Parliamentary Participation Act
| Basic data | |
|---|---|
| Title: | Law on parliamentary participation in the decision-making process for the deployment of armed forces abroad |
| Short title: | Parliamentary Participation Act |
| Abbreviation: | ParlBG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | State organization law , military law |
| References : | 1101-11 |
| Issued on: | March 18, 2005 ( BGBl. I p. 775 ) |
| Entry into force on: | March 24, 2005 |
| GESTA : | A002 |
| Weblink: | Text of the Parliamentary Participation Act |
| Please note the note on the applicable legal version. | |
The Parliamentary Participation Act (ParlBG) regulates the participation of the legislature in Germany in the decision on the deployment of armed forces abroad. It is the concrete implementation of the judgment of the Federal Constitutional Court of June 12, 1994 in the context of the out-of-area debate .
At the federal level
In Germany, the German Bundestag has extensive rights of co-determination with regard to the deployment of armed forces abroad. That is why the Bundeswehr is also known as the parliamentary army .
In principle, the parliamentary reservation applies , ie that soldiers may not be sent to missions abroad without the consent of Parliament, in which they are involved in armed operations or in which involvement is to be expected.
The Federal Government must submit an application to the German Bundestag in good time before the start of the deployment abroad with detailed information on the planned number of soldiers, their skills, the expected duration of the deployment and the costs. Preparatory measures and relief or humanitarian missions in which weapons are only carried for self-defense are not considered operations.
There is a restriction in the case of imminent danger , if the deployment cannot be postponed, and in the case of rescue missions, the discovery of which would endanger the lives of those affected. Here, however, the Federal Government must immediately refer the Bundestag to the operation. If parliament refuses to give its approval, the mission must be ended.
Parliament also has a right of withdrawal , ie it can revoke its consent to an operation that has already been approved at a later point in time. The mission must then be terminated and the soldiers must be brought back.
For smaller missions abroad with few soldiers - e.g. B. Reconnaissance missions - the law provides for approval in a simplified procedure. In this case, it is sufficient for the government to inform the parliamentary group chairmen , the chairmen and the chairmen of the parliamentary groups in the Foreign Affairs and Defense Committees . If a parliamentary group or five percent of the MPs do not request a plenary debate within seven days , the deployment is considered approved.
At the state level
In the Free State of Bavaria there is a law with the same short title (abbreviation: PBG), but with different regulatory content. The long title reads: Law on the participation of the state parliament by the state government in matters of the European Union according to Art. 70 Para. 4 of the Constitution of the Free State of Bavaria and in other matters according to Art. 55 No. 3 sentence 2 of the Constitution of the Free State of Bavaria.
literature
- Philipp Scherrer: Parliament and its army. The Parliamentary Participation Act . Duncker & Humblott, Berlin 2010, ISBN 978-3-428-13162-4 .
- Malte Seyffarth: "Commentary on the Parliamentary Participation Act (ParlBG) - while taking into account the latest proposed amendments to the ParlBG". CF Müller, Heidelberg 2018, ISBN 978-3-8114-4609-0
Individual evidence
- ↑ DFR - BVerfGE 90, 286 - Out-of-area missions. Retrieved January 8, 2020 .
- ↑ GVBl. 2016 p. 142 (PDF)
