A German lawyer has argued that the lottery mechanism envisaged under Germany’s new military-service system could face serious constitutional challenges if compulsory service is activated. Under the law in force since January 1, 2026, military service remains formally voluntary, but the Bundestag can introduce a needs-based draft if volunteer numbers prove insufficient.

She sees two serious vulnerabilities:

Proportionality: the more permanent, arbitrary and uncompensated the lottery system becomes, the stronger the argument that randomly imposing a six-month-plus obligation on some people but not others violates equality.

Wesentlichkeitstheorie: this is, in her view, the stronger immediate constitutional challenge. Parliament has authorised a lottery in principle but has not yet itself specified crucial details such as the selection procedure. Because such an intrusive decision affects fundamental rights, those essentials may have to be determined directly by Parliament. A lone executive order may be unconstitutional.

Read the entire piece in anwalt.de.