Bundestag Opinion: Pistorius' Suspension of Conscription Reporting Obligation Was Unlawful

The Opinion's Argumentation

Defense Minister Pistorius had assured that the reporting obligation would not be enforced as long as no state of tension or defense was declared. The ministry subsequently suspended the regulation for all affected men via a general decree.

The 13-page opinion concludes that this complete suspension is unlawful. It argues that the executive branch is not permitted to permanently set aside a law or parts thereof. This possibility remains solely with the judiciary within the framework of constitutional jurisdiction.

The Bundestag's legal experts state that while the Conscription Act allows the ministry to grant exceptions to the reporting obligation, it does not permit its complete abolition. If exceptions are defined, cases must remain for which the law continues to apply – otherwise, the exception would become the rule.

Criticism from the Left and Ministerial Reaction

Since the general decree exempts all male individuals from the reporting obligation and does not provide a time limit, it creates a "legal permanent state." This is prohibited for the executive branch, which is only authorized to apply and execute laws.

Desiree Becker, deputy leader of the Left Party faction, had already submitted a written parliamentary inquiry to the federal government on April 15, pointing out potential legal errors. The ministry responded on April 22 with a letter of only three sentences, which did not address her concerns.

Becker described the incident as "further proof of incompetence and maximum ministerial failure." The opinion now provides legal backing for her criticism.

Possible Consequences

The opinion outlines two possible ways out of the legal gray area: The Ministry of Defense could revoke its own general decree. Alternatively, a court could declare the decree invalid.

The reporting obligation itself existed even before the suspension of conscription in 2011. It had been reinstated with the introduction of the so-called "New Military Service," which is based on voluntariness and which Pistorius intends to maintain.