of the pillars of the free and democratic order (freiheitliche demokratische Ordnung)
within their sphere of competence, subject to compliance with the requirements set
by the rule of law. Most notably, this includes pursuing the fundamental objectives
of the state that are security and protection of the population (cf. BVerfGE 115, 320
<358>).
The constitutional order, the existence and the security of the Federation and of the
Laender, and life, limb and freedom of the person are legally protected interests of exceptionally significant constitutional weight. Accordingly, the Federal Constitutional
Court has emphasised that the security of the state, as the sovereign authority guaranteeing peace and order, and its duty to ensure – in conformity with respect for human dignity and the inherent value of the individual – the security of the population
constitute constitutional values whose rank equals that of other protected constitutional interests of paramount importance. Thus, the state is under a constitutional
obligation to protect the life, the physical integrity and the freedom of the person (cf.
BVerfGE 49, 24 <56 and 57>; 115, 320 <346 and 347>; 120, 274 <319>; 141, 220
<267 and 268 para. 100>).
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The state complies with this duty by countering threats stemming from terrorist endeavours, for example. Crimes of a terrorist nature aim at destabilising society, and
resort to ruthless instrumentalisation of individuals for the purpose of carrying out indiscriminate attacks against the life and body of others. These crimes are directed
against the pillars of the free and democratic order and against society in its entirety.
Providing effective means of investigation for the purpose of averting such crimes is a
legitimate aim and of great importance for the democratic and free order (cf. BVerfGE
115, 320 <357 and 358>; 133, 277 <333 and 334 para. 133>; 141, 220 <266 para.
96>).
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In order to maintain the internal and external security of the Federal Republic of Germany, the Basic Law (Art. 45d, Art. 73(1) no. 1 letter b, Art. 87(1) second sentence
GG) expressly permits the establishment of agencies for the protection of the Constitution (Verfassungsschutzbehörden) and of intelligence services. Intelligence services are a manifestation of the Basic Law’s principal endorsement of a “fortified”
democracy (wehrhafte Demokratie), and of the purposeful assertiveness of the state
under the rule of law. Therefore, they are an integral part of the security framework of
the Federal Republic of Germany […].
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The Federal Government is responsible for determining the overall strategic approach of activities carried out by intelligence services, and thus it is also competent
to decide on the international cooperation between intelligence services. This is in
line with the principle that state functions be assigned to the appropriate organ (organadäquate Funktionenzuweisung). […] Moreover, it is also the responsibility of the
executive government to ensure the functional capacity of the intelligence services.
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(2) To increase the effectiveness of gathering and evaluation of information on matters of foreign and security policy significance, German intelligence services cooper-
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