Office relationship

The public service relationship in Germany is to be distinguished from the employment relationship in the public service ( civil servants , soldiers , judges ) and is used as a generic term for the special legal status of constitutional bodies and their members (such as the Federal President , members of the Federal Government ( § 1 BMinG ) or a State government , judges of the Federal Constitutional Court , members of the Bundestag and the state parliaments ) as well as for other "public-law office relationships of a different order". These include:

• the federal parliamentary state secretaries ( Section 1 (3 ) ParlStG )
• the Defense Commissioner of the German Bundestag ( Section 15 (1) sentence 1 WBeauftrG ),
• the Federal Commissioner for Data Protection and Freedom of Information ( Section 12 (1) BDSG ),
• the federal commissioner as the head of the Stasi records authority ( Section 35 (5) sentence 1 StUG ),
• the members of the board of directors of the Deutsche Bundesbank ( Section 7 (4) sentence 1 BBankG ),
• the members of the board of directors of the Federal Employment Agency ( Section 382 (2) sentence 1 SGB ​​III ),
• the head of the Federal Anti-Discrimination Agency ( Section 26 (1) sentence 2 AGG ).
• the helpers of the Federal Agency for Technical Relief ( Section 1 Paragraph 3 Sentence 2 THWG ).

Official relationships are often subject to special regulations that give them privileges in particular over civil servants.

Public officials in a public office receive official remuneration , are considered to be employed in the public service within the meaning of the Civil Service Pension Act and receive “income from use”.

There are also officials under European law, for example as members of the European Court of Auditors .

literature

• Eike Michael Frenzel: The public service relationship and the law of the public service - farewell to the principle . In: Journal for Civil Service Law . 2008, p. 243 ff .

Individual evidence

1. ↑ ^{a b c d} Judgment - BVerwG 2 C 39.09. Federal Administrative Court , April 28, 2011, accessed on September 23, 2019 .