Altruistischer Rechtsschutz gegen Rüstungsexporte?

Abstract

For many years, there have been calls to reform the law of arms export control in Germany to improve transparency and strengthen the consideration of the rule of law and human rights in the countries of destination. These calls include introducing the right of recognized associations to have the legality of export licences reviewed by administrative courts. Such a step would significantly ameliorate the structural lack of judicial oversight in arms export control. In German administrative law, such a right to association lawsuits would be a novelty regarding matters that concern foreign affairs and therefore fall within the “core areas” of executive responsibility (Kernbereich exekutiver Eigenverantwortung). In terms of legal policy, the more likely it is that parties sceptical of international law are involved in the Federal Government, the more urgent the need for such a control option for arms export decisions becomes. This analysis shows that there are no significant legal objections to introducing a right of association to initiate proceedings in arms export control law. In particular, such a procedural right proves to be compatible with protecting the core area of executive responsibility. While the German legal order traditionally and systematically favours individual legal protection, it does not categorically preclude legal action by associations, particularly in fields of law where there is a heightened public interest to optimize compliance with legal standards through judicial review. However, in order to fulfil this mandate effectively, recognized associations must be provided with adequate information and able to base their claims on legally binding standards of review.