Compulsory service
Duties in Germany have people in a public service relationship ( civil servants , soldiers , judges ) towards their employer . These are to be distinguished from the official duties that apply to the exercise of the office , for example towards the citizen. The violation of official duties can be punished as a violation of official duties under disciplinary law. For federal civil servants , the official duties are regulated in the Federal Civil Servants Act (BBG), for soldiers in the Bundeswehr in the Soldiers Act (SG). For state and municipal civil servants, there are regulations in the Civil Service Status Act (BeamtStG) and in the State Civil Service Act . A breach of duty in connection with the acceptance of benefits fulfills i. d. R. the criminal offense of bribery ( § 332 StGB).
Federal officials
The general duties and rights of federal civil servants are regulated in Sections 60 to 86 BBG.
Officials serve the whole people, not a party. They have to carry out their duties impartially and fairly and to take the common good into account in their administration . Through their entire behavior, they must acknowledge the free democratic basic order in the sense of the Basic Law and advocate its preservation. When engaging in politics, they must maintain moderation and restraint ( § 60 BBG). Civil servants have to dedicate themselves to their profession with full personal commitment. They have to exercise the office assigned to them selflessly to the best of their conscience. Their behavior inside and outside the service must do justice to the respect and trust that their profession requires ( Section 61 (1) BBG). Civil servants are obliged to take part in professional qualification measures ( Section 61 (2) BBG).
The official has to advise and support his superiors . He is responsible for carrying out the tasks assigned to him ( Section 62 BBG). Officials bear full personal responsibility for the legality of their official acts. The duty of remonstration obliges you to immediately raise concerns about the legality of official orders with your immediate superior ( Section 63 BBG).
Officials have to take the following oath of service: "I swear to uphold the Basic Law and all laws applicable in the Federal Republic of Germany and to fulfill my official duties conscientiously, so help me God." The oath can also be used without the words "so help me God." "( § 64 BBG).
The civil servant is obliged to maintain silence about all facts and matters of which he learns in the exercise of his office. He may not present such facts in court without the consent of the employer ( Section 67 BBG). Civil servants may not accept any discounts or gifts from third parties without the consent of the employer ( Section 71 BBG). The civil servant must not live so far away from the place of employment that it is difficult for him to carry out his activity ( Section 72 BBG). A civil servant can be called upon to pay damages that the community has suffered through serious negligence ( Section 75 BBG).
Civil servants are obliged to take on a secondary activity in the public service at the request of their service authority, provided that this activity corresponds to their previous education or professional training and does not make excessive use of it ( Section 98 BBG). In principle, they require prior approval in order to carry out any paid secondary activity. Unpaid secondary employment may also require approval ( Section 99 BBG).
