Brought principles of the civil service with tenure / Official right

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Page modified: wtorek, lipiec 12, 2011 14:28:27

The brought principles of the civil service with tenure are the bases for the official right in Germany.

History

The regulated occupation of official goes back on the Prussian soldier king Friedrich William I. (1713 - 1740) ("father of the civil service with tenure "). Under its auspice for the first time the period of instruction and the career examination developed. Its clear up-absolutist son Friedrich II. (the large one) was it then, which raised the public interest to the primary goal and as a first servant of the state saw themselves. It continued the development of the civil service with tenure.

The first recapitulatory legal regulation of the occupation of official is to be found in the Prussian general Landrecht from 1794 to: "Of the rights and obligations of the servants of the state". Since then was not the official of any more servants of its prince, but servants of the state. The core regulations, which had solidified themselves at the latest in the Weimar Republic, rank among brought principles of the civil service with tenure in the sense kind 33 exp. 5 GG. After the entry into force of the Basic Law by the Federal Constitutional Court further isolated rights and obligations than duly to were recognized the brought principles of the civil service with tenure.

In accordance with kind 33 exp. 5 GG the right of the public service is to be regulated "with consideration of the brought principles of the civil service with tenure." The Federal Constitutional Court defines these principles as the "core existence by structure principles, those generally or nevertheless completely outweighing and during a longer, tradition of forming period, at least under the realm condition of Weimar, than obligatory recognized and protected is" (see BVerfGE 8, 332).

Among the brought principles of the civil service with tenure ranks among other things:

the arrangement of the official relationship as public serving and loyalty relationship,
the fundamental employment on lifetime,
the career principle (links closely with "lifelong "tenured civil servants),
the principle of efficiency (secures and controls the basiclegally embodied entrance to all public offices with the entrance into the government service and with the ascent),
the alimony principle,
the principle of functional paying ("§ 18 BBesG),
respect and trustworthy behavior (an official it are held as representatives of the state to align their behavior in such a way within and outside of the service that it becomes fair the requirements of their occupation),
the full devotion to the occupation (service obligation is coined/shaped by constant service readiness),
the residence obligation ("§ 36 BRRG, "§"§ 74 f. BBG),
the neutrality obligation of the officials, impartial office guidance, occurring for the FDGO ("§ 35 BRRG, "§"§ 52, 53 BBG),
the office discretion (also still applies after completion of the active official relationship; "§ 39 BRRG, "§"§ 61 FF. BBG),
the strike prohibition (prohibition of collective measures for the keeping of common professional interests),
the right to official agencies (officials have the right to unite in trade unions or professional associations),
the right to insight into the own personnel document ("§ 56c BRRG, "§ 90c BBG),
the judicial legal protection (officials are to be heard over complaints and statements of actual kind, it are them the complaint way to grant) and
the welfare service obligation of the service gentleman ("§ 48 BRRG, "§"§ 79 FF. BBG).

Influence

The principles are among other things in kind 33 GG, in the official right framework law (BRRG), which federal official law (BBG) standardizes and in the national official laws as well as in the federal pay law (BBesG) and the land paying laws.