Federal Civil Servants (Act): Legal Foundations and Systematic Classification
The Federal Civil Servants Act (BBG) is the central law governing the legal status of the Federal Civil Servants. In the federal sector, it supplements the general statutory regulations for civil servants in Germany and forms the specific equivalent to the respective state civil servant laws of the individual federal states.
Historical Development of the Federal Civil Servants Act
The Federal Civil Servants Act was first enacted in 1953 and has since been fundamentally amended several times. With the federalism reform in 2006, civil service law was divided into a federal and a state law component. Since then, the competence to regulate remuneration and pension law has largely rested with the states, while the BBG governs the status-related rights and duties of federal civil servants as well as their career paths, legal status, and welfare in an overarching manner.
Scope and Applicability
The Federal Civil Servants Act regulates the service relationships of civil servants who serve in federal administrations, courts, authorities, and other federal institutions. This includes, for example, officials of the Foreign Office, federal ministries, federal courts, as well as federal agencies such as the Federal Criminal Police Office or the Federal Police.
Excluded from the scope are members of the states, municipalities, municipal associations, and other bodies, institutions, and foundations under public law, as far as they are subject to the jurisdiction of the states.
Legal Status and Position of Federal Civil Servants
Civil Service Relationship
The BBG stipulates the requirements for establishing, shaping, and terminating the civil service relationship. The following types exist:
- Lifetime Civil Service Relationship
- Civil Service Relationship on Probation
- Civil Service Relationship on Revocation
- Fixed-Term Civil Service Relationship (e.g. for political civil servants)
A civil service relationship is a special public-law service and loyalty relationship that is fundamentally different from a private-law employment relationship. It is established by a sovereign act of appointment.
Appointment and Career Paths
The appointment as a federal civil servant is made by handing over a certificate of appointment. The BBG regulates the general requirements for entry and the requirements for the various career paths. The career structure is based on different service grades (Lower, Intermediate, Upper, and Higher Service).
The federal government may regulate further details regarding individual career paths and promotion opportunities by way of statutory ordinances.
Rights and Duties
The core rights and duties of federal civil servants include:
- Duty of loyalty to the employer (federal government)
- Duty of full commitment to the profession
- Duty of confidentiality
- Official secrecy
- Prohibition of proximity in political activities
- Obligation to neutrality and impartial conduct of office
The principal rights include in particular:
- Right to remuneration and pension
- Entitlement to welfare from the employer
- Right to protection of legal status
- Right to fair working conditions and employment commensurate with the position
Disciplinary Law
The BBG also regulates the options for service-related measures in the event of breaches of duty. Disciplinary measures range from reprimands and fines to removal from the civil service. Further details are governed, alongside the BBG, by the Federal Disciplinary Act (BDG).
Termination of the Civil Service Relationship
The civil service relationship generally ends through dismissal, removal from service, entry into or transfer to retirement, or death. Grounds for dismissal may include, among others, resignation from the civil service or loss of civil servant rights by criminal court judgment.
Upon entry into retirement, the civil service provisions on age retirement, retirement due to incapacity to serve, and provisions for pension benefits apply.
Welfare and Pension Law
The federal government is under a special duty of care towards its civil servants. This includes, in particular, protection of health, social security in cases of illness, care needs, or death, as well as the assurance of adequate pension benefits after leaving active service.
Remuneration and Pension
Since the federalism reform, the Federal Remuneration Act (BBesG) regulates the pay of federal civil servants. Pension benefits are regulated in the Civil Servants’ Pensions Act (BeamtVG). The BBG refers to these specific laws regarding the regulation of remuneration and pensions.
Working Hours, Leave, and Leave of Absence
The BBG contains regulations on working hours, release from duty, parental leave and part-time employment, as well as on annual leave and special leave. Further details are set out in additional regulations such as the Federal Working Hours Regulation for civil servants.
Protection of Civil Servant Status and Legal Remedies
The Federal Civil Servants Act contains comprehensive regulations to protect civil servant status and ensure effective legal protection. The administrative courts are open for recourse against official actions or measures with legal effect on status. Proceedings for objection and legal action before the administrative courts are possible.
Relationship to Other Legal Texts and Ancillary Laws
In addition to the BBG, numerous other federal laws are relevant for federal civil servants, in particular:
- Federal Career Regulation (BLV)
- Federal Remuneration Act (BBesG)
- Federal Disciplinary Act (BDG)
- Civil Servants’ Pensions Act (BeamtVG)
- Working Hours Regulation
- Federal Equal Opportunities Act
The BBG serves as the foundational status law, while the individual laws mentioned govern specific areas.
Primacy and Subsidiarity Relationships
According to Article 33 of the Basic Law, the legislature has the authority to shape civil service law. The BBG has a lower rank compared to specific provisions of the Basic Law, but takes precedence over subordinate ordinances and administrative regulations.
Significance of the Federal Civil Servants Act in the German Legal System
The Federal Civil Servants Act plays a central role in the federal public service. It ensures the functioning of public administration, serves to protect state institutions, and strikes a balance between the interests of the employer and the legitimate concerns of civil servants. The basic principles established in the BBG—lifetime employment, duty of loyalty, duty of care, and the principle of adequate maintenance—are integral elements of the German professional civil service and are constitutionally guaranteed.
The Federal Civil Servants Act is subject to continuous adaptation to societal, legal, and organizational changes in the federal public service. It ensures legal certainty and transparency in federal civil service law.
Literature Reference:
A continuously updated version of the Federal Civil Servants Act, all amendments, and related guidelines are usually available on the websites of the Federal Ministry of the Interior and official promulgation portals.
Frequently Asked Questions
What regulations does the Federal Civil Servants Act provide concerning the probationary period for federal civil servants?
The Federal Civil Servants Act (BBG) generally prescribes a probationary period for appointment for life, which is typically three years (§ 11 Para. 1 BBG). The probationary period serves to determine whether the individual fulfills the professional and personal requirements for a permanent civil service relationship. In special cases, particularly when transferring from another employment relationship, the probationary period may be shortened or waived entirely if equivalent activities are demonstrated (§ 12 BBG). During the probationary period, dismissal may occur without the strict requirements of civil service law, provided deadlines and hearing requirements are observed. The probationary period may be extended, including due to extended illness or leave that prevents assessment (§ 11 Para. 2 BBG).
Under what conditions can a federal civil servant be retired early?
According to §§ 44 ff. BBG, a federal civil servant can be retired early for various reasons. This is provided in particular for incapacity to serve (§ 44 Para. 1 BBG), when the civil servant is permanently unable to fulfill his or her official duties due to physical condition or health reasons. Determination of incapacity is made by medical examinations and, if necessary, a supplementary medical opinion. The BBG also provides for retirement upon reaching the age limit (§ 51 BBG), with the standard retirement age being 67, subject to transitional rules for age limit by year of birth. Additionally, special regulations exist, for example, for severely disabled persons or for specific civil service reasons. The retirement is effected by a formal administrative act against which legal remedies can be sought.
What duties do federal civil servants have under the Federal Civil Servants Act?
The Federal Civil Servants Act sets out the essential duties of federal civil servants in §§ 60 to 67. These include in particular the duty of full commitment to the profession (§ 62 BBG), the duty of loyalty to the Basic Law and the legal system (§ 60 BBG), the requirement for moderation and restraint in political activity (§ 60 Para. 2 BBG), the duty to act selflessly as well as to behave in a way that commands respect and engenders trust (§ 61 BBG). There is also a duty of confidentiality (§ 67 BBG) regarding official matters whenever there is a justified public or private interest. Breaches of these duties may result in disciplinary measures.
What rules apply to secondary employment of federal civil servants?
Secondary employment by federal civil servants is regulated in § 99 ff. BBG and the Federal Secondary Employment Regulation (BNV). In principle, any secondary employment, i.e. work outside the main activity as a federal civil servant, must be reported unless it is exempt from approval (§ 99 Para. 1 BBG). Remunerated secondary employment that might impair service or reputation generally requires approval. Secondary or honorary activities usually do not require approval, provided they do not conflict with official interests. The respective employing authority decides on approval, which may be refused if official interests prevail. The obligation to report and, where necessary, obtain approval serves to safeguard neutrality and efficiency.
Are there special provisions in the Federal Civil Servants Act for the rights of severely disabled persons?
The Federal Civil Servants Act refers to and supplements the provisions of Book IX of the Social Code regarding the rights of severely disabled persons in the civil service. In particular, § 50 Para. 2 BBG provides that, in the case of retirement due to incapacity, special protective provisions for severely disabled persons apply, for example, the option of earlier retirement from a certain age (generally from 62, with transitional rules). The representative body for disabled persons is involved in personnel measures, and special duties of care and promotion apply (§ 91 BBG). Other specific regulations concern workplace equipment, protection against dismissal, and preferential consideration for promotion, provided performance, suitability, and professional qualification are equal.
Under what circumstances can the civil service relationship expire under the Federal Civil Servants Act?
The expiry of the civil service relationship is conclusively regulated in §§ 21 to 24 BBG. The relationship normally ends through death, dismissal, loss of civil servant rights following a criminal court judgment (§ 24 BBG), or entry into or transfer to retirement (§ 21 BBG). Dismissal may be requested or may result from an administrative act, for example during the probationary period or if official requirements are not met (§ 23 BBG). A special case is removal from the civil service as a disciplinary measure under the Federal Disciplinary Act. There are also special rules for resignation due to election to the Bundestag or Bundesrat.
What legal remedies are available to federal civil servants under the Federal Civil Servants Act?
The BBG grants federal civil servants the opportunity to challenge official measures and administrative acts. This is typically done by filing objections under the Administrative Procedure Act or by bringing proceedings before the administrative courts (§ 126 BBG). In special cases, such as disciplinary measures, legal remedies are provided under the Federal Disciplinary Act. Federal civil servants also have the right to a fair hearing and the involvement of employee representation bodies (staff council, representative body for the disabled) in personnel measures. Specific regulations apply to disputes between competitors in civil service law, especially in promotion procedures (Art. 33 Para. 2 Basic Law in conjunction with the BBG).
