Popular lawsuit against the law on the promotion of the Bundeswehr in Bavaria in preparation
Individuals and associations can register as co-plaintiffs until November 30, 2024
Since August, a law has been in force in Bavaria that massively interferes with universities and schools and requires them to cooperate with the military. Members of universities, student councils, the Bavarian State Student Council, the education union GEW Bayern and the German Peace Society – United Opponents of Military Service DFG-VK in Bavaria and others have spoken out against the law with demonstrations, petitions and statements.
All information from GEW HERE
The new law states:
“Universities are to cooperate with Bundeswehr institutions. (…) Research results obtained may also be used for military purposes of the Federal Republic of Germany or NATO allies. Restricting research to civilian uses (civilian clause) is not permitted. (…)”.
The obligation to promote the Bundeswehr at universities and to pass on research results to the Bundeswehr has a massive impact on the work of academic and non-academic staff at universities, including the possible modification of entire areas of work and employment contracts. The law also regulates schools:
“Schools shall cooperate with the youth officers of the Bundeswehr in the context of political education. The career advisors of the Bundeswehr and authorities and organizations with security tasks may provide information about career and employment opportunities in their field as part of school events for career orientation.”
These regulations violate academic freedom as well as freedom of belief and conscience and therefore constitute an encroachment on fundamental rights. For teachers, the scope for deciding whether the Bundeswehr is given access and advertising opportunities at individual schools is not only curtailed, but completely abolished. The amendment to the Bavarian Education and Teaching Act (BayEUG) deprives pupils and their legal guardians of the opportunity to decide for themselves whether or not they wish to take part in events in which a Bundeswehr officer plays the role of a teacher imparting values.
Register now as a co-plaintiff
The provisions of the Act on the Promotion of the Bundeswehr in Bavaria thus violate Articles 107 and 108 of the Bavarian Constitution. For this reason, we are filing a popular complaint with the Bavarian Constitutional Court in December against the Act on the Promotion of the Bundeswehr in Bavaria of July 23, 2024 (GVBl. No. 14 of 30.07.2024, p. 257) filed.
The initiative for the lawsuit came from trade unionist Martina Borgendale and peace activist Thomas Rödl. They are represented by the lawyer Adelheid Rupp. The above argumentation represents the content of the popular lawsuit and can be supported until November 30, 2024. In order to provide support as a plaintiff or claimant, a power of attorney must be issued to the law firm and a donation must be made to finance the legal costs.
Send donation and request power of attorney
The donation recommendation is socially graded in order to enable many people to provide support as co-plaintiffs. Recommendation for the amount of the donation: Pupils are asked for a donation of €5, trainees and students for a donation of €10, other individuals for €50 if possible. We welcome all supporters and also accept smaller donations. Organizations and associations can also provide support: Voluntary organizations are asked for a donation of approximately €100 and associations from politics and civil society are asked for a donation of at least €200. Donations can be transferred to the account of Deutsche Friedensgesellschaft – Vereinigte KriegsdienstgegnerInnen (IBAN: DE05 3702 0500 0008 3046 00, BIC: BFSWDE33XXX, reason for payment: Popularklage Bayern) or via PayPal (also credit or debit card, reason for payment in the last step under message, further information at www.dfg-vk.de/spenden). To issue a power of attorney, please send an e-mail stating your name, profession and, if applicable, your function to ra_rupp(at)web(dot)de The power of attorney is only valid if a donation is also received in the DFG-VK account by November 30, 2024.
- DFG-VK donation form at the donations bank (reference: Popularklage Bayern)
- Send a donation for the legal costs to the DFG-VK via Paypal
All information from GEW HERE
Brief opinion by lawyer Adelheid Rupp HERE
Further information from the DFG-VK Bayern HERE
Bavarian Armed Forces Act: University research for the military? | BR24 HERE
Keynote speech by the Minister President HERE
“With a Bavarian Armed Forces Act, we are flying the flag as the party of the Bundeswehr!” Markus Söder
Press reports very meagre: SZ from 17.04.2024 HERE Press reports from 10.07.2024 BR: Bavaria’s Bundeswehr Act: Opponents threaten constitutional action HERE
SZ: Critics of Bavaria’s Bundeswehr Act threaten legal action HERE
Sonntagsblatt: Trade unions and associations reject Bundeswehr Act HERE
imi-online: Bavaria: The escalating battle over civilian clauses and the freedom of science HERE
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