Das Recht des öffentlichen Dienstes – Grundlagen und neuere Entwicklungen

Abstract

Abstract Civil service law – legal bases and recent developments A structural element of the legal bases of civil service law is its two-tier structure. In recent times the German Constitutional Court has granted the public sector organisational discretion for the recruitment of teachers and professors as civil servants or private employees. In practice, this is exercised according to financial criteria, which causes general understanding for the specific values of an official status to dwindle. Art. 33 paragraph 4 GG as a binding constitutional norm has to be examined in three steps: First, the general legitimation of a career as public officer has to be proved; then the content of the tasks and the typical forms of their fulfilment must be described. This leads to the base of a constitutional requirement to employ school and university teachers as civil servants. The discussion on a strike ban under civil service law, which also concerns the state monopoly of sovereign powers, has been object of two dec...