Dobrindt wants to radically reform Office for Protection of Constitution

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A turning point is looming in Germany's security architecture, which could significantly shift the existing rule-of-law guardrails. Federal Minister of the Interior Alexander Dobrindt (CSU) is pursuing the goal of freeing the Federal Office for the Protection of the Constitution (BfV) from its role as a mere intelligence collector.

„Real intelligence agency with operational capabilities“

„I want the intelligence service to become a real intelligence agency equipped with effective, operational capabilities,“ Dobrindt said in an interview with Augsburger Allgemeine. Thus, the Office for the Protection of the Constitution should no longer just be the „early warning system of democracy“ but should be able to actively intervene in events itself.

This new course is particularly evident in the area of cyber defense. The minister wants to respond to the increasing threat from attackers who operate from abroad and are financed by foreign powers. Here, Dobrindt envisions a departure from a purely defensive stance. „We also want to strike back – to disrupt and destroy their technology and infrastructure,“ emphasizes the minister.

For digital counter-strikes or hackbacks, which have been hotly debated for years, the CSU politician also relies on increased international cooperation, including with the USA and Israel. Despite the political tensions under US President Donald Trump, Dobrindt considers the relationship with Washington indispensable: „The USA is and remains our partner.“

Violation of the separation principle threatened

For the digital work of the BfV, the plan would mean a massive technical upgrade. Instead of limiting itself to reading encrypted communication via state trojans or evaluating metadata, the authority would have to build up capacities for offensive ICT operations. In the case of threats from abroad, this would be more a matter for the Federal Intelligence Service (BND).

According to Dobrindt, the transformation from observer to actor also requires „considerably more personnel“ and new investigation methods, as he explained on the ntv talk show. A focus will be placed on more intensive combating of left-wing extremism.

However, the plan to upgrade the Office for the Protection of the Constitution with such powers is meeting with resistance. The initiative shakes the separation principle, a central lesson from German history. Since the end of National Socialism, the strict division between secret observation by intelligence services and executive actions by the police has been a cornerstone of the Federal Republic's rule of law.

Securing rule-of-law control

Constitutional law expert Winfried Kluth warns of „rule-of-law uncertainty“ in an interview with MDR. He emphasizes: „The Office for the Protection of the Constitution observes. The police authorities and public prosecutors' offices are responsible for operational measures.“ The separation model ensures that interventions in fundamental rights are carried out by authorities that operate transparently and under strong judicial control.

The legal hurdles for the transformation into a „real intelligence agency“ are accordingly high. Since the BfV's competencies are explicitly limited to information gathering in the Basic Law, Kluth considers a constitutional amendment with a two-thirds majority to be unavoidable. The jurist suspects that Dobrindt is choosing this path because operations in secret are intended to „proceed quickly and attract less attention.“

Instead of expanding the Office for the Protection of the Constitution, experts suggest expanding the powers of the police protection units. This would better preserve rule-of-law control.

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