.SIAK-Journal – Journal for Police Science and Practice

Wenda, Gregor (2014): Municipal Police in Austria: History, Status Quo, and Future SIAK-Journal − Journal for Police Science and Practice (International Edition Vol. 4), 74-86.

doi: 10.7396/IE_2014_G

Please cite this articel as follows:

Wenda, Gregor (2014). Municipal Police in Austria: History, Status Quo, and Future, SIAK- Journal − Journal for Police Science and Practice (International Edition Vol. 4), 74-86, Online: http://dx.doi.org/10.7396/IE_2014_G.

© Federal Ministry of the Interior – Sicherheitsakademie / NWV, 2014

Note: A hard copy of the article is available through the printed version of the SIAK-Journal published by NWV (http://nwv.at). published online: 8/2014 .SIAK-InternAtIonAl edItIon 2014

Municipal Police in Austria: History, Status Quo, and Future

Aside from the nation­wide corps of the Federal Police, municipal police services (Gemeindesicherheitswachen) constitute a relevant pillar of law enforcement in Austria. Even though the number of forces has shrunk over the past decades, there are still 37 agencies in six out of nine provinces. Most of Austria’s major cities, including the Capital of Vienna, Graz, Linz, Salzburg or Innsbruck, are secured by the Federal Police. According to the Federal Constitution, municipal police departments must not be estab­ lished in a city with a Federal Police authority. Municipal police agencies are mostly found in medium sized cities or smaller towns and villages. Each municipal police service has between one and 45 employees and varies in terms of organization, equip­ GreGor WendA, ment, competencies, and availability. Directorate-General for Legal Affairs, Deputy Head of Department III/6 – Electoral Affairs in the Federal Ministry of the Interior, Austria.

1. IntroductIon to AustrIA of the Federal Constitution, “[t]he Feder­ Austria1 is a democratic republic at the ation has legislative and executive powers in crossroads of Central Europe.2 The head the following matters: […] the maintenance of state is a publicly elected Federal Presi­ of peace, order, and security including the dent, the head of government is the Federal extension of primary assistance in general, Chancellor. Austria numbers over 8.4 mil­ but excluding local public safety matters; lion inhabitants3; the territory with a total the right of association and assembly; size of almost 84,000 km² is divided into matters pertaining to personal status, in­ nine autonomous provinces (states): Bur­ cluding the registration of births, marriages genland, Carinthia, Lower Austria, Upper and deaths, and change of name; foreign Austria, Salzburg, Styria, Tyrol, Vorarl­ police and residence registration; matters berg, and Vienna. Due to the country’s pertaining to weapons, ammunition and federalist structure powers are split between explosives, and the use of firearms; […]”. the federation and the provinces.4 The The exception of local public safety mat­ federal provinces have their own authority ters (in German: örtliche Sicherheitspolizei; in certain legislative matters (through the literally translated as local security police) provincial parliaments) and administrative is key when further discussing the role of matters (with the provincial governments municipal police forces in Austria. being the highest authority).5 While the provinces enjoy specific executive in­ 2. HIstory of LocAL PoLIcInG fluence, they do not maintain any police Local policing in Austria can be traced competencies. According to Art. 10 (1) 7 back to late medieval times. It was usually

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up to a city council or a convention of citi­ riety of municipalities still maintained their zens to introduce the appropriate security own police force. Some were tiny, others measures in their respective settlements. were relatively big and well equipped. Cities and towns began to maintain public In addition, federal law enforcement order and safety by employing guards and services were on the rise: over the past watchmen. Outside cities and towns, legal decades, the Gendarmerie had been re­ and economic powers were usually under shaped and strengthened; the first corps of the control of a Lord of the Manor.6 In the federal police officers (Sicherheitswache) 19th century, the term policing received was created in Vienna in 186913; the first a narrower profile7 and local policing be­ Imperial and Royal Criminal Investiga­ came more professional. Various municipal tions Institute was erected in 1872.14 After police departments in Austria date back to the end of the Habsburg Empire and the this time; one example is the Baden City foundation of the 1st Republic, the Consti­ Police, which was officially created in tutional reforms of 1920, 1925, and 1929 1811.8 At the same time, state­directed law brought about a new concept of state ad­ enforcement and centralized security efforts ministration and shifted the focus of law gained increasing importance though they enforcement even more clearly to the came along with censorship and severe federal level. After the end of World War surveillance measures imposed by State II the number of municipal police depart­ Chancellor Prince Klemens Wenzel von ments constantly shrunk. As of 1 January Metternich. After the revolutions of 1848, 1992, 45 municipalities still maintained new approaches for law enforcement and their own local police service. Art. 151 (1) the control of public order were sought. of the Federal Constitution was amended One of the consequences was the intro­ in 1999 in order to emphasize that the duction of the Gendarmerie9 in the whole existence of these 45 forces was officially Austrian empire in 1849.10 Patrolling the recognized.15 Although the amendment rural areas was one of the initial prior­ was not intended to save these departments ities to ensure and reassure safety in the forever, it mended a legal gap which had countryside. The idea of local public safe­ been caused by the 1991 Constitutional re­ ty matters (örtliche Sicherheitspolizei) in form16: with the abolishment of a provision the sense of the old Imperial Municipal in the Constitution Transition Act (Verfas­ Act of 1862 (Reichsgemeindegesetz)11 en­ sungs­Überleitungsgesetz), the municipal compassed those aspects of public security police had temporarily lost their legal basis policing (in German: allgemeine Sicher­ and were forced to operate in a legal grey heitspolizei; literally translated as general zone for about eight years. security police), which were mainly or entirely in the municipality’s own interest 3. federAL PoLIce and could be dealt with by the municipal­ In 2005, all federal law enforcement ity within their confines and with their agencies, i.e., the Federal Gendarmerie own means. Meeting this definition was (Bundesgendarmerie), the Federal Secu­ not always easy as it depended on the ca­ rity Corps (Bundessicherheitswache), and pabilities of the individual municipality. the Federal Corps of Criminal Investiga­ Besides, it was sometimes challenging to tors (Bundeskriminalbeamtenkorps) were draw the line between merely local and merged into the new Federal Police entirely public safety matters.12 At the (Bundespolizei), which serves as the beginning of the 20th century, a broad va­ nation­wide police service in Austria.

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According to Art. 10 (1) 14 of the Consti­ different federal law enforcement corps to tution, “[t]he Federation has legislative and form the new Federal Police took place. In executive powers in the following matters: 2008, a fundamental reform of Austria’s […] organization and command of the Fed­ Criminal Procedure Law redefined the role eral Police; regulation of the conditions of police officers and law enforcement pertaining to the establishment and organi­ authorities in the criminal justice system.20 zation of other corps with the exception of Pre­trial investigations are now carried out the municipal corps; regulation of the con­ by the public prosecutor in conjunction ditions concerning the arming of corps and with the police.21 their right to make use of their weapons. […]“ Over 20,000 officers are part of the 4. MunIcIPALItIes In AustrIA Federal Police. The corps is regionally split Pursuant to Articles 115 to 120 of the into nine provincial police directorates Federal Constitution, the municipality (each with a traffic division, a criminal (Gemeinde) has its own area of influence investigations division, an operations as well as an area of influence assigned division, etc.).17 Approximately 1,000 by the federation or province. Hence, the police stations can be found all over the municipality is both an administrative country. Despite the name Provincial Police body with the right of self­government and Directorate (Landespolizeidirektion), said an administrative district for the province authorities form part of the Federal Police and the federation.22 There are current­ since there is no legal basis for provinces ly 2,354 municipalities in Austria. This to maintain their own police forces. This comparatively high number has given rise is a considerable difference from other to smoldering debates for some time.23 federalist countries such as Canada, Ger­ The Austrian legal system is coined by many, Switzerland, or the United States. the principle of uniformity of municipal­ On 1 September 2012, the structure of ities24: The same basic rights and duties Austrian law enforcement authorities (Si­ should apply to all municipalities, no matter cherheitsbehörden) was significantly reor­ how big or small they are. As described ganized by reducing the number of author­ above, the maintenance of peace, order, ities from 31 to 9.18 This reform was the and security is a federal competence if it latest in a row of organizational changes does not affect local public safety mat­ in the past decade: in 2002/03, a wide­ ters (in German: örtliche Sicherheits­ spread restructuring of the Federal Min­ polizei), as stated in Art. 10 (1) 7 of the istry of the Interior took place; in 2003, Federal Constitution. The term örtliche the system of police special units was re­ Sicherheitspolizei (literally translated as organized and brought under the roof of local security police) is further defined in the renowned anti­terror unit Cobra; in Art. 15 (2) of the Federal Constitution: “In addition, the Bundeskriminalamt (Federal local public safety matters, that is the part of Criminal Police Office; also referred to as public security policing which exclusively Austrian Criminal Intelligence Service) or preponderantly affects the interests of and the Sicherheitsakademie (literally the local community personified by the translated as Security Academy19) were municipality and which, like preservation created. In 2004/05, Customs Enforce­ of public decency and defense against the ment (Zollwache) was integrated into improper creation of noise, can suitably the Federal Ministry of the Interior; soon be undertaken by the community within afterward, the amalgamation of the three its local boundaries, the Federation has

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authority to supervise the conduct of these pal administration. However, the power to matters by the municipality and to redress fine and arrest somebody according to the any observed shortcomings by instructions Austrian Administrative Penal Act (Ver­ to the Governor (Art. 103). Inspectoral waltungsstrafgesetz) is not automatically authorities of the Federation can for this given to every municipal officer; specific purpose be delegated to the municipality; authorization is required to exercise such in each and every case the Governor shall powers. From a legal standpoint, an easy be informed hereof.” way is the deployment of a Municipal Police Corps, which can be used in the Art. 118 (3) of the Federal Constitution municipality’s own administrative sphere picks up the threads in defining the scope as well as to enforce other laws and regu­ of self­government of municipalities and lations for the provinces and the federation – providing their legal basis for carrying out provided there is an individual, suitable local security policing: “A municipality legal basis for such acts. is guaranteed official responsibility in its own sphere of competence, in particular 5. MunIcIPAL PoLIce for performing the following matters: […] According to the Austrian Federal Consti­ 3. local public safety matters (Art. 15 tution, Austrian municipalities are en­ para 2), local events control, titled to set up municipal police depart­ 4. administration of municipal traffic areas, ments in charge of policing matters within local traffic police, the confines of their own jurisdiction. 5. crops protection police, Their names may vary from Gemeinde­ 6. local market police, sicherheitswache or Gemeindepolizei to 7. local sanitary police, especially in the Städtische Sicherheitswache or Stadt­ field of emergency and first aid services polizei (in larger municipalities with a as well as matters pertaining to deaths city status25). The most common overall and interment, term for all municipal police services is 8. public decency, Gemeindesicherheitswachen. 37 Munici­ 9. local building police) […].” palities in six provinces26 currently maintain municipal police services with Art. 118 (6) of the Federal Constitution over 300 employees including sworn of­ further stipulates that “[t]he municipality ficers, traffic agents, and other civilians. is entitled in matters pertaining to its own The biggest police force is Baden with sphere of competence to issue on its own 45 employees, and the smallest departments initiative local police ordinances for the have only one employee. The creation and prevention of imminently to be expected organization of municipal services is no or existent nuisances interfering with local federal competence (see 5.2.). Organization­ communal life as well as to declare non­ ally speaking, municipal police depart­ compliance with them an administrative ments are subordinate to the mayor of a contravention. Such ordinances must not municipality and all members are municipal violate existing laws and ordinances of the employees. Their actions, however, are Federation and Province […].“ not only of local relevance. In fact, they are always related to the laws according The enforcement of such local ordi­ to which they operate in a specific situa­ nances and other acts of self­government tion. They serve as assisting agents (Hilfs­ comes under the umbrella of the munici­ organe or Exekutivorgane) for various

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administrative and security authorities or to be armed and/or uniformed and a squad authorities of criminal justice. organized along military lines in order to be considered a Gemeindewachkörper. As Large municipal police forces are on duty the word squad (in German: Formation) 24 hours a day and 7 days a week provid­ indicates, the force has to be of a certain ing a wide array of law enforcement ser­ size to be a true body. This is crucial as vices. Aside from regular patrol work and the system of the Federal Constitution only the enforcement of local ordinances, they mentions the corps and no other types of respond to calls according to the Security municipal police. Police Act27, carry out traffic duties, and even do investigative work. Some forces A corps (Wachkörper) acts on behalf have motorcycles, radar enforcement of the respective authority (Behörde) and groups, bicycles, e­bikes or rollerblade on the basis of specific laws. A corps is patrols. A few departments use police dogs a mere assisting body receiving its rights through canine services usually provided from the authority. The duality of author­ by the Federal Police. In contrast, smaller ities and corps has a long tradition in forces with merely one or a few officers Austrian law enforcement.28 Accordingly, usually have only limited powers. They a municipal police corps can act for a merely enforce municipal ordinances, variety of different authorities, both on conduct parking enforcement and uphold the provincial and federal level and for local public order, without interfering in the municipality itself. Art. 118a (1) of police matters pursuant to the Security the Federal Constitution prescribes that Police Act. “[f]ederal or provincial laws may provide that with the approval of the municipality 5.1. Two Categories the members of a municipal police corps According to the Federal Constitution, only may be empowered to perform executive bigger municipal police squads with the services for the competent authority”. status of a corps (in German: Gemeinde­ This empowerment is realized by differ­ wachkörper) are entitled to exercise the ent kinds of authorizations, which are laid full range of possible competencies. The down in the specific acts the police corps special status of a corps is not unique to enforce. These authorizations are granted issues concerning the municipal police. upon individual application by the muni­ According to Art. 78d (1) of the Federal cipality. Constitution, “Corps are armed or uni­ formed or otherwise militarily patterned The following examples may illustrate ‘squads’ with tasks of a police character. the wide­spread possibilities: basically Not to be considered as corps are particu­ all municipal police forces are entitled to larly the following: guard personnel es­ enforce the provisions of the Administrat­ tablished for the protection of certain ive Penal Act (Verwaltungsstrafgesetz)29, branches of soil cultivation such as agri­ which allows them to impose fines or use culture and forestry (field, crops, and forest arrest powers within the administrative protection), for mining, hunting, fishing or system. Authorization is given by the respec­ other licensed water usage, market inspec­ tive district or county administration tion officials, and fire brigades. […]”. (Bezirksverwaltungsbehörde). Accord­ Therefore, a municipal department ing to the Road Traffic Act (Straßenver­ carrying out tasks of a police nature has kehrsordnung)30, municipal police officers

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can enforce traffic laws for the district or entitled to carry out criminal investigations county administration, for which a decree and act on behalf of the criminal justice by the Provincial Government is a prerequi­ system.35 Municipal police forces not quali­ site. In order to enforce provisions of fying as a Wachkörper are technically the Motor Vehicle Act (Kraftfahrzeug­ called simple municipal guards (schlichte gesetz)31, a decree by the Provincial Gov­ Gemeindewachen). 36 As described above, ernor is required. In order to apply the their set of duties and competencies is full range of police duties – similarly to rather limited and focused on local public officers of the Federal Police – municipal safety matters. officers can be authorized to enforce the Security Police Act (Sicherheitspolizei­ 5.2. Setting up a Municipal Police gesetz); a decree of the respective Pro­ Corps vincial Police Director is necessary. This According to Art. 10 (1) 14 of the Federal major step in Austrian legislation (1999 Constitution, “[t]he Federation has legis­ Security Police Amendment Act)32 clearly lative and executive powers in the following changed the perception of municipal matters: […] organization and command police forces in Austria and subsequently of the Federal Police; regulation of the helped them evolve into equivalent part­ conditions pertaining to the establishment ners33 when it comes to the relationship and organization of other corps with the with the Federal Police. exception of the municipal corps; regulation of the conditions concerning the arming The relevant provision is Section 9 (3) of corps and their right to make use of their of the Security Police Act, which reads as weapons.” This means that law enforce­ follows: “At the request of a Municipality, ment corps can only be set up by the federal members of its municipal police corps, state – with one exception: the municipal with their consent, may be placed under police corps. Since all executive and legis­ the supervision of the district adminis­ lative powers not expressly assigned to the trative authority to provide security police federation remain with the provinces services (Section 5 (3)). Subordination (Art. 15 of the Federal Constitution), shall be effected by decree issued by the legislation regarding municipal police Provincial Police Director and shall define departments falls into their sphere. the scope of individual tasks conferred (Sections 9 to 27a), taking into considera­ Art. 118 (8) of the Federal Constitution tion the resources of the respective municipal prescribes: “The establishment of a muni­ corps. Subordination shall be restricted or cipal police corps or a change in its organi­ repealed by the Provincial Police Director zation must be notified to the Federal at the request of the district administrative Government.” It is noteworthy that the authority if the municipal police corps Federal Constitution did not grant the fails to fulfill the tasks conferred.” Today, Government a bigger role in the creation most of the bigger municipal police forces of a municipal police force. While the are authorized to enforce security police Constitution does not explain the exact laws for the competent district adminis­ legal clothing for the establishment of a tration. In accordance with Section 18 of municipal police corps, it is prevailing the Criminal Procedure Act34, municipal doctrine that a formal decision (ordinance) police corps, which were authorized to by the municipality is required.37 Since enforce the Security Police Act, are also Art. 10 (1) 14 of the Constitution confers

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the legislative power for municipal police municipalities.39 Since the Federal Consti­ matters to the provinces, it appears logical tution regards a municipal police corps as a that an appropriate provincial act is needed body deriving from a municipality, a strong as an initial basis for such a municipal link exists between the municipality’s decree. Some provincial governments individual territory and the corps’ opera­ stated they would first consider the enact­ tions. Although the municipal police can ment of a law on municipal police services be authorized to take up other duties for before creating any new police corps.38 provincial or federal authorities, these tasks However, other opinions were voiced in are always derivative and connected with recent literature and by the Constitutional individual cases assigned to them by a Service of the Federal Chancellery express­ specific Act. These authorizations do not ing the view that a municipal decree on enlarge the municipal territory and, gener­ establishing a local police corps could ally speaking, do not allow them to serve be passed directly on the grounds of the as police officers in other municipalities. Federal Constitution, without the previous Section 14 (4) of the Security Police Act enactment of suitable provincial laws. provides for an exception: “Members of a municipal police corps subordinate to the 5.3. Constitutional Limits district administrative authority to provide Art. 78d (2) of the Federal Constitution security police services may perform se­ stipulates that “[n]o other regional author­ curity police acts on its behalf within the ity may set up a corps within the area of a framework of the order to confer duties municipality in which a Provincial Police outside the territory of the municipality Directorate serves as the security author­ if otherwise the required measures cannot ity of first instance”. These municipalities be taken in time. The district police com­ were the seats of the former Federal Police mand shall be notified of such official acts Directorates, which were established in without delay.” This provision, however, the following cities: Eisenstadt (also in mainly focuses on cases of emergency and charge of Rust), Graz, Innsbruck, Kla­ a limited time span. genfurt, Leoben, Linz, Salzburg, Sankt Pölten, Schwechat, Steyr, Villach, Wels, 5.4. Other City Guards and Watches Wien, and Wiener Neustadt. For histori­ As described above, not too many Austrian cal reasons, mainly to prevent competition municipalities can draw upon their own between local and federal police corps, no police departments when performing se­ municipal police force can be set up in any curity tasks. A variety of municipalities of these major cities. This means, for in­ therefore set up local guards or watches stance, that the Vienna City Council is pro­ with limited duties or announced plans for hibited by constitutional law from forming their introduction.40 Some maintain public a municipal police force in the capital of order at weekends or large scale while Austria. others carry out night patrols in shopping areas or certain neighborhoods. In many In principle, municipal police depart­ cases, these guards or watches are merely ments are only in charge within the con­ contracted private security firms paid by fines of their own municipality. This means the respective city council. Despite their that they cannot be drawn upon by other appearance in uniforms (occasionally re­ municipalities, be it by ad­hoc request, by sembling those of police officers), their contract, or by forming an association of members do not enjoy any law enforce­

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ment powers or rights to arrest.41 They are Innsbruck (Mobile Überwachungsgruppe – not armed or only authorized to carry a MÜG) might come close to an armed po­ gun under the strict conditions of the Aus­ lice corps due to its uniforms and pepper trian Firearms Act.42 In fact, an increasing spray equipment ended with a clear mes­ number of private security officers are con­ sage from the Constitutional Service of the tracted by municipal governments to work Federal Chancellery: the MÜG does not in public spaces. Only some cities chose qualify as a corps in the sense of Art. 78d a different path and established full time of the Constitution.47 public order guards or traffic enforcement services, which are considered part of the 6. Co-operation city administration and whose members Today’s municipal police departments are directly employed by the municipality work closely with the Austrian Federal or hired by a privatized company owned Ministry of the Interior and the Federal by the city. Even in these cases, such Police, respectively, on a broad variety wardens must not be confused with a mu­ of matters. New municipal officers and nicipal police department. For historic supervisors receive the same basic training reasons, a few of these units are called as officers of the Federal Police. Municipal Ortspolizei43 or Örtliche Sicherheitswa­ and federal officers are taught together in che (basically Local Police) though they classes of the Security Academy; the mu­ are no real police services. Some large nicipal police officers’ training is paid by Austrian municipalities such as Graz or the individual municipalities. Advanced Linz founded a city­run Ordnungswache training is also regularly offered to munici­ (in English: Public Order Guard) or Ord­ pal police officers, for example in opera­ nungsdienst (in English: Public Order Ser­ tional tactics or investigative techniques. vice) since a municipal police corps was Municipal police departments are author­ prohibited due to the presence of a Federal ized to access most of the police databases Police Directorate (now a municipality in in use by the Federal Police or the Federal which a Provincial Police Directorate serves Ministry of the Interior. They are also as the security authority of first instance). connected by the same radio network and Further details on the creation of such dispatchers of the Federal Police Com­ guards depend on the respective province munications Centers can direct Municipal and municipality. For instance, the legal Police officers in cases of emergency.48 basis for the Public Order Guard of the Joint patrols of municipal and federal City of Graz is the Styrian Public Order police officers are a common picture, par­ Agent Act of 200744. The “Ordnungs­ ticularly in the larger forces in the western wache Graz” consists of unarmed agents part of Austria. Regular contacts between who are in charge of enforcing provincial a municipal police department and the and local security laws (public urinating, local station of the Federal Police in a city aggressive begging, leashless dogs, play­ or town allow a vivid exchange of infor­ ing music in public places, etc.).45 In this mation. The competencies between the context they are entitled to stop persons Federal Police and the municipal officers and check their identities, to caution, and are usually clearly defined so that parallel to issue warnings and citations. They do responses can be avoided. In many cases, not interfere in any police work and do not municipal police corps authorized to pursue any crimes. 46 Debates whether the enforce the Security Police Act only deal Mobile Surveillance Group of the City of with criminal offences not exceeding one

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year of imprisonment.49 After the Federal find themselves under increasing pressure: Police merger of 2005, most municipal Large municipal police corps54 are on duty police departments agreed to adapt their all the time, that is 24 hours a day, seven uniform50 and car designs to the patterns days a week, and 365 days a year. The of the Federal Police in order to create a smallest forces with one officer or just a similar appearance. Slight differences on few employees can only guarantee local the uniforms51 and on police car decals police presence for a limited time each (local coats of arms instead of the federal week. However, with shrinking personnel eagle) still make it possible to quickly dis­ numbers, rising overall costs, and an increas­ tinguish the different police corps. ing workload, even some of the bigger municipal departments have difficulties In recognition of a rising desire for police maintaining a full time service.55 Financial presence directly in small communities, aid from other entities than their own munici­ the Federal Ministry of the Interior has not palities is rare; only Vorarlberg subsidizes only increased the co­operation with mu­ the ten local police departments within its nicipal police forces but recently started provincial confines. Since the creation of to deploy Federal Police officers in rural a municipal police force is entirely up to communes without a police station on a the city or town itself (see 5.2.), there is permanent basis. After a pilot stage in in no obligation of either the provincial or the Burgenland in early 2013, the Ministry and federal government to provide financial the Austrian Federation of Municipalities support.56 The province of Upper Austria launched the joint initiative Safety in our even voiced doubts whether maintaining Communities on 1 May 2013. Federal po­ a municipal police department was still lice officers will be in certain small towns affordable in these days and suggested that and villages at fixed times to serve as local vacancies should not be filled any longer.57 security managers and reinforce commu­ The Neunkirchen City Administration in nity policing. They will also show up at the province of Lower Austria unveiled regular meetings and participate in mu­ plans to close its municipal police by 2021 nicipal networks.52 as officers leaving (mostly due to retire­ ments) would not be replaced.58 The city 7. future council of Bruck an der Mur in the province While the number of municipal police of Styria unanimously decided to dissolve forces has gradually shrunk over the last its city police and presented the details at decades, they still constitute a relevant a press conference on 14 February 201259. pillar of law enforcement in Austria. Over In the meantime, Bruck only has a local the past twenty years, the legislator has watch in order to handle local public safety taken numerous steps to ensure equality issues; law enforcement matters are exclu­ under public law to a large extent. In sively dealt with by the Federal Police. The addition, various forms of co­operation neighboring city of Kapfenberg, in contrast, between municipal departments and the stated that it would not follow Bruck’s ex­ Federal Police have been developed. ample but keep its 18­member municipal Municipal corps have become impor­ police corps.60 In a newspaper report of 28 tant partners for the Federal Police when February 2012, the mayors of Baden and maintaining law and order.53 Neverthe­ Amstetten in the province of Lower Austria less, in times of budget cuts and finan­ emphasized the importance of maintaining cial tension, municipal police departments separate municipal police forces.61

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Despite today’s solid legal basis for their citizen.63 The value of municipal police work and well­established contacts with forces in Austria is beyond dispute as they the Federal Ministry of the Interior and the have strong roots in their own community, Federal Police, a growing number of mu­ provide additional police presence, and nicipal police corps seems to struggle with their tasks regularly complement and financial burdens. At the same time, the exceed those conducted by the Federal introduction of private security services Police. The continuation of municipal in public space is on the rise.62 However, police departments, especially of the such security guards cannot replace a full­ smaller ones, will therefore be a significant fledged police department as they usually challenge of the forthcoming years. do not have more rights than a regular

1 The basis of this article is a talk which was 13 Sabitzer 2005a. given by the author during the conference “Pub­ 14 Sabitzer 2005b. lic Safety, Legal and Organizational Functioning 15 Federal Law Gazette BGBl. I Nr. 8/1999. of Municipal Police in Europe” on 10 October 16 Abolishment of Art. II Section 2 of the Con­ 2011 in Cracow, Poland. The text was extended stitution Transition Act (BGBl. Nr. 565/1991). and updated for publication in the SIAK-Journal. 17 www.polizei.gv.at (01.09.2013). 2 Hausmaninger 2011, 1. 18 http://www.bmi.gv.at/cms/BMI_Oeffentliche 3 http://www.statistik.at/web_de/presse/ Sicherheit/2012/07_08/files/Behoerdenreform. 059977 (01.09.2013). pdf (01.09.2013). 4 Art. 2 of the Federal Constitution. 19 The former Police and Gendarmerie Schools 5 http://www.statistik.at/web_en/classifications/ were pooled together to form a new, unified regional_breakdown/federal_provinces_laender/ academy structure for all federal law enforce­ index.html (01.09.2013). ment services and members of the public safety 6 E.g., a feudal landlord or the abbot of a monas­ administration. Hence, the neutral term Security tery. Academy was born. 7 Details on the development of the term “Polizei” 20 http://www.euro-justice.com/member_states/ are discussed in Wenda 2008, 479–482. austria/country_report/1361/ (01.09.2013). 8 The City Police celebrated the 200th birthday on 21 Austria’s criminal justice system, http://www. 2 July 2011 with a large public event, see: Wenda justice.govt.nz/publications/global-publications/ 2011a, (http://www.bmi.gv.at/cms/BMI_Oeffent a/alternative-pre-trial-and-trial-processes­ licheSicherheit/2011/09_10/files/Baden.pdf). for-child-witnesses-in-new-zealands-criminal­ 9 The term Gendarmerie stems from the French justice-system/appendix-c-austrias-criminal­ gens d’armes (i.e., men-at-arms). In Napoleonic justice-system (01.09.2013). times, the Gendarmerie, which was formed along 22 http://www.statistik.at/web_en/classifications/ military lines, gained importance as a police body regional_breakdown/municipalities/index.html and was introduced in a variety of European (01.09.2013). countries. 23 For instance, the province of Styria merged a 10 Hesztera 2005. number of municipalities in 2012/13 and plans 11 Reichsgemeindegesetz of 5 March 1862, RGBl the amalgamation of numerous additional ones, Nr. 18. http://steiermark.orf.at/news/stories/2598245/ 12 Jäger 1990, 8. (01.09.2013).

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24 The principle, which is called Prinzip der Ein­ of starting a common municipal force in all ten heitsgemeinde, has been repeatedly stressed by municipalities. The Constitutional Service of the Austrian Constitutional Court (see Neuhofer the Federal Chancellery expressed the opinion 1998, 59). (GZ: BKA-603.407/0001-V/2/2008, dated 8 April 25 A city (Stadt) is usually a larger municipality 2009) that such a deployment of a shared munici­ though the size may differ from province pal police corps was unconstitutional, http:// to province and is often historically based. vbgv1.orf.at/stories/362655 (01.09.2013). There is no general threshold to achieve city 40 Some municipalities in the province of status. According to the Austrian Association Carinthia introduced private security guards of Cities and Towns (Österreichischer Städte­ with financial support from the provincial bund), more than 50 % of the Austrian population government. The responsible member of the pro­ live in urban areas and 44.5 % live in cities with vincial government of Carinthia announced on 10,000 and more inhabitants. 24 January 2012 that the city of Wolfsberg would 26 Lower Austria: Amstetten, Baden, Gmünd, be the first to receive assistance of such private Neunkirchen; Upper Austria: Bad Ischl, Brau­ sheriffs; the cities of Villach and Klagenfurt were nau, Gmunden, Ried im Innkreis, Schärding, said to be next in line (see Friedl/Moser 2012). Traun, Vöcklabruck; Salzburg: Hallein; Styria: 41 Except the citizens’ arrest governed by Section Bruck an der Mur (not much longer), Fürsten­ 80 (2) of the Criminal Procedure Act (Strafpro­ feld, Kapfenberg, Weiz; Tyrol: Hall, Imst, Kirch­ zessordnung 1975, BGBl. Nr. 631/1975). berg, Kitzbühel, Kufstein, Landeck, St. Anton am 42 Waffengesetz 1996, BGBl. I Nr. 12/1997. Arlberg, Schwaz, Wattens, Wörgl, Westendorf; 43 For example in the city of Serfaus, province of Vorarlberg: Bregenz, Bludenz, Dornbirn, Feld­ Tyrol. kirch, Götzis, Hohenems, Kleinwalsertal, Luste­ 44 Gesetz vom 18. September 2007 über die Be­ nau, Rankweil, Schruns. stellung von Aufsichtsorganen (Steiermärkisches 27 Sicherheitspolizeigesetz, BGBl. Nr. 566/1991. Aufsichtsorgangesetz): http://www.graz.at/cms/ 28 Demmelbauer/Hauer 2002, 15–16. dokumente/10199695_4932409/01aca25f/Auf 29 Verwaltungsstrafgesetz 1991, BGBl. Nr. 52/1991. sichtsorgangesetz.pdf (01.09.2013). 30 Straßenverkehrsordnung 1960, BGBl. Nr. 45 The Ordnungswache of the City of Graz was 159/1960. moved under the umbrella of the Grazer Park­ 31 Kraftfahrgesetz 1967, BGBl. Nr. 267/1967. raumservice – GPS in 2013. While GPS still 32 Federal Law Gazette BGBl. I Nr. 146/1999. maintains two separate sections for local order 33 Wenda 2011c. tasks and parking enforcement, the personnel 34 Vogl 2010, 26–27. is always drawn from GPS, a private company 35 In practice, most municipal police corps do not owned by the City of Graz (http://www.parken. intervene in any criminal cases for which the law graz.at/). prescribes punishment of more than one year in 46 http://www.graz.at/cms/beitrag/10199695/ prison. 4932409/ (01.09.2013). 36 Hauer/Keplinger 2011, 102, commentary Sec­ 47 Tiroler Tageszeitung, 22.04.2013, http:// tion 5. www.tt.com/Überblick/6449525-42/persilschein­ 37 Faber 1999, 830 et seq.; Keplinger 1992, 29 für-die-müg.csp. et seq. 48 Wenda 2011b. 38 According to representatives of the Austrian 49 As based on the respective decree of the com­ municipal police corps, the province of Vorarl­ petent Provincial Police Director. berg is one of them. 50 The Baden City Police decided to obtain their 39 Around 2007/2008, the municipalities in the uniforms from the Hamburg (Germany) Police. Montafon area of Vorarlberg toyed with the idea All other municipal police departments purchase

84 2014 .SIAK-InternAtIonAl edItIon

their uniforms from the same suppliers as the Faber, R. (1999). Die Neuordnung der Gemein­ Federal Police. dewachkörper durch die B-VG-Novelle 1999, 51 Municipal police officers use different local ZfV 1999, 828. symbols or coats of arms on the shoulder patches Friedl, F./Moser, E. (2012). Privater Wachdienst and cap badges. soll kommen. Kleine Zeitung, “Kärnten” issue, 52 See the initiative Safety in our Communities, 25.01.2012, 14–15. http://gemeindebund.at/rcms/upload/down Hauer, A./Keplinger, R. (2011). Sicherheitspoli­ loads/Projektbeschreibung_Sicherheitinunseren zeigesetz, Wien. Gemeinden.pdf (01.09. 2013). Hausmaninger, H. (2011). The Austrian Legal 53 Herbert Anderl, former Director-General for System, Wien. Public Safety of the Federal Ministry of the In­ Hesztera, G. (2005). Flammende Granate, Ge­ terior, called the municipal police departments schichte der Gendarmerie, Öffentliche Sicherheit important partners of the Federal Police at a (12A), 111–117. municipal police convention in Vorarlberg on Jäger, F. (1990). Das große Buch der Polizei 13 October 2011 (Wenda 2011c). und Gendarmerie in Österreich, Graz. 54 The largest municipal police department in Keplinger, R. (1992). Zwei grundlegende Fragen Austria is the Baden City Police with 45 members. zu den Gemeindewachen, ÖGZ (10). 55 The Bludenz City Police had to cancel the Neuhofer, H. (1998). Gemeinderecht, Wien. night shifts at the beginning of 2012 due to budget Pototschnig, F. (2012). Kapfenberg will seine cuts (Vorarlberger Nachrichten, Alpenstadt ver­ Stadtpolizei behalten, Kleine Zeitung, “Steier­ mietet Stadtpolizei, 13.02.2012, A7). mark” edition, 17.02.2012, 31. 56 The Bad Ischl City Police called for three Sabitzer, W. (2005a). Zivilinstitut Sicherheits­ additional officers and financial support from wache, Öffentliche Sicherheit (12A), 91–101. the province. The city passed a resolution which Sabitzer, W. (2005b). Individuen ohne Montur, was submitted to the province of Upper Aus­ Geschichte des Kriminaldienstes, Öffentliche tria (Kronen Zeitung, Upper Austria edition, Sicherheit (12A), 102–110. 17.02.2012, 28). Stolzlechner, H./Horvath, T. (2009). Sicherheits­ 57 Oberösterreichische Nachrichten, Land will verwaltung und Privatwirtschaft, Part 1, SIAK- Nachbesetzungen bei Sicherheitswachen unter­ Journal (4), 67–81. binden, 21.09.2011, 33. Stolzlechner, H./Horvath, T. (2010). Sicherheits­ 58 http://kurier.at/nachrichten/niederoesterreich/ verwaltung und Privatwirtschaft, Part 2, SIAK- 4486568-stadtsheriffs-unter-der-finanzlupe.php Journal (1), 17–26. (28.02.2012). Terpstra, J./van Stokkom, B./Spreeuwers, R. 59 Kleine Zeitung, 15.02.2012 (http://www.kleine­ (2013). Who Patrols the Streets? An Interna­ zeitung.at/steiermark/bruckandermur/2948312/ tional Comparison of Plural Policing, The stadtpolizei-bruck-aufgeloest.story). Hague. 60 Pototschnig 2012. Vogl, M. (2010). Wiener Kommentar zur Straf­ 61 http://kurier.at/nachrichten/niederoesterreich/ prozessordnung, § 18, Wien. 4486568-stadtsheriffs-unter-der-finanzlupe.php. Wenda, G. (2008). Gedanken zur Schnittstelle 62 See Terpstra/van Stokkom/Spreeuwers 2013. von Polizeiwissenschaft und Verwaltungswis­ 63 See, inter alia, Stolzlechner/Horvath 2009 and senschaft in Österreich, Festschrift Machacek- Stolzlechner/Horvath 2010. Matscher, Wien/Graz. Wenda, G. (2011a). 200 Jahre Stadtpolizei, Sources of information Öffentliche Sicherheit (9–10), 37–38. Demmelbauer, J./Hauer, A. (2002). Grundriss Wenda, G. (2011b). Partner der Bundespolizei, des österreichischen Sicherheitsrechts, Wien. Öffentliche Sicherheit (11–12), 13.

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Wenda, G. (2011c). Partner für Sicherheit in den Sabitzer, W. (2008). Lexikon der Inneren Sicher­ Gemeinden, Kommunal (12), 24. heit, Wien/Graz. Thanner, T./Vogl, M. (2013). Sicherheitspolizei­ Further literature and links gesetz, Wien/Graz. Pürstl, G./Zirnsack, M. (2011). Sicherheits­ Wenda, G. (2013). Commentary on Section 14 polizeigesetz, Wien. SPG, in: Thanner, T./Vogl, M. Sicherheitspoli­ Raschauer, B. (2009). Allgemeines Verwaltungs­ zeigesetz, Wien/Graz. recht, Wien.

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