Germany s New Security Architecture? Long-Term Unemployed and Rent-a-Cops

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1 146 Volker Eick Germany s New Security Architecture? Long-Term Unemployed and Rent-a-Cops Volker Eick * In 2009, the German government published its Program Internal Security: 2008/2009 Update. Introduced in 1974, it was last amended in 1994 (Ständige Konferenz, 2009). The program, enacted by the Federal and State Secretaries of the Interior (the Interior Minister s Conference), developed a security architecture to account for globalization processes in the society, economy, and policy, and for perceived threats and challenges such as the wealth gap, the influence of the European Union, higher engagement of the German police forces abroad, demographic change, and scarce resources in the face of high demands (Ibid.: 6). In contrast to the 1994 program, one of the most significant changes was the integration of private security companies into what to date had been a strictly state security architecture. The enterprises within the service spectrum of private security provision are part of the security architecture in Germany (Ibid.: 25). The new security architecture now rests upon an additional 3,500 for-profit companies. This decision is important as it clarifies, at least for the German context, what the police extended family (Johnston, 2003), or extended policing family (Crawford and Lister, 2004) looks like, once such alleged networks or nodes of governance are appearing in an institutionalized and hierarchisized form. In Germany, this extended family 1 also includes municipal public-order forces that have been growing significantly since the early 1990s, but are not yet part of the new security architecture. This lack of integration is perceived as an open flank in the security architecture and has been sharply criticized by the German public service s largest monthly newspaper (Lehmann, 2011: 7). Compared to those of the state police, the salaries offered by private firms are distinctively poorer. The reach of the latter now includes the control of stationary and moving traffic, and command over the parks and public squares frequented by marginalized groups. Recently, larger public fire brigades, the Federal Agency for Technical Relief (THW), and the Federal Agency for Digital Radio of Security Authorities and Organizations (BDBOS) have been integrated into the policing family and the new security architecture. Thousands of long-term unemployed are currently being appointed * Volker Eick is affiliated with Freie Universität Berlin, John F. Kennedy-Institute, Department of Politics ( 146 Social Justice Vol. 38, Nos. 1 2

2 Germany s New Security Architecture 147 as safety and security guards in German cities under the guidance of nonprofits through work (re)integration measures based on workfare (Eick, 2011a). In these parapolicing deployments, the long-term unemployed become involuntary involved through Hartz IV, a labor-market integration scheme. They are activated as neighborhood runners, square masters, area watch, urban ambassadors, or residential supervisors (Eick, 2008a; 2011a). When a recently established activation project equipped its personnel with red jackets and black berets, some media (unjustifiably) spoke of a recurrence of the Guardian Angels (Le Ker, 2011), which had been a short-lived phenomenon in Germany (Beck, 2004). 2 More likely, ordinary citizens will staff volunteer (unsalaried) militias, police forces, Security Partnerships, Volunteering Police Services, Security and Order Partnerships, or Neighborhood Watch Committees (Pütter and Kant, 2000; Eick, 2008a). With or without police guidance, parts of the populace assume security tasks and patrol villages, towns, and cities in the name of security and in support of neat neighborhoods. With 165,000 employees in 3,500 companies, private security companies constitute the second-largest force after the state police (Eick, 2008b). This article analyzes Germany s allegedly new security architecture and its respective cornerstones : a commercial element, private security officers, and the workfare parapolice of activated, long-term unemployed. Together, they form an extremely dangerous critical infrastructure. First, rent-a-cops and the workfare parapolice represent the lowest end of a highly profitable security market. Their wages and qualification levels are extremely low, and the legal justification for their deployment is very thin. Second, this merging of two previously distinct spheres, labor-market (re)integration and internal security, is a neoliberal response to the economic crisis. Third, at stake are concerns over transparency, democratic control, and civil and human rights. Fourth, the underlying neocommunitarian ideologies that come with the deployment of such forces could be characterized as a caretakerization of the urban populace. Since the mid-1970s, private security companies have successively penetrated public space in Germany and started to connect with state police (Hoffmann-Riem, 1977; Beste, 2000; Olschok, 2002; Eick, 2006a, 2007; Briken, 2011b). In German cities, these family members are now ubiquitous. For most residents, they are indistinguishable from one another and from the police, which do not necessarily oversee their private-sector counterparts. A common feature of their duties is that of providing Sauberkeit, Ordnung, and Sicherheit, or cleanliness, order, and security (SOS services) to their customers. The Diffusion of Workfare and Policing A May 2009 New Left Review article on the neoliberal politics of the Red-Green coalition rightly states that German Social Democracy had finally steeled itself to the social retrenchment and deregulation of the labor market from which Christian Democracy, throughout its long years in power, had flinched (Anderson, 2009:

3 148 Volker Eick 8). And the conservative daily, the Frankfurter Allgemeine Zeitung, stressed that the German low-wage sector has been rapidly growing during bygone years. This development was politically intended and has been initiated by the Red-Green federal government with its Agenda politics (Astheimer, 2010: 12). By autumn 2003, the Red-Green federal coalition had passed a package of measures, dubbed Agenda The Agenda comprised the standard ingredients that Jessop (2002) and others (Brenner and Theodore, 2002; Brenner et al., 2003; Leitner et al., 2007) characterize as actually existing neoliberalism : cutting the dole, raising the retirement age, outsourcing health insurance, reducing subsidies, abolishing craft requirements, extending shopping hours, and extending the low-wage sector (cf. Anderson, 2009; Eick, 2011a). This has been camouflaged by the notion that there is no alternative (TINA) to these decisions if the country is to cope with, overcome, and/or prevent an economic crisis. These politics continue today and have been intensified by the Black-Yellow coalition (the Christian Democrats, or CDU, and the Free Democrats, or FDP), whose credo remains a neoliberal austerity strategy. The persistent and increasing commodification of society is enforced by privatization, deregulation, and liberalization (Jessop, 2002). Nation-states compete socioeconomically with each other, as well as with regions, cities, and even districts. Within these processes, all political fields of action, including criminal and security policies, have been subsumed under the logic of manageralism and are subject to the primacy of economic indices. Management methods have been developed for the police (Shearing, 1992; Gaston and King, 1995; Magers, 2004; Barthel and Schmitt, 2008), whose concerns encompass everything from criminal prosecution and protection against threats to public safety to local crime prevention, the latter dealing with subjective feelings of insecurity, and controlling the deteriorating neighborhoods of the urban poor (Kury, 1997; Hughes, 1998; Crawford, 2009). In addition, the urban quarter and the street take center stage in criminal prosecution and security politics, with the claim that space has criminalizing effects (Belina, 2007; in this volume). Attempts to tackle long-term unemployment also attacked the long-term unemployed by characterizing them as unwilling to work and in need of being activated. Thus, justifications for workfare and labor-market policies matched those for security politics. The linked programs that were initiated thus intermingled security and order politics with workfare in urban spaces (Eick, 2011a). Within this process, workfare and security provision have become increasingly indistinguishable, framed by the ineluctable logic according to which the social and security must be commodified, or converted into a product. Despite significantly different backgrounds in terms of qualifications, legal authorization, wages, and status, a particular division of labor has evolved among the police, rent-a-cops, and the long-term unemployed in One-Euro-Jobs (Briken, 2011b). Indeed, they perform very similar tasks. It is not accurate, though, to qualify that division of labor as a withdrawal of the police from ordinary surveillance

4 Germany s New Security Architecture 149 and attendance occupations, or even as a retreat from enforcing particular norms (Behr, 2008: 59). The opposite is true, for instance, in the federal German program, the Socially Integrated City, with its 570 program areas (BMVBS, 2008; Eick, 2011a), and in the less-standardized Crime Prevention program, with its over 2,000 officially recognized crime prevention committees (BKA, 2006; Eick, 2011b). In each of these programs, the police are perceived as the partner (Pütter, 2006: 203, ). Following Osborne und Gaebler s (1992: 25) adage, the police are steering rather than rowing, without pulling back forces from public urban spaces. However, they must work with different and comparably new stakeholders who provide the same product, security, with the proviso that it is either possible to make money or reduce expenses with this product. The management of private security businesses and those in the employment industry focus on this market. Diffusion of the New Security Architecture In official readings, any work is better than no work (Blair and Schröder, 2000: 13). And, to paraphrase Franz von Liszt, the best criminal policy is a sagacious social policy, in which a peripheral labor market has emerged that provides cleanliness, order, and security in public space. The Hartz IV laws ended the insurance-type principles of social protection and introduced the obligation to take any job regardless of the wage level or one s qualifications. Thus, the long-term unemployed must accept any workfare offers. According to the new law, one cannot reject a new job because it is inferior in terms of formal qualifications or previously occupied positions. Wage levels can also be below local standards or collective bargaining agreements. These changes in legal entitlements and sanctioning are the second push factor to activate jobseekers (see Knuth, 2009, for a detailed, if somewhat idealistic, overview of Hartz IV; see Peck, 2001, on workfare). Just as Giddens (1998: 65) formulated the motto for the Third Way in the United Kingdom no rights without responsibilities the key principle of the new approach to labor market (re)integration in the German workfare system is encapsulated in its slogan Fördern und Fordern (support and stipulate). In this market, hundreds of thousands of male and female workers commute between MiniJobs ( 400 to 800 per month), unemployment, temporary employment, One-Euro-Jobs (which amount to an allowance), and renewed unemployment (see Krinsky and Simonet, in this volume). New family members accrue to the established actors in security, and cooperate with, are co-opted by, or compete with the police and each other. Institutions that primarily insure what the ruling elites demand and perceive as internal security are now subject to changes best captured by the term the new security architecture (Eick, 2008b; McGauran, 2008). They would better be described as tumors on the periphery, beyond democracy and the Rechtsstaat the legal state under the rule of law. Since the 1970s, significant trends in the evolution of the German state police have been evident: an intensified orientation toward

5 150 Volker Eick crime prevention and the primacy of the executive (over the legislative and judicial pillars of law enforcement), the centralization of all security agencies, and a Federal Police that integrates police and intelligence services (Kommission, 2010). Such developments further augment the intelligence functions of the police and the policing functions of intelligence services (Pütter, 2008; Brown, 2009; Brodeur, 2010). In Europe, the growth of quasi- or parapolicing organizations 3 was initially observed in the United Kingdom and is associated with the danger of Balkanization (Blair, 2002: 31). 4 As part of the extended policing family (Crawford and Lister, 2004), the phenomenon has been discussed within the social sciences as nodal policing (Shearing, 2005) or third-party policing (Buerger and Mazerolle, 1998; Eick, 2008a: 82). Since the 1990s in Germany, the evolving security structure encompasses more heterogeneous stakeholders who are cognizant of the (re) production of security. There are some 265,000 state and federal police, 40,000 customs officials, 5 about 30,000 officers in 22 intelligence services (Päffgen and Grathwohl, 2009), tens of thousands of operatives within municipal public-order offices working in public spaces (Lehmann, 2011), and militia-like organizations that are sometimes guided by the police, and sometimes not (Pütter and Kant, 2000; Eick, 2008a). Examples include the Bürgerhelfer (citizen aides), Sicherheitspartner (security partners), Freiwillige Polizeidienste (voluntary police services), or Kriminalpräventive Räte (crime prevention committees). 6 A profit-oriented, private security industry has significantly expanded since the 1990s (Olschok, 2004; Eick, 2006a). For the first time, the status of rent-a-cops was heightened by their inclusion in the updated Internal Security Program. About 170,000 employees within the private security business are now officially a component of the security architecture (Ständige Konferenz, 2009: 25; Olschok, 2010: 57 58). Within the framework of the Red-Green coalition s Agenda 2010 (Anderson, 2009; Knuth, 2009; Eick, 2011a), nonprofits concentrating on labor market integration of long-term unemployed became involved in workfare schemes financed by the federal Public Employment Service, the states, municipalities, and even the European Union (Eick et al., 2004). As noted, the Hartz IV law created workfare schemes that include deploying the long-term unemployed as Nonprofit- Cops, especially in disadvantaged areas (Eick, 2011b; Lehmann, 2011) to assure cleanliness, order, and security, or SOS services (Eick, 2011a). The profit-oriented security industry and the employment industry compete for market share in the arena of SOS services. Due to institutional changes in the state and the outsourcing of former state responsibilities in security and welfare provision, external provisions are in high demand. Personnel in a post-industrial economy experience persistently increasing flexibility requirements, low wages in the service industry, and workfare. 7 In the private security industry (Briken, 2011a, b) and the charitable employment industry (Eick et al., 2004; Eick, 2011a), labor-market

6 Germany s New Security Architecture 151 integration for most workers does not translate into safe or secure employment, but rather into a worsening of their already unstable and insecure situations. Police Fantasies and Commercial Security In Germany, the demand for security soared throughout the last three decades (Olschok, 2004; Eick, 2006a; Briken, 2011b; cf. Jones and Newburn, 2006). At the beginning of the 1990s, about 900 private security companies shared this market and employed 56,000 security guards (Olschok, 2004: 16). By 2009, 3,600 companies and about 170,000 employees generated an annual turnover of 4.5 billion euros (Briken, 2011b; cf. Eick 2008b). The outsourcing of the in-house activities of private companies and state administrations may perhaps explain the bulk of this growth. Moreover, the annexation of the former German Democratic Republic in the early 1990s opened new markets for private security companies, since private policing was permitted there only after the Wall came down (Niggl, 2010). The events of September 11 further extended the market (Olschok, 2004). Less visible is the qualitative change within the sector, with the opening up of new business portfolios in fields such as crime prevention, inspired by urban politics, prison management, surveillance and control of housing estates and rural regions, as well as the management of maritime security. Further, the panoply extends to police-private partnerships, in which the state police and rent-a-cops jointly patrol airports, railway stations, shopping malls, sports facilities, and pedestrian zones, i.e., mass private property and public spaces alike (Stober, 2000; Kirsch, 2003; Kempa et al., 2004; Eick, 2006a; Braun, 2007; BDWS, 2010: 4). From a different angle, Rigakos (2005: ) developed a labor-based typology of the overlapping tasks of public and private police activity to categorize the wide breadth of human labor involved in policing (Ibid.: 303). 8 His approach has merit, especially because it becomes increasingly difficult to maintain old divisions between public and private policing (Ibid.). In this article, however, to better understand current trends in German policing I show that it is critically important who is policing whom and where they do so. The Deterioration of Rights and Responsibilities Based on Rigakos (2005; cf. Belina, in this volume) findings, and given the extensive increase in profit-oriented security companies by late 2009, it would be consistent for this sector to be defined as part of the security architecture (Ständige Konferenz, 2009: 6). Examining this pillar in terms of its constitutional, juridical, political, and socioeconomic dimensions, however, shows that it rests on shaky foundations. From a juridical standpoint, among the countries of the European Union, Germany, Austria, and Cyprus lack legislation to regulate the private security industry. Prerequisites for issuing concessions find legal expression in the German

7 152 Volker Eick Trade Act, or Gewerbeordnung ( 34a, GewO), and in the Security Services Act, or Bewachungsverordnung ( 8 15). The trade law was adjusted at the operational level in 2002 through a mandatory, general competency exam (Sachkundeprüfung) for control functions in public space, but the deployment of rent-a-cops in public spaces has not been meaningfully critiqued. Nowhere is it explicitly stated which tasks private security companies may carry out in private and public spaces, which tasks they must refrain from, or under which conditions they can be deployed. 9 The last attempt at legislative regulation was in 1995, when the SPD (Sozialdemokratische Partei Deutschlands) was an opposition party. Immediately after their electoral victory, however, the Social Democrats shelved the draft bill and it has not been reintroduced (Deutscher Bundestag, 1996). As a result, no legislative framework exists to establish deployment areas for rent-a-cops, or any other needed clarifications. The debate over the state s core tasks and what can and should be handed over to the security industry remains contested terrain (Eick, 2008b: 60; cf. Buhl, 2009). This legal twilight zone is elastic enough for rent-a-cop firms to expand their activities, notably within public space. Given the often criticized tendency to reduce all possible societal issues to juridical ones (Teubner, 1987; Garland, 2000; Frankenberg, 2010), it is astonishing that the law is silent on the working conditions of employed stakeholders and the fundamental principles for deploying non-state security forces. Some scholars do disagree with Hoffmann-Riem s (2000: 134) contention that the mostly practiced appeal to the private use of every[wo]man s and emergency rights or to so-called domiciliary rights are not suitable for professional self-defense. Yet, as profitoriented security businesses continually expand their scope of action, it becomes increasingly difficult to pass article 33, paragraph 4 of the Grundgesetz (the Basic Law for the Federal Republic of Germany, or Constitution), which states that the exercise of sovereign authority on a regular basis shall, as a rule, be entrusted to members of the public service who stand in a relationship of service and loyalty defined by public law. It is highly contested whether the tasks of private security guards can be judged as the exercise of sovereign authority (Gusy, 1994; Stober, 1997). Nevertheless, state authorities have included private security companies in their security architecture. Narr (1992: 11) correctly argues that the state s monopoly over the use of force never meant a statist totality of all force, but it is also true that the marketization of security requires further juridical and political debate. In the private security industry, the workforce experiences substantial socioeconomic insecurities. German labor unions therefore talk about modern slave labor (Strecker, 2006: 2; Bremme et al., 2007; Dribbusch, 2008; cf. Milkman and Voss, 2004). Wage levels in the industry display the typical characteristics of a low-wage sector; in the East German states, in particular, wages for security workers at events are frequently below 5 per hour, before taxes (Briken, 2011b). The term slave labor also covers working conditions, since many rent-a-cops must work over 200 hours per month, at constantly shifting workplaces, during the night,

8 Germany s New Security Architecture 153 and on holidays and weekends (DGB, 2009; Der Paritätische Gesamtverband, 2010; Briken, in this volume). For many private security employees, even these workloads are insufficient for making a living; they are compelled to apply for additional social benefits. 10 Much of the security industry is seasonal, characterized by part-time and temporary work. Often, jobs are linked to the festivalization of the entrepreneurial city (Harvey, 1989; Häußermann and Siebel, 1993). Events such as the Olympic Games, football s World Cups, a Pope s visit, or the Oktoberfest (as well as surveillance of sports venues only on weekends, traffic control during demonstrations, etc.) demand a highly flexible workforce. In 2003, the German legislature crafted MiniJobs ( 400 to 800 per month, with a 50-day limit per year) as part of Agenda This created a lucrative contractual framework for the security industry and provided it with a flexible workforce under financially favorable conditions. Accordingly, one-third of all registered employees in the security industry (approximately 50,000 persons) are remunerated via MiniJobs; moreover, they predominantly constitute the sector that needs to bulk up their incomes with Hartz IV allowances; 11 among the whole German workforce of roughly 41 million, the income of 1.4 million people among them 350,000 in full-time jobs is so low that they depend on benefit boosters (Schulten, 2011: 78). Finally, most work in the private security industry is low skilled. The industry introduced education and advanced training measures, but the demand for qualified personnel (those having completed two- or three-year dual vocational education and trainings) remains low because their wages are correspondingly higher (Briken, 2011b). Customers requiring guards perceive it as a simple, semiskilled occupation and generally are unwilling to pay wages commensurate with actual qualifications. Finally, security guards have attained a bad image, in their own and others external perceptions (Obergfell-Fuchs, 2000; Braun, 2007). Although the police exploit them as their eyes and ears, they do not value their information-gathering capabilities or their sheer existence (Briken, 2011a). Unlike their superiors and managers, most ordinary security guards share the humble opinion of being too poorly paid and too badly equipped to nurture fantasies of being police. From the political and employment perspectives, the extended security term, or erweiterter Sicherheitsbegriff (Bundesakademie, 2001), significantly expanded job opportunities for low-skilled workers. Nevertheless, most of the workforce will not enjoy stable or comfortable employment, let alone possibilities for promotion within the industry (Briken, 2011a). Turnover rates are high within the private security industry (Lebeer and Suard, 2003). Very few employees move into more stable, better-paid jobs. Rather, they experience unemployment and reentry into private security. Because of the high demand for security guards, Public Employment Services and Job Centers find it an attractive option to swiftly place the unemployed

9 154 Volker Eick in private security jobs. Hence, affected people stumble into what the German labor unions call an endless negative spiral due to low-wage employment (DGB, 2010). 12 German federal and state ministers of the interior and senators thus constructed a fairly ramshackle pillar when building their new security infrastructure. Private security companies are now incorporated into a new internal security structure. Before their integration, its representatives had much to narrate and nothing to say (Eick, 2008b: 68). But as part of a state-built infrastructure, they will now demand direct participation. Stakeholders who participate for profit-oriented motives will, within this logic and not unreasonably, claim their share with respect to profitgenerating opportunities. More existentially than the state, the security branch lives off the dramatization of allegedly high levels of crime. Today, the private security industry has already redefined sociopolitical problems into problems of crime (Voß, 1997; Beste, 2000). This is not necessarily in conflict with the state apparatus, but it certainly has changed the basis for negotiation. Fantasy Police and Nonprofit Security Due to hardening long-term structural unemployment, a labor market has emerged with 700,000 positions that are neither salaried work nor welfare benefits. Instead, they are allowances based on the Hartz IV workfare scheme. Conceptions of a poverty industry, or Armutsindustrie (Müller, 2009), and employment industry, or Beschäftigungsindustrie (Briken and Eick, 2011), indicate the need to go beyond an institutionalized dualism of the labor market (Palier and Thelen, 2010) and to consider a tri(vi)alization of the labor market. 13 Nonprofits working in the field of labor-market integration, and organized as charitable limited liability companies or associations, 14 made it their business to (re)integrate the (long-term) unemployed. Their work measures, according to the letter of law, are in the public interest and additional, i.e., they do not replace regular jobs (Bundesrechnungshof, 2010). With financing from the Public Employment Service (Job Centers), for every subsidized job nonprofits gain up to 500 per month for each long-term unemployed placed through measures that do not create real jobs (Eick et al., 2004; Müller, 2009; Eick, 2011a). Given the vast scale, it is highly remunerative. Nonprofits and Job Centers have established Nonprofit- or One-Euro-Cops that are staffed by long-term unemployed and deployed mostly in disadvantaged areas. Reliable data on the ratio of One-Euro-Cops to all One-Euro-Jobs are not available. An unrepresentative sample in German cities and medium-sized towns (Eick, 2009; 2011b), however, reveals that 270,000 long-term unemployed were distributed for three- to six-month periods. Given the figure of about 700,000 jobs, on any given day there are about 30,000 One-Euro-Cops. Hence, up to 10% of all One-Euro-Jobs are located within the area of SOS services (Eick, 2011b). Employment measures such as these pertain to crime prevention activity outside the criminal law. Those working there, including rent-a-cops, are not vested with

10 Germany s New Security Architecture 155 sovereign powers. SOS services seek to address new standards of order that focus on the cleanliness of public spaces, incivilities, disorder, undesirables, and/or spaces judged as deviant. That is, they refer to a particular understanding of quality-of-life issues in urban space. The resulting policing strategies dissolve the boundaries between cleanliness and order and security and crime fighting. Moreover, the causes of deviance are dismissed and social conflicts are depoliticized or made profitable for sustaining class rule (Spitzer, 1975; Lehne, 1996). With respect to vested powers, duties, and task descriptions, such measures entirely lack juridical regulation and fail to meet mandatory criteria of additionality and fair competition, which nonprofits offering jobs must comply with. In over 60% of the cases examined by the Federal Audit Office (Bundesrechnungshof, 2010), these criteria were not met. The response of a manager working for a nonprofit may serve as an instructive example of how Hartz IV workfare measures abolish wage labor. Concerning her 350 long-term unemployed playground attendants, or Spielplatzkümmerer, she said: The easiest way to describe their duties is to clarify what [the One-Euro-Jobbers] are not namely police officers, trash collectors, or swing repairmen. Instead, their task, besides their presence, is to bar potential playground disturbers from drinking alcohol, throwing garbage in the sandbox, and rampaging (cited in Leber, 2005: 9). Conclusions: The Deterioration of Constitutional Certainty The proliferation of fantasy police is observable in metropolises, remote areas, and flatlands on a global scale (Rigakos, 2002; Eick, 2006a). In Germany, this has taken place without meaningful political debate or discussion in society. A market in its own right has emerged under the legitimizing cloak of intensified labor requirements and security measures. Such measures generate profits and well-paid jobs for the German version of the WASPs (managers of the Social City program, case workers in Job Centers, in short, the managers of misery ). Over 35 years ago, Steven Spitzer referred to similar measures already underway in the 1970s. To a certain extent, the expenses created by problem and deviant populations can be offset by encouraging their direct participation in the process of control. Potential troublemakers can be recruited as policemen, social workers, and attendants. Confirmed deviants can be rehabilitated by becoming counselors, psychiatric aides, and parole officers. Thus, if a large number of the controlled can be converted into a first line of defense, threats to the system of class rule can be transformed into resources for its support (Spitzer, 1975: 649). Nonprofit-Cops imply that one section of the (urban) poor is forced to police the other (Eick, 2003); thus, the nonprofit police differ little, if at all, from forprofit parapolice (Rigakos, 2002). Although One-Euro-Jobbers lack employment

11 156 Volker Eick contracts (Eick, 2011a), employees of both entities are wedged into a comparable socioeconomic exclusion. This is not a strategic outcome, but rather flows from the workfare model. Nevertheless, those who profit financially from these policies understand the perfidy of the model very well. This explains the silence of the managers of misery and the political class, to the extent that reliable data are not available. To argue that the state s legitimacy is being eroding due to private security provision is an ambivalent endeavor, especially because such an argument would base the state s legitimacy not on democratic grounds, but primarily on violence, that is, the state s immediate claim of power. From a different angle, several authors have highlighted pivotal constitutional, 15 juridical, and welfare state concerns. Wacquant (2009, and in this volume) characterizes the criminal justice system as the iron fist and the welfare state as the helping hand. The latter is apparently transformed into a workfare state, or, more broadly, into a Schumpeterian Post- National Workfare Regime (Jessop, 2003: 43). As a system for punishing the poor, current workfare states include an iron fist not only in Germany, but also beyond (Peck, 2001; Eick et al., 2004). The private security industry is under the regulatory control of understaffed state inspectors and the two lobbying associations, the BDWS and the Association of German Cash Service Industry (BDWG). That this is insufficient became clear in the multiyear fraud in the cash-in-transit business in 2006 (Glitza, 2006; Eick, 2006b) and, more recently, during the Love Parade disaster in Duisburg (Jaeger, 2010). For decades, undesirables such as the homeless, beggars, or prostitutes have daily experienced commercially executed and orchestrated social and spatial exclusion (Eick, 2003; Belina, 2007; Künkel, in this volume). Given the array of coercive mechanisms available to the state apparatus and the state-accompanied or state-guided degradation of democratic, social, and human rights, it is difficult to compel legislators to legally substantiate the public welfare obligation (Gemeinwohlverpflichtung) of companies operating in the field of security. Morever, given the fact that rent-a-cops are hardly deteriorating the state s monopoly over the use of force, but are instead lengthening the arm of the state apparatus, one might even be skeptical about, if not reluctant over, such an endeavor. The current balance of power renders even public recognition of such demands a challenge. In a time of crisis, the German government has adopted a new security architecture for policing and criminal justice that is even less reliable. NOTES 1. The term family recently became popular in areas as diverse as sports ( the football family and the Olympic family ), international development (the World Bank s social development family ), and policing ( the extended family ). Disbelievers characterized it as psychobabble, especially in football or soccer (Forsyth, 2008). Initially invented in the social sciences, the police asked with a similar connotation: Do we want these people in or outside our tent? (Blair, 2002: 31). The term thus reflects the neocommunitarian paternalism of those stakeholders.

12 Germany s New Security Architecture After reaching about 400 members in the early 1990s, the Angels declined quickly. In the German context, they oscillated between a volunteer militia, a crime prevention tool, and an antiracist youth initiative, which diverged from the history in the United States (Klein et al., 1989; Pennell et al., 1989; Cave, 2004; Roman, 2011). 3. On a global scale and under international law, aspects of private military companies should be included; cf. Duffield (2001), Singer (2003), and, apologetically, Patterson (2009). 4. Ian Blair (2002: 31), the former commissioner of the London Metropolitan Police Service, hoped with this term to preserve or restore the primacy of the state police by claiming that policing in London otherwise could return to the situation before About 6,600 of them are fighting clandestine employment (BMF, 2009: 5, 17). 6. Cf. Bürgerrechte & Polizei/CILIP 64 (3/1999) on Community Policing ; Bürgerrechte & Polizei/CILIP 66 (2/2000) on Bürger Nachbarn Kontrolleure [citizens neighbors inspectors]. 7. In Germany, the term workfare describes a labor market-oriented concept that connects state subsidies for long-term unemployed with the obligation to work ( no rights without responsibilities ; support and stipulate ). In addition, the Agenda 2010 pushed for a dual labor market approach and the massive transformation of the welfare regime, as labor market reforms have generally promoted developments in which the status and privileges of labor market insiders remain relatively well protected, with the flexibility necessary to stabilize the core being achieved at the expense of a growing number of workers in atypical or nonstandard employment relationships (Palier and Thelen 2010: 139). 8. He calls these policing activities polemic, sentry-dataveillant, investigative, patrol, and civicsumptuary (Rigakos, 2005: 272). 9. Three special legal regulations constitute exceptions: those for the protection of military compounds (UZwGBw), atomic plants (AtG), and airports (LuftSiG, 5, 8, 9). 10. Admittedly, the German Service Union (ver.di) and the German Association of Private Security Companies (BDWS) achieved an agreement on a minimum wage in April 2010, but the Black-Yellow government only signed the juridically binding declaration (Allgemeinverbindlichkeitserklärung) on June 1, 2011; that declaration alone makes it a law for all companies, including the ones in Eastern Europe wishing to work in the European Union, to follow the minimum-wage regulation. Whether it will be enforced on the ground has yet to be seen, though. 11. A new German word, Aufstocker (benefit booster), emerged from this situation. It covers those who must apply for additional state subsidies, because their wages are not high enough to make a living. 12. In November 2010, the German Federation of Trade Unions (DGB) cautioned against the fact that the increasing numbers of people being integrated into the labor market via low-wage jobs are not able to escape this low-paying sector (DGB, 2010). 13. The term Third Sector is an established concept that discriminates between the socioeconomic spheres of the state, private companies, and nonprofit organizations (Anheier and Seibel, 1990). 14. Commercial companies are allowed to hire the long-term unemployed as One-Euro-Jobbers so long as those jobs can be understood as serving a commonweal. 15. With regard to constitutional challenges, one might, inter alia, refer to Karl Löwenstein (1951: , 431), who distinguished between constitutions that are normative (a custom-made suit that is worn), nominal (ready-made clothes hanging in the wardrobe), and semantic (not a suit that is worn, but a masquerade or cape that disguises sheer force). Yet, the point is that as yet the constitution has turned out to be incapable of doing justice, providing the necessities of life and a modicum of economic security and social justice on which the man on Main Street considers himself to be entitled, at least, to raise a claim.

13 158 Volker Eick REFERENCES Anderson, Perry 2009 A New Germany? New Left Review 57 (May/June): Anheier, Helmut K. and Wolfgang Seibel (eds.) 1990 The Third Sector: Comparative Studies of Nonprofit Organizations. Berlin and New York: de Gruyter. Astheimer, Sven 2010 Der schmale Grat zwischen Arbeit und Hartz. Frankfurter Allgemeine Zeitung (February 6): 12. Barthel, Christian and Gerhard Schmitt 2008 Polizeiliches Politikfeldmanagement im regionalen Politikfeld innere Sicherheit. Reinhard Kreissl, Christian Barthel, and Lars Ostermeier (eds.), Policing in Context. Münster: LIT Verlag: BDWS: German Association of Private Security Companies (eds.) 2010 Positionspapier des BDWS zum Programm Innere Sicherheit. Potsdam: BDWS. Beck, Martin 2004 Gefallen(d)e Engel? Die Guardian Angels in Berlin und Hamburg. Gisbert van Elsbergen (ed.), Wachen, kontrollieren, patrouillieren: Kustodialisierung der Inneren Sicherheit. Wiesbaden: VS Verlag: Behr, Rafael 2008 Veränderungsprozesse des Gewaltmonopols. Reinhard Kreissl, Christian Barthel, and Lars Ostermeier (eds.), Policing in Context. Münster: LIT Verlag: Belina, Bernd 2007 From Disciplining to Dislocation: Area Bans in Recent Urban Policing in Germany. European Urban and Regional Studies 14,4: Beste, Hubert 2000 Morphologie der Macht. Opaden: Leske + Budrich. BKA: Federal Criminal Police Office (eds.) 2006 Crime Prevention in Germany: Selected Examples of Projects in the Infopool Prevention Database. Wiesbaden: BKA. Blair, Ian 2002 Patrol Partnership. Police Review 110 (5670): Blair, Tony and Gerhard Schröder 2000 The Third Way/Die Neue Mitte: Annotated by Joanne Barkan. Dissent 47,2: BMF: Federal Ministry of Finance (eds.) 2009 The Federal Customs Administration. Berlin: BMF. BMVBS: Federal Ministry of Transport, Building and Urban Affairs (eds.) 2008 Status Report: The Social City (Soziale Stadt) Program. Summary. Berlin: BMVBS. Braun, Sören 2007 Private Sicherheitsdienste in Präventionsgremien. Hamburg: Verlag Dr. Kova. Bremme, Peter, Ulrike Fürniß, and Ulrich Meinecke (eds.) 2007 Never Work Alone: Organizing ein Zukunftsmodell für Gewerkschaften. Hamburg: VSA. Brenner, Neil and Nik Theodore 2002 Cities and the Geographies of Actually Existing Neoliberalism. Antipode 34,3: Brenner, Neil, Bob Jessop, Martin Jones, and Gordon MacLeod (eds.) 2003 State/Space: A Reader. Oxford: Blackwell.

14 Germany s New Security Architecture 159 Briken, Kendra 2011a 2011b Safety Never Takes a Holiday. Nils Zurawski (ed.), Analysen zum Verhältnis von Alltag, Technik und Kontrolle. Opladen: Barbara Buderich: Produktion von Sicherheit? Arbeit im Bewachungsgewerbe (Working paper 222). Düsseldorf: Hans-Böckler-Stiftung. Briken, Kendra and Volker Eick 2011 Recht und billig? Wachschutz zwischen Niedriglohn und Ein-Euro-Jobs. Kritische Justiz 44,1: Brodeur, Jean-Paul 2010 The Policing Web. Oxford: Oxford University Press. Brown, Ian 2009 Regulation of Converged Communications Surveillance. Benjamin J. Goold and Daniel Neyland (eds.), New Directions in Surveillance and Privacy. Collumpton: Willan: Buerger, Michael E. and Lorraine Green Mazerolle 1998 Third-Party Policing: A Theoretical Analysis of an Emerging Trend. Justice Quarterly 15,2: Buhl, Manfred 2009 Mehr und bessere Sicherheit. Berliner Behörden Spiegel (October 10): 56. Bundesakademie für Sicherheit (eds.) 2001 Sicherheitspolitik in neuen Dimensionen: Kompendium zum erweiterten Sicherheitsbegriff. Hamburg: Mittler. Bundesrechnungshof (ed.) 2010 Mitteilung an das Bundesministerium für Arbeit und Soziales über die Prüfung der Arbeitsgelegenheiten und Leistungen zur Beschäftigungsförderung ( 16d und 16e SGB II). Berlin: Bundesrechnungshof. Cave, Damien 2004 In a Divided Town, a Question of Hate, or Cash? New York Times (October 24). Crawford, Adam (ed.) 2009 Crime Prevention in Comparative Perspective. Cullompton: Willan. Crawford, Adam and Stuart Lister 2004 The Extended Policing Family: Visible Patrols in Residential Areas. York: Joseph Rowntree Foundation. Der Paritätische Gesamtverband (eds.) 2010 Damit sich Arbeit lohnt: Expertise zum Abstand zwischen Erwerbseinkommen und Leistungen nach dem SGB II. Berlin: Paritätischer Gesamtverband. Deutscher Bundestag (eds.) 1996 Private Sicherheitsdienste (BT-Drucksache 13/3432). Bonn: Deutscher Bundestag. DGB: German Federation of Trade Unions (eds.) 2010 DGB warnt vor endloser Negativspirale durch Niedriglöhne. At www. themenportal.de/nachrichten/dgb-warnt-vor-endloser-negativ-spirale-durchniedrigloehne Für n Appel und n Ei!? Niedriglöhne in Niedersachsen. Göttingen: DGB. Dribbusch, Heiner 2008 Organizing in der Fläche: Die ver.di/seiu-kampagne im Hamburger Bewachungsgewerbe. WSI Mitteilungen 61,1: Duffield, Mark 2001 Global Governance and the New Wars. New York: Zed Books. Eick, Volker 2011a Policing Below the State in Germany: Neocommunitarian Soberness and Punitive Paternalism. Contemporary Justice Review 14,1:

15 160 Volker Eick 2011b Lokale Kriminal- und Sicherheitspolitik. Heinz-Jürgen Dahme and Norbert Wohlfahrt (eds.), Handbuch Kommunale Sozialpolitik. Hamburg: VSA: Neue lokale Sicherheitsregimes: Neokommunitäre Nüchternheit und punitiver Paternalismus. Kurswechsel 3,23: a Urbane Wachen und die neuen Polizeien. Friedrich Arndt et al. (eds.), 2008b Ordnungen im Wandel. Bielefeld: transcript: Verlängertes Gewaltmonopol? Der kommerzielle Teil der neuen Sicherheitsarchitektur. Bürgerrechte & Polizei/CILIP 91,3: Krauts and Crowds : Bericht vom Rand der neoliberalen Dienstleistungsperipherie. Volker Eick, Jens Sambale, and Eric Töpfer (eds.), Kontrollierte Urbanität. Bielefeld: transcript: a 2006b Preventive Urban Discipline: Rent-a-cops and the Neoliberal Glocalization in Germany. Social Justice 33,3: Was lehrt (wen) HEROS: Den Betrug bezahlten die Beschäftigten. Sicherheitsnadel 3,10: New Strategies of Policing the Poor. Policing & Society 4,13: Eick, Volker, Britta Grell, Margit Mayer, and Jens Sambale 2004 Nonprofit-Organisationen und die Transformation der lokalen Beschäftigungspolitik. Münster: Westfälisches Dampfboot. Forsyth, Roddy 2008 FIFA and UEFA s Football Family Horror Show. At sport/football/ /fifa-and-uefas-football-family-horror-show.html. Frankenberg, Günter 2010 Staatstechnik: Perspektiven auf Rechtsstaat und Ausnahmezustand. Frankfurt/M.: Suhrkamp. Garland, David 2001 The Culture of Control: Crime and Social Order in Contemporary Society. Oxford: Oxford University Press The Culture of High Crime Societies: Some Preconditions of Recent Law and Order Policies. British Journal of Criminology 40,3: Gaston, Kevin C. and Lillian King 1995 Management Development and Training in the Police: A Survey of the Promotion Process. Journal of European Industrial Training 19,7: Giddens, Anthony 1998 The Third Way: The Renewal of Social Democracy. Cambridge: Polity Press. Glitza, Klaus Henning 2006 HEROS Die Wochen danach. CD Sicherheitsmanagement 2,30: Gusy, Christoph 1994 Vom Polizeirecht zum Sicherheitsrecht. Staatswissenschaften und Staatspraxis 5,2: Häußermann, Hartmut and Walter Siebel (eds.) 1993 Festivalisierung der Stadtpolitik. Opladen: Westdeutscher Verlag. Harvey, David 1989 From Manageralism to Entrepreneurialism. Geografiska Annaler 71B,1: Hoffmann-Riem, Wolfgang 2000 Kriminalpolitik ist Gesellschaftspolitik. Frankfurt/M.: Suhrkamp Übergang der Polizeigewalt auf Private? Zeitschrift für Rechtspolitik 10,11: Hughes, Gordon 1998 Understanding Crime Prevention: Social Control, Risk and Late Modernity. Buckingham: Open University Press.

16 Germany s New Security Architecture 161 Jaeger, Carlo 2010 Risk, Rationality, and Resilience. International Journal of Disaster and Risk Science 1,1: Jessop, Bob 2003 The Future of the State in an Era of Globalization. International Politics and Society 5,3: Liberalism, Neoliberalism, and Urban Governance. Antipode 34,3: Johnston, Les 2003 From Pluralization to The Police Extended Family : Discourses on the Governance of Community Policing in Britain. International Journal of the Sociology of Law 31,4: Jones, Trevor and Tim Newburn (eds.) 2006 Plural Policing: A Comparative Perspective. New York: Routledge. Kempa, Michael, Philip Stenning, and Jennifer Wood 2004 Policing Communal Spaces: A Reconfiguration of the Mass Private Property Hypothesis. British Journal of Criminology 44,4: Kirsch, Benno 2003 Private Sicherheitsdienste im öffentlichen Raum. Wiesbaden: Westdeutscher Verlag. Klein, Lloyd, Joan Luxenburg, and Marianna King 1989 Perceived Neighborhood Crime and the Impact of Private Security. Crime and Delinquency 35,3: Knuth, Matthias 2009 Path Shifting and Path Dependence: Labor Market Policy Reforms under German Federalism. International Journal of Public Administration 32,12: Kommission Evaluierung Sicherheitsbehörden (eds.) 2010 Kooperative Sicherheit: Die Sonderpolizeien des Bundes im föderalen Staat. Berlin: Bundesregierung. Kury, Helmut (ed.) 1997 Konzepte Kommunaler Kriminalprävention. Freiburg, Brsg.: Edition Iuscrim. Lebeer, Guy and Lorenzo Munar Suard 2003 Sicherheit und Gesundheitsschutz im privaten Wach- und Sicherheitsgewerbe. Bruxelles: Centre de Sociologie de La Santé. Leber, Sebastian 2005 Im Einsatz auf den Spielplätzen. Der Tagesspiegel (June 2): 9. Lehmann, Gerd 2011 Kommunale De-facto-Polizei: Offene Flanke in der Sicherheitsarchitektur. Berliner Behörden Spiegel 27,5: 7. Lehne, Werner 1996 Präventionsräte, Stadtteilforen, Sicherheitspartnerschaften. Trutz von Trotha (ed.), Politischer Wandel, Gesellschaft und Kriminalitätsfurcht. Baden-Baden: Nomos: Leitner, Helga, Jamie Peck, and Eric Sheppard (eds.) 2007 Contesting Neoliberalism: Urban Frontiers. New York: Guilford Press. Le Ker, Heike 2011 Arbeitslose werden zu Konfliktlotsen ausgebildet. Berliner Morgenpost (January 5): 15. Löwenstein, Karl 1951 Verfassungsrecht und Verfassungsrealität: Beiträge zur Ontologie der Verfassungen. Archiv des öffentlichen Rechts 77,39:

17 162 Volker Eick Magers, Jeffrey S Compstat: A New Paradigm for Policing or a Repudiation of Community Policing? Journal of Contemporary Criminal Justice 20,1: McGauran, Katrin 2008 Germany: Permanent State of Prevention (Pre-emption). Statewatch Bulletin 18,4. At Milkman, Ruth and Kim Voss (eds.) 2004 Rebuilding Labor: Organizing and Organizers in the New Union Movement. Ithaca/London: Cornell University Press. Müller, Eva 2009 Die Armutsindustrie. At: Narr, Wolf-Dieter 1992 Der Markt der Sicherheit, das Gewaltmonopol des Staates und die Bürgerrechte. Bürgerrechte & Polizei/CILIP 43,3: Niggl, Peter 2010 Die Privaten Sicherheitsdienste in den neuen Bundesländern werden Zwanzig. Der Sicherheitsdienst 62,3: Obergfell-Fuchs, Joachim 2000 Privatisierung von Aufgabenfeldern der Polizei mit Auswirkungen auf das Sicherheitsgefühl der Bevölkerung. Wiesbaden: BKA. Olschok, Harald 2010 Private Sicherheitsdienste sind Bestandteil der Sicherheitsarchitektur. Der Sicherheitsdienst 62,3: Entwicklung und Perspektiven des Wach- und Sicherheitsgewerbes auf nationaler und europäischer Ebene. Rolf Stober and Harald Olschok (eds.), Handbuch des Sicherheitsgewerberechts. München: Verlag C.H. Beck: Private Security in Germany and the Cooperation with the Police. Der Sicherheitsdienst 54,3: Osborne, David and Ted Gaebler 1992 Reinventing Government. Reading, MA: Addison-Wesley. Päffgen, Johannes and Marcel Grathwohl 2009 Die deutschen Nachrichtendienste. Köln: Universität Köln. Palier, Bruno and Kathleen Thelen 2010 Institutionalizing Dualism: Complementarities and Change in France and Germany. Politics and Society 38,1: Patterson, Malcom H Privatizing Peace. Houndsmills/Basingstoke: Palgrave Macmillan. Peck, Jamie 2001 Workfare States. London: Guilford Press. Pennell, Susan, Christine Curtis, Joel Henderson, and Jeff Tayman 1989 Guardian Angels: A Unique Approach to Crime Prevention. Crime and Delinquency 35,3: Pütter, Norbert 2008 Sicherheitsarchitekturen im Wandel. Bürgerrechte & Polizei/CILIP 90,2: Polizei und kommunale Kriminalprävention. Frankfurt/M.: Verlag für Polizeiwissenschaft. Pütter, Norbert and Martina Kant 2000 Freiwillige Polizeidienste, Sicherheitswachten und Sicherheitspartner. Bürgerrechte & Polizei/CILIP 66,2: Rigakos, George S Beyond Public-Private: Towards a New Typology of Policing. Dennis Cooley (ed.), Re-imagining Policing in Canada. Toronto: University of Toronto Press:

18 Germany s New Security Architecture The New Parapolice: Risk Markets and Commodified Social Control. Toronto: University of Toronto Press. Roman, Tomas 2011 Guardian Angels Helping Police in Mission District. KGO-TV (San Francisco/CA, March 6). At abclocal.go.com/kgo/story?section=news/local/ san_francisco&id= Schulten, Thorsten 2011 Niedriglöhne in Deutschland. Günter Wallraff, Frank Bsirske, and Franz-Josef Möllenberg (eds.), Leben ohne Mindestlohn: Arm wegen Arbeit. Hamburg: VSA: Shearing, Clifford D Nodal Security. Police Quarterly 8,1: Reflection on Police Management Practice (Discussion Paper, No. 12). Ottawa, ON: Minister of Supply and Services Canada. Singer, Peter 2003 Corporate Warriors. Ithaca and London: Cornell University Press. Spitzer, Steven 1975 Toward a Marxian Theory of Deviance. Social Problems 22,5: Ständige Konferenz der Innenminister und -senatoren der Länder (eds.) 2009 Programm Innere Sicherheit. Fortschreibung 2008/2009. Berlin: ms. Stober, Rolf 2000 Police-Private-Partnership aus juristischer Sicht. Die Öffentliche Verwaltung 53,7: Staatliches Gewaltmonopol und privates Sicherheitsgewerbe. Neue Juristische Wochenschrift 50,14: Strecker, Anita 2006 Ein moderner Sklave: Aus dem Leben eines Wachmanns. Frankfurter Rundschau (March 4): 2. Teubner, Gunther (ed.) 1987 Juridification of Social Spheres: A Comparative Analysis in the Areas of Labor, Corporate, Antitrust and Social Welfare Law. Berlin and New York: De Gruyter. Voß, Michael 1997 Private Sicherheitsdienste im öffentlichen Bereich. Widersprüche 17,63: Wacquant, Loïc 2009 Punishing the Poor: The Neoliberal Government of Social Insecurity. Durham: Duke University Press.

19 164 Volker Eick The production of space; acquisition. Illustration by Christoph Schäfer

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