Germany — Safeguarding the Family

The dispute over women’s military participation in Germany took on unrivalled proportions. The decision of the European Court of Justice (ECJ) regarding the Kreil case launched a remarkable series of debates in Parliament, particularly in the Bundestag.1 Contrary to the French case, material is therefore abundant. This is partly linked to decision-making processes, namely to the outstanding role of Parliament in the defence and security sector. In addition to the fact that the Bundeswehr has been deemed a Parlamentsheer (parliamentary troop) since 1994,2 the German Parliament is one which has a unique input in all decisions in the field (Eekelen, 2002). Its plenary assembly, its Verteidigungsausschuss (Committee on Defence),3 as well as the distinctive institution of the Wehrbeauftragter (Parliamentary Delegate for Defence)4 are key instruments by which civilian, hence parliamentary oversight is effectively operated over the executive’s action. The material to be examined in this chapter is therefore chiefly constituted of the proceedings of the numerous discussions which took place in the Bundestag over the two legislative periods from 1998 to 2005 (though documentation from the previous or consecutive legislative periods will be considered too).