The state and/or other legal entities of the public right requires natural persons, in order to be authorized to act. This task is noticed by the public service. The official right is the special right of a part of the natural persons of the public service. The official right belonged to the public right and is part of the special administrative law. The state acts not only by officials, but also by employees and workers (recompenses after collective agreement for the public service Soldiers (regulated in the national service act) and judges (regulated in the German judge law). These legal relations do not rank among the official right, although often parallels exist.

Differences to the industrial law

The official relationship (in particular reason, completion, rights and obligations) is by law from the legislator on one side sovereign, whereby it concerns however a act of administration co-operation-required in each case. Thus the official right differs crucially from the industrial law, where by employer and employee an individual work contract is negotiated and/or the Tarifvertragsparteien a collective work contract (collective agreement, employment agreement). For example raisings of the tariff for the employees in the public service, who agreed upon the Tarifvertragsparteien, are only trained with delay by the legislator into the paying laws.

Sources of right

Basic Law

The fundamental regulations of the official right are in kind 33 GG (Basic Law) and are from the legislator to to be considered.

Official right framework law and official laws

The official right is a splintered right subject, the federation and the countries is justified to issue in each case own laws. In order to guarantee a uniform framework of the official right, the federation regulated 75 exp. 1 GG according to kind by a Rahmengesetz the bases of the public public service employment law. Whereupon constructing the federation federal official law and the countries issued their respective national official laws.

further laws

The federal pay law (BBesG) and the official supplying law (BeamtVG) are federally uniform regulated. Besides further step - in each case laws and/or regulations, like work time regulation, issued by the federation and the countries, sick leave regulation, maternity leave regulation, part-time work regulation, career regulation, discipline-bad-set.

Special regulations for certain groups of officials

For certain groups of officials special regulations exist - example career regulation of the police, federal police officer law

Personnel agency right

(see about federal personnel agency law).

In principle it applies that for the federation and legal entities of the public right, which are subordinate to the supervision of the federation the federal official law together with Nebengesetzen and applies for regulations during for whom respective Lands of the Federal Republic and from these supervised legal entities of the public right (inclusive the municipalities and municipality federations) the respective national official right is to be used.

constitutional bases

The constitutional regulations kind 33 GG are to be considered by the legislator compellingly: In kind 33 exp. 2 GG the principle of efficiency is set, which make the entrance to the public service exclusively dependent on suitability, capability and technical achievement. is impossible thereby (actually). In kind 33 exp. 3 GG a disadvantage is excluded because of a world-descriptive confession (special equality set). The function reservation kind 33 exp. 4 GG is to guarantee that determined sovereign ranges only from officials, who may be exercised in a special allegiance to state. Kind 33 exp. 5 GG secures with the brought principles of the civil service with tenure a core existence recognized by structure principles of the official right, in the opinion the Federal Constitutional Court at least already in that for Weimar realm condition is and obligates the legislator this to consider. For this count: Allegiance, strike prohibition, career principle, alimony principle, lifetime principle and the welfare service obligation.

The official relationship

Kinds of officials

Civil servant is, who to the federation, to a country, to a municipality, to a local authorities association or to a legal entity of the public right (example: IHK, broadcasting corporation, church) in a public serving and loyalty relationship stands. These legal entities, to who concretely the official is assigned, are called service gentleman. The following groups of officials are differentiated, which are expressed with the appointment: An official on lifetime, an official on time (=Ernennung on certain continuous important group the local polling clerks are), officials on sample (=zur later use than civil servants on lifetime and/or for the later durable transmission of an office for line), civil servants on revocation (=bei doing the period of instruction approximately as a junior lawyer), as honour civil servants. The appointment into the official relationship to lifetime is the rule.

Career principle

A career covers all offices the same field, which presuppose a same training. To the career also the period of instruction and the Probezeit belong. The official is appointed into a career according to his school training.

The following careers are differentiated (see the respective career regulation):

• simple service - a condition hauptschule;
• middle service - a condition six-form high school or equivalently;
• elevated service - a condition Abitur or equivalently;
• higher service - a condition university conclusion or equivalently.

Appointment into the official relationship

The appointment of the official is only formally in the legally prescribed procedures and formal requirements possible by act of administration. An appointment is only possible for Germans in the sense of the Basic Law and/or citizen of other member states of the European union, which guarantee at any time the free democratic constitutional structure to occur and possess the technical suitability necessary for the respective career (see kind 33 exp. 2 GG). For the applicant further a occupyable permanent post must be present. The office with appropriate basic salary is lent by the certificate of appointment to the applicant (e.g. as a government advice). Each change of the concrete official relationship for example by transport (award of another office with higher basic salary - from the government advice to the upper government advice), the ascent (the change of the career) and the transfer (change service gentlemen are subject to the same form severity as the appointment into the official relationship.

Completion of the official relationship

The official relationship terminated by death, dismissal (with loss of the nationality, incompatiblenesses with the official status - approximately as a member of the federal state parliament, on own desire), loss of the official rights (for instance with condemnation to a punishment of over one year, "§ 24 exp. 1 No. BRRG) and with distance from the service because of a Disziplinarverfehlung (this sets in for procedure discipline-bad-set ahead; as the highest disciplinary action the distance from the service can be planned). The main case of the completion of the official relationship is the entrance into the retirement. This usually follows with the reaching of the age limit (usually 65 years). With service inability (physical or mental weaknesses - to determine by the medical officer) the civil servant can be shifted also before reaching the age limit into the retirement. Special arrangements apply to political officials (officials, who enjoy the special confidence of the political guidance - which is respective offices in the official laws defined) can into the provisional retirement be shifted at any time. Officials in the retirement have according to their Vordienstzeiten requirement on a retirement content after the official supplying law.

Articles in category "Official right"

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