Higher service

from Wikipedia, the free encyclopedia

The higher service ( hD ) - in some federal states also the second entry office of the second career group or qualification level 4 - is the highest career group for civil servants in the Federal Republic of Germany .

requirements

Prerequisite for admission to a traineeship or a career special field of study of the higher service is a relevant Master probationary or equivalent education studies ( University , University of Technology , Institute of Technology , Polytechnic , University of Applied Sciences , music or art school ). The equivalent qualifications include, for example, a university diploma , a master's degree and a passed so-called first state examination with a standard period of study of at least eight semesters. The master’s degree at universities of applied sciences must be accredited. These regulations also apply regularly to general administrative services; The classic legal training is basically not a mandatory entry requirement for positions in the higher service. In addition, some federal states have made regulations and universities have developed special education programs at the master’s level, with which - under certain conditions - a career qualification can be acquired (e.g. in the public management course at the University of Kassel or the Master of Business Administration - business administration for new Public Management at the University of Applied Sciences Dortmund in cooperation with the University of Applied Sciences for Public Administration North Rhine-Westphalia ). In addition, an increase in performance from the upper class is still possible. Employees of the direct and indirect federal administration (Germany) can acquire the educational requirements and - under certain conditions - at the same time the career qualification for the higher non-technical administrative service by studying the Master of Public Administration at the University of the Federal Government for Public Administration .

In 2002, the Conference of Ministers of Education and the Interior Ministers decided to recognize the master’s degrees from universities and the accredited master’s degrees from universities of applied sciences as general entry requirements for entry into a civil service career in the higher service. Based on the positive experience with the accreditation of study programs, the Conference of Interior Ministers suggested that a separate aptitude test should be dispensed with and that at least all accredited master’s degrees should be granted access to higher service or preparatory service (legal clerkship). Following a resolution by the Conference of Ministers of Education and the Interior, an amended agreement came into force on January 1, 2008 (see web links ).

The previous graduation or diploma from a university of applied sciences as well as a bachelor's degree (after usually six or seven semesters of standard study time) are therefore still not generally sufficient qualifications for admission to the legal clerkship. In teaching professions, the qualification for the teaching post at primary schools, secondary schools, secondary schools, special schools or for lower secondary level, which is acquired at a teacher training college or university, is assigned to the higher education service.

Lower Saxony

According to the Lower Saxony Civil Service Act (NBG), which came into force on April 1, 2009, acceptance into the higher service of the State of Lower Saxony takes place either, with the exception of lawyers, via the preparatory service (legal traineeship) completed with a passed "Second State Examination" or, if applicable, with proof of at least three years of professional experience that may have been acquired within or outside the public service (Section 14 NBG, access to careers). The age limit for civil servants in the higher service is 45 years in Lower Saxony. The professional prerequisite for access to the higher service is the master’s degree "or a comparable university degree" (Magister, diploma). For teachers in Lower Saxony , a “career regulation for education” came into force on June 1, 2010, which enables them to become civil servants and thus also to be appointed to the teaching post for higher education at grammar schools, comprehensive schools or vocational schools without a legal clerkship .

Differentiation from other public service relationships

Judges meet the requirements for higher service, but they are not civil servants. Their employment under public law is not divided into career paths and ensures that they are particularly independent (for salary, see Salary Regulations R ).

Likewise, officers from major upwards (i.e. staff officers and generals ) as well as staff doctors are paid according to their assignment to the salary group of the higher service. However, since their employment relationship is not a civil servant relationship but a military service relationship , they are not counted as higher service. They are also divided into grade groups. Thus, both the legal status and the mandatory (educational) requirements and typical official activities differ from the higher service of civil servants.

education

The training for higher service can take the form of a two-year internal administrative preparatory service ( legal clerkship ), provided that the career qualification z. B. is not acquired through a course of study and a full-time job or a promotion process. Trainee lawyers in the preparatory service are regularly in a civil service relationship on revocation . If the preparatory service is also a prerequisite for an occupation outside the public service or if the civil service requirements for the appointment to a civil service are not met, the preparatory service can also take place in a public law apprenticeship . The former is the case in legal training in Germany ( legal traineeship ) in all federal states with the exception of Mecklenburg-Western Pomerania , because the preparatory service is a prerequisite for becoming a lawyer . The latter can e.g. B. occur in teacher training for people who are not citizens of a member state of the European Union or the European Economic Area .

While trainee lawyers used to be subject to revocation in civil servant status and received candidate salaries, in most federal states, for financial reasons, training no longer takes place in civil servant status, but in a public-law apprenticeship . After completing the legal clerkship, there is a civil service trial period of three years, which can be shortened and extended.

Certain careers do not require preparatory service; passing the corresponding state examination is a prerequisite for service. In other cases, the preparatory service (legal clerkship) is also a prerequisite for occupations outside the civil service, e.g. B. with lawyers. The second state examination in law as a prerequisite for admission to the higher non-technical service is at the same time a prerequisite for qualification for the office of judge, which in turn is a condition for admission as a lawyer. In contrast, a separate career test must be passed for other careers, e.g. B. Government master builder examination for building services.

In some special careers ( careers with a special subject ), in which only a few civil servants are used, the career test at the end of the preparatory service is even completely dispensed with. The career qualification is determined by the competent authority. As a rule, this is the highest service authority of the respective country or of the national personnel committee, but at least in consultation with this; the Federal Personnel Committee performs the task for federal civil servants.

During the preparatory service, the service designation trainee lawyer with a career characterizing addition, z. B. Construction or surveying trainee . Following the successful completion of the preparatory service, the service name is then assessor , also with a career-specific suffix (eg. As Bauassessor ). After successfully completing the preparatory service or traineeship and taking on a probationary civil service , the civil servant is immediately assigned the entry office . In some exceptional cases, the official is only awarded the incoming office after successfully completing this probationary period. This regulation was common in the past, but has now largely been omitted.

Up until April 1, 2009, civil service law made a distinction between recruitment (start of employment) and employment (end of the probationary period, at the latest when appointed as a civil servant for life). Therefore, during the probationary period, the official title of the entrance office with the addition of employment was used as the service title . The Civil Service Status Act abolished the distinction between employment and recruitment. The service title in the probationary period now corresponds to the official title in the entrance office or is partially assessor .

Grades and titles

Salary Regulations A

The starting salary group is A 13. Official titles in grades A 13 to A 16 are awarded most frequently:

The terms mentioned are so-called basic office designations , which are provided with an addition to the career path (more details can be found in the article office designation ). In the immediate federal and state areas, the addition governmental , in local government the addition community , city , district , municipal or administrative . In the case of districts, cities and municipalities, the administrative designation is reserved for the higher service, e. B. Municipal Board (not council !) Or city administrative director (not city director !), But Magistrate ; the higher and middle service does not lead the insertion (e.g. district office woman or city ​​secretary ). For some careers there are special additives, e.g. B. Study , Surveying , Police , Criminal, Commercial , Forestry , Social , Construction , Chemical , Astronomical , Library and Academic Council. The addition is part of the basic post prefixed ( Government, Government Director ), but partly also inserted into it ( upper governmental council . See also the Brandenburg, Hesse, Saxony-Anhalt, Saxony, Saarland and North Rhine-Westphalia Regierungsoberrat ).

In some branches of administration, however, there are completely independent official designations (special office designations). In the following for A 13 to A 16 they are e.g. B.

  • In the foreign service (headquarters and administrative posts abroad): Legation Councilor , First Class Councilor, Lecturer Legation Council, Lecturer Legation Council First Class
  • in the foreign service (consular and diplomatic post abroad): consul ; Consul First Class; Counselor , envoy , consul general , ambassador (all A 15); Counselor First Class, Envoy, Consul General, Ambassador (all A 16)
  • In museum service: curator , chief curator, chief curator, museum director
  • in the preservation of monuments (partly also in museums): curator , senior curator , chief curator , state curator

In addition, offices are also awarded that exist in both salary regulations A and B. Examples are ministerial councilor and department president (A 16 or B 2 / B 3).

After all, there are some singular offices in the higher service with salary order A, such as director of the Secret State Archives of the Prussian Cultural Heritage Foundation (A 16).

Salary Regulations B

In contrast to the Federal Pay Regulations A (with graduated pay depending on seniority ), the Federal Pay Regulations B have fixed pay. The following offices, for example, belong to this pay scale:

Salary regulations W and C

There are only three salary groups in the salary regulation W , and the professors from the technical college and university are formally equal:

  • W 1: junior professor
  • W 2: Professor
  • W 3: Professor (usually with a leading position, e.g. professor or institute director)

The salary regulation C (expiring, replaced by the federal salary regulation W since 2002) includes a part of the academic staff, primarily professors, of the universities:

See also

swell

  1. ↑ a b legal basis z. B. for federal civil servants: Section 17 (5) of the Federal Civil Servants Act
  2. ↑ a b Standing Conference of Interior Ministers and Senators of the Federal States & Standing Conference of Education Ministers of the Federal States in the Federal Republic of Germany: Agreement on “Access to the careers of the higher service through a master’s degree at universities of applied sciences” Resolution of the Interior Ministers Conference of December 7, 2007 and the Conference of Education Ministers of September 20, 2007.
  3. ^ University of Kassel
  4. ^ Description and information about the MBA course at the Dortmund University of Applied Sciences
  5. ↑ Information about this course on the website of the University of Applied Sciences for Public Administration North Rhine-Westphalia
  6. ↑ Master of Public Administration (MPA): The Master for Federal Administration . Federal University for Public Administration, accessed on May 29, 2017 .
  7. ^ Conference of Ministers of Education and Cultural Affairs: Assignment under career law / Bachelor and Master in public service
  8. ↑ Legal clerkship in MV. Retrieved October 14, 2019 .
  9. ↑ Preparation service. In: Teachers Online in Baden-Württemberg. Retrieved October 14, 2019 .

literature

  • Thorsten Bludau: Bill to modernize Lower Saxony's civil service law . In: Niedersächsische Verwaltungsblätter , Vol. 1 (2009), pp. 1–6.

Web links