A Change of Paradigm? Law and Order, Anti-Terrorism Policies, and Civil Liberties in Germany

Abstract

Germany's constitutional order places considerable emphasis on the protection of civil liberties. As in other liberal democracies, the events following 9/11 have increasingly led to critical questions about the relationship between the protection of civil liberties and collective security needs. The article reviews the Grand Coalition's (2005–09) legislation in the area of internal security and immigration, investigating the extent to which the first Merkel cabinet departed significantly from the legislative status quo. The main finding for the areas of home affairs and internal security is that the Grand Coalition's policy is characterised by a continuous development of previous governments' policy agendas, its room for manoeuvre being circumscribed by some landmark rulings of the Federal Constitutional Court and its loss of a majority in the Bundesrat following the Bavarian state diet election of autumn 2008. The main characteristic of internal security policy is the stronger coordination of intelligence gathering and sharing both internationally and amongst various executive agencies at the national and regional level. By contrast, the Grand Coalition's policy agenda on immigration demonstrated a growing consensus amongst the two major German parties. As a result, a number of innovative policies could be developed, including the revised Immigration Act.