Concept and significance of civil defense
Die Civil defense is a central component of security and defense law. It refers to all non-military precautions and measures for the protection of the civilian population, public and private institutions, as well as the functional capability of the state in cases of conflict, crisis, or defense. The aim of civil defense is, in conjunction with military defense, to maintain the ability of society and government to act and to avert or mitigate harm to the population.
Legal foundations
Civil defense in the Basic Law
The relevant provisions can be found in the Basic Law (GG). Article 73(1)(1) GG assigns the Federation exclusive legislative competence for defense, which includes both military and civilian aspects. Articles 80a, 115a to 115l GG regulate the state of defense (“state of tension or defense”) and the measures stipulated for this purpose.
Civil protection legislation
The core element of the statutory provisions is the Civil Protection and Disaster Assistance Act (ZSKG). It sets out responsibilities, tasks, and powers within the framework of civil protection, including alerting, evacuation, supply, and protection technologies. There are also provisions in special laws such as the Civil Protection Act, the Act on the Assurance of Postal and Telecommunications Services in the Event of Defense (Post and Telecommunications Security Act – PTSG), as well as in the Act on Emergency Planning in the Electricity Sector.
Ordinances and implementing provisions
The implementation of civil defense-related provisions is carried out through a multitude of ordinances, administrative regulations, and guidelines, which empower the Federation, the federal states, and districts to prepare and carry out binding protective measures. These include, among others:
- the Civil Protection Measures Ordinance,
- implementing provisions on disaster assistance,
- technology-specific guidelines for the construction of shelters.
Responsibilities and organization
Distribution of powers between the Federation and the federal states
Responsibility for civil defense is divided federally. The Federation is primarily responsible for the preparedness and coordination of nationwide uniform civil protection measures, especially in the event of defense or tension. The federal states are responsible for disaster protection in the case of local incidents outside a state of defense. In crisis situations, there is organizational interlinking through joint operational management by the Federation, federal states, and subordinate authorities.
National protection mechanisms
Key instruments include the nationwide warning system (Katwarn, NINA app, siren networks), the establishment and operation of protective structures (e.g., civil protection facilities, bunkers), stockpiling of essential goods (food, medication, drinking water), as well as securing critical infrastructure (energy, communication, health system).
Measures and contents of civil defense
Protection of the civilian population
The goal is to minimize the effects of armed attacks, acts of sabotage, and other threats on the population. This includes evacuation plans, warning systems, emergency medical care, and psychological support for those affected. There is also a requirement to inform the population about self-protection measures and behavioral rules.
Maintaining governmental operational capability
A central element is ensuring the functionality of government bodies, authorities, and administrative institutions, even in the event of failure of communication systems or supply facilities. This includes emergency plans, alternative command centers, and protective measures for governments and critical public sector stakeholders.
Continuity of basic public services and goods supply
Civil defense law includes provisions for maintaining the basic supply of the population, such as drinking water, energy supply, food distribution, and medical care. This is supplemented by the Act on the Assurance of Services for Basic Public Services in the Event of Tension or Defense (Assurance Act – SiG).
Use and obligation of private resources
Within the framework of civil defense, private individuals can be enlisted to provide support under statutory provisions (so-called assurance measures and emergency powers). This includes, for example, the obligation to provide transport capacities, land, buildings, or to engage persons for auxiliary services, with details governed by the ZSKG and its implementing provisions.
Relationship to military defense and disaster protection
Civil defense is closely functionally connected to military defense. In the event of defense, measures from both areas are coordinated. While military defense is directed against external attacks, civil defense focuses on protection and maintaining viability within the country. The disaster protection is designed as a part of general hazard prevention, whereas civil protection specifically applies to exceptional situations during a state of defense or tension.
Cooperation at the European and international level
Transnational threat situations require close cooperation between states. Civil defense is therefore embedded in the mechanisms of European and international disaster and civil protection. Of particular importance here is cooperation within the framework of the European Union (EU), NATO, and the United Nations (UN). The legal basis includes multilateral treaties, directives, and mutual assistance in the event of a disaster.
Conclusion
Civil defense forms an essential pillar of the security architecture and is regulated in a legally complex manner. It encompasses all state and private protective measures in the non-military sphere to safeguard the civilian population and critical infrastructure in the event of defense. The legal provisions distribute responsibilities, measures, and obligations among the Federation, federal states, and private actors, and are embedded in a national as well as international hazard management system.
Further reading and legal texts:
- Basic Law for the Federal Republic of Germany
- Civil Protection and Disaster Assistance Act (ZSKG)
- Assurance Act (SiG)
- Civil Protection Act
- PTSG
- Federal Office of Civil Protection and Disaster Assistance (BBK) – Legal Foundations
Frequently asked questions
When does the Civil Protection Act apply, and what legal obligations result from it?
The Civil Protection Act (ZSCHG) comes into force as soon as there is a danger to the civilian population from armed conflicts, terrorist attacks, or similar exceptional threats. According to §1 ZSCHG, civil protection in such situations is a responsibility of the state, in particular through the development and maintenance of shelters, warning systems, and the conduct of emergency exercises. Legal and natural persons may be required by law to contribute to civil protection, such as by providing materials or services. In addition, property owners are obligated under §7 ZSCHG to tolerate structural civil protection measures—this includes, in particular, the installation of shelters or technical facilities. Exceptions or exemptions from these obligations are regulated only by law and require a formal administrative procedure.
What rights do affected citizens have during a civil defense situation?
In a civil defense situation, citizens continue to enjoy constitutional fundamental rights; however, certain rights—such as freedom of movement or the inviolability of the home—may be restricted by law or on a statutory basis to protect the population. This is done primarily through the Civil Protection Act in conjunction with the Basic Law (Art. 11, 13 GG). Claims for compensation for damages suffered as a result of state measures are legally guaranteed in §17 ZSCHG, provided that these measures were ordered within the framework of civil protection. The practical implementation of these restrictions and compensation regulations is carried out by the competent authorities at federal state and federal level.
How does the legal situation of civil defense in a state of tension or defense differ from peacetime?
The legal difference to peacetime is that, in a state of tension or defense, numerous laws automatically come into force or are expanded under Articles 80a and 115a of the Basic Law. This includes, among other things, the emergency constitution, under which certain sovereign powers are concentrated at the federal level and administrative powers are expanded. According to §9 ZSCHG, measures may be ordered that would not be permissible in peacetime, such as temporary expropriations, seizures, or compulsory service of civilians. The exercise of fundamental rights can be restricted under Article 115c GG, but only in strict compliance with the principle of proportionality.
Who is responsible for the legal implementation of civil defense and how is jurisdiction organized?
Legal responsibility basically lies with the Federation, specifically with the Federal Ministry of the Interior and Community, which is responsible for strategic planning and coordination. The federal states, following the principle of federalism, are responsible for implementing and enforcing measures within their own jurisdiction. Municipalities and counties are responsible for operational tasks at the local level, such as organizing evacuations. Cooperation is governed by the Civil Protection and Disaster Assistance Act, which clearly defines the interfaces between the various levels of administration. In the event of defense, federal authorities may intervene in state responsibilities by directive.
What legal remedies are available in the case of measures under civil defense?
Administrative legal recourse is generally available against official measures within the framework of civil protection. Affected parties may lodge an objection in accordance with the Administrative Procedure Act (§68 et seq.) and pursue legal action before the Administrative Court. In urgent cases, an application for interim legal protection (under §123 VwGO) is also available. In cases of significant interference with fundamental rights, an individual constitutional complaint to the Federal Constitutional Court is also possible if no other effective legal protection is available. Compensation issues are regularly handled in separate administrative proceedings, taking into account state liability law.
Do companies have to observe special legal requirements within the framework of civil defense?
Yes, companies are subject to special legal requirements during civil defense. Under §9 ZSCHG and other civil defense regulations, they can be required to provide infrastructure and services for protection and defense purposes. This includes, for example, ensuring energy supply, maintaining critical IT systems, or the storage and supply of strategic reserves. Business owners are required, under the guidance of the competent authorities, to create and cooperate with emergency plans. In the event of a government order to use or shut down business facilities, there is a statutory entitlement to compensation (§17 ZSCHG).
How are international legal obligations in the field of civil defense implemented?
Germany is obliged by international agreements—such as the 1977 Additional Protocol to the Geneva Convention—to comply with certain standards in the protection of the civilian population. These obligations are implemented in national law through §1 ZSCHG and subordinate provisions. This includes, for example, the prohibition of discrimination in access to protective measures or the treatment of civilian victims as required by international law. In addition, Germany regularly coordinates its civil protection measures within the European Union and NATO and harmonizes relevant legal acts to ensure cross-border protection and legal certainty in international disaster situations.
