appointment

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Certificate of appointment of the Federal Republic of Germany

An appointment is required in Germany to establish or change an employment or office relationship . The appointment takes place regularly by handing out a certificate of appointment . An appointment is made on appeal in a civil servant, Selective Service or judge ratio ( setting ) as well as the award of a higher salaried office or service level ( transport ). In the case of an appointment establishing a service or office relationship, an oath of service or office is usually to be taken.

Service law

In service law , the appointment is an administrative act that establishes and shapes the law , requires cooperation and requires a formal form , through which an employment relationship is established or (significantly) changed.

The President generally appoints federal judges, federal civil servants, the officers and non-commissioned officers ( Art. 60 para. 1 GG ). As a rule, he has transferred this right.

Officer

In the case of civil servants , an appointment is required to establish the civil servant relationship, to convert the civil servant relationship into another type (for life, on probation, on revocation, as an honorary officer, for a limited period), to be awarded another office with a different (final) basic salary and another office title ( promotion ) or for the conferment of another office with a different official title when changing the career group ( gear office ); ( § 10 BBG , § 8 BeamtStG ). Honorary officials and municipal electoral officials are also appointed .

The appointment takes effect on the day on which the certificate of appointment is issued, unless a later date is expressly specified in the certificate. An appointment from a previous point in time is inadmissible and therefore ineffective ( Section 12 (2 ) BBG ). With the appointment, an employment relationship under private law with the employer expires ( Section 12 (3 ) BBG ).

The appointment is null and void if it does not conform to the prescribed form, if it was issued by an authority that was not responsible for the subject matter, if an appointment to the civil service was not permitted at the time of the appointment or if the ability to exercise public office was not available ( Section 13 (1) BBG ). The nullity can be cured under certain circumstances ( Section 13 (2 ) BBG ). The appointment is to be withdrawn, inter alia, with effect for the past, if it was brought about by coercion, fraudulent deception or bribery , the employer was not aware that the appointed person has been convicted of a criminal offense and therefore for the appointment to the civil service as appears unworthy ( Section 14 (1) BBG ). If the initial appointment is null and void or has been withdrawn, the superior must generally prohibit any further performance of official business ( Section 15 sentence 1 BBG ).

An appointment is not required if another office with a different official title with the same final basic salary is awarded without changing the career group , e.g. B. from office inspector to government office inspector when changing from a supreme to a higher federal authority , because in the former the prefix “governmental” is generally not applicable.

soldiers

An appointment of a soldier is required to establish the employment relationship of a professional soldier or a temporary soldier (appointment), to convert the employment relationship of a soldier into the employment relationship of a professional soldier or vice versa (conversion) and to confer a higher rank ( promotion ) ( § 4 SG ).

Judge

An appointment of judges is carried out in support of Judge ratio for converting the Richter ratio in such a different nature (for life, on time, on a trial basis, by virtue of the contract) and the grant of a different office with other final basic salary ( § 17 German Judiciary Act ).

Public officials

In a public official relationship standing officials (eg. As constitutional bodies and their members) are appointed by the Constitution or spezialgesetzicher regulations. For example, the Federal Chancellor , the Federal Ministers and the Parliamentary State Secretaries are appointed by the Federal President ( Article 63, Paragraph 2, Sentence 1, Article 64, Paragraph 1 of the Basic Law ; Section 2, Sentence 1 of the ParlStG ). The Federal President is not appointed; he takes up his duties.

ambassador

The Federal President appoints the German ambassador and signs a corresponding credential after the recipient state has given its approval (so-called "Agrément").

See also

Wiktionary: Appointment  - explanations of meanings, word origins, synonyms, translations

Web links

Individual evidence

  1. ^ Order of the Federal President on the appointment and dismissal of soldiers
  2. ↑ Order of the Federal President on the appointment and dismissal of civil servants and federal judges
  3. ↑ Determination of additions to the basic office titles, compilation of the official titles and ranks applicable in the federal area. December 5, 2012, accessed on September 30, 2019 (I. 2.).
  4. ↑ Appointment of German ambassadors. In: http://www.bundespraesident.de/ . Retrieved September 28, 2019 .