Germany faces a constitutional bind as suspected Russian drone incursions test its airspace, with legal restrictions rooted in the country's Nazi past preventing the military from responding effectively, according to Politico.
The incidents are part of a broader pattern of airspace violations across Europe since late August, with similar drone-related disruptions reported at Copenhagen Airport in September and Oslo Airport, as well as sightings near military installations in Denmark and France.
German Chancellor Friedrich Merz stated he believes Russia is responsible for most of these sightings, noting that the drones detected carried no warheads and appeared to be conducting reconnaissance operations.
Constitution bars military from domestic operations
The Bundeswehr is largely barred from domestic security operations under Germany's post-World War II constitution. Those who drafted the document in 1949 sought to prevent a repeat of how military power was deployed against internal political opponents during the Nazi era and earlier periods, Politico reports.
Kathrin Groh, a public law professor at the University of the Bundeswehr Munich, explained that in Imperial Germany and the Weimar Republic, the army "was deployed frequently and ruthlessly, usually to strike Social Democrats and left-wing governments."
Under current law, the military can only shoot down drones over military bases. German authorities believe the Kremlin is using drones for espionage purposes, with sightings reported last year over facilities belonging to arms manufacturer Rheinmetall and chemicals group BASF. The drones observed have not carried weapons.
Police lack technical capabilities
The German police possess legal authority to shoot down such drones if necessary, but lack the technical capability to do so.
Thomas Röwekamp, chair of the defense committee in the German Bundestag, stated that "the federal police, and also almost all state police forces, currently have no capabilities whatsoever for drone defense."
The military has those capabilities but cannot deploy them domestically except in cases of major invasion, which legal experts say the current drone activity does not constitute.
Minister proposes new legislation
Interior Minister Alexander Dobrindt plans to establish a drone defense unit within the federal police and create a national drone defense center where police, intelligence authorities and the military can coordinate. He also intends to pursue legislation allowing the military to shoot down drones when lives are at risk.
The constitutionality of such legislation remains unclear. Marie-Agnes Strack-Zimmermann, who chairs the Security and Defense Committee in the European Parliament, indicated that if Dobrindt seeks more than administrative assistance from the military, the matter "will end up before the constitutional court."
Chancellor Friedrich Merz's coalition of center-right conservatives and center-left Social Democrats lacks the two-thirds majority required to amend the constitution.
