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SIAK 4-13 Kern.Indd .SIAK-Journal – Zeitschrift für Polizeiwissenschaft und polizeiliche Praxis Wenda, Gregor (2013): Municipal Police in Austria: History, Status Quo, and Future SIAK-Journal − Zeitschrift für Polizeiwissenschaft und polizeiliche Praxis (4), 51-62. doi: 10.7396/2013_4_E Um auf diesen Artikel als Quelle zu verweisen, verwenden Sie bitte folgende Angaben: Wenda, Gregor (2013). Municipal Police in Austria: History, Status Quo, and Future, SIAK- Journal − Zeitschrift für Polizeiwissenschaft und polizeiliche Praxis (4), 51-62, Online: http://dx.doi.org/10.7396/2013_4_E. © Bundesministerium für Inneres – Sicherheitsakademie / Verlag NWV, 2013 Hinweis: Die gedruckte Ausgabe des Artikels ist in der Print-Version des SIAK-Journals im Verlag NWV (http://nwv.at) erschienen. Online publiziert: 3/2014 4/2013 .SIAK- JOURNAL Municipal Police in Austria: History, Status Quo, and Future Aside from the nation-wide 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 ment, competencies, and availability. GreGor Wenda, 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 Federa­ Austria1 is a democratic republic at the tion 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 ex­ federalist structure powers are split between plosives, and the use of firearms; […]”. The the federation and the provinces.4 The exception of “local public safety matters” federal provinces have their own authority (in German “örtliche Sicherheitspolizei”, in certain legislative matters (through the literally translated as “local security provincial parliaments) and administrative police”) is key when further discussing the matters (with the provincial governments role of 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 51 .SIAK-JOURNAL 4/2013 up to a city council or a convention of ci­ riety of municipalities still maintained tizens to introduce the appropriate security their own police force. Some were tiny, measures in their respective settlements. others were relatively big and well equipped. Cities and towns began to maintain public In addition, federal law enforcement ser­ order and safety by employing guards and vices were on the rise: Over the past de­ watchmen. Outside cities and towns, legal cades, the Gendarmerie had been reshaped and economic powers were usually under and strengthened; the first corps of federal the control of a Lord of the Manor.6 In the police officers (“Sicherheitswache”) was 19th century, the term “policing” received created in Vienna in 186913; the first “Im­ a narrower profile7 and local policing be­ perial and Royal Criminal Investigations came more professional. Various municipal 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, state-directed 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 introduc­ in 1999 in order to emphasize that the tion of the “Gendarmerie”9 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 priorities was not intended to “save” these depart­ to ensure and reassure safety in the coun­ ments forever, it mended a legal gap which tryside. The idea of local public safety had been caused by the 1991 Constitutional matters (“örtliche Sicherheitspolizei”) in reform16: With the abolishment of a pro­ the sense of the old Imperial Municipal vision in the Constitution Transition Act Act of 1862 (“Reichsgemeindegesetz”)11 (“Verfassungs-Überleitungsgesetz”), the encompassed those aspects of public se­ municipal police had temporarily lost their curity policing (in German “allgemeine legal basis and were forced to operate in a Sicherheitspolizei”, literally translated as legal grey zone for about eight years. “general security police”), which were mainly or entirely in the municipality’s 3. federaL PoLIce own interest and could be dealt with by the In 2005, all federal law enforcement agen­ municipality within their confines and with cies, i.e. the Federal Gendarmerie (“Bun­ their own means. Meeting this definition desgendarmerie”), the Federal Security was not always easy as it depended on the Corps (“Bundessicherheitswache”), and capabilities of the individual municipality. the Federal Corps of Criminal Investi­ Besides, it was sometimes challenging to gators (“Bundeskriminalbeamtenkorps”) draw the line between merely “local” and were merged into the new “Federal Police” entirely “public” safety matters.12 At the (“Bundespolizei”), which serves as the th beginning of the 20 century, a broad va­ nation-wide police service in Austria. 52 4/2013 .SIAK- JOURNAL 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 Fe­ Criminal Procedure Law redefined the role deral 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 Pre-trial 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 self-government and Directorate (“Landespolizeidirektion”), an administrative district for the province said authorities form part of the Federal and the federation.22 There are currently Police since there is no legal basis for pro­ 2,354 municipalities in Austria. This com­ vinces to maintain their own police forces. paratively high number has given rise to This is a considerable difference to other smoldering debates for some time.23 The federalist countries such as Canada, Ger­ Austrian legal system is coined by the many, Switzerland, or the United States. principle of “uniformity of municipali­ On 1 September 2012, the structure of ties”24: The same basic rights and duties Austrian law enforcement authorities should
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