Official title

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The official title indicates the legal status of an official ( civil servant or judge ) in Germany. For soldiers , the official title corresponds to the rank . In the preparatory service , and up to the service law reform in 2009 also in the career law trial period, civil servants and judges use a service title instead of the official title .

Basics

As a rule, the civil servant has an official title with the first award of a legal office (e.g. in the entrance office of a career as a probationary civil servant). The misuse of official designations is an offense in Germany under Section 132a of the Criminal Code . The salary regulations stipulate office designations that may only be used in this form (special office designations), but the larger part is the basic office designations, which are usually only allowed to be used with an addition that characterizes the respective career path.

If possible, female officials and judges use the female form. The exceptions are the terms Amtmann / Amtfrau . For a while the term government official was used in some federal states instead of a government official. This designation has largely disappeared, z. B. was in the Federal Customs Administration , the term until 2011 or Zollamtmännin alternative to the customs office woman be chosen. Originally, the introduction of the official title z. B. Justice woman in the 1980s from a Lower Saxony civil servant and judicial officer who refused for a year to receive the promotion document as long as it was not issued in the female form.

Civil servants (excluding prosecutors)

The official titles are determined by the federal government and the states for their respective civil servants. The official designation usually consists of a basic office designation and an addition to the basic office designation.

Federal officials

The Federal President basically defines the official titles for federal civil servants. ( § 86 Abs. 1 BBG ) Civil servants use the official designation of the office assigned to them. You can also lead them outside of the service. ( § 86 Abs. 2 BBG) The highest service authority can grant permission to use the official title with the addition “ out of service ” or “a. D. “as well as the titles awarded in connection with the office. The permit can be withdrawn if the former official does not prove to be worthy of it. ( Section 39 sentences 2 and 3 BBG)

Basic job titles

The basic office designations are laid down in the federal pay regulations. Basic office designations (selection) according to Annex I (to Section 20, Paragraph 2, Clause 1) Federal salary regulations A and B are in the salary group

  • A 2 supervisor, senior clerk , senior manager, conductor , constable
  • A 3 main assistant, main assistant, supervisor, head conductor, sergeant
  • A 4 magistrates, works foremen, chief overseers, chief conductors, chief sergeants, Oberwart
  • A 5 operations assistant, first chief sergeant, chief warden, senior official, chief works foreman
  • A 6 operations assistant, first main sergeant, main warden, senior official, senior works foreman, senior train driver, secretary, foreman
  • A 7 Senior Secretary, Senior Foreman
  • A 8 chief secretary, chief foreman
  • A 9 (middle service) official inspector, operations inspector
  • A 9 (senior service) inspector
  • A 10 Chief Inspector
  • A 11 Amtmann / Amtfrau (very rarely: "Amtmännin")
  • A 12 District Council
  • A 13 (senior service): Oberamtsrat
  • A 13 ( higher service ): Councilor , doctor , pastor
  • A 14 senior councilor, specialist , pastor
  • A 15 Director, Senior Physician , Dean
  • A 16 Senior Director, Senior Physician, Dean

See also: Appendix 1 (to Section 9, Paragraph 1) Federal career regulation (FSVO)

additions

The Federal Ministry of the Interior, Building and Home Affairs determines the additions to the basic office designations . The basic office designations can have additions that

  1. on the employer or the administrative area
  2. on the career
  3. on the subject

should be attached. The basic titles of council , senior councilor , director and executive director may only be awarded in connection with a corresponding addition.

In the immediate federal area, the addition government for non-technical or technical government for technical careers is usually used (e.g. government secretary, technical government secretary). In special careers of the immediate federal service, the additions scientific (in the higher service at research institutions), library , customs and customs ship (at customs), ship (in nautical service) post ( Deutsche Post AG and Postbank ), telecommunications - ( Deutsche Bundespost , Deutsche Telekom ), Bundesbahn ( federal railway assets ) and operational (for the career of the supervisor of the federal railway assets ) used.

In the indirect federal area, the addition administrative is used and the Deutsche Bundesbank the addition Bundesbank- .

Overview

Official title abbreviation Grade Career group education
State Secretary StS B 11 higher service master
Ministerial Director MD B 9
Ministerial Director MinDirig, MDg B 6
Ministerial Councilor MR B 3
Ministerial Councilor ,
Senior Government Director
MR,
LRD
A 16
Government director RD A 15
Upper Government Council ORR A 14
Government Council RR A 13 ( entrance office )
Senior Government Councilor ROAR A 13 higher service Bachelor
Government councilor RAR A 12
Government official RA A 11
Chief Government Inspector ROI A 10
Government inspector RI A 9 (entrance office)
Government Inspector RAI A 9 Medium Grade Vocational training
Government Chief Secretary RHS A 8
Government Secretary ROS A 7
Government secretary RS A 6 (entrance office)
Government chief minister ROAM A 5 simple service Semi-skilled
Government officer R.A.M. A 4
Government clerk RHAG A 3 (entrance office)

State officials

The basic office designations are laid down in the state salary regulations. The additions to the basic office designations are usually determined by the interior department or the state government as a collegial body.

For the following official titles, the admission of the addition government is handled differently in the federal states:

  • Official inspector
  • Councilor
  • Oberamtsrat

Baden-Württemberg

The following basic office designations exist in the state service of the state of Baden-Württemberg:

Basic job title additions

First chief sergeant

Judicial

Secretary
Senior Secretary Chief
Secretary

Building
Library
calibration
forestry
judicial
Health
Business
in Prison Service
Justice
Justizbetriebsdienst-
Kartographen-
agricultural
governmental
control
Technical
surveying

Inspector
Oberinspektor
bailiff

Archive
Construction
Mountain
Library
Fire
Eich
Forest
Court
Commercial
In
Correctional Service Justice
Cartographer
Agricultural
Government
Social
Tax
Technical
Environment
Surveying

Council
Upper Council
Director
Executive Director

Archive-
Astronomy-
Construction-
Mountain-
Library-
Biology-
Fire-
Chemistry-
Forest-
Geology-
Trade-
Criminal-
Agricultural-
Medical-
Pharmacy-
Police-
Psychology-
Government-
Studies-
Technical
Surveying-
Veterinary

Pastor
Dean

in the penal service

Legal basis: Ordinance of the Ministry of Finance on the addition of additions to the basic office designations (1988 with changes)

In the municipalities, districts and other state-direct institutions, corporations and foundations under public law in the state of Baden-Württemberg there are the following basic office designations:

Basic job title additions
Waiting for
Oberwart

Head guard

Operational
Assistant
secretary

Senior
Secretary
Chief Secretary Official Inspector

Construction
library

Forest,
Community,
Health,
Trade,
Justice,
Cartographer,
Agriculture,
City,
Association,
Surveying,
Administrative,
Technical

Inspector
Chief Inspector

Amtmann
Amtsrat
Oberamtsrat

Archive
banking

Construction
Library
Fire
Forest
Community
Health
Commercial
Justice
Cartographers
District
Agricultural
Social
Savings Banks
City
Technical
Surveying
Association
Administrative

Council
upper council

Director
Executive Director

Academic
Archives

Astronomy
Bank
Construction
at the Landeskreditbank
at the Sparkasse
Library
Biology
Fire
Chemistry
Forest
Geology
Trade
Agricultural
Medical
Pharmacy
Psychology
Legal
Savings Banks
Technical
Surveying
Administration
Veterinary

Saarland

Basic job title additions
Overseer
superintendent
Forest
Oberwart
Hauptwart
Calibration
Wachtmeister
Oberwachtmeister
Hauptwachtmeister

First chief sergeant

Judicial
Assistant
Secretary
Senior Secretary

Chief Secretary
Official Inspector

Library
Eich
Forest

Community
health
commercial
in prison service
justice
cartographer
district
government
city ​​city
association
tax
university
administration
surveying

Assistant
secretary
Enforcement
Inspector
Oberinspektor
bailiff

Amtsrat
Oberamtsrat

Archive-
Construction-
Mountain Area-

Mountain Surveying
Library
Fire
Data Processing
Calibration
Telecommunication
Forestry
Horticulture
Community

Health,
Trade,
Justice,
Cartographer,
District,
Fruit Growing,
Government,
Social,
City,
City,
Tax,
University,
Surveying,
Administrative

Council
chief councilor
director

Executive Director

Archive
construction
mining

Mountain Surveying
Library
Biology
Fire
Chemistry
Calibration
Forest
Horticulture
Geology
Commercial
Commercial Medicine
Criminal
Agricultural
Medical
Pharmacy
Police
Psychology
Government
University
Surveying
Administration
Veterinary
Economic

The following official designations are used without addition:

  • Senior clerk
  • Full-time assistant
  • Magistrate
  • Chief magistrate
  • Senior employee
  • Main assistant
  • Operations manager
  • Chief Works Manager
  • Operations assistant
  • Foreman
  • Head foreman
  • Master craftsman
  • Operations inspector

Legal basis: Ordinance on the determination of official titles of January 18, 1977 (Official Gazette 77.109), last amended by Law No. 1327 (4th RBG) of January 26, 1994 (Official Gazette 94.509).

Saxony-Anhalt

In the state of Saxony-Anhalt , the additions to the basic office designations of salary regulation A are regulated in the annex to the joint circular of the Ministry of the Interior , the usual ministries and the state parliament without the Ministry of Justice from October 4, 2010.

Judges and prosecutors

Official titles of the judge for life and the judge for a period of time ( § 11 DRiG ) are

  • "Judge"
  • "Presiding judge",
  • "Director",
  • "Vice President" or
  • "President"

with the addition "Judge on ...", "Presiding Judge on ...", "Director of ...", "Vice-President of ...", "President of ..."; ( Section 19a (1) DRiG ). Judges by order ( § 16 DRiG ) use the designation "judge" with an addition identifying the court ("Richter am ..."; § 19a para. 2 DRiG ). Probationary judges use the designation “judge”, in the public prosecutor's office the designation “public prosecutor” ( Section 19a (3 ) DRiG ).

The specific office designations (basic office designation in connection with the type of court) as well as their assignment to a salary group can be found in the federal salary regulations R ( Annex III BBesG ) and the state salary regulations R of the states .

The current official designations were introduced on October 1, 1974 by the “Law to change the designation of judges and honorary judges and the presidential constitution of the courts” of May 26, 1972 ( Federal Law Gazette I p. 841 ). It was part of the judicial reform in the 1970s. The titles Vice President and Director were added later. According to the official justification of the Federal Government, the aim of the new regulation was to replace the previous more than 30 official titles of judges, e.g. B. District Court Councilor for judges at the district court , to simplify and unify, in particular to replace the official titles, which are largely based on the hierarchical structure of the administrative authorities, with titles that better characterize the judge's activity and position than before. A majority of the lead legal committee of the German Bundestag spoke out in favor of a uniform designation “judge” without additions, with the exception of the presidents. The Federal Council demanded that the mediation committee be convened and spoke of the reasons for a “leveling” of the official titles and a “synchronization”.

The judges previously appointed as court presidents carried the official title of "President" from October 1, 1972, those appointed to regional court directors, administrative court directors, state labor court directors, senate presidents or vice-presidents were appointed to the official title of "presiding judge" and the other judges were appointed to the official title of "judge". In addition, there was an addition identifying the court. ( BGBl. I p. 841, 852 )

The Federal Constitutional Court affirmed in a decision of the Second Senate of 27 June 1974, the legislative competence of the federal in regard to the official names of the judges. This was given by Article 98 of the Basic Law (old version).

The official titles for judges valid until September 30, 1972 in the federal area were ( Federal Law Gazette 1971 I pp. 208, 229 ):

  • District Judge
  • District Court Councilor
  • Chief Magistrate
  • Administrative judge
  • District Court Director
  • Chamber judge
  • District Court Director
  • Chief Administrative Judge
  • District Court President
  • Vice President
  • Senate President
  • District Court President

See also

Individual evidence

  1. A civil servant is a woman and not a man , Hamburger Abendblatt , May 22, 1986
  2. Determination of additions to the basic office titles, compilation of the official titles and ranks applicable in the federal area. December 5, 2012, accessed May 6, 2020 .
  3. Basic Office Designation Ordinance - GrbezVO. In: Landesrecht BW Bürgerservice. Baden-Württemberg Ministry of Finance, January 28, 1988, accessed July 16, 2017 .
  4. ^ Annex to the joint circular of the Ministry of the Interior, the usual ministries and the state parliament without the Ministry of Justice. In: State Law Saxony-Anhalt. October 4, 2010, accessed April 10, 2020 .
  5. for example: State salary regulations R. State of North Rhine-Westphalia, accessed on May 7, 2020 .
  6. ^ German Bundestag, 6th electoral period (ed.): Draft law of the federal government . Bonn March 19, 1970 ( BT-Drs. 6/557 ).
  7. ^ German Bundestag, 6th electoral period (ed.): Written report of the legal committee . Bonn, December 3, 1971 ( BT-Drs. 6/2903 - the rapporteurs were Richard Jaeger ( CSU ) and Claus Arndt ( SPD ).).
  8. German Bundestag, 6th electoral term (ed.): Reasons for the convocation . Bonn January 21, 1972 ( BT-Drs. 6/3145 ).
  9. Federal Constitutional Court (ed.): Reasons for the convocation . Karlsruhe June 27, 1974 ( BVerfG 38.1 ). }