The public service in Germany

121 

Loading....

Loading....

Loading....

Loading....

Loading....

Full text

(1)

The public service in Germany

(2)

TABLE OF CONTENTS

Preface

...

2

The public service in numbers... 3

Federal Republic of Germany ... 4

I. The structure of the state and of the public administration in Germany...6

1. Tiers of state governance and administration ...6

2. The administration of the Federation ...9

3. The administration of the Länder ...14

4. The administration of local authorities...18

5. The indirect public administration...20

6. The non-public institutions ...22

7. The judiciary...24

II. Modernising the Public Administration...26

1. “Modern State - Modern Administration” (www.staat-modern.de) ...26

2. Bund Online2005 (www.bundonline2005.de)...29

III. The foundations of employment in the public service...31

1. Employment in the public service...31

2. Eligibility for the public service ...39

3. Foundations of the employment of civil servants ...42

4. The foundations of the relationship between public employer and employee ...63

5. General terms of employment for civil servants and public employees...71

6. Occupational health and safety...81

IV. The pay systems in the public service...82

1. The remuneration of civil servants ...82

2. The pay of public employees ...94

3. Special payments...911

4. Salaries and wages in the new Länder ...102

5. Salary and wage increases ...103

6. The remuneration of members of the government ...107

7. Reform measures ...109

8. Developments in personnel expenditure ...111

V. The pension systems in the public service...112

1. The pensions of civil servants ...112

2. The pensions of public employees...122

VI. Annex...128

(3)

Preface

Dear reader

The public administration of the Federation, the federal states (Länder) and the local authorities with their 4.8 million staff, of which approximately 1.6 million are civil servants, is at the

service of the citizens of our country. Close contact with citizens,

quality and efficiency are the guiding principles of the public service in performing its

diverse tasks. All reform efforts aim at constantly improving performance while at the same time reducing costs.

With this second edition of the brochure about the public service in Germany, the first edition of which was published in 1999, I would like to inform the interested public about the evolution of the public service, covering, for example, the Federal, Länder and local authority administrative structure in Germany, working conditions, remuneration and pensions of civil servants and public employees.

The esteemed reader may also gain insight into the Federal Government's initiatives for reforming the Public Service Law under the programme "Modern State - Modern

Administration". The preparedness of our staff to take responsibility and to perform,

combined with high motivation, are essential prerequisites without which the public service could not fulfil its demanding tasks on behalf of Germany's citizens so effectively.

I have good reason to thank all our public service staff members - working in the schools and universities, the police and security authorities, the health sector and the general administration, as well as in other authorities and institutions - for their responsible work.

Otto Schily

(4)

The public service in numbers (as per 30 June 2000)

Total number of persons in gainful employment in Germany 1 36,6 million

• Men 20,7 million

• Women 15,9 million

Public service staff:2 4,8 million

• Men 2,3 million

• Women 2,5 million

Area of employment

Federation 502,000

Indirect public service 488,000

Länder 2,273,300

Local authorities 1,572,000

Employment relationship

Civil servants 1,588,600

Judges, public prosecutors 27,400 Professional and fixed-term military personnel 186,600 Salary earners in the public service 2,351,500 Wage earners in the public service 681,200

1)

Source: Federal Statistical Office, series 1, vol. 3, 2000 2)

Source: Federal Statistical Office, series 14, vol. 6, 2000

Länder 47% Local level 33% Federation 10% Indirect public service 10% Wage earners 14% Salary earners 49% Civil servants, judges 33% Professional and fixed-term military personnel 4%

(5)

Federal Republic of Germany Baden-Württemberg 10.5 million inhabitants Bavaria 12.2 million inhabitants Saarland 1.1 million inhabitants Rhineland-Palatinate 4.0 million inhabitants Hesse 6.1 million inhabitants Schleswig-Holstein 2.8 million inhabitants Mecklenburg-Western Pomerania 1 8 million inhabitants Berlin 3.4 million inhabitants Hamburg 1.7 million inhabitants Bremen 0.7 million inhabitants Lower Saxony 7.9 million inhabitants Saxony-Anhalt 2.6 million inhabitants Brandenburg 2.6 million inhabitants Saxony 4.4 million inhabitants Thuringia 2.4 million inhabitants North-Rhine Westphalia 18.0 million inhabitants

(6)

Area 357,000 km2

Total population 82.2 million inhabitants

- Men 40.1 million (48.8%)

- Women 42.1 million (51.2%)

of whom: foreigners 7.3 million (8.9% of the total population)

of whom: EU citizens 1.9 million (2.3% of the total population)

(7)

I. The structure of the state and of the public administration in

Germany

1. Tiers of state governance and administration

In the Federal Republic of Germany, the fundamental order of the state is governed by the constitution, the Basic Law of 23 May 1949. A fundamental principle enshrined in the Basic Law is the rule of law, which is the very basis of the order of the state. It determines the relationship between the state and its citizens.

Three principles enshrined in the Basic Law are of particular significance for the structure of the state and the administration, namely:

• the separation of powers,

• the federal system of government, • the self-government for local authorities.

The separation of powers is at the core of the rule of law. In order to safeguard the interests of the citizens vis-à-vis the state and to prevent the state from becoming allpowerful, state power is divided into three functions legislative, executive and judicial -which are each assigned to special bodies. The principle of the separation of powers is intended to allow these state functions to limit and control each other.

Germany was constituted as a Federal Republic on the basis of the Basic Law. The Federal Republic is a federation of subnational states (Länder) in one country with a federal government (Bund). As members of this Federation, the Länder are states with sovereign rights and responsibilities which are not devolved from the Federation but are granted to them by the Basic Law.

State power is divided between the Federation and the Länder according to the tasks and functions they perform. The Basic Law assigns everything that has to be regulated and managed in the general interest of the public to the Federation. The Länder have been assigned responsibility in all other matters. Accordingly, the main force of the legislative lies with the Federation, and the focus of the administrative apparatus with the Länder. In

(8)

the Federation and the Länder, the vast majority of administrative tasks are carried out by the "direct state administration" (i.e. by Federal or Land authorities), but also in part by legally independent administrations, known as "indirect" public administration. The legally and organisationally independent institutions of the "indirect" administration are subject only to limited state supervision - or are completely independent, as is the case with the German Central Bank (Bundesbank).

Many links between the different institutions force the decision-makers of the Federation and the Länder, which are autonomous under constitutional law, to work together in carrying out tasks. The Länder influence the legislation and administration of the Federation, as well as matters concerned with the European Union, through the Bundesrat.

In a federal system, a certain degree of co-ordination both among the Länder and between the Länder and the Federation is necessary in the interest of functionality.

Therefore the state and administrative apparatus are largely structured along uniform lines. The following make a major contribution to this uniformity:

• the legal system, which is largely uniform throughout the Federation,

• the public service, which is largely standardised throughout the Federation, and • the economic and financial system, which is uniform throughout the Federation. Responsibility for the public administration, however, does not lie with the Federation and the Länder alone. Under the Basic Law, local matters are dealt with independently by the bodies of local self-government (local authorities). In addition, local authorities also perform state functions on commission.

Three main, independent levels can be distinguished as a basic layout in the structure of the administration:

• the administration of the Federation, • the administration of the Länder, and • the administration of the local authorities.

(9)

In principle, each of these administrative tiers has its defined group of functions. There is no hierarchical pyramid of agencies from local authority through a Land to the Federation.

In total, the direct state administration, the administration of the local authorities and the indirect public administration employ a staff of almost 4.8 million. Of these, 502,000 (of whom 187,000 are military personnel) work in the Federal administration, 2.3 million in the Länder administrations, 1.6 million in the local authorities' administrations, and 488,000 in the indirect public administration.

In Germany the proportion of public service staff in the total population is in line with the international average.

Proportion of public service staff as a percentage of the entire population by countries as of 1998

Source: OECD, publication by PUMA/Human Resources Management (2000)

0

2

4

6

8

10

12

14

Australia Austri a Cana da Czech Repu blic Denmark Fi nland France Germ any Hung ary Italy Korea New Z ealan d Portu gal Spain Sw eden UK USA in %

(10)

2. The administration of the Federation

The - numerically rather small - direct federal administration with approx. 315,000 public service staff members (excluding the military) performs those public tasks which need to be carried out specifically by the Federation and which are necessary or expedient in the interest of the state as a whole.

The federal administration includes the Federal Government in its policy-making role, and authorities which carry out administrative functions of the Federation. Accordingly, we distinguish between the highest federal authorities and the subordinate federal authorities. Highest federal authorities

The Federal Government consists of the Federal Chancellor and the federal ministers. Three independent federal authorities report directly to the Federal Chancellor: the Federal Chancellery, the Press and Information Office of the Federal Government, and the Federal Government Commissioner for Cultural Affairs and the Media. Each federal minister is in charge of one federal ministry.

According to the organisational provisions contained in the Basic Law (Art. 65), three principles guide the work of the Federal Government:

The general policy principle:The Federal Chancellor determines and is responsible for general policy.

The ministerial principle: Within the general policy determined by the Federal Chancellor, each federal minister conducts the business of his/her department autonomously and on his/her own responsibility.

The collegiate principle: The Federal Government decides as a collegiate body on important matters, particularly concerning differences of opinion between the federal ministers.

The Federal Chancellor plays a key role in organizing the government and assigning government posts. It is at his/her proposal that the Federal President appoints and dismisses federal ministers. The Federal Chancellor is hence entitled to form a Cabinet. He/she also has the power to determine the basic portfolios of the individual federal ministers on the basis of the entitlement to determine general policy. This organisational power of the Federal Chancellor may also not be restricted by the parliament.

(11)

The number of federal ministries has varied between 13 and 21 since the founding of the Federal Republic of Germany. The Federal Government has a total of approx. 23,000 staff members. The federal ministers decide whether a task is to be performed in the Ministry itself or assigned to subordinate federal authorities. As a rule, only matters of political significance, in particular preparing statutes, ordinances and other general regulations, are carried out in the Ministry. One task of the federal ministries is also to supervise

subordinate federal authorities.

Generally the federal ministries have no supervisory powers over Land authorities, the only exception being the (few) cases of federal administration by delegation of authority (e.g. in the area of civil use of atomic energy). Here the Federation retains its responsibility for the matter. The Federation has possibilities for supervision and intervention in order to ensure that tasks are performed in compliance with the law and the principle of usefulness. Example of the organisation of a federal ministry:

Organisation of a federal ministry

1)

1) Other forms of organisation are possible (Directorates-General may be divided into Directorates; working units may take the form of a division, a working group or a project group).

F

Fe

e

de

d

e

ra

r

al

l

M

Mi

in

ni

is

st

te

er

r

Minister's Office

Parliamentary State Secretary

State Secretary State Secretary

Directorate-General Central Tasks specialized Directorate-General specialized Directorate-General specialized Directorate-General

Division Division Division Division

Division Division Division Division

Division Division Division Division

(12)

In addition to the Federal Government, the other constitutional bodies - the Federal President, the German Bundestag (Lower House of Parliament), the Bundesrat (Upper House of Parliament) and the Federal Constitutional Court - have their own administrative apparatus. The largest of these belongs to the German Bundestag, with a staff each of approx. 2,100. The administrations of the other constitutional bodies, on the other hand, are made up of more than 200 staff each.

The Federal Court of Audit is also one of the highest federal bodies. It is independent of the Federal Government. The Federal Court of Audit, with a staff of approx. 600, examines the economic viability and proper financing of the federal administrative budget as a body of financial control.

Areas of federal administration

The Federation possesses administrative authority only to the extent that the Basic Law expressly invests it with such authority by virtue of a specific context or of the nature of a matter. The scope of the Federation's own administration, known as direct federal

administration, is hence strictly controlled. These are matters which are closely linked to the ability of the state as a whole to take action. Under the Basic Law, of the administrative areas dealt with by the federal administration, the following matters fall within the

responsibility of the Federation:

• Foreign Service: The Foreign Service employs a staff of 8,700, incl. local staff, at home and in the 200 diplomatic missions abroad (embassies, consulates and permanent representations at international organisations).

• Federal financial administration: The areas of fiscal and customs administration, amongst others, fall within the remit of the federal financial administration. The customs system has a three-tier structure of authorities with intermediate

authorities (regional finance offices) and local authorities (customs offices). At the same time, the regional finance offices head the financial administration of the Federation and the Länder in their district. All in all, the financial administration oversees a complicated division of tasks between the Federation and the Länder, including local authority administration. The obligation to work together is

(13)

intended to contribute to involving all levels of the federal state structure in the collection of state revenues. The Federal administration has a staff of 48,000 in this area.

• Federal armed forces (Bundeswehr) and the defence administration: The armed

forces are not counted as part of the administrative apparatus because of their military functions; the administration of the Bundeswehr, however, whose functions include personnel and resource management, is included. The armed forces are made up of 186,600 professional and fixed-term military personnel (not including conscripts). The number of civilian staff in the federal armed forces is about 135,000.

• Federal waterways and shipping: The Waterways and Shipping Administration, with a staff of 17,000, constitutes a separate federal administration with

intermediate authorities (Waterways and Shipping Directorates) and sub-authorities (Local Offices for Waterways and Shipping).

• Federal Border Police Authorities, Federal Criminal Police Office: The Federal Border Police (BGS) and the Federal Criminal Police (BKA) are federal police forces. The Federation assumes police tasks as far as needed on the federal level. The main tasks of the 38,000 staff of the Federal Border Police include border management and surveillance, railway police tasks and the protection of air transport at larger airports as well as providing assistance to the Länder at their request. The Federal Criminal Police Office is a higher federal authority and as such responsible for the co-operation with the Länder and for certain criminal police tasks. It has a total staff of 4,500.

• The intelligence services of the Federation are the Federal Intelligence Service (BND), the Federal Office for the Protection of the Constitution (BfV) and the Military Counterintelligence Service (MAD).

(14)

The railways, postal and telecommunications services, as well as air traffic control, which used to be part of the Federal administrative apparatus, have been privatised, with the exception of regulatory and supervisory functions.

The German railways have been transferred to Deutsche Bahn AG. Postal and telecommunications services are also provided under private law by Deutsche Post AG, Deutsche Telekom AG and

Deutsche PostbankAG. Air traffic control has been assigned to Deutsche Flugsicherung GmbH. A total of 1 million staff were employed in these areas in 1993, before privatisation started. The privatised enterprises still employ civil servants on the basis of interim provisions. The latter have however not been included in the statistical information on overall employment in the public service.

3. The administration of the Länder

In addition to the local authorities, the Länder are the major administration level in Germany with a total of 2.3 million staff in the public service of the Länder. In Germany, the 16 Länder can be divided into two categories:

• territorial states (Baden-Württemberg, Bavaria, Brandenburg, Hesse,

Mecklenburg Western-Pomerania, Lower Saxony, North-Rhine/Westphalia, Rhineland-Palatinate, Saxony, Saxony-Anhalt, the Saarland, Schleswig-Holstein, Thuringia) and

• city-states (Berlin, Bremen and Hamburg).

There is also a fundamental distinction for the Land administration between political activities which are exercised by the Land government and the exercise of administrative tasks. In contrast to the federal administration, however, the focus is on administrative tasks. The Land Ministries, as the highest Land authorities, are hence much more involved than the Federal Ministries in the actual implementation of policies.

The actual organisation of the Land administration is up to each individual Land. In spite of this autonomy, the Land administrations have developed along similar lines as a result of a two-hundred-year tradition. Most Länder with a large surface area have a three-tiered structure of authorities with the highest Land authorities (Land Ministries) at the top,

(15)

government commissioners or regional governments as an intermediate instance and the lower administrative authorities, some of which are also attached to the local

administration (county district commissions and/or local authority offices), as state

interfaces. Some of the smaller territorial states, as well as the city-states, do not have the intermediate levels. The city-states combine state and local administration. The Land governments (or Senates) carry out Land and local authority tasks at the same time.

In addition to the general administrative authorities, the Land administration also has special Land authorities (higher Land authorities, higher and lower special authorities). These special authorities have been established as tasks have been removed from the Ministries and the general administrative authorities. Special authorities have been primarily formed at central and lower levels.

• Without having their own sub-structure of authorities, the higher Land authorities carry out specific administrative tasks from one location for the whole Land (examples: the Land statistical offices, the Land criminal police offices, the Land offices for the protection of the constitution, the Land offices for remuneration and pensions).

• Higher special authorities have the function of an intermediate authority between the Ministries and the lower special authorities (examples: regional finance offices, regional education offices and forestry directorates).

• The lower special authorities at local level, which may be part of local authorities, are numerous and varied. They include the tax offices, forestry offices, mining offices, factory and trade supervision offices, school offices, health offices, state offices for university building, road construction offices, local offices for

waterways and shipping, Land survey offices and agriculture offices. State

environmental offices have been established as special authorities in some of the Länder.

In all the Länder, the largest number of staff is employed in the educational sector with schools and universities, the police and the financial administration.

(16)

• In the academic year 2000/2001 a total of 785,000 teachers was employed at public schools (general and technical schools). The Ministries of Culture and Education of the Länder are responsible for the internal administration of the schools, i.e. for training and appointing teachers, as well as for curricula and designing lessons, and for supervising schools. The Länder's responsibility extends to all types of school, including vocational schools, and the supervision of private schools. The Länder coordinate the mutual recognition of school qualifications, amongst other matters, via the permanent institution of the Conferences of Ministers of Culture and Education. The local authorities are generally responsible for external school matters, i.e. for building and furnishing schools and providing teaching materials and administrative staff.

Source: Federal Statistical Office, series 11, vol. 1, 2000

• Higher education institutions combine research, teaching and training for the new generation of academics. A system of different kinds of higher education

institutions (e.g. universities, polytechnics (Fachhochschulen), vocational academies) offers people various possibilities of qualifying for a profession and gaining a degree. Within that system, education at universities is more

theoretical, whereas technical college education is more practically oriented. Vocational academies combine practical training in a company with classroom studies. The higher education institutions are assigned to the academic

administration of the individual Länder. Germany has 350 higher education institutions with a total of 1.8 million students (2000). About 488,700 persons are employed at universities, Fachhochschulen and vocational academies, of whom 219,300 work in the arts and sciences, including 38,000 professors (who enjoy special academic freedoms anchored in the Basic Law) and 269,400 are administrative, technical or other personnel. The university hospitals employ about 189,200 staff.

Source: Federal Statistical Office, series 11, vol. 4.4, 2000

• In the area of law enforcement, the Länder employ approximately 273,600 staff, of whom 228,000 are police officers. In the Länder with a large surface area (territorial states), the authorities of the three levels of the general administrative apparatus are also responsible for fulfilling the duties of general police

(17)

authorities; in some cases there is a fourth level of mayors who are also responsible for fulfilling the duties of local police authorities..

• With more than 153,600 public service staff, the financial administrative apparatus of the Länder collects taxes, as well as a large proportion of other levies. The financial administrative apparatus also manages state assets and the state's commercial holdings.

Public service staff in the direct Land service as per 30.06.2000

Portfolio Staff in %

Schools and pre-school institutions

817,400 36.0

Higher education institutions

237,900 10.5

Fiscal and financial administration 153,600 6.8 Judicial institutions 189,700 8.3 Police 273,600 12.0 Others 601,100 26.4 Total 2,273,300 100.0

Source: Federal Statistical Office, series 14, vol. 6, 2000

4. The administration of local authorities

The local authorities municipalities/towns and rural districts (local authority associations) -are parts of the Länder which have exclusive responsibility for regulating the structure of local administration and the territorial borders of the local authorities and districts in accordance with Land legislation. There are 440 rural districts and towns not belonging to a county and approx. 13,800 municipalities in Germany. The municipalities, local

authorities and local joint authorities employ 1.57 million people. Enterprises organised under private law employ approx. 300,000 persons.

(18)

The local authorities are subject to the supervision and - where they carry out state tasks - to the instructions of the Land authorities. The municipalities deal with local matters on their own responsibility. This self-government for local authorities is protected by Art. 28 of the Basic Law.

Self-government for local authorities is a major element of the political order in Germany. The local authority constitutions of the individual Länder provide for a variety of models for organising the administrative apparatus. Municipality/district administrations are led by full-time civil servants. Depending on the type of the local authority constitution and the nature of the local authority, the official titles of these permanent civil servants differ (e.g. in municipalities: mayor or lord mayor, municipal councillor, city councillor or chief executive of a city; in rural counties: councillor or chief executive of a county). They are elected either by the local authority parliament or - increasingly - by direct vote. In addition, local authorities also perform state functions as charged. Most administrative matters that affect citizens are dealt with on the local level.

Local authority administrations make up the third pillar of administration in Germany. Their tasks include above all the administration of construction in the broadest meaning of the word (incl. town planning, road building and housing), social and health services, as well as public facilities (e.g. swimming pools, kindergartens and sports facilities). The local authorities are also responsible for providing local public transport and refuse disposal and supplying the population with water, gas, electricity and district heating. These utilities are largely operated as enterprises organised under public law.

(19)

Staff employed by municipalities,

associations of municipalities and local joint authorities as per 30.6.2002

Portfolio Staff in %

General administration 249,000 15.8

Public safety, law and order 115,000 7.3

Schools 128,000 8.2

Science, research and culture 86,000 5.4

Social security 281,000 17.9

Health, sport and leisure 84,000 5.4

Construction and housing, transport 138,000 8.8

Public institutions, promotion of economic development

155,000 9.9

Hospitals 278,000 17.7

Others 58,000 3.7

Total 1,572,000 100.0

Source: Federal Statistical Office, series 14, vol. 6, 2000

5. The indirect public administration

Institutions with special tasks constituted under public law which are not incorporated into the direct state or local authority administration are part of the indirect public

administration.

These are largely the social insurance institutions. They are part of the public service because they are bodies and institutions under public law and provide their services in accordance with federal statutes. They are however self-governing, autonomous

institutions in which the honorary governing boards are in most cases equally composed of representatives of employers and insured parties - in almost all cases, the group of the insured parties is represented by the trade and labour unions.

Specifically, these are:

• the agencies responsible for the statutory pension insurance (i.e. of the general system of pension, disability and surviving dependants insurance in Germany), namely the Federal Insurance Institute for Salaried Employees

(20)

(Bundesversicherungsanstal für Angestellte) and 17 Land Insurance Institute for Salaried Employees (Landesversicherungsanstalten) responsible for the pensions

insurance of wage-earners, with a total staff of 73,000,

• the employment administration, carried out by the Federal Institute for

Employment (Bundesanstalt für Arbeit) with a main office, ten Land Offices of Employment and 181 employment offices, as well as a total staff of 92,000,

• the agencies responsible for the statutory health insurance and old-age nursing-home insurance (local health insurance funds, substitute health insurance funds, guild's health insurance funds, company insurance funds, etc.) with a total staff of 139,000,

• the statutory accident insurance institutions (93 Berufsgenossenschaften and in the public sector accident insurance funds (Unfallkassen) or the like) with a total staff of 30,000, and

• the federal miners' insurance fund (Bundesknappschaft), with a staff of 14,000. Additionally, the German Central Bank (Deutsche Bundesbank) and other legally

independent institutions are part of the indirect public administration. The indirect public service employs a total staff of 488,000.

The Deutsche Bundesbank, which has its headquarters in Frankfurt am Main and employs a total staff of 16,500, is an integral part of the European System of Central Banks (ESCB) within the Economic and Monetary Union.

6. The non-public institutions

Particularly in social and health services, the number of staff employed by the public agencies (i.e. by the Länder and the local authorities or local authority associations) does not represent the total number of staff providing these services for citizens. To a

considerable extent, non-public institutions are also highly active here, in particular church or other non-profit organisations, and to a lesser extent also commercial service providers.

(21)

• In 1998 a total of 573,000 staff was employed in the area of child and youth services (nursery schools, children's homes, youth centres, facilities for children and young people with disabilities, etc.). Public agencies employ 228,000 staff,

followed by church agencies with a staff of 200,000. If institutions are operated by independent child and youth welfare agencies, public child and youth welfare agencies (run by counties and towns not belonging to a county, under Land law also municipalities) should not establish their own institutions. In 1998, about 67% of kindergartens were operated by independent child and youth welfare agencies on the territory of the former West-Germany, whereas this figure was about 31% in the new Länder.

• Approx. 1.11 million staff were working in hospitals in 2000, 1.05 million of them in general hospitals. Public hospitals employed 630,000 of these, the others were employed by hospitals operated by non-profit organisations or commercial

enterprises.

• Approx. 45,000 teachers were working at a total of 2,326 independent private schools in the 2000/2001 academic year, teaching more than 560,000 pupils. The right to establish private schools is expressly provided by the Basic Law, and to some extent by corresponding provisions in the Land constitutions. The right to establish private schools rules out a state monopoly on schools. Private

secondary schools, known as alternative schools, also fulfil the requirement of compulsory school attendance. Alternative schools may have a special focus or function, for instance as confessional schools, reform schools, boarding schools or international schools. Alternative schools require approval from the school authorities.

• The number of higher education institutions operating as independent agencies remains limited. The higher education system in Germany consists primarily of public higher education institutions of the Länder. Of the 350 higher education institutions approx. one-third is operated by independent agencies.

(22)

7. The judiciary

Judges are entrusted with judicial authority in accordance with Art. 92 of the Basic Law; this authority is exercised by the Federal Constitutional Court, by the Federal Courts provided for in the Basic Law and by the courts of the Länder.

Judicial power covers five separate branches of the court system: ordinary (civil and criminal) jurisdiction, administrative, financial, labour and social jurisdiction (Art. 95 (1) of the Basic Law). Added to these are the Constitutional Courts and special courts for certain professions (e.g. disciplinary tribunals for civil servants, judges and soldiers and those for lawyers and doctors). Courts-martial are only used for the armed forces abroad or on board ships of war and in wartime.

Jurisdictional sovereignty is distributed between the Federation and the Länder in such a way that in each branch of the court system the highest courts are federal courts, and all other courts (with few exceptions) are Land courts. The structure varies within the

branches of the court system, in most cases it is a three-tier structure.

Justice is administered by professional and honorary judges. The judges are independent in the exercise of their judicial office, and are subject only to the law (personal and factual independence, Art. 97 of the Basic Law).

Professional judges are appointed for life. Their appointment ends on retirement (apart from judges at the constitutional courts who are appointed for a specific term of office; at the Federal Constitutional Court the term of office is 12 years, ending upon mandatory retirement at the age of 68.

(23)

Judges and public prosecutors at federal and local level as per 30.06.2000

judges public prosecutors

Federation 500 50

Länder 21,500 5,350

Total 22,000 5,400

Source: Federal Statistical Office, series 14, vol. 6, 2000

Honorary judges act in criminal matters (as "lay judges") and at labour and social courts, as well as administrative courts of first instance; in civil jurisdiction only in the specific chambers for commercial matters. They have the same rights and duties in discussions and deliberations as professional judges. They are appointed for a specific term and may only be removed from office prematurely by judicial decision.

(24)

II. Modernising the Public Administration

The State and its administrative apparatus do not exist as ends in themselves. They exist to serve the citizens, who rightly demand that their tax money be spent wisely.That means: better services geared to the changed requirements of citizens and industry.

1. “Modern State - Modern Administration” (www.staat-modern.de)

In December 1999 the Federal Government launched the "Modern State - Modern Administration" programme. Business administration tools such as target agreements, cost-output accounting, controlling, budgeting, creativity management have helped

increase the capacity, efficiency and transparency of the federal administration's activities, as the statistics clearly prove.

By now 306 federal agencies are using cost-output accounting, which provides the

necessary transparency of outputs and costs. To be fully effective cost-output accounting must be used in conjunction with controlling in order to gain relevant management

information. While in 1998 only 25 agencies had set out to implement controlling concepts, today the number has risen to 215 agencies.

Another particularly effective means to enhance the public administration's operational efficiency is competition through benchmarking. Benchmarking is an appropriate tool to encourage competition and promote continuous improvement. Therefore, several inter-and intra-ministerial benchmarking rings have been established since summer 2000. Benchmarking has been applied to areas such as personnel management, information technology and bonus procedures. Experience gathered from projects carried out so far shows that benchmarking is the appropriate tool to increase the quality and efficiency of the public administration.

(25)

By 2002 more than 100 federal agencies were restructured. The number of agencies was reduced

significantly, by a total of 90. In 1998 there were still as many as 654 federal authorities, while in early 2002 this number had fallen to 562. At the same time the federal administration trimmed a significant number of jobs. On 1 January 2002 the federal administration employed 291,000 staff, compared to 310,000 on 1 January 1998. Hence there were 6,000 fewer jobs within the federal administration than before German reunification in 1989. In this way, the federal administration is making a significant contribution to the necessary budget consolidation.

With the "Modern State - Modern Administration" programme the Federal Government wants to extend the scope of action of the Länder and strengthen local self-government. In this context a project to transfer more responsibilities to the Länder has been launched. In a first step, federal framework legislation has been revoked in 26 cases, giving the Länder greater discretion in enforcing federal laws in certain areas. In a second step, an additional 183 proposals of the Conference of Minister-Presidents for changes in the rules regarding the discharge of state tasks were examined. Of these the Federal Government approved 107 proposals, in some cases under specific conditions; another 49 proposals have been or are now being taken into account in the framework of other projects. By early 2002, already 53 proposals had been implemented. The 183 proposals affected all key policy areas, such as financial, economic, environmental, social, agricultural, domestic, transport and housing policy. Now a Land can, for example, transfer local responsibility for the granting of social allowances to the municipalities, whereas the old federal framework legislation allowed such responsibility to be transferred only to counties and towns not belonging to a county. The same applies to setting up examiners' commissions for master craftmen's qualifying examinations; under the new framework legislation, responsibility no longer lies exclusively with the higher Land authorities. Where possible the Federation has not designated a specific Land authority at all, thus leaving it to the discretion of the

Länder to assign responsibilities and to organise their administration.

Human resources are the key to boosting efficiency and effectiveness in the public sector. The effectiveness of an organisation in the public sector directly depends upon the

effectiveness of its workforce. This requires targeted measures to enhance employees' ability and preparedness to carry out their tasks. The modernisation programme of the Federal Government has dedicated a specific and separate area of reforms just to "highly motivated staff".

(26)

So the reform process aims above all at providing effective staff development targeted at making the most of the performance and creativity potentials of public service staff. Today all federal ministries have developed their own concepts to this end. They all use a jointly agreed framework based on key elements such as an institutionalised dialogue between superiors and staff, appraisals of senior staff, and plans involving the allocation of staff to a post or role.

A modern administrative apparatus requires modern service regulations which encourage employees to take on responsibility and to render good performance. To this end the existing legal instruments must be constantly reviewed and adjusted, where necessary. Therefore the Federal Government's modernisation programme gives utmost priority to continuing the service regulations reform.

2. BundOnline 2005 (www.bundonline2005.de)

Efficient and effective administration is no longer conceivable without the use of

information technologies. In the past, hardware acquisition was the primary concern; with e-government the use of the new media has taken on a new quality and significance.

With the "BundOnline 2005" e-government initiative, the Federal Government has pledged to provide online all services of the federal administration that can be placed on the

Internet by 2005. The BundOnline 2005 programme is an important building block in the Federal Government's policy to turn Germany into an information society. BundOnline 2005 will provide citizens, the business community, the science and research sector and other administrative authorities with a simpler, faster and more economical means of using the federal administration's services.

Following a comprehensive review, the Federal Government adopted an interministerial implementation plan on 14 November 2001, covering the whole range of federal

administrative services.

Today, 21 services are fully available on the Internet already.

Here are a few examples: Already today it is possible to repay via the Internet grants received under the Federal Education Assistance Act. The 500,000 people who are

(27)

currently required to repay their scholarship grants can use the Internet to communicate with the responsible clerk, file applications for early repayment, partial or total waiver of payment or deferment of payment. Involving an overall repayment volume of € 0.6 billion annually, the Internet thus provides enormous potential savings of time and cost. Since 1 November 2000, approx. 12,000 online applications have been filed.

The electronic tax return form "ELSTER" was introduced by the Federation and the Länder to make the submitting and processing of tax returns more user-friendly and less time consuming through the use of modern communications technology. By early 2002 a total of 490,000 tax returns had been sent in electronically and more than 5.6 million

applications for tax statements had been filed electronically. Since February 2001, the tax offices have offered official, interactive tax forms that can be filled out and sent online, supported by a tax filing program to guide taxpayers through the process. This marks a further step on the way to fully electronic, paperless tax returns and paperless tax-assessment notices.

The services offered by the federal administration can be accessed centrally via the service portal of the Federal Government at www.bund.de. The Federal Minister of the Interior, Otto Schily, launched the portal at the CeBIT computer fair in March 2001. The service portal now includes more than 2,000 pages and more than 1,300 institutions and agencies of the Federation. A powerful search engine and a permanently updated

catalogue facilitate the systematic search for authorities' web sites, addresses, contacts, and special information. In the second development stage, the portal's focus will move beyond more information-oriented content towards genuine electronic administration services.

Modernisation is a major concern of both public and the federal administration, public service staff as well as elected officials and citizens. Progress in implementing the

government programme "Modern State - Modern Administration" is being documented at

www.staat-modern.de. Up-to-date information about the e-government initiative "BundOnline2005" is available at www.bund.de. Visitors can send e-mails directly to

experts working on individual projects or discuss issues on the reform agenda in forums or chat rooms. More than 10 million hits on these two pages since December 1999 offer proof that people are making use of this opportunity for dialogue.

(28)

III. The foundations of employment in the public service

Art. 33 Basic Law (Civic rights)

(1) Every German shall have in every Land the same civic rights and duties.

(2) Every German shall be equally eligible for any public office according to his aptitude, qualifications, and professional achievements.

(3) Neither the enjoyment of civil and political rights, nor eligibility for public office, nor rights acquired in the public service shall be dependent upon religious affiliation. No one may be disadvantaged by reason of adherence or non-adherence to a particular religious denomination or philosophical creed.

(4) The exercise of sovereign authority on a regular basis shall, as a rule, be entrusted to members of the public service who stand in a relationship of service and loyalty defined by public law.

(5) The law governing the public service shall be regulated with due regard to the traditional principles of the professional public service.

Public service staff (as per June 30, 2000)

civil servants, judges 1,616,000 ( 33%)

Professional and fixed-term military personnel

186,600 ( 4%)

salary earners 2,351,500 ( 49%)

wage earners 681,200 ( 14%)

Total 4,835,300 (100%)

(29)

1. Employment in the public service

In the Federal Republic of Germany, civil servants, judges and military personnel, as well as public employees (salary earners and wage earners in the public service) are employed to perform state tasks.

In accordance with Art. 33 (2) Basic Law every German shall be eligible for any public office according to his aptitude, qualifications, and professional achievements.

The exercise of State authority on a regular basis shall, as a rule, be entrusted to

members of the public service who stand in a relationship of service and loyalty governed by public law (Art. 33 (4) of the Basic Law), that is to civil servants. The rights and duties of civil servants are governed by federal law, which means that the parliament determines the rights and duties as well as the remuneration and pensions of civil servants. The service of judges and military personnel, like that of civil servants, is governed by public law.

In contrast, public employees are employed on the basis of a contract under private law. General labour law applies to them - as to all employees in Germany. Specific working conditions, however, are set out in collective agreements negotiated between the public employers (Federation/the Länder/local authorities) and the responsible trade and labour unions.

(30)

Members of the Federal Government, i.e. the Federal Chancellor and the federal ministers are not civil servants; their office is governed by public law and aimed at exercising governmental functions. Having said that, this office under public law has developed from the basis of employment as a civil servant and is governed by law, specifically the Act governing Federal Ministers. As office-holders who directly report to the parliament the federal ministers manage their departments independently and on their own responsibility in the framework of the general policy determined by the Federal Chancellor. They are not bound by

instructions in individual cases and are not subject to any disciplinary power. Similar arrangements exist in the Länder for members of the Land governments.

Depending on the size of their departments, the Cabinet members are assigned one or two parliamentary state secretaries who hold the title "Minister of State" at the Federal Chancellory and the Federal Foreign Office. Generally they must be members of parliament. Only direct assistants to the Federal Chancellor may assume this function even if they are not members of parliament. They represent and support the federal minister in fulfilling political and technical tasks, in particular in the plenary and in the committees of the German Bundestag, in the Federal Cabinet and in public. The office of Parliamentary State Secretary is also governed by public law.

For information about remuneration and pensions of parliamentary state secretaries and of members of the Federal Government see:

Distinction between civil servants and public employees

According to Art. 33 (4) of the Basic Law the exercise of state authority as a permanent function shall as a rule be entrusted to civil servants (reservation of function).Today this is generally no longer understood as being limited to what was known in the past as

authoritarian administration. The public service is intended to guarantee sound

administration based on expertise, professional ability and the loyal fulfilment of duties, and to ensure that essential tasks are continuously carried out in the public's interest. Therefore it is mainly civil servants who are employed in core areas of traditional administration, above all in supervisory positions and in areas involving the exercise of state authority. But civil servants are also employed in many areas of benefits

administration, and most teachers are civil servants, too. In contrast, public employees are employed in health and social services and in technical professions.

Since the relation between rule and exception is defined in the Basic Law, the domains of civil servants and public employees are delimited in general terms, which leave some

(31)

room to manoeuvre in individual cases. Accordingly, the functional distinction between civil servants and public employees may be less clearly marked.

The position of public employees is both secure and of equal status with that of civil

servants. This is reflected by the fact that the legal status of civil servants on the one hand and public employees on the other have converged in many aspects.

At the same time, substantial differences remain between the two status groups, in addition to the reservation of function defined by Art. 33 (4) of the Basic Law: notably, the fact that the duties of civil servants which are at the core of their special relationship of loyalty apply to all civil servants in the same way, whereas the duties of public employees are dependent upon their function. In addition to the ban on strikes for civil servants, this regulation is to ensure that core tasks of public administration are fulfilled reliably and in the interest of citizens.

Staffing trends

The number of public service staff on the territory of the former West Germany grew significantly until the beginning of the 1990s. The reunification of Germany naturally resulted in a considerable increase from 3 October 1990 onwards. Since 1991, however, the number of staff has declined continuously.

The following figures refer to the public service at federal, Länder, and local level and to the indirect public service. The staff employed by the German railways and the postal services are not included because privatisation of these areas makes comparison impossible. Until 1990, the figures refer to the territory of the former West Germany. The increase in the numbers of staff up to 1990 was due in particular to the expansion in the area of schools and higher education, but also in the social services and the police. In the ensuing period - after the increase in the number of staff caused by incorporating the public service of the former GDR - tight budgets and the modernisation of the federal and local administrations led to a decrease in staff numbers. This reduction particularly

affected the new Länder , which had to adapt the administrative structures. The

privatisation of local authority services had a similar effect; in addition the federal public service was affected by job cuts in the armed forces (military and civilian personnel). This development includes a greater reduction in the number of public service jobs, while the number of part-time staff has increased.

(32)

1960 1970 1980 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 Year Staff number in 1,000s Federal Republic of Germany of whom: women of whom:

on the territory of the former West Germany on the territory of the former East Germany of whom:

civil servants, judges salary earners wage earners professional and fixed-term military staff of whom: full-time staff part-time staff 2,252 720 772 610 150 2,108 143 3,008 954 1,113 710 232 2,691 318 3,814 1,277 1,527 773 237 3,275 539 4,133 1,382 1,728 779 244 3,362 771 5,600 2,788 4,171 1,429 1,390 2,822 1,131 257 4,677 924 5,582 2,813 4,197 1,385 1,458 2,774 1,104 246 4,635 947 5,448 2,749 4,195 1,253 1,511 2,708 998 231 4,450 998 5,361 2,714 4,174 1,187 1,556 2,647 945 213 4,304 1,057 5,251 2,670 4,113 1,139 1,587 2,585 884 194 4,185 1,066 5,165 2,632 4,064 1,101 1,607 2,535 832 191 4,098 1,067 5,062 2,576 4,010 1,052 1,624 2,470 776 192 3,985 1,077 4,977 2,539 3,956 1,022 1,619 2,425 741 191 3,863 1,114 4,891 2,501 3,902 989 1,619 2,374 708 190 3,729 1,162 4,835 2,487 3,865 970 1,616 2,352 681 187 3,626 1,209

Source: Federal Statistical Office, series 14, vol. 6, 2000

Total public service staff in Germany (in 1000) (figures for 1960-1991 refer to former West Germany)

5 600 5 582 5 448 5 361 5 251 5 165 5 062 4 977 4 891 2 252 3 008 3 814 4 133 4835 1960 1970 1980 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000

Staffing trends since 1991

0 1000 2000 3000 4000 5000 6000 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000

total staff full-time staff women part-time staff number in 1000

(33)

Equal treatment of women and men in the public service

"Gender Mainstreaming" (www.gender-mainstreaming.net)

Germany has well-developed institutional and legal instruments to guarantee the equal treatment of women and men. Art. 3 (2) of the Basic Law stipulates that the state shall promote the actual implementation of equal rights of women and men and take steps to eliminate existing disadvantages.

The following diagrams illustrate the proportion of women in the public service in Germany. In order to achieve the socio-political aim to increase women's participation in decision-making, there is need for further action, particularly to increase the number of women in supervisory positions.

The public service employed a total of 4,835,300 staff in 2000 (4,648,700 excluding

military personnel), of whom 2,486,700, or 51.4%, were women. The proportion of women in the different groups of public service staff differs; in the group of civil servants and judges they make up 39%, in the group of salary earners 68%, in the group of wage earners 37%, and in the case of professional and fixed-term military personnel 2.1%.

Source: Federal Statistical Office, series 14, vol. 6, 2000

0 10 20 30 40 50 60 70

Civil servants, judges Salary earners Wage earners Military personnel Total

(34)

With its Cabinet decision of June 1999, the Federal Government acknowledged the equal treatment of women and men as an overall guiding principle and agreed to promote this effort known as "Gender Mainstreaming" in all federal ministries and agencies. Therefore, the Joint Rules of Procedure of the Federal Ministries contain the obligation for all federal ministries to comply with this principle in all political, legislative and administrative

activities.

Gender Mainstreaming is an internationally recognised term for taking into account the gender

perspective in all decision-making processes. According to the principle of gender mainstreaming, men's and women's different cultural-historical positions in society and the resulting consequences must be recognised and taken into account. Just as the cost factor, for example, has to be considered when deciding upon publicly funded measures, the impacts of socio-cultural gender roles must be taken into account. It is crucial to note that apparently neutral measures affect women and men in different ways. Gender mainstreaming reveals socially conditioned gender roles and the different realities of the lives of women and men. The degree to which the gender perspective is taken account of is a major criterion for assessing the appropriateness and quality of a specific measure.

But gender mainstreaming is more than just a political appeal. When the Amsterdam Treaty went into force on 1 May 1999, it made the implementation of gender mainstreaming legally binding upon the member states of the European Union. Art. 2 and Art. 3 of the Treaty establishing the European

Community (TEC) oblige all member states to pursue an active and integrated policy aimed at achieving equality between men and women in the sense of gender mainstreaming.

Gender mainstreaming does not replace the advancement of women.

It should rather be seen as a means that adds to specific measures for achieving equal rights and treatment of men and women.

The Law on the Enforcement of Equality between Men and Women of 30 November 2001, aims at actually implementing equality in all public service areas. This law, which also applies to the federal courts, replaces the Law on the Advancement of Women which was adopted in the framework of the Second Law Ensuring Equal Rights for Women of 1994. It contains the obligation to appoint a commissioner on women's affairs who is to be elected by secret vote by the female staff. She has the task of promoting and monitoring the implementation of the Law on Equality between Men and Women and all relevant related measures taken by the employer.

(35)

In order to actually enforce equality between men and women the law provides that women who are equally suitable, qualified and capable as men shall be given preferential treatment in areas where they are underrepresented. This applies to training, recruitment, employment and promotion. With regard to indirect discrimination, the law expressly prohibits conducting selection processes or application interviews in a way that puts women at a competitive disadvantage. The Länder have adopted similar rules for their administrations.

These measures have substantially increased equality between men and women, and the state in its capacity as employer is fulfilling its obligation to act as a role model in this respect.

2. Eligibility for the public service

Eligibility for the German public service is governed by the Basic Law: In accordance with the criteria of aptitude, qualifications and professional achievements, every German is equally eligible for the public service. This applies in the same way to permanent employment of civil servants or public employees. The principle of merit as defined by constitutional law means that:

• in order to become a civil servant, the applicant must possess the necessary qualification for his/her desired career path.

• in order to become a public employee, the applicant must possess the qualification required for the specific function.

This also applies to job applicants from other Member States of the EU. In accordance with the Community rules on the freedom of movement, if applicants are suitable and qualified, they are equally eligible for the German public service, with the exception of those positions which are reserved for German nationals.

(36)

For appointment as civil servants nationals of Member States of the European Union are considered to have the same status as Germans within the meaning of Art. 116 of the Basic Law. As an exception to this basic rule, only Germans are eligible for positions requiring the exercise of public functions which, because of their specific content, must be performed by Germans only. In individual cases, i.e. in relation to the function in question, a decision must be taken as to whether it is necessary for the function to be performed by German nationals. The Federation and the Länder have agreed on recommendations for the application of the law in relation to functions reserved for Germans permitting employment of nationals of other Member States of the EU reaching far into areas which, in accordance with rulings of the European Court of Justice, could be reserved for Germans.

The eligibility requirements to be adhered to in hiring civil servants are largely the same for all areas of the administration. In addition to the general requirements, such as loyalty to the Basic Law and personal integrity, civil servants must also have the necessary training and educational qualifications for the individual classes of service and subject areas.

Such a system of service classes or formal preconditions for eligibility do not exist in the law on public service employees. Applicants are generally employed on the basis of their individual knowledge and abilities alone. Suitability for the specific job is decisive.

Recruitment to the public service is also generally conditional on a vacancy announcement so that the right of equal access to public offices is guaranteed.

Suitable candidates for the announced vacancy are chosen by means of a selection process. The German public service has no central recruitment competitions, however. Each authority is responsible for conducting its own recruitment and hiring, i.e. there are no generally binding rules for the form of the selection procedure. Added to this is the fact that, in the federal administration, each federal ministry is itself responsible for staffing. Each ministry is therefore responsible for selecting and hiring new staff and may establish independently how applicants are to be selected. This responsibility for human resource matters derives from the ministerial principle, according to which each federal minister manages the business of his/her department independently and on his/her own

responsibility.

Recruitment to the public service is on principle conditional on the existence of a vacancy. The parliaments at federal, local and regional level have the right to decide, within the

(37)

framework of their budgetary authority, on the number and distribution of public service posts. In accordance with budgetary law, human resources are not managed according to the available funds, but according to established posts. On principle, the budgetary

authority must approve each post before someone can be hired into that post.

This highly specific budgetary procedure in the personnel area arose from the special status enjoyed by civil servants under German public service law. The basic impossibility of dismissal and the public employers' duty to provide maintenance, through to pensions for civil servants and their dependants, give rise to payment obligations which typically last for decades. The recruitment of a civil servant therefore has a considerable financial impact. Establishing a post creates the necessary authorization to spend money over the entire period of employment. This procedure applies to salary earners accordingly, since they are, as a rule, also permanent employees, and the parliament is able to control staff numbers and their composition by managing the number and distribution of posts.

This rather inflexible system has been improved in the course of modernising the federal budget law. Starting with the budget for the fiscal year 2001, exceptions may be made in the case of pilot projects. Known as the experimentation clause, this measure is intended to establish the budget principle as a priority also in human resource management. According to this principle, the law will only define a staffing framework within which the individual authority can pursue a flexible human resource policy in its own responsibility and according to its financial means.

3. Foundations of the employment of civil servants

History

The roots of the German public service date back to the 18th century when the servants of the princes became servants of the state. Although the personal attachment to the

monarch or ruler was not dissolved, such service was now directly linked with the well-being of the state. This expanded obligation to serve the common good and the idea of an objective legal order as regards the monarch, and also later as regards the political

parties, the parliament and the government, contributed at an early date to the public service's particular self-image and professional role model. The accompanying process of

(38)

professionalising the administration in the early 19th century provided the foundation for the modern public service.

After the end of the monarchy, the Weimar Constitution of 1919 ensured the non-partisan public service and the civil rights of civil servants in its Art. 130: "Civil servants shall be servants of society, not of a party. All civil servants shall be guaranteed the freedom of political opinion and freedom of association". It was these rights and freedoms in particular which were disregarded by the Nazi regime between 1933 and 1945. The Basic Law of 1949 re-established the foundations of the professional public service, particularly by reserving for civil servants the right to exercise sovereign authority (Art. 33 (4)) and by observing the traditional principles of the professional public service (Art. 33 ( 5)).

Legal basis

The power to legislate for the public service lies primarily with the Federation.

The Federation is responsible for regulating the legal status of civil servants, judges and military personnel in the service of the Federation and the direct federal bodies under public law. In addition it may also issue framework regulations governing the legal status of all other civil servants and judges. These framework regulations contain guidelines for legislation by the Länder, and must be specified and implemented by the respective Land parliaments in order to have the force of law for civil servants and judges in the service of legal entities under public law under their supervision (in particular the local authorities). Not least because of these framework provisions, civil servants' employment is largely the same in the Federation and in all Länder, although there are some 16 statutes relating to civil servants and Land judges, in addition to the Act on Federal Civil Servants

(Bundesbeamtengesetz), the Act Defining the Scope of Civil Servants' Rights and Duties (Beamtenrechtsrahmengesetz) and the German Judiciary Act (Deutsches Richtergesetz).

Most importantly, the Federation has the power to legislate on matters regarding remuneration and pensions. This is why the Civil Servants' Remuneration Act (Bundesbesoldungsgesetz) and the Act Governing Civil Servants' Pensions and Allowances (Beamtenversorgungsgesetz) also apply directly (not only as framework regulations) to civil servants employed by the Länder and local authorities. Provisions which apply nation-wide generally require approval by the Bundesrat (upper house of parliament).

(39)

The Federal Government has to consult with the umbrella organisations of the trade and labour unions and professional associations of civil servants and judges when preparing provisions relating to civil servants and judges. As a certain compensation for the lack of power to negotiate collective agreements, this right of participation of these organisations goes beyond a mere right to be heard. It gives the trade and labour unions the opportunity to take an active part in the preparatory phase of statutes, ordinances, administrative regulations and directives by means of comments and proposals of their own. If the proposals are not taken into consideration, in the case of statutes and ordinances the umbrella organisations' counterproposals are listed in a supplement to the draft regulation, and thus brought to the attention of the legislator. The decision as to the final content of the regulation however is always the prerogative of the legislator.

The umbrella organisations at the federal level are the German Civil Servants Association (DBB), the German Trade and Labour Unions Federation (DGB), the German Judges Association (Deutscher Richterbund e.V.), the Federation of German Administrative Judges (BDVR) and the Christian Trade and Labour Unions Association (CGB); for regulations relating to military personnel the German Federal Armed Forces Association (Deutscher Bundeswehr Verband).

In some cases, other trade unions of civil servants, in particular the police unions, are involved as umbrella organisations in the Länder.

Types of public service employment

Civil servants have a special relationship of service and loyalty governed by public law. Because of Germany's federal structure, the local and regional authorities, i.e. the Federation, the Länder and the municipalities, are the public employers. In addition, civil servants may also work for public law corporations, institutions or foundations under state supervision.

The civil servant with life tenure represents the standard type of civil servant. There are also civil servants with a set tenure if the function is assigned only for a limited period of time. Civil servants who have not completed their training are employed with the revocable status of "civil servant in preparatory service"; at the beginning of their employment civil servants are employed on probation.

Figure

Updating...

References

Updating...

Related subjects :