What does the European Code of Police Ethics require of the legal basis of the police?

The police must be set up by law, act only in line with national and international law, work under laws that are public, clear and precise, and be subject to the same laws as ordinary citizens.

The four principles:

1. Established by law: the police is a public body created by law, not by decree or private arrangement.
2. Bound by law: every operation must comply with domestic law and the international rules the country has accepted.
3. Accessible and clear law: police legislation must be available to citizens and clear and precise enough that people can foresee what the police may do. Where needed, it is completed by regulations that are also clear and public.
4. Equal before the law: police staff are subject to the same legislation as ordinary citizens. Exceptions are allowed only where they are needed for police work to function in a democratic society (for example, being allowed to drive through a red light on an emergency call).

Principle 3 is why secret methods such as undercover investigation are ethically sensitive: they rely on the suspect not knowing what the police are doing.

Go deeper:

• HREA: European Code of Police Ethics, Rec(2001)10 — the full recommendation, including the section on the legal basis of the police.