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Exit bans to protect Germany’s reputation?A legal analysis or a glimpse into the future? 
In response to my thoughts on the house search at a Munich fraternity, I received a private message in which I was asked the following question: "If it’s about protecting Germany’s reputation, I immediately wonder how that fits with the normal vacation season?" The question was certainly meant ironically, but in my impression, it also had a serious background—likely intended by the sender. After all, if one can prohibit a German citizen from leaving the country based on § 10 (1) sentence 2 in conjunction with § 7 (1) no. 1 of the Passport Act, on the grounds that their departure endangers significant interests of the Federal Republic of Germany because it could harm its reputation abroad, then this opens the floodgates to virtually arbitrary travel bans. For example: "Booze tourism to Mallorca and the notoriously decadent behavior of German holidaymakers at the resorts there endanger the reputation of the Federal Republic of Germany. We have reason to believe that you, too, will behave like a bull in a china shop while in Mallorca. We cannot be seen abroad with people like you. Therefore, your departure is prohibited." And I think a bit further. How about a travel ban with the following reasoning: "Your intended trip to the holiday islands in the Mediterranean contributes to obstructing the realization of Germany’s climate goals and therefore endangers significant interests of the Federal Republic of Germany. We have reason to believe that you will not consider using any other means of transport besides an airplane. Therefore, you are forbidden to leave the country." To those who now accuse me of giving the authorities bad ideas, I would reply: I wouldn’t be surprised if the templates for such notices are already stored in the drawers (or on the computers) of the responsible offices. It would certainly fit with the previous communication strategy of politicians and mainstream media, which suggest to us daily that we have wrecked the climate with our lifestyle and must now do penance in sackcloth and ashes by giving up everything that’s fun (vacation), tasty (meat), or makes everyday life easier (cars). For decades, I myself was impressed by these appeals. Until I realized that (1) inducing guilt is a common propaganda tool, (2) influential players are making a lot of money off the media-driven climate doctrine, and (3) the artificial inflation and scarcity of energy are bringing many businesses and private individuals to the brink of ruin. What I want to express at the core of this text: The very broadly defined legal basis for an exit ban in § 10 (1) sentence 2 in conjunction with § 7 (1) no. 1 of the Passport Act poses a dangerous gateway for state overreach against people who harbor no harmful intentions but whose thoughts and actions—for whatever reason—displease the current federal government. Certainly: A functioning administrative judiciary will curb this potential for abuse through a narrow interpretation of the provision and rein in an overreaching executive. But unfortunately, both during the COVID period and in the current treatment of sharp criticism of politicians by German criminal courts, we have had to experience that people in this country can no longer rely on the judiciary to protect their fundamental freedoms.
Author: AI Translation - Martin Schwab | 01.07.2025 |
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