Compulsory Border Protection Service: Difference between revisions

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The '''Compulsory Border Guard Service''' (German: ''Grenzschutzdienstpflicht'') was enacted by the [[Germany|German]] [[Bundestag|parliament]] in the Federal Border Protection Act of 18 August 1972, based on Article 12a of the [[Basic Law for the Federal Republic of Germany | German Constitution]].<ref>{{Cite web | url=https://www.bgbl.de/xaver/bgbl/start.xav?start=//*%5B@attr_id=%27bgbl169s0041.pdf%27%5D#__bgbl__%2F%2F*%5B%40attr_id%3D%27bgbl169s0041.pdf%27%5D__1542290943773 | title=Bundesgesetzblatt}}</ref> The remaining provisions of the Federal Border Protection Act were repealed in 1994.<ref>{{Cite web | url=https://www.jurion.de/gesetze/bgsg/50/ | title=§ 50 BGSG, Beginn und Ende der Grenzschutzdienstpflicht}}</ref><ref>{{Cite web | url=https://www.gesetze-im-internet.de/bgsg/index.html | title=BGSG - nichtamtliches Inhaltsverzeichnis}}</ref> However, the compulsory border guard service has not been enforced since 1973. Anyone who serves or served in the [[Bundesgrenzschutz|Federal Border Guard]] (German: ''Bundesgrenzschutz (BGS)'')]] can no longer be assigned to the [[military service]] (§ 42a Conscription Law) in the German [[Bundeswehr | GermanFederal Armed Forces]] (German: ''Bundeswehr'')]]. In 2005 the border guard service has been renamed to [[Federal Police (Germany) | Federal Police]] (German: ''Bundespolizei'')]], so the mandatory service has to be achieved there.<ref>{{Cite book | url=https://books.google.com/?id=RcPPBgAAQBAJ&pg=PA57&lpg=PA57&dq=Grenzschutzdienstpflicht#v=onepage&q=Grenzschutzdienstpflicht&f=false | title=Rechtskunde — leicht verständlich| isbn=9783663130871| last1=Verheyen| first1=Josef| date=2013-11-11}}</ref><ref>http://dipbt.bundestag.de/doc/brd/1994/D840+94.pdf</ref><ref>{{Cite book | doi=10.1007/978-3-658-10928-8_9|chapter = Einführung der Grenzschutzdienstpflicht|title = Installation und Konsolidierung des Bundesgrenzschutzes 1949 bis 1972| pages=348–376|year = 2016|last1 = Parma|first1 = David| isbn=978-3-658-10927-1}}</ref>

== History ==

For the compulsory border guard service, men can be called up beginning at the age of eighteen, if they were members of the Federal Police or they did not serve in the military or federal police yet. The mandatory service can only take place, if there are not enough volunteers joining the federal police. If the demand is covert with volunteers again, the service ends at the same time for the already drafted persons.

The implementation of the cumpulsory border guard service has to be seen in a historical context. Until the 1980s the BGS was organized as a [[paramilitary | paramilitary]] force for national deployment, both at the inner-German border or in case of civil unrest, because this was prohibited for the ''Bundeswehr'' in principle. The BGS was featured with heavy military equipment and the officers were officially [[combatant | combatants]] until 1994. After emergency laws have been enacted in 1968, the tasks of the BGS changed. The military task was reduced, because in a state of emergency the ''Bundeswehr'' is now entitled under restrictive circumstances to be deployed in interior events. Nevertheless, the BGS was equipped with light and medium infantry weapons until the mid-eighties.

== Draft of Border Guards ==

The employment status is similar to the status during the military service. The service is divided into border protection basic service, border protection exercises and perpetual border protection service in case of defense and in the cases mentioned in article 91 of the constitution. Former members belong to the border protection reserve. The service providers are in a public service and loyalty relationship of a special nature, not in a civil servant relationship. Nevertheless, they have the rights and obligations of a regular federal police officer.

Men, at the age of eighteen or older and if they were retired members of the Federal Police or they did not serve in the military or federal police yet, can be drafted to the border guard service. The mandatory service can be introduced, if there are not enough volunteers joining the federal police. If the demand is covert with volunteers again, the service ends at the same time for the already drafted persons. The employment status of the draftees is similar to the status during the military service. The service is divided into border protection basic service, border protection exercises and perpetual border protection service in case of defense and in the cases mentioned in article 91 of the constitution. Retired members belong to the border guard reserve.

== Current enforcement of the draft ==

Although the compulsory border guard service remains in the law, since 1994 it need to be put into effect by a resolution of the parliament.

Although the compulsory border guard service remains in the law, but since 1994 it needneeds to be put into effect by a resolution of the parliament, similar to the suspended [[Conscription in Germany | conscription]] for the military service in 2011.

== See also==