What is the full form of AWACS

Judgment of the Second Senate, Federal Constitutional Court, July 12, 1994 - 2 BvE 3/92 -

Principles:

1. The authorization of Article 24.2 of the Basic Law not only entitles the Federation to enter a system of mutual collective security and to consent to the associated restrictions on its sovereign rights. Rather, it also provides the constitutional basis for taking on the tasks typically associated with membership of such a system and thus also for using the Bundeswehr for operations that take place within the framework and according to the rules of this system.

2. Article 87a of the Basic Law does not preclude the application of Article 24.2 of the Basic Law as a constitutional basis for the deployment of armed forces within the framework of a system of mutual collective security.

3.a) The Basic Law obliges the Federal Government to obtain the fundamental prior constitutive approval of the German Bundestag for the deployment of armed forces.

b) It is up to the legislature to define the form and extent of parliamentary participation in more detail, beyond the minimum requirements and limits of the parliamentary reservation for the deployment of armed forces set out in the judgment.

4. In order to preserve peace, the Federal Republic of Germany may, according to Article 24.2 of the Basic Law, consent to a "restriction" of its sovereign rights by being bound by decisions of an international organization without this already in the sense of Article 24.1 of the Basic Law transferred to.

5.a) A system of mutual collective security within the meaning of Article 24, Paragraph 2 of the Basic Law is characterized in that it establishes a status of international law for each member through a peacekeeping set of rules and the establishment of a separate organization, which is mutually beneficial to maintain peace obligated and granted security. It is irrelevant whether the system is supposed to guarantee peace exclusively or primarily among the member states or to oblige it to provide collective assistance in the event of attacks from outside.

b) Alliances of collective self-defense can also be systems of mutual collective security within the meaning of Article 24, Paragraph 2 of the Basic Law, if and to the extent that they are strictly committed to maintaining peace.

6. If the legislature has approved the inclusion in a system of mutual collective security, this approval also applies to the incorporation of armed forces into integrated formations of the system or the participation of soldiers in military actions of the system under its military command, insofar as inclusion or participation in the founding treaty or Articles of Association, which have been subject to approval, have already been created. The consent contained therein to the restriction of sovereign rights also includes the participation of German soldiers in military operations on the basis of the interaction of security systems within their respective framework, if Germany has classified itself with these systems with legal consent.

7. a) Acts of external violence that are not covered by the offense of Article 59, Paragraph 2, Clause 1 of the Basic Law are generally assigned to the government's area of ‚Äč‚Äčcompetence. Article 59 (2) sentence 1 of the Basic Law cannot infer that whenever an action by the Federal Government in international law regulates the political relations of the Federal Republic of Germany or concerns matters of federal legislation, the form of a contract requiring legislative approval must be chosen . In this respect, too, an analogous or expanding interpretation of this provision is out of the question (following BVerfGE 68, 1 (84f.)).

b) On the scope of the legislature's right to consent under Article 59, Paragraph 2, Sentence 1 of the Basic Law ...

2. a) The Basic Law obliges the Federal Government to obtain the - fundamentally prior - constitutive approval of the German Bundestag for the deployment of armed forces.

The Federal Government has violated this requirement by deploying armed forces on the basis of its resolutions of July 15, 1992, April 2, 1993 and April 21, 1993 without first obtaining the constitutive approval of the German Bundestag.