Military Law (Germany)

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This article was entered in the editorial right for improvement due to formal or factual deficiencies in quality assurance . This is done in order to bring the quality of articles from the subject area law to an acceptable level. Help to eliminate the shortcomings in this article and take part in the discussion ! ( + ) Reason: The article consists essentially of a list of laws that are related to the military. The article does not explain what military law is, what constitutes it, what its main areas of regulation are and how it is differentiated from other areas - Domitius Ulpianus ( discussion ) 18:20, Jan. 11, 2019 (CET)

The Military Law in Germany is a branch of public law . It comprises the legal provisions on the position and deployment of the armed forces , compulsory military service and military service , the legal status of soldiers including their rights, obligations and soldiers' participation, military complaints and military disciplinary law, the issues of military pay , welfare and supply , military service law and other things Right of defense.

Constitutional regulations

The constitutional basis for military law can be found in the Basic Law (GG), in the changes made therein from March 26, 1954 ( Federal Law Gazette I p. 45 ), in the Military Constitution of March 19, 1956 ( Federal Law Gazette I p. 111 ) and in of the Emergency Constitution of June 24, 1968 ( Federal Law Gazette I p. 709 ).

The federal government sets up armed forces for defense ( Art. 87a para. 1 GG). Except for defense, the armed forces may only be deployed insofar as the Basic Law expressly allows it ( Art. 87a (2) GG). The conduct of a war of aggression and its preparation are unconstitutional ( Article 26, Paragraph 1, Basic Law). A country can request forces from the armed forces to provide assistance in the event of a natural disaster or a particularly serious accident ( Article 35 (2) of the Basic Law). If the natural disaster or accident endangers the area of ​​more than one country, the federal government can deploy units of the armed forces to support police forces ( Article 35, Paragraph 3, Basic Law).

The Federal Minister of Defense has the command and command authority over the armed forces ( Art. 65a GG). With the announcement of the case of defense , the authority and command over the armed forces is transferred to the Federal Chancellor ( Art. 115b GG). Regulations on a state of defense can be found in Chapter X a. of the Basic Law, in Art. 115a ff.

Men can be obliged to serve in the armed forces ( Article 12a, Paragraph 1 of the Basic Law). Certain basic rights can be restricted for members of the armed forces during military service and for defense purposes ( Art. 17a GG).

The Bundestag appoints a committee for defense , which also has the rights of a committee of inquiry ( Art. 45a GG). A defense commissioner of the Bundestag is appointed to protect fundamental rights and as an auxiliary body of the Bundestag in exercising parliamentary control ( Art. 45b GG). The Armed Forces Commissioner Act regulates the details .

The Bundeswehr administration is separate from the armed forces. It is run by federal administration with its own administrative substructure ( Art. 87b GG). It serves the tasks of human resources and the direct coverage of the material needs of the armed forces. The federal government can establish military criminal courts for the armed forces as federal courts ( Article 96, Paragraph 2, Basic Law).

Defense constitution

The military constitution regulates conscription law.

Simple legal regulations

Subsidiary regulations

Legal status of soldiers

Soldiers 'law is the soldiers' service law analogous to civil servant law . It regulates the legal status, rights and duties of soldiers. A soldier is someone who is in military service on the basis of compulsory military service or voluntary obligation ( professional or temporary soldier ). The state and soldiers are linked to one another by mutual loyalty ( Section 1 (1) SG). The soldier is to be appointed and deployed according to suitability , ability and performance ( § 3 Paragraph 1 SG). The basic duty of the soldier is to serve the Federal Republic of Germany faithfully and to valiantly defend the rights and freedom of the German people ( § 7 SG). They pledge or swear this duty in an oath ( § 9 SG). He must recognize the free democratic basic order and stand up for its preservation through his entire behavior ( § 8 SG). A soldier must obey his superiors. He has to carry out your orders completely, conscientiously and immediately to the best of his ability ( § 11 SG). All soldiers are obliged to respect the dignity , honor and rights of their comrades and to support them in need and danger ( § 12 SG).

Simple legal regulations

Subsidiary regulations

Defense complaints and disciplinary law

The right of military complaints stipulates that a soldier can complain if he believes he has been treated incorrectly by superiors or by agencies of the Federal Armed Forces or has been injured by comrades in breach of duty ( Section 1 (1) sentence 1 WBO). The military disciplinary law regulates the disciplinary superiors as well as the positive and negative disciplinary measures in simple and judicial proceedings before the troop service court . In contrast to civil servants' service law, it also includes positive action such as formal recognition . As negative measures u. a. Exit restrictions and disciplinary arrest are imposed.

Simple legal regulations

Subsidiary regulations

Wehrsold - welfare - supply

Military law also includes aspects of military pay, welfare and provision. Soldiers who do not do professional military service (temporary soldiers and professional soldiers) receive payments in cash and in kind ( Section 1 (1) WBO). The soldiers are supplied to the professional soldiers in a similar way as that of the civil servants with special features for military service injuries . There are special regulations for temporary soldiers . They are entitled to services from the vocational promotion service , to transitional allowances as a one-off payment and transitional fees or compensatory payments as monthly payments after the end of their service period, as well as preferential access via reservation points to the civilian public service by means of an integration or approval certificate .

Simple legal regulations

Subsidiary regulations

Military service law

The military service law regulates the obligation of private individuals to surrender or tolerate effects on movable or immovable property, the tolerance and restriction obligations of landowners as well as the restriction of the use of land for defense purposes, as well as their compensation .

Simple legal regulations

Subsidiary regulations

Other law of defense

Other defense law regulates civil service in Germany as well as the use of direct compulsion by soldiers with guard duties . The Federal President donated the troop flags of the Bundeswehr as an outward sign of common fulfillment of duty in the service of the people and the state for battalions and corresponding associations in the colors black, red and gold with federal eagles .

Simple legal regulations

Subsidiary regulations

Further legal regulations

The Military Penal Act (WStG) defines crimes that can only be committed by soldiers of the Bundeswehr ( Section 1 WStG). Parliamentary participation in the decision on foreign deployments of the Bundeswehr has been regulated in the Parliamentary Participation Act since 2005 . The MAD Act contains provisions on the Military Counterintelligence Service (MAD) as a defensive intelligence service and higher civil federal authority within the portfolio of the Federal Ministry of Defense .

See also

Web links

Individual evidence

  1. ^ FNA 5 Defense. In: http://www.buzer.de/ . Retrieved January 10, 2019 .
  2. ↑ Yes to the Defense Constitution and the Soldiers Act. In: https://www.bundestag.de/ . Bundestag, February 26, 2016, accessed on January 10, 2019 .