Administration of justice by the Bundeswehr

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The administration of justice of the Bundeswehr (RPflegeBw) is an independent area in the business area of ​​the Federal Ministry of Defense (BMVg) alongside the armed forces , the three areas of defense administration and military pastoral care .

The judicial sector is primarily responsible for advising inspectors, commanders, commanders and heads of office in all legal matters that do not belong to the remit of the defense administration.

The administration of justice occupies a special position between the defense administration and the armed forces. Their relatives are civil civil servants in the higher administrative service with the qualification for judicial office , but they occupy military ( StAN ) posts. This is why this area has only been open to women since 2001, when women can also serve in the armed forces without restrictions. The administration of justice in the Bundeswehr includes legal advisors , law teachers in the armed forces, defense disciplinary attorneys and judges at the military service courts .

Around 100 legal advisors from the Bundeswehr advise the commanders in the higher command authorities (regularly from division level upwards). In part-time work, they are predominantly also military disciplinary attorneys at the military service courts.

In the armed forces, around 50 members of the judiciary also teach law as civil law teachers, primarily at the academies, officers' schools and military schools.

The 12 presiding judges at the military service courts deal with the troops' disciplinary and complaint matters and are usually former law teachers and legal advisers for the Bundeswehr. The service of the Bundeswehr disciplinary attorney at the Federal Administrative Court (BVerwG) in Leipzig represents the Bundeswehr before the disciplinary and complaint panels of the court.

It is also an essential task of the members of the judiciary to provide advice to the armed forces during operations. They work in the contingents and multinational headquarters as legal advisor staff officers with soldier status. The members of the administration of justice are therefore the only civil area of ​​the Bundeswehr that is obliged to provide military training in reservist status by virtue of an official mandate . Consequently, the administration of justice by the Bundeswehr does not belong to the defense administration according to Art. 87 b of the Basic Law, but is assigned to the armed forces according to Art. 87 a of the Basic Law.

As the need for legal advisors in the country of assignment has increased, these have recently been trained centrally in the so-called legal adviser training center ZAR at the Inner Guidance Center in Koblenz.

See also

literature

  • Scholze, Michael: Si vis pacem, para bellum? - Reality of today's operations and consequences for the administration of justice by the Bundeswehr . NZWehrr 2007, 177 - 192

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