Das Parlament Und Sein Heer: Das Parlamentsbeteiligungsgesetz

The German Federal Constitutional Court derived the requirement of constitutive parliamentary approval for the deployment of armed German military forces abroad from the general constitutional framework as one of the general democratic parliamentary prerogatives. In terms of its legitimizing function, the decision by the Bundestag on the deployment of armed German military forces outside Germany is similar to a law. Parliament's prerogative regarding the decision on deployment of armed German military forces outside Germany is circumscribed by the constitutional principles of its executive as well as the fact that Germany's capability to defend itself and to fulfil the obligations of military alliance commitments must not be compromised. The Bundestag may only reject or approve the request for deployment of armed military forces. The operational details of the military assignment are the responsibility of the Federal government or the Federal Defence Minister. The Parliamentary Participation Act may only further outline the parliamentary prerogative as set forth by the Federal Constitutional Court but not suspend it. In terms of ordinary law the right of the Bundestag to consent to the deployment of armed military forces abroad can only be transferred to a committee of the Bundestag in a circumscribed manner. Once the Bundestag has given its consent to a deployment of armed military forces abroad it cannot subsequently withdraw such consent with the effect of recalling the forces.