It is not the state, strictly speaking. In Germany, there are 3 pillars of the law. There is the police, which may not wiretap except under very limited conditi

It is not the state, strictly speaking. In Germany, there are 3 pillars of the law. There is the police, which may not wiretap except under very limited conditions - it was a huge political discussion, when those exceptions were added to the German law. Before that, wiretapping in private rooms was completely banned. There is the state, which can creates laws, by which police has to act and judges judge. These laws can of course changed the legality of certain measures, but they are bounded by the constitution, and laws have been voided by the federal court due to being in violation of the constitution. Judges are independant in their role from state and police. While their salary is paid by the state, there is a good reason, that judge positions in Germany are for-life. Unless the judge performs an actual crime, he cannot be fired. This is to ensure maximal independence.