Hans-Georg Maaßen did it, the new President, Thomas Haldenwang it does now: The Federal office for the protection of the Constitution (BfV) considers it to be its statutory task is not to seek contact to members of the parliaments in the Federation and the länder. “Confidential,” it says, so that some of it will penetrate to the outside. Despite the classification of the AfD as a “test case” for a possible observation by the BfV was the Meeting with the AfD shall be continued in politicians. “These talks serve for the performance of tasks,” said a spokesman of the interior Minister Horst Seehofer (CSU). The “active communication” to build trust that was lost due to the scandal of the NSU murders. Haldenwang have led such talks since he took office already – possibly with the AfD.
Maaßen has been accused of proximity to the party
The effect is amazing, because among the reasons why Hans-Georg Maaßen to the presidency, was politically unacceptable, his contacts with the right party. Ex-party leader Frauke Petry, he should have set out how the party could escape observation; at a Meeting with AfD Leader Alexander Gauland, there should be a suspicion of espionage against a member of the Group. To Maaßen, even from a political proximity of the CDU-member of the protagonists of the speech was, because of this, the refugee policy of the German government avowedly held to be wrong.
In the Opposition, you look at it critically, if Haldenwang linked to this Tradition. “Should want to lead the tip of the BfV now, again, confidential, or even secret talks with representatives of the AfD, it would have learned from the Maassen-scandal, nothing,” said Left party Deputy, André Hahn, member of the BfV competent parliamentary monitoring body (PMB). The domestic intelligence service would then, inevitably, in the suspicion, in internal discussions, perhaps the test case AfD to advise and solve. “That’s definitely not his job,” said Hahn.
“information calls to the test method are unacceptable,”
“information, talks about your personal interests and issues of concern to the party and the investigation, would, of course, is unacceptable,” said Stephan Thomae of the FDP, is also group Vice-and Body-member. Conversations that had to do with the mandate of perception, must, however, remain for the AfD-politician possible, in a confidential setting, “even if you feel a natural disturbance feeling”. There is a need especially in the case of the intelligence services as much transparency as possible, the green Body-member Konstantin von Notz. “Confidentiality is not an end in itself, but must remain in a legal state of exception and, particularly, to be justified,” he said. Armin Schuster from the CDU, which is also one of the secret service inspectors in the Parliament, said, however, diplomatically: “All the conversations that serve to strengthen the free democratic basic order, and that is the task of the Federal office for the protection of the Constitution, are to be welcomed.”
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to order you to Serve here? In the course of the debate Maaßen came out that the Ex-President with the backing of the Federal Ministry of the interior, auditioned for years, prominent politicians or received. Beamtisch correctly, as Maaßen always wanted to be, he made endorsements for the service supervision. Both the protection of the Constitution, such as the Ministry of the locks, however, to make details of the Meeting with Petry and Gauland. At the request of the daily mirror, the Cologne administrative court has obliged the protection of the Constitution by Eilbeschluss in December to more transparency (Az.: 6 L 1932/18).
protection of the Constitution President can not simply claim “confidentiality”, say the judges
The judge turned out to be the “confidential” conversation practice, the trunk line in question. It was a operational activities of the office. Rather, it is lacking overall, on a legal basis: “The tasks ,strengthen confidence’, ,creating transparency and creating a successful and target-oriented cooperation of politics and security authorities’ are not found in the Constitution protection act,” it says. Certainly not the President from his own expertise, could claim confidentiality.
it Should be the conversation practice in the future, more transparent and, thus, may have to be discontinued – see the judge that we have a Problem: there is no legally relevant disadvantages or other impairments in terms of activity and the performance of the BfV would be “connected”. In addition, contrary to the maintain of the interview format, the rules on the Parliamentary control panel, to discuss what secret Affairs exclusively there.
Want to Haldenwang – how to Maassen, – the press correct?
The Federal Agency wants to have the decision before the higher administrative court (OVG) of North Rhine-Westphalia is correct and has lodged a complaint. The Constitution guards insist, with deputies of all parties – the AfD – confidentiality agree. Otherwise, the purpose of the talks could, the “mutual Information”, cannot be reached, explain to the lawyers of the Bonn law firm Redeker, who is representing the protection of the Constitution on a regular basis. The court should confirm the decision of the lower court, however, he would be legally binding.
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According to a decision of the court politicians request information from the protection of the Constitution to Maaßens AfD-contacts
Jost Müller-Neuhof
Maaßen always explain that he does not “advise the AfD in the talks” have had. This does not exclude, however, that he has set out, what behaviors could lead to an observation. You don’t “have to call Yes advice”. It could also be a “description”. As is known, the Ex-protection of the Constitution President of great value to the correct formulations. About his office or from his point of view wrong in the press, sent he like the Redeker lawyers, in order to obtain corrections. Whether the successor Haldenwang would also like to take on this Tradition is, as yet, unknown.