Changing economic conditions, global financial crises and deficit-ridden budgets at the state and federal level are repeatedly giving rise to discussions about the meaning and purpose of the civil service. But it is also the public that no longer accepts the special features of civil service law uncritically. It is primarily financial considerations that give rise to calls for the abolition or at least limitation of the civil service to a core area of government tasks. However, this discussion, which is also emotional in parts, fails to recognize the special legitimacy that is based on the special requirements for state services and entitlements. The civil service is still an integral part of a modern state.
The two aspects are indispensably intertwined. It is imperative, however, that the civil service does not disguise itself from social development trends, but rather takes them up, uses them as an opportunity for change and is open to them. It also seems to be in the nature of things, however, that criticism of civil servants does not always exist in principle, but seems to depend on developments over time. This phenomenon can primarily be observed whenever there is a crisis in the economy. Then the discussion about reducing bureaucracy and the demand for "less government" begins. Of course, this is only the case where the state does not provide any services. In the Federal Republic of Germany, civil service and the public sector are regarded as a special feature. With 1.7 million civil servants and 3.3 million salaried employees nationwide, the proportion of civil servants in the public sector is much lower than in other European countries.
The extent to which the employment of white-collar workers in the public sector is actually more cost-effective than that of civil servants remains controversial. It is a little-studied scientific field so far. During the civil servant's active phase, the state does not have to pay any social benefits and only has to grant the civil servant an allowance in the event of illness.
Table of Contents
1. Introduction
2 Historical development of the professional civil service
3 Constitutional considerations
3.1 Reservation of function under Art. 33 sec. 4 GG
3.2 The traditional principles of the professional civil service (Art. 33 sec. 5 GG)
3.3 Comparison: Civil servants and civil servants
4 Pros and cons of the professional civil service
4.1 Contra arguments
4.2 Pro arguments
5 General information on reform considerations in the public sector
5.1 Performance-based payment
5.2 Study Commission for the Reform of the Civil Service
5.3 Expert Commission on Criticism of State Tasks (so-called "Scholz – Commission")
5.4 Bull – Commission
6. Conclusion
Objectives and Themes of the Publication
This paper examines the contemporary relevance and necessity of the professional civil service institution in Germany. It investigates whether the existing structures of the German civil service are still appropriate in the 21st century and whether they require fundamental reform or if they continue to provide essential stability for the state, especially during times of crisis.
- Historical context and evolution of the German professional civil service.
- Constitutional framework and the protection of civil service principles under the Basic Law.
- Critical analysis of arguments for and against the current civil service model.
- Evaluation of reform commissions and their impact on public sector modernization.
- Comparison between civil servants and public sector employees regarding duties, rights, and labor law.
Excerpt from the Book
1. Introduction
Changing economic conditions, global economic financial crises and deficit budgets of the federal states and the federal government repeatedly give rise to the discussion about the meaning and purpose of the professional civil service. But it is also the public that no longer uncritically accepts the special features of civil service law. First and foremost, it is financial considerations that give rise to the demand for the abolition or at least limitation of the professional civil service to a core area of state tasks.
However, this discussion, which is also emotional in parts, fails to recognize the special legitimacy that has arisen. based on the special requirements for state benefits and entitlements. The professional civil service is still an integral part of a modern state. Both aspects are inextricably interlinked. However, it is imperative that the professional civil service does not disguise social development tendencies, but takes them up, uses them as an opportunity for change and is open to them. However, it also seems to be in the nature of things that the criticism of the officials does not always exist in principle, but seems to be dependent on temporal developments. This phenomenon can be observed first and foremost whenever there is a crisis in the economy. Then the discussion about the reduction of bureaucracy and the demand for "less state" begins. Of course, only where it does not provide any services. In the Federal Republic of Germany, the civil service and the civil service are regarded as a special feature. The proportion of civil servants with 1.7 million civil servants and 3.3 million employees nationwide is much lower than in other European countries.
Summary of Chapters
1. Introduction: This chapter highlights the public and financial pressure on the traditional civil service and sets the foundation for questioning its necessity in the modern state.
2 Historical development of the professional civil service: This section traces the historical roots of the German civil service, from the Prussian era to post-war re-establishment, illustrating the origins of civil service principles.
3 Constitutional considerations: This chapter analyzes the legal safeguards provided by the Basic Law, specifically focusing on the reservation of sovereign tasks for civil servants.
4 Pros and cons of the professional civil service: This part summarizes the ongoing debate, contrasting arguments for efficiency and reform against the need for a stable, loyal administrative apparatus.
5 General information on reform considerations in the public sector: This chapter reviews various commissions and their proposals to adapt the civil service to modern economic and management challenges.
6. Conclusion: The final chapter summarizes the findings, arguing that while the civil service requires reform, it remains an essential guarantor for the state's functioning under the rule of law.
Keywords
Professional civil service, Basic Law, Constitutional considerations, Sovereign tasks, Public administration, Administrative reform, Performance-based payment, Civil servant status, Duty of loyalty, Employment law, Public sector, Modernization, Federal Republic of Germany, Accountability, Bureaucracy.
Frequently Asked Questions
What is the fundamental focus of this publication?
The work focuses on the legal, historical, and economic legitimacy of the professional civil service in Germany and its adaptability to contemporary challenges.
What are the core thematic areas discussed in this book?
Key areas include the constitutional protection of civil service principles, historical development, reform commission reports, and a comparison between civil servants and regular public sector employees.
What is the primary research goal of the author?
The author aims to investigate whether the institution of the professional civil service is still necessary in the 21st century and to what extent it requires fundamental reform.
Which scientific methods are primarily utilized in the study?
The study relies on a legal analysis of the Basic Law and secondary research into historical developments and findings from various German reform commissions.
What specific topics are addressed in the main body of the text?
The main body covers constitutional provisions (Art. 33 GG), the "pro and contra" arguments of current reform debates, and concrete modern administrative challenges like performance-based pay.
Which keywords best characterize this work?
The work is characterized by terms such as professional civil service, sovereignty, constitutional law, public sector reform, and civil servant duties.
How does the author characterize the "traditional principles" of the civil service?
The author describes them as a set of rules including expertise, loyalty, impartiality, and lifetime tenure, which act as a balance against political influences.
What is the significance of the "Bull Commission" in the context of this paper?
The Bull Commission is used as a case study to demonstrate that legislators act with extreme caution regarding civil service reforms despite economic pressure and management demands.
- Arbeit zitieren
- Jana Kuhlmey (Autor:in), 2009, Is the civil service still in keeping with the times?, München, GRIN Verlag, https://www.grin.com/document/1170055
