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Lawsuit for a place on a university course, lawsuit for a place on a master's course, contestation of examinations,
contestation of exams, higher education law, school law,
Kindergarten law, civil service law
Civil service law has been one of our main areas of activity for more than 10 years . Attorney Hansen in particular has extensive experience in the very specific opposition and lawsuits in civil service law . With the following overview of the areas of advice and work we offer, we would like to help you to legally classify "your problem" in civil service law . You should not expect final answers to your questions here, just initial assistance. A detailed consultation, in which you describe your specific problem to us or in which we will answer your personal questions, can then take place by telephone or on site in our office.
Civil service law covers the problems and conflicts of public service. This is especially true of state or federal officials , as well as soldiers and judges. There are about two million civil servants in Germany and about three million employees in the public sector. So if you, as a teacher , university lecturer , police officer or soldier , get into a conflict with your employer , we can provide competent assistance. In recent years, conflicts between employers and civil servants have increased. The pressure to perform is great for everyone involved and a new form of performance orientation is the declared goal at all levels of government. With an increase in power density, however, a loss of quality is the inevitable consequence. This also applies to personnel management and leads to increased conflicts. Teachers in particular are often negatively affected by current developments. In schools, the pressure on teachers is not only increasing from the students and parents. Employers are also making increasing demands on the willingness and commitment of teachers.
In addition to classic civil service law, we are also generally active in public service law, also look after (private) employees with problems with their superiors or help with other conflict situations.
Right to appropriate employment / salary
The civil servant has the right to an employment appropriate to the office. This principle in civil service law results from Art. 33 Para. 5 of the Basic Law. This rule is particularly important when a new decision is made about the deployment of a civil servant . Such a decision can, for example, relate to a transfer , transfer , assignment and/or secondment . You have the opportunity to defend yourself against an “inferior” job.
In order to recognize an "inferior" employment, the status-law office of the civil servant is the starting point. The question then arises as to whether an employment corresponding to the " rank " is given.
The employer is also obliged to deploy the civil servant in such a way that he can demonstrate his specific skills, his suitability for a higher-ranking post and his suitability for promotion in the right job.
Assigning an activity outside of the public service can also be problematic in this context. With the privatization of the railway and postal service as well as other state institutions, the question arises as to what legal form the existing civil servants can continue to be employed in in the facility that is now operated under private law (e.g. Bahn AG, Post AG, Telekom AG). Irrespective of the legal form, there is always a risk that the civil servant will be sidelined in the institution organized under private law.
In recent years, the courts have made it clear that changes in the activities of a civil servant must not lead to "disguised punishment".
The traditional principles of the professional civil service also include the employer 's obligation to provide the civil servant , his family and his surviving dependents with appropriate support. The regulations on salaries and pensions are based on these principles.
Since the amendment of the Basic Law in 2006, the federal government has only been responsible for regulating the salaries and pensions of its own civil servants . This means that the federal states are responsible for the salary and pension rights of their respective civil servants themselves.
The courts are currently dealing with salary issues. The Federal Constitutional Court has found that certain salary brackets are underpaid. Our law firm is conducting several model processes in order to achieve a higher, official salary for some career groups.
Hiring and Promotion
One focus of our work in civil service law is in the areas of establishing a civil service relationship and civil service law promotion. Since civil servants are generally not entitled to be hired or promoted, there is always a risk that the employer will refuse to hire or promote a civil servant for unjustified reasons .
Just because there is no right to be hired or promoted , the employer is by no means free to decide who to hire or promote. The employer has the obligation to make a selection decision based on the performance principle of Art. 33 Para. 2 of the Basic Law that is free of discretionary errors. This is a right that can be enforced in court if violated.
In terms of content, the selection or decision to be promoted may initially only be based on qualifications, i.e. suitability, ability and professional performance. Only if these criteria do not result in any significant differences between the applicants can other auxiliary criteria (in particular length of service, marital status or personal circumstances) be taken into account.
Decisions about non-employment or promotions are often flawed and therefore subject to legal challenge. With these “ competitor lawsuits ”, however, certain deadlines and formalities must be observed. Our law firm has conducted numerous successful competitor lawsuits in recent years. Such a lawsuit does not usually result in the (illegally) ignored competitor being hired or promoted. However, the recruitment procedure must be carried out again or the job advertisement must be re-advertised. This increases the chances of getting the coveted position on the "second try".
Recently, the administrative courts have increasingly had to deal with competitor disputes in connection with appeal proceedings. An “ appointment ” involves the allocation of a position in the higher education sector. Similar principles apply to these procedures. Due to our experience in education law, we are particularly qualified to conduct such proceedings.
If your application for a civil service position or a promotion has been rejected, we will be happy to review the legality of these decisions and, if necessary, take the necessary legal action to help you succeed.
Official appraisal
The official appraisal is an official statement by the appraiser about the professional performance, the ability or the suitability of the civil servant for promotion . Whether an official appraisal should be challenged through legal channels depends on many factors.
The most important question is what relevance the assessment will have for the civil servant in the future. Another important question concerns the prospects of success with which to approach evaluation.
In principle, the official appraisal is of enormous importance for the professional advancement of the civil servant . The official assessment is the basis - or at least an important component - of any personnel planning based on the performance principle.
In the case of official assessments, case law grants the employer a wide range of assessment, since the assessment is very subjective. The consequence of this is that the court's review of legality is only possible to a limited extent. The examination is limited to the presence of so-called assessment errors . It is therefore not easy to take successful action against official appraisals . In order to avoid arbitrary assessments, the Federal Constitutional Court again tightened the requirements for a proper assessment in 2021. If you agree with your assessmentIf you do not agree, we will be happy to examine the chances of success of taking action against the assessment . With your help, we often create a counter-presentation, which then finds its way into the personnel file.
ability to serve
The concept of fitness for service is closely linked to the concept of a civil servant 's health suitability . Medical suitability is relevant when it comes to the initial appointment of the civil servant , but also to their transfer to temporary retirement .
In the worst case, the civil servant may be threatened with early retirement if he is unable to work. A younger civil servant who is revoked or on probation can even be threatened with dismissal, although the requirements are high. However, retirement or dismissal is only the last opportunity to draw consequences from a possible disability . The employer has a wide range of milder means available to respond to the official 's health problems. So there is the possibility of partial service , other uses and reintegration after a long illness.
For civil servants, the procedures in the event of an impending incapacity to work are often very opaque and they see the situation as a major threat to their pensions , since early retirement leads to a not inconsiderable reduction in pension payments . It is then particularly important to discuss the problem in detail in detailed discussions and to find a solution together. The main aim is to correctly record the medical findings and to compare them with the legal framework.
We are happy to support you on this difficult path.
work accident
If the civil servant suffers an accident at work , he will receive accident benefits. This consists of reimbursement of his costs for restoring his health and any property damage he may have suffered. He also receives accident compensation, i.e. a pension, if his earning capacity is reduced.
In practice, the question of whether an accident at work has occurred is the main problem . This also includes an accident on the way to and from work, whereby an insignificant interruption of the journey home is harmless. Accidents outside of working hours can also be work-related accidents if they are characterized by work-related obligations. Especially fire brigade officers , police officers , employees in prisons, but also teachers often suffer work accidents that trigger corresponding claims.
We will do our best to enforce your justified claims against your employer and to make the negative consequences of the accident as bearable for you as possible.
disciplinary law
Disciplinary law deals with the consequences of the violation of official duties by civil servants . While the duties of civil servants are defined as such in federal and state civil servant laws , disciplinary law regulates the consequences of breaches of duty and the procedure to be followed.
For federal civil servants . For state civil servants, the respective state laws apply in conjunction with the Civil Service Status Act .
The starting point for disciplinary considerations is always the provisions of the Federal Civil Servants Act or the respective State Civil Servants Act , according to which civil servants commit a disciplinary offense if they culpably violate the duties incumbent on them. If there are sufficient factual indications that this is the case, the employer is obliged to initiate disciplinary proceedings and to determine the relevant facts in these proceedings. After completing the investigation, he has to decide whether the proceedings will be discontinued or whether a disciplinary measure will be necessary.
Disciplinary law provides for five disciplinary measures that can be taken at our discretion , depending on the severity of the misconduct :
However , removal from the civil service is only imposed if the civil servant has finally lost the trust of the employer or the general public through a serious breach of duty .
A different set of measures, limited to two disciplinary measures , applies to retired civil servants ; only a reduction or withdrawal of the pension is possible against them. The superiors themselves can pronounce the disciplinary measure of reprimand, a fine, a reduction in salary and a reduction in pension by means of a so-called disciplinary order . It is an administrative act that can be contested with the legal remedies and legal remedies of objection, action for rescission and - under certain conditions - appeal and revision.
If the employer considers a downgrade, removal from the civil service or withdrawal of the pension to be appropriate, he may not take these measures himself, but must file a so-called disciplinary action with the responsible administrative court . The administrative court itself decides on the required measure. Its judgment can be appealed against and – under certain conditions – revised.
Depending on the circumstances of the individual case, it may be necessary to prohibit further performance of official business before the final conclusion of the disciplinary proceedings . In addition to the general option under civil service law to issue a temporary ban on conducting official business, once disciplinary proceedings have been initiated , provisional removal from the service can also take place under disciplinary law. Such a measure can be considered above all if, after a prognostic assessment of the case, it is to be expected that the disciplinary proceedings will probably result in removal from the civil service relationshipwill be pronounced. Depending on the financial circumstances, a part, up to a maximum of 50%, of the monthly salary can also be retained under this condition.
We will represent you in disciplinary proceedings and will exercise your rights. It is important to take action at an early stage of the proceedings in order, at best, to bring the disciplinary proceedings to a halt. Criminal proceedings are often initiated alongside the disciplinary proceedings . We work together with experienced criminal defense lawyers who will then assist you in the criminal investigation.
