Germany is moving to overhaul the legal framework governing its foreign intelligence service, the Bundesnachrichtendienst (BND), as security officials argue that restrictive post-war laws have left the agency increasingly unable to respond effectively to espionage, terrorism and hostile state activity. The proposed reforms, however, have triggered a fierce political debate over how far Berlin can expand surveillance and intelligence cooperation without crossing historical red lines. Supporters say Germany faces a fundamentally changed security environment, with Russia, militant groups and other hostile actors operating across borders and exploiting modern technology, while German intelligence agencies remain constrained by strict legal safeguards and limited cooperation with domestic law enforcement. Marc Henrichmann, chairman of the Bundestag committee that oversees the BND, has argued that Germany’s cautious approach has left the country “behind the curve” and weakened its ability to contribute to European security. He acknowledged that the restrictions were introduced for important historical reasons following the atrocities of Nazi Germany, but said they are no longer adequate for the threats facing the country. According to Henrichmann, Germany now confronts adversaries who show little regard for democratic rules or international law and whose ambitions extend beyond putting pressure on Germany and the European Union to potentially undermining the stability of the wider West. Opponents of the reforms, however, warn that weakening legal barriers between intelligence agencies and police could lead to excessive state surveillance and threaten fundamental rights. They have invoked the legacy of the Gestapo, Nazi Germany’s secret police, arguing that security concerns must not be used to dismantle safeguards designed precisely to prevent the concentration of unchecked intelligence and policing powers. Wolfgang Kubicki of the Free Democratic Party has called for full judicial oversight of any interference with fundamental rights, while Clara Bünger of the Left-wing Die Linke has criticised what she describes as an irresponsible weakening of restrictions on cooperation between the BND and police. The debate comes as Germany reassesses its national security posture following Russia’s invasion of Ukraine and a series of intelligence failures that have raised questions about the effectiveness of its security institutions. Defence Minister Boris Pistorius has previously warned that Germany is no longer living in a period of complete peace, reflecting growing concern in Berlin that the country must prepare for a more confrontational international environment. The BND has itself faced criticism over several major intelligence shortcomings. In February 2022, its then chief Bruno Kahl was in Kyiv for meetings when Russia launched its full-scale invasion, despite earlier warnings from British and American intelligence agencies. The agency was also criticised following the Taliban’s rapid takeover of Afghanistan in 2021, which exposed weaknesses in Western intelligence assessments and contributed to the chaotic withdrawal of foreign forces and their partners. Former BND chief August Hanning has described the organisation as an “impotent watchdog”, blaming excessive bureaucracy and institutional constraints for limiting its effectiveness. Berlin therefore faces a difficult balancing act: strengthening intelligence capabilities sufficiently to confront terrorism, espionage and hostile foreign powers while preserving constitutional safeguards, judicial oversight and civil liberties. The controversy is about more than a technical reform of intelligence legislation. It touches one of Germany’s most sensitive historical questions: how can a modern democracy protect itself against increasingly sophisticated threats without weakening the democratic controls and fundamental rights established to ensure that the unchecked secret-police powers of the past can never return?
Germany wants to boost intelligence capabilities amid Russian threats
