Federal Personnel Committee

from Wikipedia, the free encyclopedia

The Federal Personnel Committee ( BPersA ) serves in Germany for the uniform handling of exceptional regulations for civil servants ( Section 119 (1 ) sentence 1 BBG ). Further tasks can be assigned to him ( Section 119 Paragraph 1 Sentence 2 BBG ). This includes the uniform handling of exceptions under military law (e.g. according to § 22 and § 45 SLV ). He carries out his work independently and on his own responsibility ( Section 119 (2 ) BBG ).

Exceptions

The exception provisions that the Federal Personnel Committee has to decide on include, for example, the recognition of career qualifications in accordance with 8 (2) FSVO if the required qualification has been acquired through life and work experience. It can delegate recognition to an independent committee determined by it. Furthermore, the Federal Personnel Committee determines the subject-specific qualification according to 8 FSVO .

Members and their legal status

The Federal Personnel Committee consists of eight full and eight deputy members ( Section 120 (1) BBG ). Permanent full members are the President of the Federal Audit Office (BRH) as chairman and the head of the service law department of the Federal Ministry of the Interior, for Building and Home Affairs (BMI; § 120 Paragraph 2 Sentence 1 BBG ). Temporary full members are the heads of the central departments of two other supreme federal authorities and four other federal officials ( Section 120 (2) sentence 2 BBG ). Deputy members are one civil servant of the BRH and one of the Federal Ministry of the Interior and the heads of the central departments of two other highest federal authorities as well as four other civil servants of the federal government ( § 120 Abs. 2 S. 3 BBG ).

The temporary full members and the deputy members are appointed by the Federal President at the suggestion of the Federal Ministry of the Interior for a period of four years, four of which are full and four deputy members based on nominations by the central organizations of the responsible trade unions ( Section 120 (3 ) BBG ).

The Federal Ministry of the Interior is responsible for supervising the members of the Federal Personnel Committee on behalf of the Federal Government with the following provisions: The members of the Federal Personnel Committee are independent and are only subject to the law. They may not be reprimanded or discriminated against because of their work. They leave their office as a member of the Federal Personnel Committee due to the passage of time, by leaving the main office or from the authority that is relevant for their membership, by termination of the civil service relationship or under the same conditions as members of a chamber or a senate for disciplinary matters lose their office because of a final decision in criminal or disciplinary proceedings ( Section 121 BBG ).

Office and rules of procedure

The Federal Personnel Committee is to carry out his functions by an office in BMI supported ( § 120 para. 4 BBG ). It gives itself rules of procedure ( § 122 BBG ).

Meetings and resolutions

The meetings of the Federal Personnel Committee are not public. The chairman or the deputy chairman chairs the meetings. If both are prevented, the most senior member takes their place. Resolutions are passed with a majority of votes. The presence of at least six members is required for a quorum. 3If the votes are tied, the vote of the chairman decides. Resolutions of the Federal Personnel Committee are to be announced if they are of general importance. The type and scope are regulated by the rules of procedure. The announcement is made in the Joint Ministerial Gazette . Insofar as the Federal Personnel Committee has been granted decision-making authority, its resolutions are binding on the administrations involved ( Section 123 BBG ).

Gathering of evidence, information and administrative assistance

The Federal Personnel Committee can collect evidence to carry out its tasks in accordance with the provisions of the Administrative Court Code . The administrations involved must provide him with information on request and submit files insofar as this is necessary for the performance of his tasks. All departments have to provide administrative assistance to the Federal Personnel Committee free of charge ( Section 124 BBG ).

literature

  • Bernt Lemhöfer, Sabine Leppek: The career right of federal civil servants. Commentary on the Federal Career Path Ordinance (FSVO) along with career-related provisions of the Federal Civil Service Act and other federal laws, important administrative guidelines and resolutions of the Federal Personnel Committee . 43rd edition. Rehm-Verlag , Munich, Münster 2018, ISBN 978-3-8073-0291-1 .

Web links

Individual evidence

  1. ↑ Rules of Procedure of the Federal Personnel Committee. In: http://www.verwaltungsrechte-im-internet.de/ . Federal Personnel Committee, June 1, 2015, accessed on October 7, 2019 (GMBl 2015, p. 582).