Definition and legal basis of honorary civil servants
Honorary civil servants are officials who hold a public office in a secondary capacity, usually without remuneration, in the service of a corporation, institution, or foundation under public law. The status of honorary civil servant is regulated under German civil service law and fundamentally differs from that of full-time, i.e., professional civil servants. The principal legal foundations include, in particular, the Civil Servants Status Act (BeamtStG), the respective state civil service laws, as well as pertinent municipal and other service authorities’ regulations.
Definition
According to § 5 (1) BeamtStG, civil servants are appointed for life, on probation, on revocation, or on an honorary basis (honorary civil servants). Honorary civil servants generally perform their duties voluntarily and as a secondary activity; they do not receive regular remuneration like career civil servants but are often entitled to expense allowances or attendance fees.
Appointment and nomination of honorary civil servants
Requirements for appointment
Honorary civil servants are appointed by formal nomination, as with other types of civil servants (§ 8 BeamtStG). The appointment generally requires German citizenship, personal suitability, professional competence for the honorary position, and the willingness to perform official duties truthfully and dutifully.
Form and procedure
The appointment is made by handing over a certificate of appointment. The modalities of appointment and nomination are governed by state laws and the statutes of the respective service authorities. The term of office of an honorary civil servant is usually limited, for example, for the duration of a municipal electoral period or for the duration of a specific task.
Legal status and duties of honorary civil servants
Legal relationship
Honorary civil servants are in a public-law service and loyalty relationship, as generally applies to civil servants. However, this legal relationship is restricted, adapted, or modified in several respects.
General rights and duties
Honorary civil servants are subject to the fundamental obligations of civil servant status, namely the duty of confidentiality, the requirement for moderation in official conduct, and the obligation of neutrality. The prohibition on accepting rewards and gifts also applies. However, the rights and duties as a civil servant are often differentiated according to function, for example regarding regulations on working hours, vacation, or the obligation to participate in continuing education.
Remuneration, pension, and expense allowance
Honorary civil servants generally have no entitlement to salary or pension under the provisions of civil service law. As a rule, they serve in an honorary and unpaid capacity. However, they are often provided with reasonable expense allowances or attendance fees for performing representative or responsible offices. Exact regulations are set out in special compensation statutes or state laws.
Liability, disciplinary law, and legal protection
Liability
Honorary civil servants are liable for damages caused in the exercise of their duties based on the same principles as other civil servants. However, the employer is primarily liable to third parties (official liability), while recourse against the honorary civil servant is only possible in cases of intent or gross negligence.
Disciplinary law
Honorary civil servants are subject to disciplinary law, but often in a simplified form with limited sanctions. Serious breaches of duty can lead to loss of office or ineligibility for future honorary offices.
Legal protection
Honorary civil servants have recourse to administrative courts against official measures, dismissals, or disciplinary actions. The relevant appeal and complaint periods are governed by the pertinent administrative court regulations.
Termination of the official relationship
The term of office of honorary civil servants ends when the fixed period expires, by resignation, by dismissal, or by death. In individual cases, dismissal proceedings may be initiated, for example, in the case of gross breaches of duty or incompatibility with other offices. There is usually no automatic age limit for ending honorary office unless this is explicitly provided for in the relevant statutes.
Examples and fields of application
Fields of application
Honorary civil servants serve in various areas of public life:
- Local and city mayors
- Arbitrators
- Members of municipal representative bodies
- Volunteer fire brigade leaders
- Church officials (in certain Protestant regional churches)
Special provisions
Specific branches of office stipulate special provisions for honorary civil servants, for example regarding insurance protection (accident insurance during the performance of official duties), confidentiality requirements, or the combination with full-time positions.
Distinction from other honorary offices
A clear distinction must be made between honorary civil servants and holders of other honorary offices in the public service. Not every voluntary activity in the public service gives rise to the status of an honorary civil servant. The decisive factor is the formal appointment and the assignment of sovereign tasks within the framework of statutory regulations.
References and further regulations
- Civil Servants Status Act (BeamtStG)
- Federal Civil Servants Act (BBG)
- State civil service laws
- Municipal compensation statutes
- State ordinances on the appointment and legal status of honorary civil servants
Note: The term “Ehrenbeamte” is specific to German public law and does not exist in comparable form in all countries. The precise nature is determined by the statutory and regulatory provisions of the relevant public service authority.
Frequently asked questions
How are honorary civil servants appointed under the law?
The appointment of honorary civil servants is governed by the respective federal or state civil service laws, in particular the Federal Civil Servants Act (BBG) and the state civil service laws (e.g., the Civil Servants Status Act, BeamtStG). Honorary civil servants are appointed by a formal certificate of appointment stating the nature of the service relationship (§ 8 BeamtStG). The appointment is made by the authority authorized to appoint, which is usually the responsible governing body of the public authority or corporation under public law. All statutory requirements must be met before appointment, including, for example, full legal capacity, personal suitability, and, where applicable, further conditions set out in state or special laws, such as German citizenship. The appointment is an administrative act and becomes effective only upon handover of the certificate. An early or retroactive appointment is excluded, as is subsequent fulfillment of unmet formal requirements.
What rights and duties do honorary civil servants have compared to full-time civil servants?
Honorary civil servants are generally subject to the same fundamental duties as full-time civil servants, i.e., they are required to perform their official duties reliably, conscientiously, and impartially (§ 33 BeamtStG). They enjoy the protection of the employer and are entitled to welfare within the scope of their official duties. Unlike full-time civil servants, however, they serve in an honorary capacity, which is usually unpaid or only comes with an expense allowance, and they are mostly appointed only for certain tasks or for a limited period. There are therefore no entitlements to salary, pension, or career advancement. Benefits such as allowances or the granting of material resources may exist where provided by law. The official status and disciplinary supervision apply; however, transfers and secondments are generally excluded due to the honorary nature of the position.
How does the honorary civil servant relationship end according to legal provisions?
The honorary civil servant relationship may be terminated in accordance with the relevant civil service regulations in various ways: by the expiry of a fixed-term appointment, by revocation, at the request of the honorary civil servant, through dismissal, or by entering retirement on reaching the age limit, although the latter option rarely applies to honorary civil servants since such positions are usually for a fixed term or tied to certain periods of office. Revocation is possible pursuant to § 119 BBG or the respective state law provisions if, for example, the office can no longer be exercised (such as loss of personal suitability, gross breach of duty). Legal remedies against termination decisions are available in administrative court proceedings. The termination takes effect upon receipt of the dismissal notice or other legally effective notification from the relevant authority.
Are honorary civil servants subject to the same disciplinary regulations as full-time civil servants?
Yes, honorary civil servants are fundamentally subject to the Civil Servants Status Act and the respective disciplinary laws (e.g., Federal Disciplinary Act, BDG). Disciplinary measures that may be imposed include, in particular, reprimand, fines, dismissal from the honorary civil servant relationship, and – if permitted under state law – revocation of honorary rights. The relevant provisions on disciplinary procedures apply accordingly. In practice, it should be noted that, owing to the lack of entitlement to remuneration, certain sanctions (such as deductions) are not applicable. The procedure follows general principles (including the right to be heard, presumption of innocence, and guarantee of legal remedies).
Is secondary employment permitted during an honorary civil servant relationship?
In contrast to full-time civil servants, honorary civil servants are generally not subject to restrictive regulations regarding secondary employment, as they usually perform their office unpaid alongside their main profession. Nevertheless, secondary employment must be structured so as not to conflict with official duties or give the appearance of a conflict of interest. A prohibition only arises if the secondary employment impairs the exercise of the honorary office or violates legal requirements (duty of confidentiality, prohibition on accepting rewards/gifts, § 42 BeamtStG). Special statutory provisions may stipulate requirements for secondary employment requiring approval.
What liability regulations apply to honorary civil servants in the event of breaches of official duty?
Honorary civil servants are also subject to civil service liability when breaching official duties. They are liable to the employer under § 48 BeamtStG for damages caused intentionally or by gross negligence in the course of their official activities. In relation to third parties, liability is generally limited: under § 839 BGB in conjunction with Art. 34 GG, the State or respective corporation is usually liable. In cases of gross misconduct or intentional harmful behavior, recourse may, however, be taken by the employer. Liability regulations include coverage by official liability insurance, if such exists through or by the employer.
How are honorary civil servants legally obliged regarding data protection and official secrecy?
Honorary civil servants are required, within the scope of their office, to fully comply with data protection regulations. In accordance with applicable data protection laws (e.g., GDPR, Federal Data Protection Act, state data protection laws), they must treat personal data confidentially and may only use information obtained in the course of their duties as permitted by law. In addition, they are obliged under § 37 BeamtStG to maintain official secrecy, even after termination of the honorary civil servant relationship. Violation of these obligations can result in disciplinary, criminal, and civil law consequences. Awareness-raising and regular training by the employer are also legally required for honorary civil servants.
