Disziplinarrecht serves the public administration within the range to maintain the operability and the integrity of the official right. It regulates the question, under which conditions a civil servant commits a service passing, to clear up how this and how to this is to be reacted.

The Disziplinarrecht is part of the official right.

Germany

In Germany the Disziplinarrecht of the federation is in federaldiscipline-bad-sets (BDG) regulated. The Lands of the Federal Republic have own in each case discipline bad TZE or plan to replace their past Disziplinarordnungen by laws.

Kinds of the disciplinary actions

There are the following kinds of disciplinary actions after the BDG:

• Reference,
• Fine,
• Shortening the service purchases,
• Distance from the official relationship,
• Shortening the Ruhegehalts (with Ruhestandsbeamten),
• Deprivation of the Ruhegehalts (with Ruhestandsbeamten).

Nationallegally there is still the transfer to an office the same career with smaller final round content

The procedure can be led as official and/or judicial Disziplinarverfahren.

Administrative jurisdictionn

The tasks of the discipline bad arranging barness notice the courts of the administrative jurisdictionn. With the Administrative Courts special chambers exist for Disziplinarsachen, with the higher administrative courts senates for Disziplinarsachen. Beside the occupation judges there tenured civil servant as honorary judges, so-called official assessors decide.

Letztinstanzlich decides the Federal Administrative Court - without co-operation of official assessors.

Soldier

To soldiers (occupation and time soldier, military service conscript) the military disciplinary regulation (WDO) applies. There is responsible special military service courts.

Judge

Judges are not officials, stand however to their service gentleman in a special serving and loyalty relationship. In accordance with "§ 63 exp. the regulations of the BDG apply for 1 German judge law (DRiG) in a general manner to it. Besides honour courts exist in Germany.

Civil service-carrying out

The service passing committed by civil service-carrying out become in a special Disziplinarverfahren after "§"§ 58 FF. the law over the civil service of the conscientious objectors (ZDG) pursues.

Austria

In Austria the Disziplinarrecht of the federal officials is regulated in the official service law (BDG 1979) "§"§ 91 FF putting CIT.

Switzerland

Churches

The churches have its own Disziplinarrecht (church Disziplinarrecht).

Literature

Bauschke, Hans Joachim and weber, Achim: Federaldiscipline-bad-set - comment, Stuttgart 2003.

Articles in category "Disziplinarrecht"

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