Civil Service Status Act
| Basic data | |
|---|---|
| Title: | Law regulating the status of civil servants in the federal states |
| Short title: | Civil Service Status Act |
| Abbreviation: | BeamtStG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Administrative law |
| References : | 2030-1-9 |
| Issued on: | June 17, 2008 ( BGBl. I p. 1010 ) |
| Entry into force on: | April 1, 2009 |
| Last change by: |
Art. 10 G of November 20, 2019 ( Federal Law Gazette I p. 1626, 1632 ) |
| Effective date of the last change: |
November 26, 2019 (Art. 155 G of November 20, 2019) |
| GESTA : | B030 |
| Please note the note on the applicable legal version. | |
The Civil Service Status Act is a German federal law regulating the civil service status of civil servants in the federal states and municipalities . On April 1, 2009, it largely replaced the previous civil service law framework law (BRRG) (exception: Chapter II and Section 135 BRRG). While the latter made very far-reaching and specific requirements for the state legislation with regard to the legal status of the civil servants mentioned, the Civil Servant Status Act is limited to the regulation of the federalism reform (new regulation in Art. 74 (1) No. 27 GG) in accordance with the changed legislative competence due to the federalism reform so-called status rights and obligations of civil servants within the meaning of Art. 33 GG. This includes, in particular, the basic structure of the civil servant relationship as such (Section 33 ff BeamtStG) and the rules for transnational changeover and change to the federal administration ( Section 13 ff BeamtStG, i.e. not: the change within the state or between state and municipal administration ).
Unlike the previous BRRG, the Civil Service Status Act applies directly and does not need to be implemented by state law. The aim of the law is to define the basic civil service structures to ensure the necessary uniformity of service law, in particular to ensure the mobility of civil servants when the employer changes.
Law that was enacted as federal law but could no longer be enacted as federal law due to the repeal of Art. 75 GG ( framework legislation ) after the federalism reform continues to apply as federal law in accordance with Art. 125a of the Basic Law. Based on the new competing legislative competence, the Civil Service Status Act replaces the BRRG enacted under Article 75 of the Basic Law. Therefore, the Civil Service Framework Act was largely repealed when the Civil Service Status Act came into force. Chapter II and Section 135 BRRG remain in place for the time being ( Section 63 (2) Civil Service Status Act). These provisions concern the uniform and directly applicable provisions of the BRRG, which are already largely but not yet fully contained in the Civil Service Status Act for the federal states and continue to apply for the federal government until the Federal Civil Service Act is amended and for the federal states until their own regulations are issued. This also applies to § 135 BRRG for religious societies under public law , since a corresponding regulation is no longer contained in the Civil Service Status Act.
The aim of the Civil Service Status Act is to standardize and modernize the basic legal status structures in order to guarantee mobility, especially when changing employers . This includes:
- Nature, prerequisites, legal form of the justification, types, duration and reasons for nullity and withdrawal of the civil servant relationship,
- Secondments and transfers of civil servants between the federal states and between the federal government and the federal states, assignment of an activity to other institutions and transnational restructuring of corporations,
- Conditions and forms of termination of the civil service relationship,
- status-defining duties of civil servants and consequences of non-fulfillment,
- essential rights of civil servants,
- Determination of the employer's ability ,
- Case of tension and defense and
- Uses abroad.
literature
- Bettina Auerbach: The Civil Service Status Act in Practice. In: Journal for Civil Service Law (ZBR). 2009, ISSN 0514-2571 , pp. 217-222.
- Bettina Auerbach, Alexandra Pietsch: Civil Service Status Act. Short comment for practice. Luchterhand, Cologne 2009, ISBN 978-3-472-07467-0 .
- Maximilian Baßlsperger: The new civil service status law. In: The staff representation. Vol. 51, 2008, ISSN 0476-3475 , pp. 404-414.
- Andreas Reich: Civil Service Status Act. Comment. = BeamtStG. CH Beck, Munich 2009, ISBN 978-3-406-58648-4 .
