Personal risk prevention in police law

• Applicant: Dr. Benjamin Rusteberg
• Subject Area: Public Law
• Term: from 2015 to 2020
• Project identifier: Deutsche Forschungsgemeinschaft (DFG) - Project number 270317115

The goal of the project is to develop a doctrine of personal risk prevention. The study focuses on the sanctions of police law, which take the prediction, that a certain person will breach the law in the future, as a base for interfering with that person`s fundamental rights. The project not only concerns measures for gathering information but also sanctions that prohibit otherwise socially accepted activities for persons, who are deemed dangerous. The prohibition rests on the prediction that the person would otherwise use the situation resulting from the prohibited action for further actions, which are universally prohibited regardless of the person who commits the action. Such sanctions range from preventive detention through the requierement of >>reliability<< in commerce law to the aptitude to steer a vehicle. The goal of the project is not to propagate a new type of security measures. Rather, at the moment ,despite being an inherent part of police law, the multitude of the problems aligned with these sanctions is not recognized by jurisprudence. Therefore the project wants to identify and analyze an already ongoing practice and as a result reconcile this practice with constitutional and legal demands.

• DFG Programme: Research Grants