The war in Ukraine has led politicians across party lines to consider whether Germany needs conscription or conscription.
This is a remarkable development: after many had already regarded the issue as settled with the suspension of conscription in 2011, four years ago Annegret Kramp-Karrenbauer failed to establish the idea of a "society year" in political Berlin.
On the one hand, this was due to the fact that the then CDU general secretary hardly outlined her proposal.
She left open whether she was in favor of voluntary or compulsory service.
Above all, it was probably because the time was not right for it.
Stephen Klenner
Editor FAZ objection.
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This changed with Russia's attack on Ukraine.
A few days ago, Thuringia's Prime Minister Bodo Ramelow (left) wrote on his website that he was "in favor of general conscription".
He later added that he was "first and foremost about a compulsory social or community year in which everyone between the ages of 18 and 25 should do a solidary service to society." In terms of content, Ramelow's ideas are similar to those of the deputy CDU chairman Carsten Linnemann , which promotes a mandatory company year.
The defense policy spokesman for the SPD parliamentary group, Wolfgang Hellmich, is of the opinion that general compulsory service could "promote public spirit".
Conscription or compulsory service?
There are legal differences between military service and compulsory service, even if both can be understood as a social year.
Conscription has existed since 1956 and is regulated by the Conscription Act.
All German men from the age of 18 are conscripted.
In the course of the emergency debate, the Bundestag wrote into the Basic Law in 1968 that such a duty is constitutionally permissible.
Nothing changed in 2011.
The deputies merely amended the law on compulsory military service to the effect that from now on the duty to serve only applies in the event of tension or a state of defence.
The latter is only given if Germany is attacked by force of arms or such an attack is imminent.
The Bundestag and Bundesrat must determine this with a two-thirds majority.
The case of tension also requires the express determination of two-thirds of the members of the Bundestag.
A world situation like the current one is not enough on its own.
Apart from both special situations, conscription is suspended.
If politicians now want to change something because of the Ukraine war, the draft law would have to be amended again.
This is not legally complicated: a simple majority of the members of the Bundestag is sufficient.
There is no need to change the constitution.
This is not legally complicated: a simple majority of the members of the Bundestag is sufficient.
There is no need to change the constitution.
This is not legally complicated: a simple majority of the members of the Bundestag is sufficient.
There is no need to change the constitution.
Conscription does not mean that everyone affected has to join the armed forces.
The Basic Law stipulates that conscripts who cannot reconcile service with a weapon with their conscience must have the option of alternative service outside the armed forces.
This civil service was widespread before 2011 – reasons of conscience had not been extensively examined for a long time.
Those doing community service helped in retirement homes and kindergartens, but also in youth hostels, railway station missions and other institutions.
The social organizations therefore viewed the suspension of conscription with great skepticism - not out of concern for the Bundeswehr, but because they feared that they would no longer be able to cope with many of their tasks without "Zivis".
Conscription, including alternative service, applies only to men.
This has been questioned for a long time: as early as 1961, the Hamburg university rector Helmut Thielicke triggered a debate because he wanted to remedy the shortage of nurses with a year of service for women.
Even today, many do not consider the obligation for men to be up-to-date because it contradicts equality.
This conclusion is not mandatory: Even if men and women are equal before the Basic Law, differences are definitely allowed.
If politicians want academics in particular to have children earlier than before without professional disadvantages, those responsible must weigh up whether a compulsory year for women really helps their emancipation in the end.
Constitution would have to be changed for compulsory service
If compulsory service is to be introduced for everyone, almost all lawyers believe that this can only be done by amending the Basic Law.
This requires a two-thirds majority in the Bundestag and Bundesrat.
Two configurations are conceivable for the constitutional amendment: Either the wording of the conscription norm could be adjusted so that conscription is also permissible for women.
Or the members of the Bundestag are approaching the ban on forced labor: Up until now, nobody has been allowed to be forced to do a specific job.
Exceptions only apply to conventional service obligations.
The Federal Constitutional Court only understands a few traditional services such as fire brigade or dyke assistance, but not a newly introduced service obligation.
It would have to be reintroduced into the constitution as a permissible exception.
If the MPs want to avoid the hurdle of the amendment to the Basic Law, they could consider designing the society year in such a way that there is no obligation to do a “specific job”.
This would probably be the case if such a year could already be completed during school time.
In 2006, the reform pedagogue Hartmut von Hentig made a suggestion that went in this direction.
However, the current challenge of giving more young people basic military training can hardly be mastered in this way.
The service of 17-year-olds in the Bundeswehr is already being criticized.
Of course, minors may only serve there with the consent of their parents.