Defense Burden Management
The Defense Burden Administration authorities have the task of regulating the damage caused by NATO troops or other troops staying in Germany with federal permission.
tasks
The presence of the military inevitably leads to damage, e.g. B. when participating in road traffic, but intensified during maneuvers . Most of the time it is minor damage, such as damage to roads or buildings by heavy vehicles. But also accidents caused by target practice or plane crashes, such as in Ramstein in 1988, can cause serious personal injury and property damage. The claims of the victims are met by the authorities of the Defense Burdens Administration from funds from the federal budget .
history
Since 1953, state authorities have carried out the tasks of Defense Load Management (VLV) (old states excluding Berlin). The legal basis was initially an administrative agreement from 1953, since 1961 Article 8 of the Act of Approval to the NATO Troop Statute. Basically, those (state) authorities of the lower level of defense burden management in whose district the damaging event took place were responsible. The lower authorities were called the Defense Burdens Office. According to the administrative agreement of 1953, the federal government reimbursed the federal states 50% of the personnel and material costs (excluding the actual compensation amounts financed by the federal government). This law was not extended to the accession area by the Unification Treaty . In 2002, the aforementioned Art. 8 of the NATO Troop Statute Act was amended as follows by the law amending the NATO Troop Statute Act and other laws (Defense Load Responsibility Amendment Act - VertLastÄndG):
“Defense Burden Management is responsible. It is run by federal administration with its own administrative substructure. The Federal Ministry of Finance determines the details. The competent authorities and their respective areas of responsibility are published in the Federal Gazette. "
The constitutional basis of the federal administrative competence is Art. 87b GG . Due to the sustained reduction in troops since 1990, the number of cases of damage and thus the tasks of the VLV have decreased significantly. The maintenance of numerous state-owned administrative offices was no longer efficient. The aim of the law was to reduce the administrative effort required for the VLV by concentrating the tasks at the federal level. While in 2000 there were still 170 jobs for state employees to be financed by the federal government, the federal government planned to provide approx. 70 places to get by. The authorities of the Federal Property Administration , whose tasks were taken over by the Federal Agency for Real Estate Tasks from January 1, 2005 , became responsible. Apart from damage in accordance with the NATO troop statute, such damage is regulated in accordance with the Act on the Exchange of Notes of April 29, 1998 on the legal status of the Danish, Greek, Italian, Luxembourg, Norwegian, Portuguese, Spanish and Turkish armed forces in the Federal Republic of Germany. The competent authority within the meaning of Article 8 of the Act on the NATO Troop Statute and the additional agreements for the states of Berlin, Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia is the Defense Burden Administration of the State of Berlin.
On the basis of the legal authorization by Art. 1 of the law, the Federal Ministry of Finance determined in 2013:
“The competent authorities of the Defense Burden Administration are the Federal Damage Regulation Bodies (SRB). They are assigned to the Federal Agency for Real Estate Tasks based in Bonn.
The SRB of the federal government have the designation “Federal Agency for Real Estate Tasks” and “Federal Loss Regulators for Damage According to the NATO Troop Statute” as well as the federal eagle. The official seal of the SRB represents the federal eagle and is labeled "Federal Damage Regulation Agency". "
The East Regional Office is located in Erfurt , the West Regional Office in Koblenz and the South Regional Office in Nuremberg .
Federal budget expenditure
| Budget year | Single plan | Expenses (€) |
|---|---|---|
| 1992 | 35 | 74,137,000 |
| 2002 | 60 | 26,000,000 |
| 2006 | 60 | 19,000,000 |
| 2012 | 08 | 14,000,000 |
| 2013 | 08 | 13,000,000 |
Jurisprudence
Guiding principles: For a claim for damages by the federal government against a state due to incorrect administration of the defense burden, the administrative judicial process is available. The federal government and the states are mutually liable for proper administration, even without the implementation law provided for in Article 104a, Paragraph 5, Sentence 2 of the Basic Law to the extent that the implementation law could not lag behind (confirmation and continuation of previous case law). If a claim is made according to this, its enforcement is based on general rules. To the statute of limitations of the claim for compensation from Art. 104a Abs. 5 GG.
Damage caused by the Bundeswehr
The Federal Office for Infrastructure, Environmental Protection and Services of the Bundeswehr (BAIUDBw), Services and Legal Department, is responsible for this.
literature
- Federal Ministry of Finance : Reorganization of Defense Burden Management. In: Monthly Report 07.2002, pp. 77–83.
Web links
Individual evidence
- ↑ MinBl. Fin, p. 763.
- ↑ Art. 8 of the law on the agreement between the parties to the North Atlantic Treaty of June 19, 1951 on the status of their troops and on the additional agreements of August 3, 1959 to this agreement (law on the NATO troop statute and the additional agreements) of 18 August 1961 (Federal Law Gazette II p. 1183).
- ↑ In Article 8, Paragraph 3, however, the state government was authorized to regulate different jurisdictions.
- ↑ Counter-expression of the Federal Government in Bundestag printed matter 14/8764, p. 10.
- ↑ Appendix I, Chap. II Section I No. 6 on the Unification Agreement.
- ↑ Amendment of the law on the NATO troop statute and the supplementary agreements = Art. 1 Act amending the law on the NATO troop statute and other laws (Defense Burden Responsibility Amendment Act - VertLastÄndG) of 19 September 2002 (Federal Law Gazette II p. 2482). Entry into force: January 1, 2003; for the states of Bavaria, Hesse and Lower Saxony: January 1, 2005.
- ↑ Government draft of a law amending the law on the NATO troop statute and other laws (Defense Burden Responsibility Amendment Act - VertLastÄndG) http://dipbt.bundestag.de/doc/btd/14/087/1408764.pdf .
- ↑ Announcement of the Federal Ministry of Finance of October 22, 2002, Federal Gazette No. 227, p. 25833 of December 5, 2002.
- ↑ 9 July 1999 (Federal Law Gazette II p. 506)
- ↑ Announcement in the Federal Gazette of July 11, 2013. Retrieved on August 2, 2014. ( Memento of the original of August 8, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ BImA website. Retrieved August 4, 2014.
- ↑ DM amounts were converted; Information = target amounts according to budget.
