Basic relationship and employment relationship
The pair of terms basic relationship and company relationship is mainly used in German administrative law , there in particular in civil service law . The pair of terms was coined by Carl Hermann Ule and first presented at the 1956 conference of the Association of German Constitutional Law Teachers in Mainz. In the more recent literature there is often talk of status regulation and organizational regulation. However, the explanations regarding the pair of terms are identical.
Since civil servants, schoolchildren, students, soldiers and prisoners are in a special obligation to the employer , a civil service measure can either be an administrative act (with external effect ) or just an internal instruction . A distinction is made according to whether the measure relates to the basic relationship or the employment relationship.
In the sense of this distinction, a regulation that only affects the internal organization or design of the mandatory relationship only affects the operational relationship. This is about accepted for implementation to another post by changing the allocation. In the event of an intervention only in the operating relationship, there is no external effect. The regulation only has the character of an official directive.
An intervention in the basic relationship, on the other hand, is understood to mean such an intervention in the personal rights or in the status of a person, for example the transfer to another employer. In the event of an interference with the basic relationship, there is an administrative act (with external effect).
literature
- Carl Hermann Ule: The special relationship of violence , in: Publications of the Association of German Constitutional Law Teachers (VVDStRL) vol. 15, p. 133 ff, Walter de Gruyter & Co Berlin 1957
Individual evidence
- ↑ Manfred Wichmann, Karl-Ulrich Langer: Public Service Law , Rn. 179, Verlag W. Kohlhammer, 7th edition 2014, ISBN 978-3-555-01605-4
- ↑ [http://www.jura.uni-bielefeld.de/Lehrstuehle/Gusy/Begleitmaterial/VwGO-AG-WS08-09-Fall05-FFK-Schulurlaub-fuer-Demo.pdf] Document cannot be loaded
