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Sunset provision prevents abuse of power in the context of emergency legislation in Germany

Sunset provision prevents abuse of power in the context of emergency legislation in Germany

In Germany, when measures under the federal disease prevention act are implemented, the Constitution imposes a sunset provision to limit the use of extraordinary powers by security forces. These powers allow security actors like the military to take on duties outside their normal remit, if for example a 'pandemic state of emergency' is declared, as with COVID-19.

A sunset provision, or sunset law, is a clause in a statute or piece of legislation that stipulates its automatic expiration, unless further action is taken to extend it. Such an expiration may be set for the deployment of armed forces, for instance, so that parliamentarians have an opportunity to restrict and evaluate the conduct of operations and assess whether they should continue in the same manner. This framework often enhances accountability and transparency.

Germany
Research Publication
16.6 Develop Effective Accountable and Transparent Institutions