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GA flight plans and national security

To be clear: I am referring to cross-border traffic, obviously not internal traffic.

Administrator
Shoreham EGKA, United Kingdom

Yes and some of us have been trying to tell you that there isn’t really anything like a border anymore inside EU/Schengen.

Germany is a federal state, the police are confined to their Bundesland. So a state border within Germany is no different from the German/Czech border.

In neither case there is surveillance because it is not needed and it would be illegal.

Last Edited by achimha at 12 Aug 11:21

It would be unconstitutional in Germany

I’m curious as to why it would be unconstitutional in Germany? Is it some sort of privacy right? If so, why would spying (by German authorities) that I seem to recall coming out after the Snowden revelations not be unconstitutional? Maybe I’m mis-remembering, but I seem to remember after the public outcry about US spying, there were some revelations that the Germany authorities had been spying on their own citizens themselves (or were co-operating with the US)?

Maybe I am mis-remembering that.

Does Germany have a written constitution?

EIWT Weston, Ireland

dublinpilot wrote:

Does Germany have a written constitution?

I was under impression that all countries have written constitution. Doesn’t Ireland have one?

LDZA LDVA, Croatia

Let me put this another way.

If I fly an old 747 from somewhere (which can be quite far away) and want to crash it into some place in say Germany, what stops me doing it?

Also, there was a proposal from Eurocontrol to reduce the airline route charges, by dismantling radars and using ADS-B. It got squashed under national protests, over national security.

It’s obvious that there is surveillance, using radar. I just wonder how they sort out the known traffic from the unknown traffic.

Administrator
Shoreham EGKA, United Kingdom

I was under impression that all countries have written constitution. Doesn’t Ireland have one?

Yes, Ireland has a written constitution. By I learnt a few years ago that the UK doesn’t. The UK one mainly comprised of precident as far as I know. Since then, I’ve learnt to question my assumptions about constitutions! Particularly so, as Ireland seems to be the only country required to have a referendum on each new EU treaty. (Our government doesn’t have the power to ratify it. Only the people do.)

Last Edited by dublinpilot at 12 Aug 11:33
EIWT Weston, Ireland

We’re oddly conditioned to think of “filing a flight plan” as a natural part of flying, but VFR flight plans are a purely bureaucratic device and a function of government’s intention to control the air.

Imagine if we had to file a driving plan with the traffic police every time we go for a drive, or take the boat for a trip…

dublinpilot wrote:

I’m curious as to why it would be unconstitutional in Germany? Is it some sort of privacy right?

Yes, the rights of the executive are very limited in Germany and are very much distributed throughout different levels, all based on the experience in the 1930s when a party could gain total control of the country and society in a short period of time. Police (and all other services) do not have the right to perform general monitoring. When the truck toll system was rolled out (all electronic with cameras), there was a lengthy discussion how it can be ensured it cannot be abused to spy on citizens. Until today the authorities are not allowed to use the images for law enforcement.

If so, why would spying (by German authorities) that I seem to recall coming out after the Snowden revelations not be unconstitutional?

Just like the NSA, the German services have a lot of freedom as long as only foreign states and people are concerned. The Snowden thing was a big scandal (and a parliamental commission is still investigating). They knowingly tolerated NSA and the UK services breaking the law and benefited from their intelligence. Intelligence oversight had major deficiencies (just like in the US) so we’re thankful to Mr Snowden, a real patriot.

Does Germany have a written constitution?

Yes, written by the Americans In fact it’s the only national law text standing above European law and the special constitutional court is the only court that can overrule the European court in Luxembourg.

The military in the US have their own radars. There are Air Defense Identification Zone (ADIZ) crossing points. If one files an IFR flightplan that crosses an ADIZ or border, the flightplan is routed to the National Air Deference center. The point of the ADIZ or border crossing is known and must be followed. For a VFR flightplan, a DVFR flightplan designation is required that identifies where and when the flight will cross the border or ADIZ. Contact must be made by the pilot to the nearest FSS or ATC prior to crossing and they will be assigned a discrete transponder code. Failure to comply will result in an in flight interception by an F16.

I would think that Europe would have similar rules for entering their airspace, but that once inside the exterior borders of the EU, it would not be necessary for security purposes to cross national borders.

Last Edited by NCYankee at 12 Aug 12:10
KUZA, United States

Germany is 100% ? Or very close, surrounded by Schengen countries where border control is greatly reduced.

Coming from a non schengen country into the schengen area is a cumbersome as passing a boarder always has been. The other way even more so.

The elephant is the circulation
ENVA ENOP ENMO, Norway
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