Armed Forces in Law Enforcement Operations? - The German and European Perspective
At the center of this study lies the allocation of responsibilities and the division of labor between the armed forces and the mission of the police as well as other security forces in Europe. The mission of these forces defines the demarcation line betwe
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Kim Eduard Lioe
Armed Forces in Law Enforcement Operations? – The German and European Perspective
Kim Eduard Lioe Oststrabe 11 45136 Essen Germany [email protected]
ISBN 978-3-642-15433-1 e-ISBN 978-3-642-15434-8 DOI 10.1007/978-3-642-15434-8 Springer Heidelberg Dordrecht London New York # Springer-Verlag Berlin Heidelberg 2011 This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its current version, and permission for use must always be obtained from Springer. Violations are liable to prosecution under the German Copyright Law. The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Cover design: WMXDesign GmbH Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
To Bibi and Tet. Thank you for your boundless love and care!
To Stefanie Charlotte, my wife, my love and friend. Thank you for being here with me!
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Preface
This book has been submitted as a doctoral thesis to the Faculty of Law at the Europauniversita¨t Viadrina in Frankfurt an der Oder, Germany. I would like to express my sincere and wholeheartedly thanks to my thesis supervisor Prof. Dr. Wolff Heintschel von Heinegg for his trust, constant support and infinite academic stimulus. I hold his willingness to accept my somewhat outof-the-ordinary approach in highest estimation. With his scientific, yet pragmatic nature he is an inspiring example, especially when law meets politics. I would also like to thank Prof. Dr. Matthias Pechstein for the swift preparation of the second opinion and his kind but ever probing questions during the defence of my dissertation. In particular, I would like to express my deepest gratitude and respect to Jo¨rg van Essen, Member of the German Bundestag. Without his constant support and encouragement this book (amongst other things!) would not have been possible. Over the years, he has become a true friend. Special mention goes to Dr. Lasse Loft: I am glad I talked you into writing a PhD thesis – and I will always be thankful for your constant motivation, fellowship and friendship during our time at the university! Ankara July 2010
Kim Eduard Lioe
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Contents
A
Comparative Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 I. Frame of Reference: Germany’s Principle of Strict Separation . . . . . . . 1 1) Historical Setting: “Only Soldiers Can Fight Democrats” . . . . . . . . . 2 a) The German Confederation . .
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