Concept and Nature of the Professional Civil Service
The professional civil service forms a central pillar of the public sector within the German legal system. It refers to the permanent state service obligation for life, which is established by a special public-law service and loyalty relationship between a civil servant and his or her employer. In contrast to private-sector employment relationships, civil servants are subject not to labor law but to civil service law.
Legal Foundations of the Professional Civil Service
Constitutional Foundations
The legal basis of the professional civil service is anchored in the Basic Law of the Federal Republic of Germany. According to Article 33 paragraphs 4 and 5 GG, the professional civil service is subject to the so-called functional reservation and to the established principles of the civil service. These principles ensure the independence, objective impartiality, and loyalty of the civil service.
Statutory Regulations
In addition to the Basic Law, the Federal Civil Servants Act (BBG) and the state civil servant laws of the Länder specify the structure and details of the civil service. These laws regulate the requirements, rights, obligations, and status relationship of civil servants at both the federal and state level.
Essential Elements and Characteristics of the Civil Service
Legal Status
Civil servants are in a public-law service relationship of a special kind. They are not subject to labor law provisions, but to special civil service regulations. The employer is obliged to observe civil service principles and to provide the civil servant with a duty of care.
Appointment and Dismissal
The establishment of the civil service relationship takes place through an appointment pursuant to § 8 BBG or the corresponding provisions of the state civil servant laws. The requirements are the suitability, qualification, and professional performance of the applicant. Termination can occur due to death, dismissal, loss of civil servant rights, or removal from service.
Principle of Appointment for Life
A central element of the professional civil service is the principle of appointment for life (§ 4 BBG). After successful completion of the probationary period, the civil servant is generally appointed for life. This provides legal certainty and stability to the civil service relationship and at the same time protects against dismissal for political or irrelevant reasons.
Duty of Loyalty and Duty of Care
The civil servant has a special duty of loyalty to the employer. He or she must at all times uphold the free democratic basic order and ensure its observance. In return, the employer has a comprehensive duty of care, especially regarding appropriate employment, protection of legal status, and security in old age or in the event of illness.
Independence and Neutrality
Civil servants are obliged to perform their duties impartially. They may not pursue personal or party-political interests in the course of their official duties. This obligation of neutrality ensures the functioning of the state.
Rights of the Professional Civil Service
Principle of Remuneration
The principle of remuneration obligates the employer to provide the civil servant and their family with an appropriate livelihood (§ 3 BBG). This includes salary, pension benefits, and assistance in case of illness or other emergencies.
Career Law
Career law regulates the admission, promotion, and transfer of civil servants. Career advancement is based on the principle of merit and career regulations. These are organized at both federal and state levels through various career paths and branches.
Disciplinary Protection
Civil servants are subject to a special disciplinary law, which differs from general labor law. This regulates accountability, sanctioning options, and legal protection in the event of breaches of duty.
Obligations of the Professional Civil Service
Official Duties
Central obligations include confidentiality, selflessness, full professional commitment, and adherence to official instructions. Civil servants may only pursue secondary employment with approval.
Duty of Loyalty
Civil servants are obliged to show loyalty to the state and constitution. Actions that are incompatible with the principles of the legal order can be sanctioned under disciplinary law.
Termination of the Civil Service Relationship
The termination of the civil service relationship is exhaustively regulated. It may occur through:
- death of the civil servant,
- resignation on own request,
- loss of civil servant rights (e.g., as a result of a criminal court decision),
- removal from service by disciplinary judgment,
- retirement or transfer to retirement.
Ordinary dismissal is excluded.
Special Forms of the Professional Civil Service
Probationary Civil Servant and Civil Servant on Revocation
In addition to civil servants for life, civil service law also recognizes the status groups of the probationary civil servant (trainee during the probationary period) and the civil servant on revocation (usually subject to dismissal during training).
Legal Status Differences Compared to Employee Relationships
In contrast to private-law employment, there are special regulations for civil servants regarding working hours, social security, dismissal protection, and leaves of absence.
Significance and Function of the Civil Service
The professional civil service ensures an efficient, non-political administration and the continuous fulfillment of state duties. Its special legal status guarantees reliability, integrity, and continuity in public service.
Reforms and Current Developments
The professional civil service is undergoing change and is the subject of numerous reform discussions. This includes factors such as the modernization of career law, demographic challenges, and adjustments to European legal standards and social change.
Literature and Further Sources
Federal Civil Servants Act (BBG) Civil Servants Status Act (BeamtStG) Basic Law for the Federal Republic of Germany, Art. 33 State Civil Servant Laws
Note: This article does not constitute legal advice. For binding information, it is advisable to consult the relevant statutory texts or official documents.
Frequently Asked Questions
What legal requirements must be met for civil servant status?
Extensive legal requirements apply to civil servant status, mainly arising from the Civil Servants Status Act (BeamtStG), the Federal Civil Servants Act (BBG), and the respective state laws. Key prerequisites are German citizenship or that of an EU member state, the assurance to support the free democratic basic order at all times, and personal suitability, qualification, and professional performance. Age limits must also be observed, varying by state and career path. In addition, health requirements ensuring the ability to perform one’s duties over the long term are assessed. Grounds for exclusion include, for instance, criminal records or pending disciplinary proceedings. The selection process often includes a determination of personal suitability and a medical assessment by an official doctor.
What are the legal obligations arising from the civil service relationship?
The civil service relationship establishes a special duty of loyalty to the employer and obliges civil servants to full personal commitment to the state. Legally established obligations particularly include loyalty to the constitution, neutrality, confidentiality (also after termination of the civil service relationship), and selfless public service (§§ 33 et seq. BeamtStG). Other duties include the prohibition on accepting rewards or gifts in connection with one’s position and the prohibition on engaging in secondary employment without approval. Civil servants must follow official instructions (duty of obedience) but must not execute unlawful orders.
How is pension provision regulated in the professional civil service?
Pension provision for civil servants is governed by the Civil Servants Pensions Act (BeamtVG) or respective state law and differs from the statutory pension insurance system. Civil servants have an individual entitlement to a retirement pension, calculated based on pensionable service periods and the pay grade. The pension rate is a maximum of 71.75% of the last pensionable earnings. Benefits are generally provided after reaching the statutory retirement age, but there are special rules for incapacity or early retirement. Pension entitlements are vested.
What disciplinary measures does the law provide for civil servants?
In the event of official misconduct—that is, violations of official duties—civil servants are held accountable under disciplinary law. The Federal Disciplinary Act (BDG) and the respective state disciplinary laws provide for a graduated sanctions system: possible measures range from reprimands, fines, and reduction of salary to demotion, removal from the civil service, and loss of pension entitlements after retirement. Disciplinary proceedings are strictly regulated by law and generally require a culpable breach of duty. Affected civil servants are entitled to a fair hearing and may lodge appeals against decisions.
Is there a special legal status regarding dismissal for civil servants?
Civil servants are in a public-law service and loyalty relationship with the state, which cannot be terminated by ordinary dismissal as with a private employment contract. The termination of the civil service relationship occurs exclusively under the conditions prescribed by law, e.g., resignation on one’s own request, loss of civil servant status (e.g., upon conviction to a prison sentence of at least one year), removal by disciplinary procedure, or entry into retirement. Employer-initiated ordinary dismissal, as in labor law, is excluded, providing special protection against dismissal. Dismissal is only possible under narrowly defined legal conditions—for example, if the requirements for civil servant status cease to exist.
What legal provisions apply to the liability of civil servants?
Civil servants are generally not personally liable to the injured party for damages caused in the course of their official duties; instead, the state is liable (official liability according to Art. 34 GG, § 839 BGB). Recourse against the civil servant by the employer only takes place in cases of intent or gross negligence. Furthermore, there is a duty to report breaches of official duty and damages at an early stage. Within the employing authority, there is a graduated internal liability system that differentiates whether there has been a culpable breach of duty.
How is secondary employment by civil servants regulated by law?
The exercise of secondary employment by civil servants is regulated by secondary employment laws at both the federal and state level (§§ 97 et seq. BBG, for example, for federal civil servants). As a rule, any paid secondary employment requires prior approval to ensure that official interests are not impaired. Secondary employments that endanger the impartiality or neutrality of the civil servant, or conflict with official duties, are particularly prohibited. Earnings from approved secondary employment must generally be declared and in some cases partially surrendered; the permitted amount of additional income is legally limited.
