Title: Challenges in Police Training Regulations in Hesse: A Constitutional Conundrum
In a recent setback for the outgoing black-green state government in Hesse, some regulations governing police training were deemed partially unconstitutional by the State Court in Wiesbaden. The former SPD and FDP opposition in the state parliament had lodged a motion to review the constitutionality of specific provisions related to police training administration at the state level. The court's ruling, spanning over 60 pages, primarily supports the opposition's argument and highlights the necessity for revisions to the unconstitutional regulations in the Hessian Higher Education Act concerning police training.
The black-green coalition had consolidated police training and further education at the Hessian University of Applied Sciences for Public Management and Security (HöMS) in Wiesbaden, which also offers education in public administration. The opposition argued that this infringed upon the HöMS's academic freedom, allowing the Ministry of the Interior to effectively govern the university.
Following a series of legal defeats on matters such as the special coronavirus fund and civil servant salaries, the black-green state government now faces another challenge in revising these unconstitutional regulations by the end of 2024. With the state elections in October 2023 potentially leading to a new governing alliance between the CDU and SPD, the incoming administration will need to address these constitutional issues.
Academic freedom, as guaranteed by the Constitution of Germany, forms an essential aspect of the court's ruling. Universities like Hochschule Fulda and Justus Liebig University in Giessen, along with other law enforcement and justice organizations, may look into their institutional structures to ensure compliance with the principles safeguarded by the National Constitutional Law of the German Federal Republic in light of these developments.
The Justice Ministry, playing a crucial role in this process, will be responsible for reviewing and revising the unconstitutional regulations related to police training. This case serves as a reminder of the importance of adhering to the Constitution and its protection of academic freedom, even in the realm of law enforcement and security education.
