Legal scholar Matthias Bäcker has expressed significant constitutional concerns regarding the planned reform of Germany’s intelligence services. Referring to the legislative package currently undergoing parliamentary procedures, Bäcker told the “Rheinische Post” (Friday edition): “The most serious aspect is that the Federal Office for the Protection of the Constitution is allowed to operate secretly within the country.”
Speaking as an expert during the Bundestag proceedings on the matter, Bäcker, who works at Johannes Gutenberg University Mainz, argued that the intrusion possibilities outlined in the draft law could be “interpreted without limits-from access to physical objects and information to social relationships.” He stressed that covert interference with property or freedom of action goes against the principles of a state governed by the rule of law. “That cannot be reconciled with a constitutional order of the rule of law,” he asserted, adding that he believes the Federal Constitutional Court (Karlsruhe) would agree with this assessment. Crucially, Bäcker noted that these invasive measures are slated to become possible even in “vague threat scenarios,” long before a specific criminal act is committed.
In contrast, Jan-Hendrik Dietrich, a legal scholar from the Federal University of Public Administration, who also provided expert input to the Bundestag, provided a more measured defense. He criticized the proposed protective measures, granted to the Federal Office, as being treated “in a populist manner as instruments of a secret police.” Dietrich told the “Rheinische Post” that a closer examination reveals a very narrow scope of application, constrained by high legal requirements.
However, Dietrich also acknowledged the need for reform. He stated that given the variety of current threats, the intelligence services should be granted modern powers to ensure the state’s capacity to act. Simultaneously, he emphasized that the independent oversight of these agencies must be strengthened, pointing out that the current government draft still leaves room for optimization in this area.
