Defense Minister Annegret Kramp-Karrenbauer (CDU) intends to release right-wing extremist soldiers from the Bundeswehr faster than before. According to SPIEGEL information dated May 29, 2020 (www.spiegel.de), the Ministry of Defense submitted a corresponding amendment to the Soldiers Act to the cabinet.
According to this, temporary soldiers who have been noticed by right-wing extremist attitudes or serious crimes such as possession of child pornography should in future be able to be released without notice up to their eighth year of service without lengthy disciplinary proceedings. In the Bundestag printed paper No. 19/22862 it is stated:
“II. Main content of the draft law
With the intended changes, the defense disciplinary law is to be adapted to the requirements of the basic operations of the armed forces and the different deployment scenarios including the challenges to armed forces in the alliance and defense case. The main content of the draft law is the new version of the facts of dismissal in Section 55 (5) of the Soldiers Act (SG). In the future, it should be possible to dismiss temporary soldiers who meet the criteria for the offense up to the end of the eighth instead of the previous fourth year of service, provided that the cases are particularly difficult. “
Up to now, temporary soldiers can only be discharged at short notice in accordance with Section 55 SG up to their fourth year of service. According to this, a temporary soldier can be dismissed without notice during the first four years of service if he has culpably violated his official duties and if remaining in his employment relationship would seriously endanger the military order or the reputation of the Bundeswehr.
The release of time soldiers recognized as right-wing extremists recently took an average of two and a half years, writes the Ministry of Defense in the bill as a reason for the change in the law.
The author of the legal advice, lawyer and specialist lawyer for criminal law and traffic law, Christian Steffgen worked as a recommendation and contract lawyer for the DBwV with a focus on criminal proceedings, disciplinary proceedings and dismissal proceedings as a specialist. He is a lieutenant colonel in the reserve and an active reservist. According to his assessment, experience shows that disciplinary proceedings take a very long time because many judges’ positions are not filled for a very long time. It then takes time for the proceedings to be dealt with by the administrative courts and troop service courts. In his law firm there are cases with acts from the years 2014/2015 that have not even been heard in the first instance.
He was able to win numerous dismissal proceedings against the Bundeswehr for soldiers against the Bundeswehr. The soldiers then received back payments or support measures from the professional development service.
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