UNIVERSITY OF COLOGNE

PhD student: Rebekka Stadler, B.A., M.Iur.
 

The disseration deals with policing and anti-discrimination law. Its main focus is on loopholes in protection against discrimination by police forces.

First, the dissertation takes a closer look at security measures vulnerable to being discriminating. It also looks in depth at racial profiling, particularly in cases of police stops without cause. Additionally, the dissertation takes the corresponding principals of jurisdiction into consideration.

Moreover, the constitutional and European law requirements for anti-discrimination legislation in the area of public safety are further elaborated upon. Of special interest is the applicability of EU anti-discrimination directives as well as protection gaps that arise in police law in comparison to the AGG in combating discrimination.

Finally, the main part of the paper is devoted to the question of whether an anti-discrimination law for the public administration would merely represent a declaratory concretization of the constitutional prohibition of discrimination under Article 3 (3) of the Basic Law or whether it could mean a strengthening of protection under anti-discrimination law.

The Berlin state anti-discrimination law, the only one of its kind to date, which came into force in 2020, serves as the starting point. The legal implementation of post-categorical approaches and the consideration of intersectional discrimination will be examined in particular with regard to their compatibility with the special features of the law on the prevention of danger.

The introduction of special claims for compensation, a right of action for associations under anti-discrimination law, and facilitation of evidence are also considered at the secondary and legal protection levels. The potential of these instruments will be tested against the purposes of anti-discrimination law and other constitutional standards such as legal certainty and effective legal protection.