The Ministry of Defense wants to maintain its exemption, according to which all persons subject to military surveillance can undertake longer trips abroad without further authorization. The ministry’s general order was issued after press reports pointed to a passage in the conscription law that states that every man who wants to leave Germany for longer than three months, for example to study, work or for tourist reasons, needs a permit.
The passage to paragraph 3 literally states: “Male persons must obtain approval from the responsible Bundeswehr career center after reaching the age of 17 if they wish to leave the Federal Republic of Germany for longer than three months.”
When this was reported internationally and a discussion broke out, Defense Minister Boris Pistorius (SPD) made it clear that there will currently be no approval process: “We are suspending the approval requirement as long as military service is voluntary.” This was regulated by an administrative act on April 9th, which, from the point of view of the Bundestag’s scientific service, is illegal.
Ministry has a different legal opinion
Pistorius’ department contradicts this Legal opinion from the Scientific Service of the Bundestag expressly. This was created in May on the initiative of the Left Party. The ministry said the report had been “taken note of and examined internally. We do not share the legal opinion contained therein.” According to the law, the ministry has independent scope for making exceptions and made use of this option with the general order of April 9, 2026.
The ministry’s statement goes on to say: “Our goal and claim was and is to create a legally secure, transparent and practical solution.” According to the current situation, all conscripts without exception should be given permission to travel, “since there is currently no compulsory military service”.
That’s why the legal department in the Ministry of Defense argues, which is part of the area of responsibility State Secretary Jan Stöß (SPD) heard, as follows: “An obligation to submit mass applications, even though approval in the matter would have to be granted in each individual case, would therefore be nothing other than unnecessary bureaucracy.” The general exception rule “in no way creates a different legal situation than would have existed anyway”. And that means that longer stays abroad for conscripts are possible without exception.
The ministry points out that it was already on track before the Bundestag report was published “in order to prevent any misunderstandings”. To this end, the draft of a Reserve Strengthening Act stipulates that the authorization requirement for longer stays abroad should only apply in the event of tension or defense. Until the law, which is due to pass the cabinet in June, comes into force, the general decree on the exception regulation will be adhered to. This means that no one is subject to an obligation to report or obtain approval for longer stays abroad.
