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Qi, Ligang: The ownership of the army of the Federal Republic of Germany
Date: 11/1/2018 4:37:41 PM Sender: Qi, Ligang
Qi, Ligang: The ownership of the army of the Federal Republic of Germany
齐立刚(Qi, Ligang)
In view of the Nazi-German period, the Nazi Party privately set the lessons of the stormtroopers and the SS, the German Basic Law has strict rules on the ownership of the military:
Article 60 Appointment, pardon, exemption.
1. The Federal President appoints and removes federal judges, federal civil servants, military officers, and junior officers, except as otherwise provided by law.
Article 87a Establishment and commissioning of the military.
1. The federation establishes an army for defense. The budget plan must state the basics of the number of troops and their size.
2. In addition to being used for defense, the military can only be put into use if it is expressly permitted by this Basic Law.
3. In the defensive state and emergency state, the military has the right to protect civilian property and enforce traffic control within the necessary scope of fulfilling its defensive tasks. In addition, in the defensive state and in an emergency, the military can be entrusted with the task of protecting civilian property to support the police's actions; at that time, the military cooperates with the competent authorities.
4. The Federal Government may use the preconditions referred to in Article 91, paragraph 2, and when the police and the Federal Frontier Forces are underpowered, in order to withstand the imminent danger of the basic order of federal or state survival and freedom and democracy. The military supports the police and the federal border guards to protect civilian property and organize an organized military rebellion. If the Bundestag or the Federal Senate asks to stop using the army, it should stop using it.
Article 87b Administration of the Federal Defence Forces
1. The administration of the Bundeswehr is carried out by the federal executive and its affiliates. The executive branch of the Bundeswehr performs the personnel tasks of the armed forces and the task of directly enriching the military. The task of rescuing disabled soldiers and construction projects can only be carried out by the federal defense forces' administrative agencies in accordance with federal laws approved by the Federal Senate. In addition, laws that authorize the Bundeswehr administration to interfere with the rights of third parties are subject to approval by the Federal Senate; except for personnel laws.
2. In addition, federal laws relating to national defense, including federal law for conscription and civil defense, may be required to be enforced in whole or in part by the federal executive and its affiliates, or by the federal commissioning states. If the law is entrusted by the state to the states, the approval of the Federal Senate may provide for the transfer of all or part of the functions of the federal government and the federal supreme executive under Article 85 to the federal senior executive; at the same time, such laws may It is stipulated that the Federal High Administrative Organs do not need to obtain the approval of the Federal Senate when issuing general administrative provisions in accordance with the first sentence of Article 85, paragraph 2.

Qi, Ligang            
November 1, 2018

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