Under personal sovereignty is above all in the German public service law understood the power to decide about hiring their own staff and the supervision to lead its own staff. The term is also used in international law . However, the term is not a legal term. Its exact meaning is unclear.
The term is not used in German federal law. In German state law it appears in three places:
- In § 40 of the Saxon School Act, the term appears in the official heading in connection with the question of which staff the Free State of Saxony is responsible for and which staff the respective municipal school authority is responsible for.
- Section 14 (7) sentence 2 of the Baden-Württemberg law on the establishment of the Black Forest National Park deals with the responsibility of the National Park Council , from which items are excluded that are subject to the state's personnel sovereignty or the budgetary law of the state parliament . The National Park Council is therefore not responsible for the affairs of the state employees who work in the National Park.
- In § 5 of the Saxon Professional Academy Act it is determined that the University of Cooperative Education Saxony has the right to self-administration. According to this, self-administration matters include a. the personal sovereignty over their own agents.
In international law, the term is used in connection with the responsibility of a state in relation to its own nationals abroad.
The concept of personal sovereignty describes a certain form of sovereign power, namely the legal authority to unilaterally oblige and authorize the subordinate natural and legal persons by virtue of sovereign superiority. If the nationals are abroad, they remain subject to the personnel sovereignty of the home state.
The home state can, by virtue of its personnel sovereignty, oblige its citizens abroad to act or fail to act which are not prohibited by the laws of the state of residence and therefore do not conflict with the territorial sovereignty of the state of residence. This becomes clear in German criminal law in the criminal liability of offenses committed by Germans abroad ( (2) No. 1 StGB). Since the Middle Ages, the extension of the right of home to nationals abroad has been justified by the citizens' loyalty to the law of their home country, which has its counterpart in the right of the home country to protect them diplomatically in the country of residence .
- Epping / Gloria in Ipsen, Völkerrecht , 5th edition 2004, § 24 marginal no. 1, pp. 326/327.
- By Arnauld, Völkerrecht , 2nd edition 2014, § 4 marginal no. 340, p. 143.