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Die Finanzierung der Polizeien des Bundes und der Länder aus Steuermitteln legt der Allgemeinheit Lasten auf, von denen sie durch die Gewährleistung der inneren Sicherheit profitiert. Doch große (Sport-)Veranstaltungen tragen dem Veranstalter ein weiteres Mal erhebliche Gewinne durch Eintrittsgelder sowie den Verkauf von Fanartikeln und anderen Vermarktungs- und Verwertungsrechten ein. Der folgende Beitrag stellt die höchstrichterliche Rechtsprechung des Bundesverwaltungsgerichts zu der Frage vor, ob dem Veranstalter einer gewinnorientierten Großveranstaltung die Deckung des polizeilichen Mehrbedarfs abverlangt werden darf. [ABSTRACT FROM AUTHOR]

A retired police officer has applied for recognition of his skin cancer as an occupational disease in court. The agency rejected the application, arguing that the disease was not caused by soot, tar, or similar substances and that police officers in field service are not particularly at risk. The Administrative Court of Aachen ruled that the plaintiff's disease does not constitute an occupational disease, as skin cancer is only recognized as such if it is caused by soot, crude paraffin, tar, or similar substances. Police officers in field service are not exposed to the extent of the risk of developing skin cancer for it to be considered a work-related accident. [Extracted from the article]

The article deals with a legal dispute over compensation for pain and suffering for a police officer on duty. It is stated that a police officer cannot claim compensation for injuries that fall within the scope of average operational risks. When determining the amount of compensation for pain and suffering, the unlawfulness of the police action must be taken into account. It is emphasized that sufficient instruction is required before establishing identity, as otherwise the immediate coercion to enforce identity verification is unlawful. In this case, the plaintiff took repressive action against the defendant by conducting an identity check. The court found that the identity check was unlawful because the defendant was not informed of the alleged offense. The police officers acted repressively rather than preventively for hazard prevention, making the identity check disproportionate. [Extracted from the article]

The Bavarian Supreme State Court has decided that the legality of a police data transmission will be reviewed in administrative law proceedings. In a specific case, the decision on the legality of a data transmission was rejected by the ordinary jurisdiction and referred to the competent administrative court. The court determined that it is a public law dispute and referred the case to the administrative court. It is stated that the data transmission from Reemers Publishing Services GmbH to the police authority does not constitute a measure in the field of criminal justice. The decision is of fundamental importance for legal protection. [Extracted from the article]

The article reports on a legal dispute concerning the imposition and enforcement of a coercive fine by the police department of D-City. The Higher Administrative Court of Lower Saxony ruled that a coercive fine that has already been imposed is not unlawful if the underlying administrative order has become obsolete. It is emphasized that a risk of repetition is necessary for the imposition and enforcement of a coercive fine. The plaintiff has successfully requested that the enforcement of the imposed coercive fine is inadmissible since the general administrative order has been repealed. [Extracted from the article]

The article deals with a legal dispute regarding the reimbursement of travel expenses during the training of a plaintiff for the higher police service. It is stated that the new definition of business travel does not result in an expanded reimbursement of travel expenses. However, travel costs that were ordered due to switches between presence and distance learning phases as part of training due to the COVID-19 pandemic will be reimbursed. The plaintiff was not seconded and therefore does not fall under the regulations for transfer, secondment, or assignment. The question of the reimbursement of travel expenses is addressed in relation to the Federal Travel Expenses Act and civil service law. It is emphasized that the decision on reimbursement is at the discretion of the authority and should be measured against the duty of care and fairness. It is also pointed out that the defendant, as the employer, created the reason for the additional trips. [Extracted from the article]

The article is about a case in which the police conducted a mobile phone tracking to find a man who had announced his suicide. The police could not find the man and commissioned a company to locate him, which incurred costs of 90 euros. The man was later found and the police asked him to pay the costs. The administrative court ruled that the payment request was justified, as the mobile phone tracking was justified to avert an urgent danger to the man's life. The question is raised whether costs for government services can be charged in certain situations. [Extracted from the article]

The article is about a case of alleged extortion at the airport terminal. A 20-year-old employee of a private security company was accused of extorting a passenger by demanding 50 € to lead him past the queue. The district court acquitted the defendant and the prosecutor's appeal was unsuccessful. The Higher Regional Court of Cologne ruled that the defendant was not guilty of attempted extortion. It was also determined that the defendant did not have a public administrative task and therefore is not criminally liable for accepting benefits or bribery. [Extracted from the article]

A man born in 1960, who identified himself as a citizen of the federal state of Grand Duchy of Baden and belonged to the "Reichsbürger" movement, was convicted of attempted murder of police officers. He had acquired various weapons and insulted the police officers by referring to them as "militias," "terrorists," and "combatants," claiming that he had the right to kill them without punishment. During a drunk driving incident, he evaded several police checks and intentionally hit a police officer, causing serious injuries. He was sentenced to 10 years in prison. The "Reichsbürger scene" is showing a growing willingness to use armed force against the state and its representatives. [Extracted from the article]

The article deals with the rejection of an exemption permit for wearing a niqab while driving. The plaintiff argues that the regulation violates her religious freedom, but the court decides that the regulation is neutral in terms of religion and gender and also applies to other cases where the face is covered. The alternative of keeping a logbook is considered less suitable for achieving the goals of the regulation. The decision is considered to be free of discretion errors, as there are no special circumstances that would justify an exception. The case law on this topic is consistent and confirms the ban on veiling while driving, even for women who normally wear a niqab. [Extracted from the article]

The article deals with the principle of acceleration in criminal cases. A 37-year-old complainant has been in pretrial detention since May 4, 2023, based on an arrest warrant, and is accused of drug trafficking in 14 cases. The public prosecutor's office has filed charges, but no decision has been made yet regarding the opening of the main proceedings. The complainant requested the revocation of the arrest warrant due to a violation of the principle of acceleration, but his request was denied. The text refers to decisions of the Federal Constitutional Court (BVerfG) regarding the right to be heard in criminal proceedings and emphasizes the importance of the principle of acceleration as a fundamental principle of the rule of law. [Extracted from the article]

The article "Preventive detention of climate activists" reports on the case of a person who participated in traffic blockades by gluing themselves to the road with super glue. As a result, the police arrested 60 people and asked them to leave the assembly. The person in question was taken into custody under the Police Tasks Act but was later released. The Police Headquarters of Middle Franconia filed a complaint against the decision, and the Nuremberg-Fürth Regional Court considers the complaint admissible and justified. The detention was deemed necessary to prevent the commission of crimes. It is argued that preventive detentions are effective in preventing the commission of crimes, even if other individuals may be motivated to commit the crime. It is also emphasized that there is no milder yet equally effective alternative to preventive detention. Furthermore, it is discussed that the duration of detention can be extended if the risk of committing crimes persists. It is emphasized that the responsibility for the risk lies with the disruptors and not with the vulnerable legal community. [Extracted from the article]

The Higher Administrative Court of the State of Saxony-Anhalt has declared the regulation of the Police Inspection Halle on the establishment of a weapons-free zone in A-City invalid. The regulation exceeds the content and scope of the authorizations according to § 42 (5) and (6) of the Weapons Act. However, the jurisdiction of the Police Inspection Halle to issue the regulation was confirmed. It is also stated that the regulation was properly announced, but may not meet the requirements of customary publication. The text describes the legal basis for official measures taken on the basis of a statutory instrument. It is explained that prohibitions or restrictions on weapons according to § 42 (5) and (6) of the Weapons Act must be implemented both at the level of the regulation and at the level of enforcement in the form of an administrative act. The implementation of such measures can lead to difficulties as they require a proper administrative procedure. [Extracted from the article]

The article is about an applicant who is appealing against his dismissal from the probationary civil service in the police force. The Thuringian Higher Administrative Court has ruled that military service in the field police force cannot generally be credited towards the probationary period for a career in the middle police enforcement service. The decision on the probation of the civil servant during the probationary period lies with the employer and is based on a personality-based evaluation. The applicant's dismissal order was considered formally and substantively lawful. [Extracted from the article]

The article deals with a general administrative order regarding "climate activists". The administrative court has ruled that participants of an unregistered assembly were prohibited from sticking, chaining, tying, or settling on vehicles to block traffic. The general administrative order was considered lawful, except for the prohibition of sticking to vehicles nearby. The actions of the "Last Generation" were considered assemblies within the meaning of Article 8 of the Basic Law. It was determined that public safety and order are directly endangered during the conduct of these assemblies. In relation to future protests by the "Last Generation", it is expected that criminal offenses, particularly coercion according to § 240 of the Criminal Code, may occur. Events related to previous assemblies can be used as evidence of an immediate endangerment to public safety. The actions of the "Last Generation" include protest marches and traffic blockades that are not officially registered. In the case of road blockades, a physical coercive effect can be assumed as soon as the first row of vehicles stops due to the blockade and the following vehicles are prevented from continuing. There is no justification for these actions based on the right to resistance or civil disobedience. The protest actions endanger the safety and smooth flow of traffic, as well as central legal interests of individuals. The orders issued are not flawed. The article describes the legal basis for restricting assemblies in Bavaria according to Article 15 (1) sentence 1 of the Bavarian Assembly Act (BayVersG). The assembly authority has discretion to impose restrictions, taking into account the fundamental rights of the applicant and the principle of proportionality. The imposed measures are proportionate and serve to prevent or minimize dangers to public safety. The restrictions only apply to improperly registered assemblies. The right to self-determination according to Article 8 (1) of the Basic Law (GG) is limited by the protection of the legal interests of third parties and the general public. The assembly authority must give the organizer the opportunity to contribute their ideas for realizing their right to assembly. However, the order that assembly participants are not allowed to stick, chain, tie, or settle on vehicles nearby may not be sufficiently specific and cannot be sufficiently justified. Overall, the challenged restrictions are likely to be mostly lawful. [Extracted from the article]

The article titled "Physical attack on unlawfully acting enforcement officers" reports on a case in which a prisoner committed a physical attack on enforcement officers. The district court sentenced him to one year of imprisonment, but the regional court acquitted him. However, the prosecution's appeal was successful. The Higher Regional Court in Frankfurt am Main overturned the verdict and determined that while the prisoner did not commit a physical attack on enforcement officers, the accusation of bodily harm still remains. It was established that the officers acted unlawfully by transferring the prisoner to a particularly secure detention area without an order from the prison director or their representative. [Extracted from the article]

Die Erhebung von Polizeikosten gegenüber Bürgern bedarf jeweils einer Rechtsgrundlage. Der folgende Beitrag behandelt die Frage, inwieweit über die grundsätzliche Finanzierung der Polizeien des Bundes und der Länder aus Steuermitteln hinaus für bestimmte einzelne Amtshandlungen von einzelnen Personen Kosten erhoben werden dürfen. [ABSTRACT FROM AUTHOR]

Die Polizeien des Bundes und der Länder werden als staatliche Institutionen in erster Linie aus Steuergeldern finanziert. Der folgende Beitrag stellt die Grundzüge des in Deutschland geltenden Polizeikostenrechts dar. [ABSTRACT FROM AUTHOR]