Suspension of conscription – definition and legal framework
Die Suspension of conscription refers to the complete or partial interruption of the statutory obligation of citizens of a state to perform military service. In German law, this term is especially significant in connection with the so-called ‘peace-time conscription’ pursuant to Art. 12a of the Basic Law (Grundgesetz, GG) and the Conscription Act (Wehrpflichtgesetz, WPflG). The following will comprehensively present the various legal aspects of the suspension of conscription.
Legal foundations of conscription in Germany
Constitutional basis
Conscription is constitutionally regulated in the Basic Law, especially in Art. 12a GG. There, the legislature is permitted to require men upon reaching the age of 18 to serve in the armed forces or perform alternative service. The decision whether and to what extent to introduce or suspend conscription is at the discretion of the legislature.
Art. 12a GG and alternative services
In addition to military conscription, Art. 12a GG also governs alternative service (civilian service) as well as the obligation to other services in the event of defense. This provides the possibility to suspend conscription and switch the system to a voluntary basis.
Implementation via the Conscription Act (WPflG)
The Conscription Act contains detailed provisions on the registration, examination, and drafting of persons liable for conscription. It sets out the requirements, duration, and execution of conscription and defines the conditions for its suspension.
Legal form of the suspension of conscription
Statutory basis for the suspension
The suspension of conscription does not occur by amending the Basic Law, but by a simple statutory regulation. In the case of the Federal Republic of Germany, the ‘Wehrrechtsänderungsgesetz’ 2011 (WehrRÄndG 2011, Federal Law Gazette I p. 678) stipulated that conscription for basic military service was to be suspended. § 1a WPflG was introduced and states that, in peacetime, no call-ups are to take place, if this is determined or revoked by a resolution of the Bundestag.
Legislative competence
According to Art. 73 para. 1 no. 1 GG, the legislative competence to suspend conscription lies with the federal government. This allows the suspension or reinstatement of conscription by federal law. For this, a constitutional amendment is not required, only an amendment to implementing laws.
Practical implementation in 2011
As part of the reorientation of the Bundeswehr, it was decided to suspend compulsory basic military service with effect from 1 July 2011. Since then, the legal basis for conscription remains, but no more call-ups are practically made.
Scope and content of the suspension
Effects of the suspension
The suspension interrupts the obligation to report for military service but does not eliminate it permanently. The legal obligation remains, but is suspended for an indefinite period. Immediate resumption would be possible via a simple legislative decision by the Bundestag.
Status of conscripts
Persons who were examined or summoned for examination before the suspension are no longer called up. Any call-up notices already issued have also become void as a result of the suspension, unless the individuals concerned had already commenced service.
Difference from the abolition of conscription
The suspension differs from a permanent abolition in that the underlying law continues to exist and only the application (call-up) is dormant. A complete abolition would require a change in the legal basis and, in extreme cases, even require an amendment to the Basic Law.
Special legal questions and consequences
Legal consequences for alternative service providers
The obligation to perform alternative service (e.g., civilian service) is linked to conscription. With its suspension, there is also no obligation to perform civilian alternative service. This also affects other areas, such as substitute defense service and certain rights and special protections linked to military service.
Status during periods of tension or defense
Suspension only applies during peacetime. In the event of tension or defense, call-ups may be reactivated by parliamentary resolution (Art. 12a GG, para. 5). An ordinary amendment of the law suffices to reinstate conscription.
Service obligations under Art. 12a GG
In the case of defense, other groups can also be required to perform services. The statutory provisions remain and can be activated at any time.
Impacts on the principle of equal treatment
The suspension of conscription applies exclusively to those groups of people who were previously required to serve (currently male German citizens from age 18). Since the suspension has come into force, no persons are called up for military service, so the principle of equality continues to be respected.
Historical development and international comparisons
Development of the legal situation in Germany
Conscription was first introduced in the Federal Republic of Germany in 1956. Through various legal amendments, it was always adapted to security policy developments. The suspension in 2011 marks a turning point and leaves conscription as a so-called ‘dormant obligation’ in the background, although its legal basis still exists.
Regulations in other countries
Other countries are also familiar with the instrument of conscription suspension, which is clearly distinct from abolition. Countries such as France, Italy, or Spain have abolished conscription entirely, while others, such as Denmark or Finland, have enshrined the option of suspension in their laws. The legal forms and prerequisites differ considerably according to national law.
Conclusion
Die Suspension of conscription is a legally complex instrument that allows the legislature flexible options to adapt to changing security policy requirements without fundamentally abolishing constitutionally mandated conscription. Suspension leaves the legal obligation in place but suspends its enforcement, usually through a simple law and accompanying implementing provisions. In peacetime, conscription is therefore currently inactive, but can be reactivated at any time if the circumstances change. The suspension does not affect constitutional fundamentals but is based on the deliberate non-application of existing laws. Therefore, the conceptual and legal understanding must always be considered in the light of national legislation and context.
Frequently asked questions
Does a legal obligation to perform basic military service still exist since the suspension of conscription?
With the suspension of conscription as of 1 July 2011, the general obligation to perform basic military service in Germany under § 1 para. 1 Conscription Act (WPflG) was rescinded. However, conscription itself was not abolished; the corresponding law remains in force. The obligation to perform basic military service is currently dormant and will only be reactivated in the event of defense or tension. This is legally regulated in § 2 para. 1 sentence 2 WPflG, according to which no call-ups to basic military service occur in peacetime. In the event of tension or defense, conscription can be revived by specific determinations of the German Bundestag pursuant to Art. 115a of the Basic Law.
What legal regulations enable a reintroduction of conscription?
The suspension of conscription was implemented by amendments to the Conscription Act (especially § 2 WPflG), not by its complete abolition. The legal basis remains, so the legislature can lift the suspension at any time by a simple majority decision in the Bundestag. Furthermore, the Basic Law explicitly provides in Art. 12a para. 1 for the right to reintroduce conscription in the event of defense or tension. Legally, this ensures that reactivation could occur at short notice, without the need to amend the Basic Law.
What legal effects does the suspension of conscription have on alternative services such as civilian service?
Since civilian service is directly linked to conscription, the obligation to perform an alternative service was also rescinded upon the suspension of conscription. Pursuant to § 1 para. 2 Civilian Service Act (ZDG), no conscripts have since been called up for civilian service. Civilian services already started or ongoing were completed under existing protections, but no new call-ups have taken place since the suspension. The legal provisions on civilian service remain in force but are currently not applied.
What is the legal situation for former conscripts who were not called up before the suspension?
For conscripts who were not called up before 1 July 2011, there is in principle no longer any obligation to perform basic military service retroactively. The call-up obligation is suspended by law and can only be revived in the event of defense or tension. However, in the context of military exercises or the reactivation of conscription, special provisions may apply in exceptional cases, for example for reservists or highly qualified professionals. In general, retroactive call-up in peacetime is excluded.
Is the suspension of conscription compatible with the Basic Law?
The suspension is legally permissible because the Basic Law in Art. 12a para. 1 merely provides the legal option to introduce conscription, but does not require it. The federal government has broad discretion to legislate or suspend conscription as long as permanent abolition is not pursued. The continued existence of a legal basis and the option for reinstatement are sufficient to meet constitutional requirements.
Can voluntary services or voluntary military service legally replace conscription?
Voluntary services, such as the voluntary military service introduced in 2011 pursuant to § 54c Soldiers Act, do not replace the obligation and do not alter the legal status of conscription. They exist independently of suspended conscription alongside professional soldiers and regular soldiers serving fixed terms and are based on the principle of voluntariness. There is no legal equivalence with conscription. The voluntary services are currently used for Bundeswehr recruitment without imposing a mandatory obligation on citizens.
What are the legal requirements for a possible reactivation of conscription?
Legal reactivation follows clearly defined legislative steps. First, a legislative act is required by which the suspension (§ 2 para. 1 sentence 2 WPflG) is lifted. In the event of an armed threat, this could also be expedited by emergency laws and with the consent of the Bundesrat. In addition, a corresponding determination of a state of tension or defense by the Bundestag pursuant to Art. 115a GG is necessary for the full activation of all conscription elements. At the same time, further legislative measures must be taken to organize and carry out the medical examination and call-ups.
