Public office
A public office ( old high German ambath ; middle high German ambathe , Gallic ambactus ) is a service that is exercised by persons within the executive and judicial branches .
This service is awarded either by election of the legislature or by direct election of the eligible population or by the management of the ministries. Different schools of thought see a separation of office and mandate as desirable. German federal judges are elected by the German Bundestag and the Bundesrat . District judges and teachers are z. B. appointed by the relevant ministry.
Officials take an oath of office or a vow and sometimes wear an official costume (e.g. robe or gown ), uniforms and / or symbols (e.g. chain of office) and can wear seals. The official thus pretends to be the holder of this public office. Nowadays, however, this only applies to particularly prominent public offices.
A public office can be a paid position or an unpaid honorary position .
According to Article 33, Paragraph 2 of the German Basic Law (GG), all Germans have the same entitlement to admission to a public office in terms of suitability, qualifications and professional performance. The religiously or politically bound award of public offices is also in need of justification before Article 3, Paragraph 3, Clause 1 of the Basic Law and other similar special equality clauses and is therefore only permitted in exceptional cases.
The office holders ( civil servants or judges ) are bound by law and statute ( Art. 20 GG), the violation or abuse of which can be prosecuted under disciplinary or criminal law. (See also under state liability .)
See also
literature
- Eike Frenzel: The public-law office relationship and the law of the public service ; ZBR 2008, 243
Individual evidence
- ↑ Christian Jasper: Religiously and politically bound public offices . 1st edition. Duncker & Humblot, ISBN 978-3-428-14436-5 .