A (German) Lady Vanishes.
Résumé
A (German) lady vanishes: The silent and somewhat restless disappearance of the GDR Police after 1989 Introduction What was at stake in the German process of reforming its socialist police after 1989? Of course, some of the problems of the German transformation are common to other former socialist countries, i.e., the integration of former agents, reform of former organisations and bureaucracies, the formulation and implementation of new legislation, etc.. Yet, many factors separate Germany from its eastern neighbours. In terms of constitutional law, the transformation occurred simply with the integration of the administrative regions (known as the " neue Bundesländer " " or NBL) into the constitutional and administrative order of the German Federal Republic (Article 23 of the West German Constitution). There was no constitutional reform, merely a " Unification Treaty " (" Einigunsvertrag ") between the two German states, which was signed in 1990 (Glaeβner and Wallace, 1992, Maier, 1997, and for the full Unification Treaty, see Hancock and Welsh (eds.), 1994, p. 353-63). The method of transformation of the administrative structures that existed in East Germany largely resembled a " flash of lightning ". On the day of unification, 3 October 1990, there became one sole political regime, which was that of Federal Republic of Germany, with sixteen autonomous administrative regions, referred to as the " Länder " (or States), and thus sixteen police forces and two federal-level police forces (one, the " Bundeskriminalamt " or BKA) similar to the FBI, and the other being the border and transport police, i.e. the " Bundesgrenzschutz polizei " (BGS) – (for details on the German police see Busch et al, 1998; and Rupprecht, 1995). Which lessons can this " German approach " provide in terms of transforming law enforcement or policing institutions? In answering this question, one ought to consider whether the uniqueness of the German political transition, based on the integral expansion of state structures from the FRG towards former GDR territories, can impart any lessons in police transformation for other states. Given the normative nature of this book (see the Introduction in Caparini and Marenin, 2003), which attempts to gain a better understanding of what a democratic police force actually is and ought to be, we shall, in particular, endeavour to understand how the authoritarian regime that existed in East Germany could have led to the introduction and success of reforms, or, to put it terms of " transitology " , to the transition and subsequent democratic consolidation of the police (See Stark and Bruszt, 1998 and Dobry (ed.) 2000, and also see Hancock and Welsh (eds.), 1994 and Offe, 1996 on the transition process in Germany). Before being able understand this issue, it is appropriate to include a few words about the GDR police prior to 1989 (for information on the GDR itself, see the Introduction in Fulbrooke, 1995; and for an extensive analysis of the GDR police, see Lindenberger, 1998). The police (" Volkspolizei " , or DVP), which consisted of approximately 120,000 officers, 1 was one of the pillars of national defence and was placed under the authority of the Secretary-General of the Communist Party. The DVP, which was organised on a military basis, found itself having to submit to oversight bodies and those conducting political investigations, most notably to the " Staatssichereit " or " Stasi " (information on the Stasi is provided in Fulbrooke, 1995). The Stasi, or " political police " viewed the DVP " Volkspolizei " , or regular police, as being poorly equipped, especially for dealing with criminal matters. The Vokspolizei were primarily responsible for public security and surveillance of local social activities. We will turn first to examine the " absorption " process, and then address the effects of this very particular feature on the transformation and democratisation of the police. The process of absorption (1989-90) 1 This number is as high as that of the French national police at present, for a population that is about 3.5 times smaller. 2 The FRG Police: The only possible standard for police forces From a constitutional and political point of view, and in particular after the legislative elections of 18 February 1990 in the GDR, which saw the victory of Chancellor Kohl " s party, the West German Government sought unification between the two States to be achieved as quickly as possible, which avoided any institutional changes in West Germany (Glaeβner, 1994; and Maier, 1997). Whether the matter is considered from a monetary or administrative point of view, the only acceptable standards had to be those of the FRG, which were simply exported. The transformation was to be based on the " transplant " method. The most crucial feature of the transformation was that of the West German constitutional procedure known as " administrative mutual assistance " (" Amshilfe "), in which one Lander lends its help to another Lander; thus each state in West Germay had to provide assistance and share its experience with another state in the Eastern part (Bavaria and Bade-Wurttemburg towards Saxony, Northern Westphalia towards Brandenburg, Schleswig-Holstein towards Mecklenburg, etc.). Standards and values of the FRG police In West Germany, the responsibility for policing lies with each state. Hence, one finds as many police forces as states, as well as the two federal forces, i.e., the BKA and BGS. These police forces, which are placed under the increasingly lenient control of the paired state authorities, are subject to the same rules on penal procedures, but have their own capacities in terms of police administration and public security (" Polizeirecht "). The increasing centralisation of the FRG (German Federal Republic) since the time of Chancelor Willy Brandt (1969-74), the fight against internal terrorism (since 1972), and the increased professionalisation of police forces, encouraged a growing alignment of practices and structures from the 1970s. This was particularly encouraged through the device of the " Conferences of the Interior Ministers of the Lands (IMK) " , held under the authority of the Federal Minister, which brought about de facto a form of growing centralisation of the West German police forces, a process which continues even today. Moreover, since the early 1990s, these police forces have been involved in programmes promoting community policing and creating urban partnerships with municipal and local associations (Aden, 2002).
Domaines
Science politique
Origine : Fichiers produits par l'(les) auteur(s)
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