.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 74 2014 .SIAK-InternAtIonAl edItIon 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 th beginning of the 20 century, a broad va­ nation­wide police service in Austria. 75 .SIAK-InternAtIonAl edItIon 2014 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