DROHENDE GEFAHR vor dem BVerfG – Bayerns Polizeirecht auf dem Prüfstand

On July 7 and 8, 2026, the First Senate of the Federal Constitutional Court will hear arguments concerning the Bavarian Police Duties Act (BayPAG). The focus will be on the intervention threshold of "imminent danger" under Article 11a BayPAG, which authorizes the police to conduct telecommunications surveillance, online searches, and preventive detention even before a concrete threat has arisen. Attorney Hans Theisen from Dresden explains the issues being debated, the criteria by which the law will be measured, and why the decision could also have significant implications for Saxon police law. Procedure / Source Federal Constitutional Court, First Senate, oral hearing on July 7 and 8, 2026 (Press Release No. 31/2026 of May 18, 2026): abstract judicial review and constitutional complaint against the Bavarian Police Duties Act. [The text abruptly ends here, likely due to a technicality or error in the original German text.] Case numbers (expected): 1 BvF 1/18 (judicial review of legislation) and 1 BvR 2271/18 and 1 BvR 506/19 (constitutional complaints) Summary: Normally, the police may only intervene in the event of a concrete danger. The concept of "imminent danger" lowers this threshold: Facts suggesting that a concrete danger could develop in the future are sufficient. The Federal Constitutional Court is now examining whether Article 11a of the Bavarian Police Act (BayPAG) is compatible with the Basic Law. The landmark decision regarding the Mecklenburg-Western Pomerania Police Act (decision of December 9, 2022, case number 1 BvR 1345/21) is likely to serve as a benchmark, according to which intrusive measures such as residential and telecommunications surveillance generally require a concrete danger. This procedure is particularly relevant for Saxony: On January 25, 2024, the Constitutional Court of the Free State of Saxony declared parts of the Saxon Police Enforcement Service Act incompatible with the Saxon Constitution and gave the state parliament until June 30, 2026, to amend it. Link Block ► Free initial consultation & appointment booking: https://www.ra-th.de/virtuelle-kanzle... ► Detailed blog post about this video: https://www.ra-th.de/blog ► Law firm Hans Theisen, attorney in Dresden: https://www.ra-th.de Related videos ► “Face in the Grid” – biometric online matching according to Section 98d of the German Code of Criminal Procedure: https://www.ra-th.de/blog/ihr-gesicht... Legal notice: This video is for general information purposes only and does not constitute legal advice in individual cases. The legal situation and procedural statuses presented correspond to the state of affairs at the time of recording.