Breaking the constraints of the post-Nazi era: Germany prepares to expand intelligence powers
Due to the limitations of its intelligence capabilities, Germany has relied heavily on covert U.S. operations to thwart attacks. However, Berlin now appears to be charting a different course.
Germany is preparing for the possibility of a security decoupling from the United States by strengthening its foreign intelligence service and granting it broad new powers.
This plan comes amid growing concern among German and European leaders over the possibility that U.S. President Donald Trump could halt the sharing of American intelligence — on which Europe depends heavily — or use that dependence as leverage, according to the U.S. magazine Politico.
While European states stress the need to radically reinforce their armed forces, officials in Berlin believe that Germany’s intelligence service must also become more effective.
In remarks to Politico, Marc Henrichmann, head of a special committee in the Bundestag overseeing the intelligence services, said: “We want to continue working closely with the Americans. But if an American president, whoever it may be, were in the future to act alone without the Europeans… we must be able to rely on ourselves.”
German leaders view this need as particularly urgent in their country, more so than in any other European state, since the foreign intelligence service is subject to far stricter legal constraints than its counterparts elsewhere.
These restrictions stem from deliberate safeguards established after World War II to prevent a recurrence of the abuses committed by the Nazi intelligence apparatus. However, they have had the side effect of making Germany especially dependent on the United States for intelligence gathering — a dependence that is now seen as a potential vulnerability.
“In intelligence, the question always arises: what do you provide me, and what do I provide you?” Henrichmann said, adding: “If Germany is merely a recipient, the risk becomes extremely high.”
German Chancellor Friedrich Merz now seeks to strengthen the country’s foreign intelligence service and grant it far broader powers, including the authority to conduct sabotage, carry out offensive cyber operations, and undertake more assertive espionage activities.
Thorsten Frei, a senior official in the chancellery overseeing intelligence reform, likened these plans to the “historic turning point” announced by former Chancellor Olaf Scholz following the outbreak of the war in Ukraine, when Berlin committed massive investments to modernize its long-neglected armed forces.
According to Frei, a similar transformation “must now also be applied to our intelligence services.”
Germany’s foreign intelligence service was established in 1956 under strict legal safeguards designed to prevent any repetition of the abuses committed by the Nazi Gestapo and SS.
To strictly separate intelligence from the police and prevent interference in domestic affairs, the agency was placed under the authority of the chancellery, subjected to rigorous parliamentary oversight, and limited to gathering and analyzing intelligence.
Its agents were not granted a legal mandate to intervene in order to disrupt potential threats.
These restrictions remain in place today. For example, German intelligence officers may, through surveillance, identify plans for an imminent cyberattack, but they are effectively unable to stop it on their own.
They may intercept communications under strict legal supervision, yet they are not authorized to conduct sabotage operations to neutralize threats.
Germany’s stringent data protection laws — largely enacted in response to the legacy of East Germany’s Stasi — further constrain the intelligence service’s powers.
For instance, the agency must redact personal information in documents before sharing them with other intelligence services.
German officials argue that these restrictions are no longer justified, particularly in light of growing Russian threats.
“If attacks are carried out against Germany, it is not enough, in my view, simply to watch; we must be able to defend ourselves,” Frei said. “All other countries with services of comparable size do so.”
Given the weaknesses of its intelligence apparatus, Berlin has relied heavily on covert U.S. operations to prevent attacks.
Recent developments
Foreign Minister Johann Wadephul stated: “Without intelligence sharing with the United States, we would be isolated… That is a bitter reality I cannot ignore.”
Last March, German officials were stunned when Washington temporarily suspended intelligence sharing with Ukraine to pressure it during negotiations with Russia, disrupting the Ukrainian military in the midst of war.
The episode demonstrated the Trump administration’s willingness to use U.S. dominance in intelligence gathering as leverage over its allies.
Several months later, Merz pledged to significantly expand the capabilities of Germany’s intelligence service.
The Merz government increased the agency’s budget by approximately 26 percent, bringing it to €1.51 billion this year, and is seeking to ease the data protection regulations governing the agency, allowing for the use of artificial intelligence and facial recognition technology.
It also hopes to present a comprehensive package of proposed reforms to Parliament for a vote by the autumn.
