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Civil Service Law and Action against Competitors

Overview

from
Erika Braun
Lawyer

Give me a call: 0261 - 404 99 23
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Civil service law is a specialized area of law that governs the legal relationships of civil servants. It includes, among other things, the appointment, professional career, duties and rights, and termination of the civil service relationship. A central aspect of civil service law is the principle of selecting the best candidates, which plays a crucial role in filling public service positions. In this context, actions brought by competitors are of particular importance when it comes to the legal review of promotion decisions.

Basic principles of civil service law

 Civil service law in Germany is based on the following principles:

1.  Lifetime principle: Civil servants are generally appointed for life, which affords them special protection against dismissal.
2. Loyalty and good conduct: Civil servants are obliged to be loyal to the state and to adhere to certain standards of behavior.
3. Principle of merit: Appointments and promotions should be based on aptitude, ability and professional performance.
4. The employer's duty of care: The state has a special duty of care towards its civil servants, which manifests itself, among other things, in the granting of allowances and pensions.

 

The competitor lawsuit

A competitor lawsuit is a legal remedy available to civil servants if they believe that they have been unfairly overlooked when a position was filled or a promotion granted. Its purpose is to review the legality of the selection decision and, if necessary, to enforce a new decision that takes into account the legal requirements.

 

Conditions for an action by a competitor

In order for a competitor lawsuit to be successful, certain conditions must be met:

1. Right to take legal action: The civil servant bringing the action must have been a candidate for the position or promotion in question.
2. Legitimate interest: The civil servant must have a legitimate interest in the selection decision being reviewed.
3. Violation of rights: The complaining official must be able to demonstrate that the selection decision violated the principle of performance or other legal requirements.

The course of the action against the competitor

1. Pre-litigation proceedings: Before a legal challenge is brought, pre-litigation proceedings must usually be conducted. These are often objection proceedings in which the civil servant presents his objections to the selection decision.
2. Appeal proceedings: After the preliminary proceedings have been concluded, the official can file an appeal with the competent administrative court. The court then examines whether the selection decision was lawful.
3. Interim relief: In urgent cases, the civil servant can also file an application for interim relief to prevent the position from being definitively filled before the proceedings in the main action have been concluded.

 

Legal basis

The action against competitors is based on various legal principles, including:

• The German Basic Law (GG): Article 33, paragraph 2 of the GG guarantees the right to equal access to public office based on aptitude, ability and professional achievement.
• Civil Servants Status Act (Beamtenstatusgesetz): This regulates the general conditions and principles of the civil servant relationship.
• State civil service laws: Supplementary regulations of the individual federal states.

 

The importance of legal action by competitors

Legal action by competitors plays an important role in ensuring the principle of merit in the public service. It enables civil servants to assert their rights and contributes to transparency and fairness in the filling of positions. At the same time, it ensures that public positions are filled by the most suitable persons, which ultimately serves the common good.

 

Conclusion

Civil service law and actions brought by competitors are central elements of public service law in Germany. They ensure that the selection and promotion of civil servants is based on objective and legally established criteria. The possibility of a competitor lawsuit strengthens the principle of performance and protects the legal status of civil servants. This not only contributes to individual justice, but also to the efficiency and integrity of public service.

The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.