Concept and Fundamentals of the Military Service Relationship
Das Military Service Relationship refers, under German law, to the public law service relationship in which individuals commit themselves to the armed forces to fulfill compulsory military service or voluntary military service. It forms the legal basis for performing military service, particularly for temporary-career soldiers, voluntary military service members, and conscripts. The military service relationship is comprehensively regulated in the Soldatengesetz (SG, Soldiers Act), the Wehrpflichtgesetz (WPflG, Compulsory Military Service Act), as well as further relevant regulations, and is closely linked to constitutional law, civil service law, as well as labor and disciplinary law.
Legal Sources of the Military Service Relationship
Soldatengesetz (SG)
The Soldatengesetz governs the legal status of soldiers and thus serves as the principal law for the military service relationship. It determines the rights and duties of soldiers, the various forms of military service, their status, and safeguards special rights.
Wehrpflichtgesetz (WPflG)
The Wehrpflichtgesetz regulates the obligation of German nationals to perform compulsory basic military service and other forms of service in the armed forces. The WPflG specifies the civic duty of national defense as stipulated in the Basic Law.
Other Relevant Regulations
Additionally, the Wehrrechtsänderungsgesetz, the Military Disciplinary Code (WDO), and various administrative regulations are relevant, which govern organization, command relationships, and disciplinary procedures.
Types and Forms of the Military Service Relationship
Compulsory Basic Military Service Relationship
Historically, compulsory basic military service was mandatory for male German citizens between the ages of 18 and 25 (§ 1 WPflG). Since the suspension of compulsory military service in 2011, basic military service is only called up in case of a state of tension or defense.
Voluntary Military Service
Voluntary military service offers the possibility to commit to military service for a specified period even without existing conscription (§ 54 SG).
Special Types of Military Service Relationships
Temporary-career soldiers (SaZ) and professional soldiers are subject to a special status-related military service relationship, which includes a long-term service commitment and comprehensive legal obligations (§§ 39 ff., 42 ff. SG).
Reservist Service
The reservist service relationship refers to the service relationship of individuals who, after active duty, can continue to be called upon for military tasks. Its design and the associated rights and duties are regulated in the Soldatengesetz and the Reservistengesetz.
Status-Related Characteristics of the Military Service Relationship
Public Law Service Relationship
The military service relationship is a special legal status of its own character, assigned to public law. It establishes mutual rights and obligations not on the basis of private contracts, but by statute.
Establishment and Termination
The establishment of the military service relationship takes place through an appointment (call-up) into the service relationship (§ 3 SG). Termination can occur through expiration of the service period, discharge, loss of citizenship, or revocation of rank.
Status Groups of Soldiers
A distinction is made between conscripts, voluntary service personnel, temporary-career soldiers, and professional soldiers. Each status carries different legal consequences regarding duration of service, benefits, and promotion opportunities.
Rights and Obligations in the Military Service Relationship
Duty of Service and Duty of Obedience
Soldiers are subject to the special duty of faithful service fulfillment and the duty to obey orders from superiors (§ 10 SG). Exceptions are orders which violate human dignity or criminal laws (§ 11 SG).
Duty of Care and Restrictions on Fundamental Rights
The superior commits to a special duty of care but is also subject to legitimate restrictions of fundamental rights regarding freedom of expression, assembly, or movement (§ 6, 7 SG, Art. 17a GG).
Confidentiality and Official Secrecy
Soldiers are obliged to maintain confidentiality regarding official matters (§ 14 SG). Violations can result in disciplinary and criminal consequences.
Right of Appeal
The military service relationship provides for an extensive right of appeal against superiors and the Parliamentary Commissioner for the Armed Forces (§ 17 SG).
Disciplinary and Welfare Law in the Military Service Relationship
Disciplinary Responsibility
The military service relationship is characterized by an independent disciplinary law, regulated in the Military Disciplinary Code (WDO). Violations of service duties can be sanctioned with disciplinary measures.
Welfare and Care
Within the framework of their military service relationship, soldiers enjoy special rights to medical care, allowances, military pay, and any benefits after leaving active service, with entitlement based on the Soldiers’ Pensions Act.
Relationship to Other Public Law Service Relationships
The military service relationship differs in key respects from other public law service relationships—particularly the civil servant relationship. While civil servants serve the administration, the military service relationship is tailored to the special requirements of military service.
Legal Status in a State of Tension or Defense
In a state of tension or defense, the military service relationship is subject to special extensions. Service relationships may be prolonged, conscripts may be called up, and additional duties required to ensure the armed forces’ operational readiness in the best possible way (§ 2 WPflG).
Termination and Aftereffects of the Military Service Relationship
Termination generally takes place through discharge, expiration of the service period, or revocation of rank. After termination, there remain entitlements to pensions and retirement benefits; disciplinary measures may also be carried out after leaving service.
Literature and Web Links
Further information can be found especially in the Soldatengesetz, the Wehrpflichtgesetz, as well as in relevant administrative regulations and commentaries on military law.
Conclusion: The military service relationship, as a central legal institution of the German armed forces, comprehensively regulates the legal relationships between soldiers and superiors. It is characterized by special rights, duties, and restrictions, the specific design of which is set out in numerous legal provisions. The complexity of the military service relationship is reflected especially in the interplay between general service law, disciplinary law, civil service law, and the Basic Law.
Frequently Asked Questions
Which legal frameworks regulate the military service relationship in Germany?
The military service relationship in Germany is essentially governed by the Soldatengesetz (SG), the Wehrpflichtgesetz (WPflG), the Wehrrechtsänderungsgesetz, as well as supplementary provisions such as the Military Disciplinary Code (WDO). The Soldatengesetz defines, among other things, the rights and duties of soldiers, types of military service, the service relationship, and the options for terminating the military service relationship. The Wehrpflichtgesetz regulates who is subject to conscription, the conditions under which conscription is suspended or ends, and which special rules apply for reservists and in cases of tension or defense. Additional regulations address disciplinary, welfare, and care rights, as well as rules on data protection and medical care during military service.
What rights and obligations do soldiers have in the military service relationship?
Within the military service relationship, soldiers have specific rights such as the superior’s duty of care, the right to pay, accommodation, food, medical care, and social support. They also have special participatory rights, e.g. through participation committees such as the spokesperson committee. On the other hand, comprehensive duties exist, especially the duty of camaraderie, loyalty, lawfulness, and the willingness to put one’s own integrity and health at risk as part of military duties. Special features apply to service reprimands, which differ significantly from those in civilian employment law, particularly regarding disciplinary proceedings and duties of obedience.
How is the military service relationship established and can it be legally challenged?
The military service relationship is established by an appointment to such a relationship, usually through a written call-up order. Legal objections to the call-up order can be lodged within legally prescribed periods, and in certain cases, recourse to administrative courts is possible. Grounds for a challenge can include health reasons, cases of undue hardship in the family, or constitutional concerns. Legal review routinely focuses on the lawfulness of the call-up and the proper conduct of administrative procedures.
How is the military service relationship terminated and what are its legal consequences?
The military service relationship is regularly terminated by discharge after the end of the service period, through incapacity for service, death, or in some cases for disciplinary reasons. In the case of early discharge, whether at one’s own request or for service reasons, separate rules apply concerning benefits, claims to transition payments, and returning to previous employment. The grounds for termination and their legal consequences are found especially in §§ 54 ff. SG. Rights to appeal or to file a complaint exist in these cases, for example if a discharge is considered unlawful.
What special rules apply to the military service relationship in times of tension or defense?
In a state of tension or defense, the regulations for the military service relationship are supplemented or modified by Article 12a of the Basic Law as well as by special provisions, such as the Einsatz-Weiterverwendungsgesetz and the Wehrpflichtverordnung. Statutory exceptions and special rules address the duration and extension of military service, temporary restrictions of fundamental rights, and deployment abroad. In particular, the inclusion of reservists and the possibility of short-term call-up for national defense are especially regulated.
To what extent is the military service relationship subject to data protection and how are personnel data protected?
The military service relationship is subject to the general data protection regulations of the Federal Data Protection Act, as well as sector-specific provisions of soldiers’ and military law. Personal data—such as health status, suitability, or operational status—may only be collected, processed, and used when necessary for the military service relationship and when there is a legal basis. Special protective regulations also apply, for example, to access to sensitive health data. If data protection regulations are violated, those affected have a right of access and, if applicable, to the erasure of their data.
What legal options exist for extending or shortening the military service relationship?
The military service relationship may, in exceptional cases, be extended, for example in a state of tension or defense, during ongoing investigations or disciplinary proceedings, or at the voluntary request of the soldier. A shortening is also possible—for example, due to unreasonableness, health reasons, or based on regulations for voluntary military service. The legal preconditions are precisely regulated in the Soldatengesetz and supplementary administrative regulations. In all cases, an individual assessment and possibly a legal procedure for reviewing the decision is provided.
