34a-Prüfung: Das Recht der öffentlichen Sicherheit und Ordnung

Summary

The video script offers an introduction to the topic of 'Law, Public Safety, and Order' from the IHK framework plan for the vocational aptitude test according to § 34a. It covers the basics of German federalism, the division of powers, and the principles of legality and opportunity in law enforcement. The script explains the distinction between public and private law, the role of the police versus private security services, and emphasizes the importance of understanding the legal framework within which security personnel operate. It also touches on the inviolability of private property and the right to inviolability of the home as outlined in the German constitution. The aim is to clarify potentially complex legal concepts in a concise and understandable manner, preparing viewers for the vocational aptitude test.

Takeaways

• 📚 The video discusses the topic of 'Law, Public Safety, and Order' from the IHK framework plan, which is part of the professional knowledge examination according to § 34a.
• 📝 The topic is covered in both the written and oral parts of the examination, with a significant weight of four questions and up to eight points out of 100.
• 🏛️ The script provides an introduction to the concept of 'Law, Public Safety, and Order,' aiming to make the subject matter clear and understandable despite its potentially dry nature.
• 🔄 It explains the concepts of 'federalism' and 'separation of powers' in the context of the German political system, highlighting the division of tasks and powers between the federal and state levels.
• 👮‍♂️ The video clarifies that private security services do not possess sovereign powers and cannot represent the state's monopoly on the use of force, unlike the police.
• 👥 The script distinguishes between the roles of the police and private security, emphasizing that the latter operates under civil law contracts and does not have public law enforcement authority.
• 📜 The principles of 'legality' and 'opportunity' are introduced, explaining the mandatory nature of police action in criminal law and the discretionary power in administrative law.
• 🏢 The video mentions that private security personnel, when interacting with citizens, must respect the same fundamental rights as every citizen and cannot infringe upon them without justification.
• 📑 The script touches on the importance of understanding the German legal system, including the distinction between public law, which governs the relationship between the state and citizens, and private law, which governs relationships between citizens.
• 🏛️ The Grundgesetz (Basic Law) of Germany is highlighted as the most important legal document, especially regarding fundamental rights (Articles 1 to 19) that serve as defensive rights against state power.
• 📘 The importance of knowing the Basic Law's principles, such as the inviolability of the home (Article 13) and the right to property (Article 14), is emphasized for the professional knowledge examination.

Q & A

What is the main topic discussed in the video script?

The main topic discussed in the video script is the area of law related to public safety and order, as part of the IHK (Chamber of Industry and Commerce) examination curriculum in Germany.

What are the two major areas of law in Germany?

The two major areas of law in Germany are public law, which deals with the relationship between the state and its citizens, and private law, which concerns the legal relationships between citizens.

What does the principle of 'legality' (Legalitätsprinzip) mean in the context of police work?

The principle of legality means that the police are obligated to pursue any crime they have credible information about and do not have the discretion to choose which crimes to investigate.

What is the 'opportunitätsprinzip' and how does it contrast with the 'legalitätsprinzip'?

The 'opportunitätsprinzip' is the principle of appropriate discretion, which allows for the consideration of factors such as the seriousness of an offense or public interest when deciding whether to pursue legal action. It contrasts with the 'legalitätsprinzip', which mandates the pursuit of all crimes without discretion.

What is the role of the private security industry in relation to public safety and order?

The private security industry operates on a civil law basis, entering into contracts with clients to provide security services. They do not possess sovereign powers and must adhere to the same legal rights and obligations as any citizen when interacting with the public.

What is the significance of the principle of federalism (Föderalismus) in the context of the distribution of powers in Germany?

Federalism in Germany signifies the vertical division of powers between the federal government and the 16 states (Länder), ensuring a balanced distribution of tasks and competencies, which strengthens democracy and prevents the concentration of power.

What are the three branches of government in a democratic state according to the script?

The three branches of government in a democratic state are the executive (executive power), the legislative (law-making power), and the judiciary (judicial power).

What is the Grundgesetz (Basic Law) of Germany?

The Grundgesetz is the constitution of Germany, which establishes the fundamental principles and rights of the state, including the protection of human dignity and the structure of the government.

What is the concept of 'high-handedness' (Hoheit) in the context of state powers?

High-handedness refers to the sovereign power that state institutions possess. It is the authority to make and enforce laws, and it is distributed among different state organs to prevent dictatorship and ensure democratic governance.

What are the fundamental rights (Grundrechte) as outlined in the German Basic Law?

The fundamental rights in the German Basic Law (Grundgesetz) are the rights that serve as defensive rights against state power, aiming to protect citizens from arbitrary state actions. These rights include, but are not limited to, the inviolability of human dignity, freedom of speech, and the right to property.

How does the principle of 'checks and balances' operate among the three branches of government in Germany?

The principle of checks and balances ensures that each of the three branches of government can monitor and control the others to prevent the abuse of power, thereby strengthening democracy.

What is the difference between the tasks and powers of the police and those of a private security company?

The police have sovereign powers and represent the state's monopoly on the use of force, with tasks including crime prevention and enforcement. In contrast, private security companies operate under civil law contracts and do not have sovereign powers; they can only exercise the rights that every citizen has under the law.