Contact
Your law firm Geißler Legal.
address
Eupener Straße 59
D-50933 Cologne
Opening hours
Mon-Sat: 10:00 am – 1:00 pm
Mon-Fri: 2:00 pm – 8:00 pm
and by telephone appointment
Geissler Legal - Legal Advisor for Compliance & Commercial Law
Bundestag approves new military service law
Compliance-focused legal advice for your business activities - personal, cross-border, cost-efficient.
Bundestag approves new military service law
On Friday, December 5, 2025, the German Bundestag passed a new military service law. With the law coming into effect on January 1, 2026, conscription will be reactivated in a modified form. The decision has sparked nationwide discussions and strikes, as young people will once again be systematically registered and invited to medical examinations. Those most affected are the 2008 birth cohort, the first complete cohort to fall under the new regulations and thus become part of the future conscripts. Many of those affected are now seeking guidance regarding their duties, rights, and options.
Contents
Constitutional foundations of the new conscription
The legal basis remains unchanged, enshrined in the Basic Law. Article 12a of the Basic Law allows the legislature to activate conscription by simple law. Men can be obligated to serve in the armed forces, while women are limited to non-armed roles. The reform thus builds upon established constitutional structures but translates them into a modern administrative procedure that specifically takes into account conscientious objectors and their constitutionally protected rights.
Planned schedule and possible age limits
The new conscription system envisions registering all eligible age groups, including a mandatory questionnaire and a medical fitness examination. These procedures are based on previous conscription processes but are organizationally restructured. The 2008 birth cohort marks the beginning of the new registration process, while politically flexible age limits between 18 and 30 are under discussion. This raises crucial questions for many seeking advice: When does conscription actually begin? And who is included in the first round of registration? Organizational elements such as a possible lottery system may also play a role. The precise details will be decisive for practical implementation.
Conscientious objection to military service as a protected fundamental right
Regardless of the reform, conscientious objection remains a directly applicable fundamental right. Article 4, Paragraph 3 of the Basic Law protects the decision to refuse military service on grounds of conscience. A corresponding application for conscientious objection can be submitted at any time. The recognition process primarily relies on a personal and comprehensible justification, which is carefully reviewed by the responsible federal office – often the Federal Office for Family Affairs and Civil Society (BAFzA). Our law firm regularly assists those seeking advice in formulating their conscientious objection statements, during hearings, and with legal proceedings in the event of negative decisions. This applies both to future conscripts and to those already registered as conscientious objectors.
Conscientious objection to military service in the event of defense or war
A particularly frequently asked question concerns the effectiveness of conscientious objection in a real emergency. Many clients fear that this fundamental right could be restricted during mobilization. Legally, the situation is clearly regulated: conscientious objection remains fully valid even in a state of defense or war. In practice, however, one can expect accelerated review procedures, stricter requirements, and shorter deadlines. It is precisely in such cases that legal counsel is particularly advisable to effectively enforce this fundamental right.
Legal consequences for breaches of duty
Failure to comply with legal obligations, such as attending conscription examinations or returning required documents, can result in fines and other sanctions. Authorities will consistently prosecute non-cooperation. It is therefore advisable to seek legal counsel early on to correctly assess deadlines, obligations, and potential exceptions, and to avoid conflicts with the Bundeswehr Career Center or the Federal Office for Family Affairs and Civil Society (BAFzA).
Conclusion from a legal perspective
The return to compulsory military service presents young people, parents, and companies with new challenges. Our law firm provides comprehensive advice on the requirements of the new law, supports clients throughout the conscription process, and effectively enforces the fundamental right to conscientious objection – both in preparing conscientious objection applications and in appeal and legal proceedings. Our goal is to guide clients through the new legal landscape with legal certainty and to provide them with reliable guidance at every stage.
Make an inquiry now
We will be happy to advise you comprehensively and personally on your concerns.
FAQs – Frequently Asked Questions about the new Military Service Act
The legal framework will come into force on January 1, 2026. However, since conscription centers and administrative structures are still being established, practical implementation will begin gradually and not everywhere at the same time.
The legislator bases its decision on the point in time when the first affected individuals reach the age of majority after the reform. Older age groups will initially be excluded, as long as there is no state of tension or national defense.
Women must complete the questionnaire, but are not obligated to undergo conscription. They can volunteer; compulsory service is not required for them.
No. The examination is only to determine fitness for service. Call-ups can only occur if there is an actual need for personnel. Many people who are examined are not immediately called up for service.
The examination is equivalent to a basic medical check-up. In addition to a discussion of your medical history, tests are conducted on your vision, physique, mobility, and physical capacity. At the end, a fitness level is determined.
Should voluntary military service fail to reach the necessary personnel numbers, the Bundestag can enact a system of conscription based on need. This would allow certain age groups to be obligated to perform military service.
Volunteers receive approximately €2,600 gross per month. Those who stay longer receive additional benefits, such as subsidies for a driver's license after twelve months of service.
Yes. Since the structures are still under development, a backlog is expected – especially in 2026 and 2027. It is not expected that complete year groups will be able to be regularly sampled until mid-2027.
Yes. Conscientious objection to military service remains a constitutionally protected fundamental right. An application can be submitted even in the event of defense or war, although experience shows that the review processes in such situations are faster and more rigorous.
Anyone who ignores questionnaires, misses appointments, or fails to appear for their conscription medical examination must expect fines or further consequences. Seeking legal advice in a timely manner helps avoid mistakes and ensures deadlines are met.
Attorney-at-Law (Germany, EU)
No posts found
English 
German 
Italian