Definition and legal basis of civil servants’ career paths
Die Civil servants’ career paths refer to the legal and organizational tracks in Germany along which civil servants develop professionally within the public service, are assigned, promoted, and further qualified. The term encompasses all sequentially structured offices of a particular direction (career group), their entry requirements, and the corresponding qualification criteria. The regulations on the career paths of civil servants are primarily stipulated in the Civil Servant Status Act (BeamtStG), in the respective Civil Service Acts of the Federation and the states as well as in specific Career Ordinances enacted as law.
Statutory Foundations
The legal requirements for the career paths of civil servants are primarily found in the following legal sources:
- Civil Servant Status Act (BeamtStG)
- Federal Civil Servant Act (BBG)
- State Civil Servant Acts
- Career Ordinances of the Federation and the states
These provisions regulate the classification of career paths, entry requirements, training, probationary period, promotions, and career changes. European legal requirements and case law also influence the practical design of career paths.
Classification of Career Paths
Career Groups
Career paths are generally divided into various Career Groups categories. With the federalism reform, career groups have largely been standardized nationwide. The current structure provides for the following division:
- Career Group 1: Corresponds to the lower and intermediate service
- Career Group 2: Includes the upper and senior service
Within each career group, further entry-level offices (formerly: career stages or levels) are defined.
Historical Development
Traditionally, there was a fourfold division into lower, intermediate, upper, and senior service. With the Second Act to Standardize and Reform Public Service Law (2009), this division was reduced, especially at the federal and in many state levels, to the now commonly used two career groups.
Titles and Job Designations
Within each career path, there are specific official titles encountered by civil servants during their career progression (e.g. Inspector, Rat, Director). The posts are assigned to corresponding salary groups under remuneration law.
Access to Career Paths
General Requirements
Various requirements must be met to access a career as a civil servant:
- German citizenship (or EU nationality pursuant to Art. 45 and 45 TFEU)
- Personal aptitude, Ability und Professional performance
- Fulfillment of minimum educational requirements (e.g., secondary school or university degree)
- Health suitability
- Good character
Qualification and Previous Education
The minimum prior education depends on the intended career group. For Career Group 2, first entry-level office, a bachelor’s degree or an equivalent university degree is usually required; for Career Group 1, second entry-level office, a secondary school diploma (mittlere Reife).
Selection Procedure
Generally, access to a career path requires a Selection Procedure (aptitude assessment, assessment center, written and oral examination), which depends on the respective career group and the intended post.
Preparatory Service
In most cases, successful completion of a preparatory service (career training) is a prerequisite for entry into a particular career path. The preparatory service ends with a career examination.
Career Path, Probationary Period, and Promotion
Probationary Period
Newly appointed civil servants generally undergo a Probationary Periodprobationary period during which their aptitude, performance, and ability are assessed. The duration of the probationary period is prescribed by law and usually ranges between six months and three years.
Promotion
A Promotion promotion is the conferral of a higher-status office within a career path. It is carried out according to the principles of aptitude, Ability und Professional performance (merit principle, Art. 33 para. 2 GG) as well as in accordance with structural and budgetary requirements. In special cases, an “exceptional” promotion can also occur (e.g., due to special performance).
Regulations on Advancement and Permeability
The regulations – especially since the reform to career groups – provide for permeable opportunities to switch from the first to the second entry-level office (e.g., from intermediate to upper service), provided that the personal requirements are met and an aptitude test is passed.
Career Change and Career Advancement
Career Change
Ein Career Change describes the change within the same employer from one career path to another, for example from a technical to an administrative science career. For this, the legal and career-specific requirements of the new career path must be met.
Advancement
Der Advancement includes the move from a lower to a higher career group or to a higher entry-level office, for example by acquiring additional qualifications and passing further examinations.
Regulations on Permeability
In particular, the goal of personnel development promotes advancement opportunities, which are usually linked to successfully completed further training and examinations. These pathways are enshrined in the career-specific regulations of the Federation and the states.
Special Career Law Provisions
Special Career Paths
In addition to the general administrative career paths, there are Special Career Paths (specialist career paths), for example in technical services, the police, fire department, or education sector. These have specific entry requirements and training programs.
Temporary, Probationary, and Lifetime Appointments
Within career development, civil service law distinguishes the following statuses:
- Civil servant on revocation: usually during preparatory service
- Civil servant on probation: after completion of preparatory service, during probationary period
- Civil servant for life: after successful probationary period
These statuses come with different rights and obligations.
Civil Servants’ Career Paths and the European Dimension
At the European level, career law is also influenced, for example by the prohibition of discrimination under Art. 45 TFEU or by requirements on the free movement of workers within the European Union. Foreign EU citizens have access to German civil service careers under certain conditions.
Reforms and Current Developments in Career Law
Die Career Reform of recent years aimed at greater flexibility, permeability, and standardization. In particular, the conversion to two career groups, the introduction of performance-based promotion systems, and the harmonization of qualification requirements characterize the current state of career law.
Literature
- German Bundestag: Printed Matter 16/7076, Statement of Reasons for the Second Public Service Law Reform Act
- Federal Ministry of the Interior: Career law in the public service – An overview
- Fieberg/Hecker/Kunze: Federal Civil Servant Act, commentary
Note: The regulations on career paths of civil servants are subject to continual change and may vary by state and sector. For current and detailed questions, it is recommended to consult the applicable legal foundations such as the BeamtStG, BBG, and the relevant career ordinances.
Frequently Asked Questions
How do the individual career groups of civil servants differ legally from each other?
The classification of civil servants into different career groups is a key component of German civil service law and determines which requirements apply for entry, training, and promotion within the public sector. Legally, the following career groups are distinguished in particular: lower, intermediate, upper, and senior service. The allocation is based on prior education, career qualification, and the type of duties to be performed. The relevant legal bases can be found in the Civil Service Acts of the Federation and the states (e.g., §§ 16 and 17 BBG as well as relevant provisions in the state civil service acts). The career group determines the status office, pay group, and career path. Switching between career paths is generally only possible under strict legal requirements, such as advancement pursuant to § 22 BBG. Within the career groups, there can be various specializations, which are in turn governed by specific legal, regulatory, and examination requirements. The classification also protects the principle of selection based on merit pursuant to Art. 33 para. 2 GG and ensures that only persons with appropriate qualifications and prior education have access to the respective offices.
What legal requirements apply to entry into the respective career paths?
The entry requirements for the respective career paths are detailed in the Federal and State Civil Service Acts and the respective career ordinances. For lower service, a leaving certificate from a lower secondary school is generally required. For intermediate service, at least a leaving certificate from an intermediate secondary school (Realschule) or equivalent, potentially in combination with a completed vocational training, is legally required. For upper service, the law requires a university of applied sciences entrance qualification (Fachhochschulreife) or equivalent qualification, whereas for senior service a completed scientific university degree is prescribed (§ 17 BBG). In addition, career-specific training, preparatory service, or probationary periods, which are further specified in legal or administrative regulations, are required. The type and length of preparatory service and passing the relevant career examination are prerequisites for the conferment of the first office in the respective career path. Furthermore, aptitude, ability, and professional performance must be regularly reviewed and demonstrated, as required by Art. 33 paras. 2 and 5 GG.
How is advancement to a higher career path legally regulated?
So-called career advancement is possible under civil service law, but is subject to strict statutory requirements. Under § 22 BBG and corresponding state law provisions, advancement is basically possible if the civil servant has demonstrated exceptional performance, ability, and aptitude and meets the statutory or career-specific entry requirements of the intended career path. This typically requires the completion of a qualification or training program (such as an advancement course). Successful participation is proven through an examination or performance assessment. The legal framework encompasses permeability of the career system but also ensures that the principle of selection based on merit and the special qualification requirements of the respective career path are preserved. In addition, advancements generally take place in agreement with the personnel administration office and taking into account the respective budgetary situation.
What role does the career principle play in German civil service law?
The so-called career principle is a central element of the German civil service and is enshrined in the relevant civil service laws and the Basic Law (see Art. 33 para. 5 GG). It stipulates that the professional development of civil servants takes place within legally well-defined career paths, which systematically organize tasks, qualifications, training processes, and promotion opportunities in the various career groups. The principle ensures transparency, predictability, and legal equality, and safeguards the competence of civil servants in exercising official duties. The career principle also forms the basis for the rights and obligations of civil servants and is a prerequisite for the application of further civil service regulations, for example regarding remuneration or pensions.
How are professional specializations in civil servants’ career paths legally treated?
Professional specializations within civil service career paths are legally regulated through the formation of different disciplines (e.g., technical service, administrative service, judicial service). For these, there are special career ordinances and laws that specify entry, training, and promotion in greater detail. Access to these specialist career paths, in addition to the general career law requirements, also requires specific qualifications, such as a relevant university degree or a specific technical education. The legal basis is found in special statutory regulations such as the Federal Career Ordinance (BLV) or corresponding state ordinances as well as the respective subject-specific regulations. The examination of professional suitability is carried out as per the requirements of the field and career path, and must be demonstrated in the course of recruitment and career examination.
Which legal regulations apply to the probationary period within civil servants’ career paths?
The probationary period is a mandatory prerequisite for permanent civil service appointment for life and is bindingly regulated in the Federal and State Civil Service Acts as well as in the career ordinances (§ 11 BBG). During the probationary period, which generally lasts between three and five years, the civil servant must demonstrate that he or she meets the particular requirements of the career path in terms of suitability, qualifications, and professional performance. The legal structure of the probationary period includes regulations on its duration, content, extension in exceptional cases (e.g., extended absences), and the procedures for evaluating and assessing performance. A civil servant can only be appointed for life if, after official evaluation, there is no doubt as to his or her suitability. Details are specified in the relevant legal and administrative regulations.
What is the significance of career qualification and how is it acquired legally?
Career qualification is the statutory prerequisite for appointment to a status office within a career path. Its acquisition takes place in accordance with §§ 17 et seq. BBG and corresponding state regulations either by completing a preparatory service with a final career examination or—in exceptional cases—by recognition of equivalent previous education and professional experience (so-called proof of qualification by other means, § 17 para. 5 BBG). Career qualification is established through a legally regulated procedure. It is a prerequisite for exercising sovereign functions in the respective career branch and ensures that the merit principle in the public service is met pursuant to Art. 33 para. 2 GG. Evidence of career qualification is provided by certificates, examination diplomas, or official recognition notices and is an indispensable foundation for appointment and promotion within the respective civil servant career path.
