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State of Defence (Germany)
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State of Defence (Germany) : ウィキペディア英語版
State of Defence (Germany)
The term State of Defence (in German: Verteidigungsfall or V-Fall) refers to the legal status of the Federal Republic of Germany if it is ''"under attack by armed force or imminently threatened with such an attack"''.〔(article 115a GG )〕 This special status, which was created by a constitutional amendment in 1968, gives the Federal Government extraordinary powers in the case of war. It is laid down in the articles (115a to 115l ) (Title Xa) of the German Constitution. As of October 2015, Germany has never been in the State of Defence.
==Declaration==
According to article (115a ) of the German Constitution, the State of Defence shall be declared if ''"the federal territory (the Federal Republic of Germany ) is under attack by armed force or imminently threatened with such an attack"''.
The normal procedure is that, upon request of the Federal Government, the Bundestag determines that the conditions of the State of Defence exist. That means that the Bundestag does not actually declare the State of Defence; instead, it just decides whether it exists or not. (If e.g. a foreign army invaded Germany, the Bundestag would determine that this action is an ''"attack by armed force"'' as described in article 115a and that consequently Germany ''is'' in the State of Defence.) This determination by the Bundestag requires a two-third majority of the votes of those members of parliament present at that time (at least 50% of the MPs have to be present to reach a quorum〔(section 45 of the Rules of Procedure of the German Bundestag ) (German)〕). It also has to be approved by the Bundesrat with an absolute (i.e. more than 50%) majority of ''all'' of its members (which according to general Bundesrat protocol are given in bundled form by each Land).
If the Bundestag or the Bundesrat are not able to convene in time or not able to reach a quorum, the ''Joint Committee'' decides on their behalf.
If Germany is under attack by armed force and neither the Bundestag and the Bundesrat nor the Joint Committee are able to determine the State of Defence immediately, ''"the determination shall be deemed to have been made and promulgated at the time the attack began"''. (If, for example, an invasion started on January 4 at 4:17 a.m., Germany would be in the State of Defence from January 4, 4:17 a.m. on, and the government could react without having to wait for the consent of the parliament.)

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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