Constitutional law experts have raised concerns regarding a potential requirement for young men to obtain permission before traveling abroad.
Alexander Thiele, a professor of public law at the Business & Law School Berlin, stated to the “Welt” newspaper that, generally speaking, he does not consider the current regulation to be proportionate outside of a declared state of tension or defense. According to Thiele, the goal of the rule is to ensure knowledge of the whereabouts of potential conscripts and to maintain a sufficient number of individuals liable for military service. However, he added that this objective should be attainable even without such a requirement, by implementing an information obligation on the conscript combined with the ability to prohibit foreign travel on a case-by-case basis.
Thiele also pointed out that the law is unclear about the criteria upon which a permit might be denied. He argued that since obtaining such a clearance can take time, it represents an added burden that could result in significant financial consequences.
Volker Boehme-Neßler, a professor of public law at the Carl-von-Ossietzky University Oldenburg, echoed this criticism when speaking to the “Welt”. Boehme-Neßler noted that the purpose of a permit requirement is to maintain an overview of conscripts’ locations to ensure they can be reached quickly, and also to prevent those liable for service from circumventing their duties by traveling abroad. However, he pointed out that at the moment, conscripts are not being called up for service.
Because there is currently no compulsory call-up that can be enforced by force, Boehme-Neßler stated that it is unnecessary and disproportionate to control longer periods of foreign travel. He further critiqued the Defense Ministry’s potential move to issue administrative regulations clarifying that permits should generally be granted, arguing that this would be insufficient. In his view, even the obligation to apply for a permit is unconstitutional as long as military service is not actually being carried out.
Johannes Fechner, the parliamentary managing director for the SPD faction, had previously stated that there is currently no permit requirement for young men traveling abroad, arguing that because there is no mandatory service requirement, there is no obligation for men between the ages of 17 and 45 to get permission for extended trips abroad. Boehme-Neßler refuted this, asserting, “The conscription is not abolished. It remains in effect, it is just not currently being implemented”. He warned that for men between 17 and 45, this means they would be required to obtain approval for extended foreign stays.
