Law professors have criticized the potential requirement for young men to obtain permits for international travel. Alexander Thiele, a professor of public law at the Business & Law School Berlin, stated in the “Welt” that he does not consider the current regulation to be proportional outside of a state of tension or defense. According to Thiele, the aim of the regulation is to ensure knowledge of the whereabouts of potential conscripts and to secure a sufficient number of conscripts. However, he believes that this goal could also be achieved merely through an obligation for the conscript to provide information, coupled with the possibility of individually banning travel abroad. Thiele also pointed out a flaw regarding the law, noting that it does not clarify what reasons would lead to a denial of a permit. He added that obtaining such a permit can take time and thus constitutes an additional burden that might have significant financial consequences.
Volker Boehme-Neßler, a professor of public law at the Carl-von-Ossietzky-Universität Oldenburg, also expressed criticism. Telling the “Welt” he mentioned that the permit requirement is intended to maintain an overview of conscripts’ locations and ensure they can be reached quickly, as well as to prevent conscripts from evading conscription by traveling abroad. Boehme-Neßler questioned the necessity of this rule, especially since conscripts are not currently being called up. “Since there is no conscription that can be enforced by force, one cannot control long-term stays abroad” he remarked. “Therefore, the permit requirement is unnecessary and thus disproportionate”. Furthermore, Boehme-Neßler stated that if the Federal Ministry of Defense were to declare through administrative regulations that a permit should generally be issued, this would be insufficient from his perspective. He concluded that the very obligation to apply for a permit is not constitutionally compliant as long as conscription is not actively being enforced.
In contrast, Johannes Fechner, the parliamentary manager of the SPD faction, had previously stated that there is currently no permit requirement for young men traveling abroad. In the “Welt” he asserted, “Because there is no conscription, there is no obligation for men between 17 and 45 to get approval for long-term stays abroad”. Boehme-Neßler contradicted this view, arguing, “The conscription has not been abolished. It remains applicable, it is just not currently being enforced. For men between 17 and 45 years of age, this means they must get permits for long-term stays abroad”.