Zur Entwicklung des Polizei- und Ordnungsrechts 2013 - 2019

Abstract

The article provides an overview of the development of case law in the field of police law over the last six years. Against the background of selected aspects such as the differentiation of the central dogmatic figure of the concept of danger and, above all, the information based interventions of the police which have been shifted further and further towards an approach of precaution, the article analyses some important decisions of the Federal Constitutional Court and critically examines some aspects of the development as well as some important clarifications. However, it cannot be overlooked that case law continues to give the legislator very detailed specifications within the framework of the principle of proportionality, which can easily end up in a petrifaction of the circumstances, especially against the background of possible technical developments and possibly increasing needs for prevention. A considered look at the advantages and disadvantages of the future use of new digital investigation tools could open up new possibilities for the legislature beyond the existing solutions.