fitness
In addition to qualifications and professional performance, suitability is an element of the selection of the best in the public service in Germany . The basis is Article 33, Paragraph 2 of the Basic Law (GG), according to which every German has equal access to every public office according to his or her suitability, qualifications and professional performance .
Officer
Suitability particularly includes personality and character traits that are important for a specific position . ( Section 2, Paragraph 3 of the Federal Career Ordinance (FSVO)) According to the judicial interpretation, suitability includes physical (health), mental and personal suitability. This includes constitutional and developmental personality traits, such as talent, physical and psychological strength, emotional and intellectual ability in general.
Suitability is a selection criterion for filling civil servant positions. ( Section 9 of the Federal Civil Service Act (BBG)) Successful participation in a selection process is a prerequisite for employment in a preparatory service , in which the suitability and ability of the applicant is determined. ( Section 10a (1) FSVO) The essential requirements for suitability and qualifications are laid down in a statutory ordinance . ( Section 10a (8) FSVO) Civil servants can be promoted if they have been selected based on suitability, qualifications and professional performance. ( Section 32 No. 1 FSVO)
In addition to qualifications and professional performance, aptitude is a criterion according to which civil servants are to be regularly assessed . ( Section 21 BBG) The assessment must be carried out at least every three years, or if the professional or personal circumstances require it. ( Section 48 (1) FSVO) The assessment can contain a statement about the suitability for tasks in the next higher career . ( Section 49 (2) FSVO) All career-related decisions are to be made based on suitability, qualifications and professional performance. ( § 3 BLV) Determinations of suitability, qualifications and professional performance are generally to be made on the basis of current official assessments. ( Section 33, Paragraph 1, Clause 1 of the FSVO) Aptitude diagnostic instruments can be used to check the fulfillment of requirements for which the official assessments do not provide any information. ( Section 33, Paragraph 1, Clause 3 of the FSVO) If the suitability cannot be determined in a trial period following the promotion , the permanent transfer of the post must be refrained from or the transfer revoked. ( Section 34, Paragraph 3 of the FSVO) Probationary officials have fully proven themselves during the probationary period if they can meet the changing requirements of their career in terms of suitability, qualifications and professional performance. ( Section 28 (2) FSVO)
Before the establishment of a civil servant relationship or the conversion to another type of civil servant status (e.g. from revoked civil servant to probationary civil servant, from probationary civil servant to permanent civil servant), the health suitability is usually determined by an official medical report. The aim is to predict whether the civil servant is likely to be able to work in the long term or whether he will become unable to work prematurely . It can only be assumed that the person is unsuitable for health if actual evidence justifies the assumption that there is an overwhelming probability of incapacity to work or more frequent illnesses before the statutory age limit is reached. Personnel administration only learns from the medical officer whether there is a health suitability or not, but no medical details. Due to the special features of the service, there are correspondingly higher health requirements for employment in the police force, as well as in the area of the fire brigade . Severely disabled people may only be required to have the minimum level of physical fitness. ( Section 5 (1) FSVO)
In order to determine the suitability of character, a certificate of good conduct is requested or an unrestricted inspection of the Federal Central Register is taken before being appointed to a civil service. Character aptitude for civil servants also includes performing their duties impartially and fairly, carrying out their office for the good of the general public , through their entire behavior to profess the free democratic basic order within the meaning of the Basic Law and to advocate its preservation. These official duties, called basic duties, also include maintaining the moderation and restraint in political activity that result from their position vis-à-vis the general public and from consideration for the duties of their office. ( § 60 BBG)
For activities in security-sensitive areas, suitability can depend on the failure to identify a security risk in the context of a security review in accordance with the Security Review Act .
soldiers
For soldiers in the Bundeswehr , suitability is an appointment and employment criterion. ( Section 3 (1) Soldiers Act (SG)) In the case of soldiers, physical suitability is more important than civil servants (exceptions include police officers and fire service officers ), which results from the particularities of military service.
Only those who have the character, mental and physical aptitude required to perform their duties as a soldier may be appointed to the service of a professional soldier or a temporary soldier. ( Section 37, Paragraph 1, No. 3 SG) The suitability for health is determined by military medical means before being appointed to military service , as well as on a case-by-case basis (e.g. before commencing flying or driving, before demanding courses such as the lone fighter course and before assignments abroad ). Since 2019, the health suitability of the Bundeswehr soldiers has been assessed every three years in the so-called "General fitness test - individual basic skills".
For people whose first appointment as a professional or temporary soldier is intended, a simple security check (so-called "Ü1") according to the Security Check Act must be carried out in order to determine their suitability for safety. ( Section 37 (3) SG)
Soldiers are to be assessed at regular intervals and when the business or personal circumstances require it, according to their suitability, ability and performance. ( Section 2, Paragraph 1, Clause 1 of the Soldiers' Career Ordinance (SLV))
A soldier on a temporary basis can be dismissed in the first four years of his service if he no longer meets the requirements that must be placed on him in his career , in particular due to unsuitable character. Bundeswehr candidates should be dismissed if they are not suitable for the job for which they are being trained, e.g. B. if an officer candidate is foreseeable not suitable for an officer . ( Section 55 (4) SG) The dismissal in the first four years can be seen as the equivalent of the simplified dismissal of civil servants on revocation and civil servants on probation , because the soldiers' law does not make a comparable distinction.
As a professional soldier, a lieutenant can, in exceptional cases, be dismissed by the end of the third year of service as an officer, at the latest before the end of the tenth year of total service in the Bundeswehr, due to insufficient qualification as a career officer. ( Section 46 (8) SG)
An applicant who has acquired the military aptitude required for a higher rank through life and professional experience outside the Bundeswehr can be appointed as a professional soldier or soldier after completing an aptitude exercise . ( § 87 SG)
See also
literature
- Werner Nokiel: Meaning and scope of the term suitability in Article 33, Paragraph 2 of the Basic Law in the law of federal civil servants . In: The Public Service (DÖD) . 2017, p. 301 ff .
Web links
- Michael Bertling: Concept of suitability in civil service law. In: https://www.michaelbertling.de/ . Retrieved August 24, 2019 .
Individual evidence
- ↑ aptitude. In: https://www.dbb.de/ . dbb beamtenbund and tarifunion, accessed on August 24, 2019 .
- ↑ Maximilian Baßlsperger: Extension of probationary period and suitability for health - At the same time, comment on the judgment of the VGH Mannheim of January 21, 2016 - 4 S 1082/14 . In: Journal for Civil Service Law . No. 11 , 2016, p. 371 ff .
- ↑ PIZSanDstBw: General Usability Investigation - Individual Basic Skills. In: https://www.sanitaetsdienst-bundeswehr.de/ . Central Medical Service of the Bundeswehr , January 21, 2019, accessed on August 24, 2019 .