[1] Established by a constitutional amendment in 1968 during the Cold War, this state of emergency gives the Federal Government extraordinary powers in wartime.
The normal procedure is that, upon request of the Federal Government, the Bundestag determines that the conditions of the state of defence exist.
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[3]).
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.
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.
However, the soldiers swear to serve the Federal Republic of Germany faithfully and to defend the rights and freedom of the German people, which means that even in the state of defence there is no total loyalty to a person and his orders, as was the case with the Hitler Oath.
By law a Compulsory Border Guard Service is still in force, but will only be executed in the state of defence or if there are not enough volunteers joining the Federal Police.
According to Article 115i, the state governments or the authorities designated by them have the powers that the Basic Law grants to the Federal Government in the event of a state of defence if the latter is unable to take the measures necessary to avert the imminent danger.
According to Article 115a, if the determination of the state of defence has been promulgated, and if the federal territory is under attack by armed force, the Federal President, with the consent of the Bundestag, may issue declarations under international law regarding the existence of the state of defence.
According to article 115d GG, bills are discussed "without delay" and adopted by the Bundestag and the Bundesrat, in a single joint session.
With the consent of the Bundesrat, the Bundestag has the right at any time to declare the state of defence at an end.
According to article 115h GG, electoral terms that would expire during the state of defence are extended: The dissolution of the Bundestag is excluded.
According to article 115l GG, the state of defence can be ended at any time and must be if the conditions for its determination are no longer met.