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Article 87a: [Armed Forces]
1.
The Federation shall establish Armed Forces for purposes of defence. Their
numerical strength and general organisational structure must be shown in the
budget.
2.
Apart from defence, the Armed Forces may be employed only to the extent
expressly permitted by this Basic Law.

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constituteproject.org
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Page 38
Germany 1949 (rev. 2012)
3.
During a state of defence or a state of tension the Armed Forces shall have the
power to protect civilian property and to perform traffic control functions to the
extent necessary to accomplish their defence mission. Moreover, during a state
of defence or a state of tension, the Armed Forces may also be authorised to
support police measures for the protection of civilian property; in this event the
Armed Forces shall cooperate with the competent authorities.
•
Emergency provisions
4.
In order to avert an imminent danger to the existence or free democratic basic
order of the Federation or of a Land, the Federal Government, if the conditions
referred to in paragraph (2) of Article 91 obtain and the police forces and the
Federal Border Police prove inadequate, may employ the Armed Forces to
support the police and the Federal Border Police in protecting civilian property
and in combating organised armed insurgents. Any such employment of the
Armed Forces shall be discontinued if the Bundestag or the Bundesrat so
demands.
•
Emergency provisions
Article 87b: [Federal Defence Administration]
1.
The Federal Defence Administration shall be conducted as a federal
administrative authority with its own administrative substructure. It shall have
jurisdiction for personnel matters and direct responsibility for satisfaction of the
procurement needs of the Armed Forces. Responsibilities connected with
pensions for injured persons or with construction work may be assigned to the
Federal Defence Administration only by a federal law requiring the consent of
the Bundesrat. Such consent shall also be required for any laws to the extent
that they empower the Federal Defence Administration to interfere with rights
of third parties; this requirement, however, shall not apply in the case of laws
regarding personnel matters.
2.
In addition, federal laws concerning defence, including recruitment for military
service and protection of the civilian population, may, with the consent of the
Bundesrat, provide that they shall be executed, wholly or in part, either by
federal administrative authorities with their own administrative substructures
or by the Länder on federal commission. If such laws are executed by the Länder
on federal commission, they may, with the consent of the Bundesrat, provide
that the powers vested in the Federal Government or in the competent highest
federal authorities pursuant to Article 85 be transferred wholly or in part to
federal higher authorities; in this event the law may provide that such
authorities shall not require the consent of the Bundesrat in issuing general
administrative rules pursuant to the first sentence of paragraph (2) of Article 85.