Border guard duty

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The border guard duty in Germany is anchored in the Federal Border Guard Act of August 18, 1972, which is based on Article 12a of the Basic Law . The other provisions of the Federal Border Guard Act expired in 1994. The border guard duty has not been carried out since 1973. Anyone who does or has performed border guard service can no longer be called up for military service in the Federal Armed Forces (Section 42a Compulsory Military Service Act). The border guard service is performed there after the renaming of the Federal Border Guard (BGS) to the Federal Police .

Historical development

The introduction of the mandatory border guard service for the BGS must be seen in a historical context. The BGS was organized on a paramilitary basis until the 1980s and was intended for use inside, both on the inner-German border or in the event of riots, as this use is fundamentally excluded for the Bundeswehr. The equipment also included heavy military equipment, the officers officially had combatant status until 1994 . With the passing of the emergency laws, the tasks of the BGS changed from 1968 onwards. The military task was dropped because in the event of an emergency the Bundeswehr could now also be deployed inside. Nevertheless, the BGS was still equipped with light and medium infantry weapons until the mid-eighties.

Border guards

Men over the age of eighteen can be called up for the border guard service, provided they were members of the BGS or the federal police or are of the military age and are fit for military service. They may only be called in if the need cannot be met with volunteers. If the need can be met again with volunteers, the service obligation can be lifted. The employment relationship is similar to the military service relationship. It is divided into basic border protection service, border protection exercises and unlimited border protection service in the event of a defense and in the cases of Article 91 of the Basic Law. Former members of the Border Guard Reserve. The service providers are in a public service and loyalty relationship of a special kind, not in an official relationship. Nevertheless, they have the rights and obligations of a regular federal police officer.

Current application

Although compulsory border guard duty remains anchored in the law, a new application since 1994, similar to the suspended military service in 2011, requires a parliamentary resolution (Art. 3 Para. 2 Federal Border Guard Regulations Act).

Web links

Individual evidence

  1. https://www.bgbl.de/xaver/bgbl/start.xav?start=//*%5B@attr_id=%27bgbl169s0041.pdf%27%5D#__bgbl__%2F%2F*%5B%40attr_id%3D % 27bgbl169s0041.pdf% 27% 5D__1542290943773
  2. https://www.jurion.de/gesetze/bgsg/50/
  3. http://dipbt.bundestag.de/doc/btd/05/035/0503568.pdf
  4. Law on the revision of the regulations on the Federal Border Guard. (pdf) In: dipbt.bundestag.de. September 9, 1994, p. 4 , accessed February 7, 2018 .