Disciplinary law is an important part of civil service law and deals with the sanctions that are imposed when civil servants violate their official duties. These duties are defined in civil service law, both at the state level and in the Federal Civil Service Act. The purpose of disciplinary law is to maintain the integrity of and trust in public service and to ensure that civil servants carry out their duties properly.
Disciplinary law regulates the possible consequences for breaches of duty. It distinguishes between two types of disciplinary action: those that punish minor to moderate offenses and those that concern serious offenses. The less severe measures include reprimand, fine and temporary reduction of earnings for up to three years. These can also be imposed directly by the authority.
The more serious measures can only be imposed by the competent administrative court following a so-called disciplinary action. They include demotion, removal from office and, for retired officials, the withdrawal of retirement benefits. These measures are severe and require a detailed examination by the court.
Recently, the disciplinary law for civil servants has been the subject of increased public debate. The discussion was triggered in particular by cases of public enemies who were employed in the public service and possibly pursued plans to endanger the state. Such cases, such as the proceedings at the Higher Regional Court of Koblenz, have drawn attention to the effectiveness and efficiency of the current disciplinary proceedings.
As a result, the Federal Ministry of the Interior has introduced a legislative reform proposal that provides for an acceleration of the disciplinary procedure and changes to further civil service regulations in the federal administration. The proposed reforms would give authorities the option of removing civil servants from office without having to go through the administrative courts. In addition, civil servants would automatically be removed from office if convicted of sedition and sentenced to six months in prison.
However, the reform proposals are not without controversy. Many experts and critics see the previous judicial disciplinary power as a proven system. It is feared that transferring the decision-making power to the authorities could lead to problems. Authority employees may not have the specialized knowledge and experience required to make such serious decisions.
Delegating disciplinary authority to public authorities can lead to legal and organizational challenges. To minimize potential liability risks and ensure objective decisions, it is therefore recommended that external legal assistance be sought. This can provide an independent perspective and ensure that decisions are made in accordance with the law and the individual circumstances. After all, a removal from office has a significant impact on the affected civil servant, as well as on the authorities and institutions involved.
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.