she suggested closing existing legal loopholes, asserting that the Verfassungsschutz should only engage independently when an exceptionally acute threat needs to be countered, and simultaneously, there is insufficient time for gathering internal information or involving the police.
In sharp contrast, Konstantin von Notz, a Green politician and deputy PKGr member, deemed the stern criticism directed at the draft provided by the Federal Interior Ministry on behalf of the Federal Office for the Protection of the Constitution (BfV) justified. Von Notz criticized planned powers for a secret service that could intervene in citizens’ freedom and property in the preliminary stages of threat mitigation, without transparency or effective legal protection. He asserted to the “Rheinische Post” that these plans are fundamentally incompatible with the rule of law. He urged the coalition to conduct a fundamental overhaul of the BfV Act, arguing that only this could prevent a legal defeat in Karlsruhe and preserve the necessary public trust in the crucial work of the BfV. Von Notz added that he has serious doubts whether this overhaul can be completed within the tight timeframe allotted only to the BND (Federal Intelligence Service), as the Federal Constitutional Court has set a deadline by the end of the year for adjusting the legal foundation of the BND.
