The Parliamentary Commissioner’s official status
The Parliamentary Commissioner is neither a Member of the Bundestag nor a civil servant. He holds office under public law in accordance with the provisions of the Law on the Parliamentary Commissioner for the Armed Forces. In defining his legal status, the lawmakers took as a basis the rights and duties of a parliamentary state secretary.
During his term in office, the Parliamentary Commissioner may hold no other paid office, or engage in any trade or practise a profession, or be a member of a government or a legislative body of the Federation or a Land (federal state).
In accordance with the Law on the Parliamentary Commissioner for the Armed Forces, the Parliamentary Commissioner is represented by the Chief Administrator, who exercises his rights, with the exception of the right to make unannounced personal visits to military units, should the Parliamentary Commissioner be prevented from discharging his duties. Likewise, when the Parliamentary Commissioner leaves office, the Chief Administrator exercises his rights until a successor is elected.
The German Bundestag elects the Parliamentary Commissioner by secret ballot without prior debate. Candidates may be nominated by the Defence Committee and by the parliamentary groups in the Bundestag. The candidate who receives the majority of the votes cast by the Members of the Bundestag is elected.
Any German citizen over the age of 35 may be elected. It is therefore not necessary for candidates to have experience of military service.
The Parliamentary Commissioner is appointed by the President of the Bundestag and sworn in before parliament. He commences his term of office upon being handed his letter of appointment, or upon being sworn in should this take place earlier.
The Parliamentary Commissioner’s term of office is five years and thus one year longer than the electoral term of parliament. This helps to safeguard his independence should there be a change in the parliamentary majority following new elections. Re-election, even for more than two terms of office, is admissible.
His term of office ends upon completion of his tenure, upon his death, upon his dismissal by parliament, or upon a request by him to be relieved of his duties.
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