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Hub AI
State of defence AI simulator
(@State of defence_simulator)
Hub AI
State of defence AI simulator
(@State of defence_simulator)
State of defence
The state of defence (German: Verteidigungsfall, pronounced [fɛɐ̯ˈtaɪ̯dɪɡʊŋsˌfal] ⓘ) is the constitutional state of emergency in Germany if the country is "under attack by armed force or imminently threatened with such an attack". Established by a constitutional amendment in 1968 during the Cold War, this state of emergency gives the Federal Government extraordinary powers in wartime. It is laid down in Title Xa of the German Constitution. As of present, Germany has never been in the state of defence.
In the Bundeswehr it is also called the V-Fall, whereas the Gehlen Organization called it the E-System or E-Fall.
The preliminary stage to a state of defence is a state of tension (Article 80a). It goes hand in hand with raising the military alert level.
According to article 115a of the German Constitution, the state of defence shall be declared if "the federal territory [of the Federal Republic of Germany] is under attack by armed force or imminently threatened with such an attack".
The normal procedure is that, upon request of the Federal Government, the Bundestag determines that the conditions of the state of defence exist. That means that the Bundestag does not actually declare the state of defence; instead, it just decides whether it exists or not. (If, for example, a foreign army invaded Germany, the Bundestag would determine that the action is an "attack by armed force", as described in article 115a, and so Germany is in the state of defence.) The determination requires at least two thirds of the votes of the Bundestag present at that time (at least half of the members being the quorum). It also has to be approved by the Bundesrat with more than half of its members, which, according to general Bundesrat protocol, is given in bundled form by each Land.
According to the prevailing opinion, a terrorist attack that is limited in terms of time and location, as well as a cyber attack, can only lead to a state of defence if the destabilization triggered thereby threatens the existence of the state. In the event of catastrophes, the Bundeswehr can also be deployed domestically as a result of emergency regulations, which therefore does not justify a state of defence. The Federal Constitutional Court can also declare a declaration of the state of defence in such a situation to be unconstitutional.
If the Bundestag or the Bundesrat is not able to convene in time or not able to reach a quorum, the Joint Committee decides on their behalf, but approval by the Bundestag and Bundesrat has to be achieved as quickly as possible afterwards.
If Germany is under attack by armed force and the Bundestag, the Bundesrat and the Joint Committee are not able to determine the state of defence immediately, "the determination shall be deemed to have been made and promulgated at the time the attack began". If, for example, an invasion started on January 4 at 4:17 a.m., Germany would be in the state of defence from that time, and the government could react immediately.
State of defence
The state of defence (German: Verteidigungsfall, pronounced [fɛɐ̯ˈtaɪ̯dɪɡʊŋsˌfal] ⓘ) is the constitutional state of emergency in Germany if the country is "under attack by armed force or imminently threatened with such an attack". Established by a constitutional amendment in 1968 during the Cold War, this state of emergency gives the Federal Government extraordinary powers in wartime. It is laid down in Title Xa of the German Constitution. As of present, Germany has never been in the state of defence.
In the Bundeswehr it is also called the V-Fall, whereas the Gehlen Organization called it the E-System or E-Fall.
The preliminary stage to a state of defence is a state of tension (Article 80a). It goes hand in hand with raising the military alert level.
According to article 115a of the German Constitution, the state of defence shall be declared if "the federal territory [of the Federal Republic of Germany] is under attack by armed force or imminently threatened with such an attack".
The normal procedure is that, upon request of the Federal Government, the Bundestag determines that the conditions of the state of defence exist. That means that the Bundestag does not actually declare the state of defence; instead, it just decides whether it exists or not. (If, for example, a foreign army invaded Germany, the Bundestag would determine that the action is an "attack by armed force", as described in article 115a, and so Germany is in the state of defence.) The determination requires at least two thirds of the votes of the Bundestag present at that time (at least half of the members being the quorum). It also has to be approved by the Bundesrat with more than half of its members, which, according to general Bundesrat protocol, is given in bundled form by each Land.
According to the prevailing opinion, a terrorist attack that is limited in terms of time and location, as well as a cyber attack, can only lead to a state of defence if the destabilization triggered thereby threatens the existence of the state. In the event of catastrophes, the Bundeswehr can also be deployed domestically as a result of emergency regulations, which therefore does not justify a state of defence. The Federal Constitutional Court can also declare a declaration of the state of defence in such a situation to be unconstitutional.
If the Bundestag or the Bundesrat is not able to convene in time or not able to reach a quorum, the Joint Committee decides on their behalf, but approval by the Bundestag and Bundesrat has to be achieved as quickly as possible afterwards.
If Germany is under attack by armed force and the Bundestag, the Bundesrat and the Joint Committee are not able to determine the state of defence immediately, "the determination shall be deemed to have been made and promulgated at the time the attack began". If, for example, an invasion started on January 4 at 4:17 a.m., Germany would be in the state of defence from that time, and the government could react immediately.