The term air security concerns in the field of civil aviation on the defense against external threats. As external threats in particular hijacking, acts of sabotage and other, such as terrorist attacks or tampering are motivated. Aviation security is to be distinguished from air traffic control, which is used to secure traffic control in the airspace (special police function). In English usage, the distinction is easier: there is in aviation security aviation security, while Safety refers to operational and technical risks.
In Germany, the aviation security measures are regulated by federal law. Until the beginning of January 2005, there were corresponding paragraph of the Aviation Act ( LuftVG ). By 15 January 2005, a more specific aviation security law ( Aviation Security Act ) applies.
The preventive core tasks can be summarized in five points:
- § 5 Aviation Security (formerly § 29 c LuftVG ) determines the duties and powers of the air safety authorities, including the search of the passengers and baggage
- § 7 Aviation Security (formerly § 29 d LuftVG ) governs the process of background checks, which must be every person to undergo that actively takes part on the air and in addition all those who want to travel in safety-critical airport areas. The background check must be repeated at the expense of the requesting person since January 1, 2009 every 5 years.
- § 8 Aviation Security (formerly § 19 b LuftVG ) regulates the self- assurance obligations of airport operators ( colloquially: Airport security )
- § 9 Aviation Security (formerly § 20 a LuftVG ) regulates the self- assurance obligations of air carriers
- § 12 LuftSiG transmits the pilot safety responsibility
In another section, the Aviation Security Act regulates the use of the Air Force. This part is particularly controversial.
In the legislative process, countries have called the Conciliation Committee. On 24 September 2004, the Bundestag overruled the objection of the Bundesrat. At issue was, inter alia, the process of the federal government, the bill of one act approving an appeal law " downgrade " by which countries in fact the " veto " has been withdrawn. The President has the new law tested unusually long (two months), mid-January 2005 it signed, but at the same time recommended a constitutional challenge. He pointed to two critical points which had also displeased some countries, namely the legitimacy of the launch of aircraft and the deployment of the Bundeswehr without constitutional amendment. In the above preventive core tasks, however, the Aviation Security Act does not bring profound changes.
On 15 February 2006, the Federal Constitutional Court declared parts of the Aviation Security Act unconstitutional. So the controversial launch permission for hijacked passenger aircraft was discarded because a set-off of life against life with the Basic Law is not compatible. Even aircraft in which certain are only terrorists, and used as a weapon may be fired by the Bundeswehr after a constitutional amendment, since the deployment of the Bundeswehr inside is not allowed.
The Aviation Security Act, § 7, of the private pilot calls in particular a periodic background check was not complaining and accordingly has not changed. Fight against this section some air athletes because they see their constitutional rights affected here.
Another legislative competence in matters of air safety lies with the European Union. An EU regulation is directly applicable, even without ratification by the national parliament. Thus, the EU has the final say in matters of air safety.