Article 17a of the Basic Law for the Federal Republic of Germany
The Article 17 of the Basic Law for the Federal Republic of Germany is part of the first section ( fundamental rights ) in the basic legal restrictions during military or civilian service are regulated.
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(1) Laws on military service and alternative service can stipulate that members of the armed forces and alternative service have the basic right to freely express and disseminate their opinion in words, writing and pictures during the period of military or alternative service ( Article 5 para. 1 sentence 1 first half-sentence), the fundamental right to freedom of assembly ( Article 8 ) and the right to petition ( Article 17 ), insofar as it grants the right to submit requests or complaints in community with others.
(2) Laws that serve the defense, including the protection of the civilian population, can stipulate that the fundamental rights of freedom of movement ( Article 11 ) and the inviolability of the home ( Article 13 ) are restricted ( Article 17a of the Basic Law).
Explanation
Art. 17a was introduced into the Basic Law on March 19, 1956, after the Federal Republic of Germany joined NATO in1955and rearmament was carried out on January 2, 1956 with the conscription of 1,500 soldiers. As early as March 6, 1956, in addition to the authority to command and command in times of peace as well as in times of defense , the Defense Commissioner was created inthe Defense Supplementary Act. The Armed Forces Commissioner is toguaranteethe protection of the soldiers' fundamental rightson behalf of the Bundestag . In Section 6 of the Soldiers Act , the restriction of basic rights is justified by the legal obligations within the framework of the requirements of the military service. Further regulations are laid down in the second section of the Soldiers Act, Duties and Rights of Soldiers . Soldiers and alternative service providers are restricted in some areas of their fundamental rights. Art. 17a GG specifies exactly which basic rights are restricted which the named persons cannot invoke. These include the fundamental right to freedom of expression , freedom of assembly and the right to petition .
Paragraph 2 underlines the importance of the defense and protection of the civilian population. This is Art. 17a attached such importance GG that this limitation of fundamental rights be taken into account. The fundamental right of freedom of movement and the inviolability of the home may be limited if the defense and protection of the civilian population so require. Situations in which something like this can occur are e.g. B. Wars and severe natural disasters (earthquakes, floods, etc.).
