The state of defence (, ) is the

constitutional A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these princ ...

state of emergency A state of emergency is a situation in which a government is empowered to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state before, during, o ...

Germany Germany, officially the Federal Republic of Germany, is a country in Central Europe. It lies between the Baltic Sea and the North Sea to the north and the Alps to the south. Its sixteen States of Germany, constituent states have a total popu ...

if the country is "under attack by armed force or imminently threatened with such an attack". Established by a

constitutional amendment A constitutional amendment (or constitutional alteration) is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly alt ...

in 1968 during the

Cold War The Cold War was a period of global Geopolitics, geopolitical rivalry between the United States (US) and the Soviet Union (USSR) and their respective allies, the capitalist Western Bloc and communist Eastern Bloc, which lasted from 1947 unt ...

, this state of emergency gives the

Federal Government A federation (also called a federal state) is an entity characterized by a political union, union of partially federated state, self-governing provinces, states, or other regions under a #Federal governments, federal government (federalism) ...

extraordinary powers in wartime. It is laid down i
Title Xa of the German Constitution
As of present, Germany has never been in the state of defence. In the

Bundeswehr The (, ''Federal Defence'') are the armed forces of the Germany, Federal Republic of Germany. The is divided into a military part (armed forces or ''Streitkräfte'') and a civil part, the military part consists of the four armed forces: Germ ...

it is also called the V-Fall, whereas the

Gehlen Organization The Gehlen Organization or Gehlen Org (often referred to as The Org) was an intelligence agency established in June 1946 by U.S. occupation authorities in the United States zone of post-war occupied Germany, and consisted of former members of the ...

called it the E-System or E-Fall. The preliminary stage to a state of defence is a state of tension (Articl
80a
. It goes hand in hand with raising the military alert level.

Declaration

According to articl

of the German Constitution, the state of defence shall be declared if "the federal territory

Federal Republic of Germany Germany, officially the Federal Republic of Germany, is a country in Central Europe. It lies between the Baltic Sea and the North Sea to the north and the Alps to the south. Its sixteen constituent states have a total population of over 84 ...

] is under attack by armed force or imminently threatened with such an attack". The normal procedure is that, upon request of the

, the

Bundestag The Bundestag (, "Federal Diet (assembly), Diet") is the lower house of the Germany, German Federalism in Germany, federal parliament. It is the only constitutional body of the federation directly elected by the German people. The Bundestag wa ...

determines that the conditions of the state of defence exist. That means that the Bundestag does not actually declare the state of defence; instead, it just decides whether it exists or not. (If, for example, a foreign army invaded Germany, the Bundestag would determine that the action is an "attack by armed force", as described in article 115a, and so Germany is in the state of defence.) The determination requires at least two thirds of the votes of the Bundestag present at that time (at least half of the members being the

quorum A quorum is the minimum number of members of a group necessary to constitute the group at a meeting. In a deliberative assembly (a body that uses parliamentary procedure, such as a legislature), a quorum is necessary to conduct the business of ...

). It also has to be approved by the Bundesrat with more than half of its members, which, according to general Bundesrat protocol, is given in bundled form by each Land. According to the prevailing opinion, a

terrorist attack Terrorism, in its broadest sense, is the use of violence against non-combatants to achieve political or ideological aims. The term is used in this regard primarily to refer to intentional violence during peacetime or in the context of war a ...

that is limited in terms of time and location, as well as a

cyber attack A cyberattack (or cyber attack) occurs when there is an unauthorized action against computer infrastructure that compromises the confidentiality, integrity, or availability of its content. The rising dependence on increasingly complex and inte ...

, can only lead to a state of defence if the destabilization triggered thereby threatens the existence of the state. In the event of catastrophes, the

can also be deployed domestically as a result of emergency regulations, which therefore does not justify a state of defence. The

Federal Constitutional Court The Federal Constitutional Court ( ; abbreviated: ) is the supreme constitutional court for the Federal Republic of Germany, established by the constitution or Basic Law () of Germany. Since its inception with the beginning of the post-W ...

can also declare a declaration of the state of defence in such a situation to be unconstitutional. If the Bundestag or the Bundesrat is not able to convene in time or not able to reach a quorum, the '' Joint Committee'' decides on their behalf, but approval by the Bundestag and Bundesrat has to be achieved as quickly as possible afterwards. If Germany is under attack by armed force and the Bundestag, the Bundesrat and the Joint Committee are not able to determine the state of defence immediately, "the determination shall be deemed to have been made and promulgated at the time the attack began". If, for example, an invasion started on January 4 at 4:17 a.m., Germany would be in the state of defence from that time, and the government could react immediately. If the state of defence is determined, this determination is announced by the Federal President in the Federal Law Gazette. If it is not possible to promulgate this in the Federal Law Gazette, it will be promulgated in some other way, usually via the media. The determination in the Federal Law Gazette must be made up for as soon as possible.

Consequences

Commander-in-chief

According to Articl
115b
GG, the Federal Chancellor becomes Commander-in-chief of the

armed forces A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. Militaries are typically authorized and maintained by a sovereign state, with their members identifiable by a ...

. (Normally, the

Minister of Defence A ministry of defence or defense (see spelling differences), also known as a department of defence or defense, is the part of a government responsible for matters of defence and military forces, found in states where the government is divid ...

holds that post.) He then combines political and military decision-making powers in his person. He does not become part of the armed forces himself and is therefore not a

combatant Combatant is the legal status of a person entitled to directly participate in hostilities during an armed conflict, and may be intentionally targeted by an adverse party for their participation in the armed conflict. Combatants are not afforded i ...

under

law of war The law of war is a component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of hostilities (''jus in bello''). Laws of war define sovereignty and nationhood, states and territories, ...

. This concentration of powers on the Federal Chancellor was controversial. However, the soldiers swear to serve the Federal Republic of Germany faithfully and to defend the rights and freedom of the German people, which means that even in the state of defence there is no total loyalty to a person and his orders, as was the case with the

Hitler Oath The Hitler Oath (German: or ''Führer'' Oath)—also referred in English as the Soldier's Oath—refers to the oaths of allegiance sworn by officers and soldiers of the ''Wehrmacht'' and civil servants of Nazi Germany between the years 1934 and ...

Bundeswehr

In the state of defence, the

has the authority under Articl
87a
of the

Basic Law A basic law is either a codified constitution, or in countries with uncodified constitutions, a law designed to have the effect of a constitution. The term ''basic law'' is used in some places as an alternative to "constitution" and may be inte ...

to protect civilian objects and to carry out traffic control tasks insofar as this is necessary to fulfill its defence mission. In addition, it can be assigned the protection of civilian objects to support police measures.

Extension of federal legislative powers

According to Articl
115c
GG, the Federal Government has extended legislative powers: *The Federal Government may pass laws with respect to any matter even if it would normally be under exclusive legislative power of the

Länder (singular ) or (singular ) is the name for (federal) states in two German-speaking countries. It may more specifically refer to: * States of Austria, the nine federal subdivisions of Austria * States of Germany The Federal Republic of Ge ...

. *Temporary provisions concerning the compensation for expropriations may differ fro
those
laid down in the constitution. *A law may rule that people arrested by police may be held in custody for four days before being brought before a judge (instead of "no later than the day following his arrest".) However, that applies only if no judge has been able to act in the normal time limit. *Laws concerning financial matters may differ from the requirements laid down in the title

''(The Execution of Federal Laws and the Federal Administration)'

''(Joint Tasks)'' an

''(Finance)'' of the constitution.

Use of Federal Police

According to articl

the Federal Government may employ the

Federal Police A law enforcement agency (LEA) is any government agency responsible for law enforcement within a specific jurisdiction through the employment and deployment of law enforcement officers and their resources. The most common type of law enforcement ...

(New name of the Federal Border Police) throughout the federal territory, everywhere in Germany. It is normally responsible for border protection, tasks of the railway police and in the field of

aviation security Airport security includes the techniques and methods used in an attempt to protect passengers, staff, aircraft, and airport property from malicious harm, crime, terrorism, and other threats. Aviation security is a combination of measures and hum ...

as well as the protection of federal bodies. By law a Compulsory Border Guard Service is still in force, but will only be executed in the state of defence or if there are not enough volunteers joining the Federal Police.

Extended powers of instruction

According to articl
115f, paragraph (1), clause 2 GG
the Federal Government may issue instructions to

state governments State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation state, a ...

and state authorities. (Normally, state governments act on their own, and state authorities receive their orders only from the state government.)

State governments

According to Articl
115i
the

or the authorities designated by them have the powers that the

grants to the Federal Government in the event of a state of defence if the latter is unable to take the measures necessary to avert the imminent danger.

Federal Constitutional Court

According to Articl
115g
the following regulations apply to the

during the state of defence. The Federal Constitutional Court Act may only be amended by the Joint Committee if the court deems it necessary to maintain its functionality. Until then, the court can take measures to maintain its functionality.

Declarations under international law

According to Article 115a, if the determination of the state of defence has been promulgated, and if the federal territory is under attack by armed force, the Federal President, with the consent of the Bundestag, may issue declarations under international law regarding the existence of the state of defence.

Conscription

In 2011, the German Conscription Act was changed to suspend - but not abolish - peacetime conscription. Since July 1, conscripts may not be drafted except during a State of Tension or a state of defence.

Legislative procedure

The normal legislative procedure is replaced by a faster one. According to articl
115d GG
bills are discussed "without delay" and adopted by the Bundestag and the Bundesrat, in a single joint session. The promulgation can initially also be made in another way, but must be made up for in the Federal Law Gazette as soon as possible.

Joint Committee

The '' Joint Committee'' (Gemeinsamer Ausschuss) consists of members of the

and members of the Bundesrat. Two thirds of the committee members are provided by the Bundestag, one third provided by the Bundesrat. The committee members of the Bundestag are designated by the Bundestag "in proportion to the relative strength of the various parliamentary groups". Every Land is represented by a Bundesrat member. The committee members of the Bundestag must not be members of the Cabinet, and the committee members of the Bundesrat are exceptionally "not bound by instructions". There are thus 16 members of the Bundesrat (one for each Land), and 32 members of the Bundestag (twice the number of Bundesrat members), giving it a total number of 48 members. The members of the Joint Committee and their deputies are already designated during peacetime. The Joint Committee takes over the tasks of both the Bundestag and the Bundesrat if, during the state of defence, it determines, with a two-thirds majority of its vote, that either the Bundestag or the Bundesrat is not able to convene in time or reach a

. That majority must include at least a majority of all committee members (at least 25 members). For example, if only 30 committee members could be reached, 20 votes would be a two-thirds majority, but at least 25 votes would be required for the determination. If the Joint Committee is not able to reach full strength (48 members), the Bundestag (in case of missing or dead Bundestag committee members) and/or the state governments (in case of missing or dead Bundesrat committee members) designate new committee members.section 1 of the Rules of Procedure of the Joint Committee
(German) The Joint Committee takes over any task normally dealt by the Bundestag and/or the Bundesrat. All decisions which would normally be made by the either the Bundestag, or the Bundesrat, or both of them, is made by the entire Joint Committee. However, there are some limitations to the power of the Joint Committee (when compared to Bundestag and Bundesrat): *It may not amend, abrogate or suspend the constitution, in whole or in part. *It may not enact laws pursuant t

''(European Union - Protection of basic rights - Principle of subsidiarity)''

''(Transfer of sovereign powers - System of collective security)'', o

''(New delimitation of the federal territory)'' of the constitution. *A

constructive vote of no confidence The constructive vote of no confidence (, ) is a variation on the motion of no confidence that allows a parliament to withdraw confidence from a head of government only if there is a positive majority for a prospective successor. The principle is i ...

by the Joint Committee requires a two-thirds majority (instead of just the majority of the votes needed for a vote of no confidence by the Bundestag). *Laws enacted by the Joint Committee may be repealed at any time by the Bundestag, with the consent of the Bundesrat. *Laws and ordinances passed by the Joint Committee shall become ineffective no later than six months after the end of the state of defence. The Joint Committee is based o
Articles 53a
''(Composition - Rules of procedure)'' an

''(Joint Committee)'' of the constitution, as well as on ow

With the consent of the Bundesrat, the Bundestag has the right at any time to declare the state of defence at an end. In this way there is no risk of the Joint Committee becoming a permanent parliament.

Extended electoral terms

According to articl

electoral terms that would expire during the state of defence are extended: *The electoral term of the

or a state parliament ends six months after the end of the state of defence. *The term of office of the

President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university *President (government title) President may also refer to: Arts and entertainment Film and television *'' Præsident ...

ends nine months after the end of the state of defence. *The term of office of a member of the

ends six months after the end of the state of defence. The dissolution of the Bundestag is excluded.

Termination

According to articl
115l GG
the state of defence can be ended at any time and must be if the conditions for its determination are no longer met. The decision must be made by the

with the consent of the Bundesrat and announced by the Federal President. The Bundesrat can demand that the Bundestag decide on this. Federal law decides on the conclusion of peace.

References

External links

Title Xa of the German Constitution
(English) {{Authority control Constitutional law Emergency laws in Germany German constitutional law