Das Trennungsgebot zwischen Polizei und Streitkräften

The author examines the constitutional relationship between the police and the armed forces. After an examination of the security policy and historical development, the principle of separation is derived from the German Grundgesetz as an unwritten constitutional institute. This includes a functional separation of the tasks of both institutions and an institutional separation of the organizational units. From this follows the prohibition of policing by using military equipment and of police-military hybrid organizations. Finally, the value of a civilian police force is emphasized in terms of legal policy and a proposal is made for a moderate amendment to the constitution in order to close existing gaps in protection.