Administrative Assistance

Article 35 (1) of the Basic Law governs the obligation of federal and state authorities to render, upon request, administrative assistance to one another in the performance of their public law tasks (official acts). This also applies to the Bundeswehr. However, this does not result in additional sovereign powers of intervention for the Bundeswehr. The assistance is defined only as technical support. These support services include firefighting and flood relief as well as search activities for missing persons, refugee relief and drone surveillance in the airspace during major events.

To assist in the event of a natural disaster or a grave accident (disaster assistance), a federal state may request police personnel from other federal states, as well as personnel and facilities from other authorities, and from the Federal Police and the armed forces. Natural disasters are states of imminent danger or major damages resulting from natural events. Particularly severe accidents are catastrophic damage events that have already started. They can range from a severe chemical accident to an extensive terrorist attack, for example. In addition to providing technical assistance in accordance with Article 35 (1) of the Basic Law, military personnel may in these cases be called in to support the police with sovereign tasks. This includes powers of coercion and intervention in accordance with Article 35 (2), second sentence of the Basic Law and can be carried out only at the request of the respective federal state. Command and responsibility are held by the respective police authorities; the Bundeswehr is deployed in accordance with the applicable police law of the federal state.

Article 35 (3), sentence one of the Basic Law governs the Bundeswehr’s deployment for sovereign tasks where more than one federal state is affected, the Federal Government is authorised to issue instructions to the federal states on the deployment of supporting forces, and where it decides to deploy the armed forces to support the police.

Domestic deployments in the event of a domestic emergency are governed by Article 87a (4) of the Basic Law. This article allows the Federal Government to deploy armed forces to support the police and Federal Police in averting an imminent danger to the existence or free democratic basic order of the Federation or a federal state, if the federal state at risk is not prepared or capable of countering the threat itself, and if the capacities of the federal state police forces and the Federal Police are not sufficient. In this case, the armed forces may be deployed to assist in protecting civilian objects and in combatting organised and military armed insurgents.

Administrative assistance can be compared with neighbourhood help between authorities. If one authority reaches its limits in terms of equipment or personnel, another will assist upon request. This happens mainly for the benefit of the civilian population. The Bundeswehr does not only provide assistance; it can also request assistance from other authorities.

No, administrative assistance and disaster control are not identical. Although disaster control is part of overall hazard prevention, it includes all kinds of measures taken by the federal states with the aim of protecting the population, the environment or individual assets during, or even before, a disaster or grave accident occurs. On behalf of the federal states, the municipalities, districts and urban districts, in their capacity as local disaster control authorities, are the points of contact for the German population.

Unlike with administrative assistance, any citizen can request help at any time and at any place via the rescue coordination centres. Disaster relief is then provided by the public order authorities, the police, the fire brigade or, depending on availability, by voluntary rescue services. Disaster control measures are much more far-reaching in this respect: besides support services, they also include preparations for potential emergencies or remedying damage caused by disasters.

If the federal states are no longer able to handle a situation with their own resources, they can also request Bundeswehr support in the form of administrative assistance in accordance with Article 35 of the Basic Law.

The procedures for requesting administrative assistance from the Bundeswehr are straightforward. As a general rule, informal requests may be submitted to any Bundeswehr agency at any time, although they should primarily be submitted via the regional territorial commands.

To provide initial support when the request is received, these regional territorial commands also give advice and guidance. This includes pointing out the possibilities and limitations of the assistance, which can then be provided in the form of personnel, equipment or infrastructure.

To ensure fast and targeted processing, it is recommended that requests:

• are submitted in writing or by e-mail, ideally using the relevant Bundeswehr form 
• include an accurate description of the situation and the support requirement arising therefrom
• include a clear statement that the requesting authority is itself unable to carry out the necessary official measures

All requests for administrative assistance are submitted to the Bundeswehr Joint Force Command, which then formally reviews them with respect to legitimacy and resources. The Bundeswehr does not keep extra personnel and equipment specifically for relief operations, but assigns forces and means to the extent permitted by its own mission. If the review results in a positive decision, the administrative assistance can be approved by the National Territorial Commander so that the Bundeswehr can provide the requested support. In exceptional cases, requests for assistance are submitted to the Federal Ministry of Defence for decision.

Administrative assistance can be requested by cities, municipalities and federal states, as well as by government organisations such as the police or fire brigade – whenever it becomes apparent that they are unable to implement the necessary measures themselves. Private individuals and companies are not eligible to request administrative assistance.

The legal basis for Bundeswehr deployments in Germany is Article 35 of the Basic Law in conjunction with sections 3–8 of the Administrative Procedure Act. In this context, a general distinction is made between whether the Bundeswehr is providing administrative assistance only by means of personnel and technical equipment (Article 35 (1) of the Basic Law), or whether it is also performing sovereign tasks (Article 35 (2) sentence 2 and Article 35 (3) sentence 1 of the Basic Law). In this case, deployed soldiers may be authorised to perform police tasks if necessary, i.e. to use or threaten to use sovereign powers of coercion and intervention.

Article 87 a (3) of the Basic Law also allows the deployment of the Bundeswehr within Germany in a state of tension or defence or in a domestic emergency. Every request for administrative assistance is subject to a legal review prior to approval.

To request administrative assistance, the following requirements must be met:

• The capacities of the requesting authorities cannot be reinforced by other means.
• The administrative assistance is limited to supplementary support in individual cases. 
• It can be ruled out that the cooperation will be on a regular and permanent basis.

The Bundeswehr can provide administrative assistance following severe accidents and damage events, but also in the event of floods, forest fires, heavy snowfalls, epidemics and pandemics. In the event of particularly severe accidents, including major terrorist incidents and natural disasters, the Bundeswehr may, in addition to administrative assistance, also provide disaster relief with extended powers, provided it is specifically requested and necessary in the circumstances.

Administrative assistance cannot be requested by individual persons. A request must also be rejected if the submitting authority is capable of handling the situation with its own resources. If another authority or a commercial company is better suited to provide support more efficiently, the request must also be rejected.

The same applies if the Bundeswehr’s resources are already exhausted or engaged elsewhere. Administrative assistance must also be denied in cases where it would be unlawful or where the Bundeswehr’s administrative assistance would damage the interests of the Federal Republic of Germany or one of its federal states. The Bundeswehr can also not carry out enforcement measures.

Like any government institution, the Bundeswehr is generally obliged to provide administrative assistance. These institutions form a network of authorities and relief organisations that support each other. This means that all federal and state authorities can provide mutual administrative assistance upon request.

Administrative assistance is generally subject to charges. Although the requesting authority does not have to pay administrative fees for administrative assistance, the requested services must be reimbursed upon request. For instance, the requesting authority must fully cover the cost of flying hours for each CH-53 helicopter used in combating forest fires.

In administrative assistance operations, the Bundeswehr can provide support either with personnel or equipment. This can help to strengthen the sustainability of civilian organisations. This type of assistance is conceivable for supply operations, for example with the Bundeswehr providing equipment such as camp beds or field kitchens. Soldiers are deployed when personnel is required at short notice and in large numbers – for instance to reinforce dykes during a flood disaster. In addition, the Bundeswehr can also provide rooms or warehouses as floor space.

During a Bundeswehr administrative assistance operation, the crisis management teams in rural districts are supported by experienced officers and NCOs on a 24/7 basis and, if necessary, for 365 days a year. The participating soldiers are assigned to the requesting authority for the duration of the administrative assistance because the authority is usually better acquainted with the local conditions.