Grundrechtliche Schutzpflicht des Staates gegen grundrechtsbeeinträchtigende Maßnahmen fremder Staaten am Beispiel der Überwachung durch ausländische Geheimdienste

tance for individual freedom and participation in an open society, as the infringement is utterly pervasive and as effective private protection cannot be obtained. Conflicting public interests, such as an effective defence against terrorist attacks, cannot suspend the duty to protect since a reasonable balance between conflicting constitutional duties must always be maintained. Surveillance powers of the Western Allies dating back to the post-war legal framework do not invalidate the duty to protect because these powers have completely ceased to exist. As German state authorities have not taken effective protective measures as of yet, they are in violation of their duty to protect.