Download Germany Public Administration Profile

FEDEDERAL REPUBLIC OF
GERMANY
Public Administration
Country Profile
Division for Public Administration and Development Management (DPADM)
Department of Economic and Social Affairs (DESA)
United Nations
February 2006
All papers, statistics and materials contained in the Country Profiles express entirely the opinion of the mentioned authors.
They should not, unless otherwise mentioned, be attributed to the Secretariat of the United Nations.
The designations employed and the presentation of material on maps in the Country Profiles do not imply the expression
of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country,
territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries.
Table of Contents
Table of Contents........................................................................................... 1
Country ........................................................................................................ 2
1. General Information ................................................................................... 4
1.1 People.................................................................................................. 4
1.2 Economy .............................................................................................. 4
1.3 Public Spending ..................................................................................... 5
1.4 Public Sector Employment and Wages....................................................... 5
2. Legal Structure .......................................................................................... 6
2.1 Legislative Branch.................................................................................. 6
2.2 Executive Branch ................................................................................... 7
2.3 Judiciary Branch .................................................................................... 8
2.4 Local Government.................................................................................. 9
3. The State and Civil Society .........................................................................10
3.1 Ombudsperson .....................................................................................10
3.2 Civil Society .........................................................................................10
4. Civil Service .............................................................................................12
4.1 Legal basis...........................................................................................12
4.2 Recruitment .........................................................................................12
4.3 Promotion............................................................................................13
4.4 Remuneration ......................................................................................13
4.5 Training...............................................................................................14
4.6 Gender................................................................................................14
4.7 Reunification of Western and Eastern civil services ....................................14
5. Ethics and Civil Service ..............................................................................16
5.1 Corruption ...........................................................................................16
5.2 Ethics..................................................................................................16
6. e-Government ..........................................................................................17
6.1 e-Government Readiness .......................................................................17
6.2 e-Participation ......................................................................................18
7. Links .......................................................................................................19
7.1 National sites .......................................................................................19
7.2 Miscellaneous sites................................................................................19
1
Germany
Country
Click here for detailed map
Government type
federal republic
Independence
18 January 1871 (German Empire
unification) unification of West
Germany and East Germany took
place 3 October 1990; all four
powers formally relinquished rights
15 March 1991
Constitution
23 May 1949, known as Basic Law;
became constitution of the united
German people 3 October 1990
Legal system
civil law system with indigenous
concepts; judicial review of
legislative acts in the Federal
Constitutional Court; has not
accepted compulsory ICJ jurisdiction
Administrative divisions
Source: The World Factbook – Germany
13 states (Laender, singular - Land)
and 3 free states
Source: The World Factbook – Germany
Germany remains a key member of the continent's economic, political, and defense
organizations. Two devastating World Wars in the first half of the 20th century and
left the country occupied by the Allied powers of the US, UK, France, and the Soviet
Union in 1945. With the advent of the Cold War, two German states were formed in
1949: the western Federal Republic of Germany (FRG) and the eastern German
Democratic Republic (GDR). The democratic FRG embedded itself in key Western
economic and security organizations, the European Commission (EC), which became
the European Union (EU), and NATO, while the Communist GDR was on the front line
of the Soviet-led Warsaw Pact. The decline of the USSR and the end of the Cold War
allowed for German unification in 1990. Since then, Germany has expended
considerable funds to bring Eastern productivity and wages up to Western standards.
In January 1999, Germany and other EU countries introduced a common European
exchange currency, the euro.
Source: The World Factbook – Germany
2
The Federal Republic of Germany is located in the heart of Europe. The most
densely-populated country in Europe, Germany is bordered by nine neighbouring
states since the unification of the two German states in 1990. The Federal Republic
of Germany covers an area of 357,022 square kilometres. The longest distance from
north to south is 876 kilometers, and from west to east, 640 kilometers. The country
boasts a great cultural and special region-specific diversity.
Some 82.6 million people live in Germany and 7.3 million of these citizens do not
have their origins in Germany. This corresponds to 8.9 percent of the total
population. Ranking third in terms of total economic output, Germany is one of the
world’s leading economic nations. In terms of exports, Germany takes first place
worldwide. The country continues to offer a superbly developed infrastructure and
well-qualified work force. In addition, education, science and research are structured
in line with the federal nature of the Federal Republic of Germany. As a result,
central government is only able to decide on and implement goals and measures in
conjunction with the federal states.
The social partnership between trade unions and employers ensures a high degree of
social harmony. Reforms to the social security system and structural reforms to the
labor market are intended to reduce ancillary labor costs and enhance economic
growth, which, in comparison with other EU countries, is on a low level.
Source: Federal Foreign Office – Fact about Germany: civil
and voluntary commitment (2001) - edited
3
1. General Information
1.1 People
Germany
France
UK
Total estimated population (,000), 2003
82,476
60,144
59,251
Female estimated population (,000), 2003
42,177
30,845
30,388
Male estimated population (,000), 2003
40,299
29,299
28,863
Population
1
a
Sex ratio (males per 100 females), 2003
Average annual rate of change of pop. (%), 2000-2005
96
95
95
0.07
0.47
0.31
b
Youth and Elderly Population
Total population under age 15 (%), 2003
15
19
18
Female population aged 60+ (%), 2003
27
23
23
Male population aged 60+ (%), 2003
21
18
19
c
Human Settlements
Urban population (%), 2001
88
76
Rural population (%), 2001
12
24
90
10
Urban average annual rate of change in pop. (%), ‘00-‘05
0.17
0.58
0.25
Rural average annual rate of change in pop/ (%), ‘00-‘05
-1.55
-0.34
-0.5
15.3i
15.4
16.3
1
i
15.1
15.7
16.7
1
i
15.1
15.8
1
2
d
Education
Total school life expectancy, 2000-2001
Female school life expectancy, 2000-2001
Male school life expectancy, 2000-2001
15.4
Female estimated adult (15+) illiteracy rate (%), 2000
..
..
..
Male estimated adult (15+) illiteracy rate (%), 2000
..
..
..
2
e
Employment
7.9ii
Unemployment rate (15+) (%), 2000
8.8 iii
Female adult (+15) economic activity rate (%), 2001
49
48
b
Male adult (+15) economic activity rate (%), 2001
66
62
b
Notes:i 1998/1999,ii Months of April, iii Month of March and ivMonth of March-May,
a
5.5 iv
1
53
a
2
71
a
2
2
Age 16+ years, B 2000.
1.2 Economy
Germany
France
UK
1,976,240
1,409,604 i
1,552,437
23,956
23,714
26,376
2,171,624
1,554,483
1,510,997
26,324
26,151
25,672
1.1ii
2.7
1.0
Value added in industry (% of GDP), 2003
29.4ii
24.5
26.6
Value added in services (% of GDP), 2003
ii
69.4
72.8
72.4
1.1
1.2
3.2
Private consumption (% of GDP), 2003
58.6ii
55.6 iii
65.6
Government consumption (% of GDP), 2003
19.3
GDP
a
GDP total (millions US$), 2002
GDP per capita (US$), 2002
PPP GDP total (millions int. US$), 2002
PPP GDP per capita(int. US$), 2002
b
Sectors
Value added in agriculture (% of GDP), 2003
c
Miscellaneous
GDP implicit price deflator (annual % growth), 2004
i
ii
24.3
Notes: Data include the French overseas departments of French Guiana, Guadeloupe, Martinique, and Réunion.
1
21.1
ii
iii
2003, 1994.
United Nations Statistics Division:
Statistics Division and Population Division of the UN Secretariat; b Statistics Division and Population Division of the UN
Secretariat; c Population Division of the UN Secretariat; d1 UNESCO ; d2 UNESCO; e1 ILO; e2 ILO/OECD
2
World Bank - Data and Statistics:
a
Quick Reference Tables; b Data Profile Tables ; c Country at a Glance
a
4
1.3 Public Spending
Germany
France
UK
Education (% of GNP), 1985-1987
..
5.5
4.8
a
Education (% of GNP), 1995-1997
4.8i
6i
5.3i
a
Public expenditures
3
Health (% of GDP), 1990
5.9
6.7
5.1
Health (% of GDP), 1998
7.9ii
7.3 ii
5.8ii
Military (% of GDP), 1990
2.8 iii
3.5
3.9
b
Military (% of GDP), 2000
1.5
2.6
2.5
b
Total debt service (% of GDP), 1990
..
..
..
Total debt service (% of GDP), 2000
..
..
..
Notes: .Data may not be strictly comparable with those for earlier years as a result of methodological changes, Data refer to 1999,
i
ii
iii
Data refer to the Federal Republic of Germany before reunification.
1.4 Public Sector Employment and Wages
Germany
1991-1995
Data from the latest year available
Germany
1996-2000
European
Union
Average4
1996-2000
High income
OECD
average4
1996-2000
High income
group
average4
1996-2000
4.1
..
2.8
4.1
..
2.8
1.2
..
1.3
1.2
..
1.1
..
..
..
0.5
..
0.5
..
..
..
..
..
..
Employment
Civilian Central Government5
Sub-national Government5
Education employees
Health employees
Police
Armed forces
SOE Employees
Total Public Employment
(,000)
828
..
(% pop.)
1.0
..
4,193
..
(,000)
(% pop.)
5.1
..
(,000)
..
..
(% pop.)
..
..
(,000)
..
..
(% pop.)
..
..
(,000)
..
..
(% pop.)
..
..
(,000)
340
231
(% pop.)
0.4
0.3
(,000)
..
..
(% pop.)
..
..
(,000)
..
..
(% pop.)
..
..
Total Central gov't wage bill
(% of GDP)
1.0
..
3.6
..
4.2
Total Central gov’t wage bill
(% of exp)
7.9
7.6
12.8
..
16.4
Average gov't wage
(,000 LCU)
41
..
Real ave. gov’t wage ('97 price)
(,000 LCU)
42
..
0.9
..
..
..
..
Average gov’t wage to per capita GDP ratio
Source: World Bank - Public Sector Employment and Wages
3
UNDP - Human Development Report 2002
Data refer to total public expenditure on education, including current and capital expenditures.
As a result of a number of limitations in the data, comparisons of military expenditure data over time and across
countries should be made with caution. For detailed notes on the data see SIPRI (2001).
4
Averages for regions and sub regions are only generated if data is available for at least 35% of the countries in that
region or sub region.
5
Excluding education, health and police – if available (view Country Sources for further explanations).
a
b
5
2. Legal Structure
There are the five "constitutional bodies", i.e. the Bundestag and Bundesrat with
responsibility for legislation (constituting the legislative branch of government), the
Federal Constitutional Court with responsibility for supreme court decisions
(constituting the judicial branch of government), and finally the Federal President
and the Federal Cabinet with responsibility for executive tasks (constituting the
executive branch of government).
The Basic Law (= Grundgesetz – GG) dated 23 May 1949, provides the governs
structure of the state and of the public administration in Germany in accordance with
the following principles: (i) Federal state: The Länder are members of the Federation
retaining sovereign state power of their own; (ii) Self-government for local
authorities: The local authorities are guaranteed a high degree of administrative
autonomy in local matters; and (iii) Separation of powers: the legislative, executive
(government and administration) and the judiciary are each allocated to separate
institutions.
Source: the federal government of Germany (2005) & UN International:
Profiles of national public administration: Germany (2001) (edited)
2.1 Legislative Branch
bicameral Parliament or Parlament consists of the Federal Assembly or Bundestag (613 seats; elected by
popular vote under a system combining direct and proportional representation; a party must win 5% of
the national vote or three direct mandates to gain representation; members serve four-year terms) and
the Federal Council or Bundesrat (69 votes; state governments are directly represented by votes; each
has 3 to 6 votes depending on population and are required to vote as a block)6
Women in parliament: lower house 195 out of 614 seats (31.8%) and 13 out of 69 (18.8%)7
The legislative branch consist of the Bundestag and
Bundesrat. The Members of the Bundestag are elected in
general, direct, free, equal and secret elections for a period of
four years (electoral term) (Arts. 38, 39 of the Basic Law);
For the elected candidates, the Bundestag constitutes a
mandate to represent the interests of the people as a whole
and thus, through the system of representative democracy
enshrined in the Basic Law, to realize the rule of the people by
the people. They carry out this mandate by appointing the
Government and the members of the other constitutional
organs as well as scrutinizing the work of the executive,
passing laws, to approving the budget.
The Bundestag is composed of at least 598 Members, of
whom 299 are elected in the constituencies and a further 299
via lists of candidates drawn up by the political parties in each
Land or federal state. Constituency boundaries, however, may
be changed by law on the basis of proposals by a so-called
boundaries commission in order to adapt constituencies to
demographic changes.
Source: Deutscher Bundestag (2005)
6
7
8
Source of fact boxes if nothing else stated: The World Factbook – Germany
Inter-Parliamentary Union - Women in National Parliaments
Source of fact boxes if nothing else stated: The World Factbook – Germany
6
elections:
Federal
Assembly - last held 18
September 2005 (next
to be held September
2009); note - there are
no elections for the
Bundesrat; composition
is determined by the
composition
of
the
state-level
governments;
the
composition
of
the
Bundesrat
has
the
potential to change any
time one of the 16
states holds an election
election results: Federal
Assembly - seats by
party - CDU/CSU 225,
SPD 222, FDP 61, Left
54, Greens 51; Federal
Council
current
composition – NA. 8
The Bundesrat has a total of 69 full members and the same number of votes.
Accordingly, thirty-five votes are needed for an absolute majority, generally needed
to take a decision, and forty-six for the two-thirds majority occasionally required.
The number of votes that a state has in the Bundesrat are weighted as a function of
each state's population, although this is not the only factor. The votes of each state
must be cast en bloc, as stated in the Basic Law.
Source: Bundesrat (2005) – (edited)
2.2 Executive Branch
cabinet: Cabinet or Bundesminister (Federal Ministers) appointed by the president on the recommendation
of the chancellor
elections: president elected for a five-year term by a Federal Convention including all members of the
Federal Assembly and an equal number of delegates elected by the state parliaments; election last held 23
May 2004 (next to be held 23 May 2009); chancellor elected by an absolute majority of the Federal
Assembly for a four-year term; election last held 22 November 2005 (next to be held November 2009)
election results: Horst KOEHLER elected president; received 604 votes of the Federal Convention against
589 for Gesine SCHWAN; Angela MERKEL elected chancellor; vote by Federal Assembly 397 to 202 with
12 abstentions
The provisions of the Basic Law form the framework for the
exercise of government powers, including those of executive
government. The executive government, i.e. the Cabinet,
consists of the Chancellor and the Federal Ministers (Article
62, Basic Law). The status of the head of government as a
key political figure has been stressed. In contrast to the
Federal Ministers, he is elected by the majority of the
Bundestag and, as such, has a higher level of political
authority than anyone else in the Cabinet.
Fact box:
chief of state: President
Horst KOEHLER (since 1
July 2004)
head of government:
Chancellor Angela
MERKEL (since 22
November 2005)
The Chancellor is elected by the Bundestag in accordance with Article 63. The
Federal President is allowed to propose a candidate only in the first round of voting.
If there is no absolute majority in the first round of voting the Bundestag has
fourteen days time in which it can elect a Chancellor in as many rounds of voting as
desired. Here again an absolute majority is needed to win (Article 63, 3, Basic Law).
If this second phase fails to produce the desired result the parliament must vote
without delay in a third phase. If the candidate for Chancellor receives only a relative
majority the President is required to step in. He must either appoint the candidate
for Chancellor who received the largest number of votes or he must dissolve the
Bundestag (Article 63, 4, Basic Law).
Executive power is personified by the Chancellor. Under Article 64 of the Basic Law
the formation of a Cabinet is the prerogative of the Chancellor, who proposes the
candidates to the Federal President. The Chancellor also appoints a Deputy
Chancellor (Article 69, Basic Law). This function is assumed by a Federal Minister,
usually the Minister for Foreign Affairs. In case of an attack on the country the
Chancellor has command of the armed forces (Article 115h, Basic Law).
Source: Federal Government of Germany – Functions and constitutional basis - (2006)
7
2.3 Judiciary Branch
Federal Constitutional Court or Bundesverfassungsgericht (half the judges are elected by the Bundestag
and half by the Bundesrat)
The organization of the judiciary in Germany, as stated in the Basic Law is that: (i)
judicial power is vested in the judges. It is exercised by the Federal Constitutional
Court, the federal courts provided for in the Basic Law, and the courts of the Länder
(regional administrations); and (ii) as federal judges (and federal prosecutors) are
generally only employed in the supreme federal courts, the portion of judges (and
prosecutors) in the federal services is small, amounting to just below 5%. The other
public prosecutors and judges of the ordinary jurisdiction (civil and criminal justice,
voluntary jurisdiction), the jurisdiction of labour courts, social courts, administrative
courts, and tax courts are servants of the Länder forming the Federal Republic of
Germany.
The Federal Constitutional Court (Bundesverfassungsgericht, BverfG) consists of two
panels, each with eight judges, half of whom are elected by the Bundestag, and half
by the Bundesrat. Each judge serves for 12 years and may not be reelected. The
Federal Constitutional Court guards over adherence to the Basic Law. It is the
supreme organ of constitutional jurisdiction, politically independent from all other
constitutional organs. It is activated only on application. Decisions by the BverfG are
non-appealable and binding for all other organs of state.
The Federal Constitutional Court also rules on disputes between central government
and the states or between individual federal institutions. It checks whether federal
and state laws can be reconciled with the Basic Law. If it declares a law to be null
and void, the latter may no longer be applied. In addition, the Federal Constitutional
Court is empowered to determine whether a particular party is a threat to the free
and democratic constitutional order and is thus unconstitutional.
Ordinary courts are responsible for criminal matters, civil matters (such as disputes
arising from contracts under private law, e.g., sale or rental agreements),
matrimonial or family proceedings and non-contentious legal proceedings, for
instance, guardianship matters. There are four levels: the local court (Amtsgericht),
the regional court (Landgericht), the higher regional court (Oberlandesgericht) and
the Federal Court of Justice (Bundesgerichtshof). In civil proceedings, either the
local or the regional court can be court of first resort. Appeals may be lodged with up
to two higher courts.
In addition, there are Labor courts disputes under private law arising from
employment contracts and between management and labor force), Administrative
courts (jurisdiction of the administrative courts extends to offer legal protection
against all administrative acts and other administrative proceedings), and social and
financial courts (social courts rule on disputes from all areas of social security).
Source: Federal Foreign Office – Fact about Germany: the
legal system (2005) & Dieter Haschke, local government
administration in Germany (1998) – edited
8
2.4 Local Government
Constitutional foundations of local autonomy in the Federal Republic of Germany is
guaranteed in Article 28 of the Basic Law and in the corresponding provisions of the
Land constitutions. According to this Article the constitutional order of the Länder
must conform to the principles of the republican, democratic and social state
governed by the rule of law. In the Länder, districts and municipalities the people
must have a parliament, according to Article 28 (1) of the Basic Law, elected by
general, direct, free, equal and secret ballots. Thus, the requirements of Federal
elections are also constitutionally required for the Länder and local authorities. Article
28 (2) of the Basic Law guarantees the municipalities local autonomy by granting
them the right to manage all their own affairs.
The division of state powers between the Federation and the Länder follows the
fundamental rule that the exercise of state powers and the performance of state
functions is a matter for the Länder insofar as the Basic Law does not prescribe or
permit otherwise (Article 30 GG). Accordingly, the main force of the legislative lies
with the Federation, and the focus of the administration with the Länder. The Länder
influence the legislation and administration of the Federation, as well as matters
concerned with the European Union, through the Federal Council (Bundesrat).
The structure of the Administration consist of three main independent levels can be
distinguished as a basic layout in the structure of the administration: (i) the
administration of the Federation; (ii) the administration of the Länder (16 Länder);
and (iii) the administration of the local authorities (439 districts and non-county
municipalities and 14,308 local authorities). In principle, each of these administrative
areas has its defined group of functions. There is no hierarchical pyramid of agencies
from local authority through the respective Land to the Federation. Neither the
Federation nor the Länder have a fully developed general administrative apparatus of
authorities reaching down to the local level.
Source: UN International: Profiles
administration: Germany (2001)
of
national
public
The following sovereign rights largely belong to the responsibility of the municipality
and they cannot be infringed by the Federation or the Länder within the limits of
higher laws: (i) personnel sovereignty (this grants the municipalities the right to
select, engage, promote and dismiss staff); (ii) organisational sovereignty (this
encompasses the right for the municipalities to organise the administration
themselves); (iii) planning sovereignty (this grants the municipalities the power to
organise and shape municipality territory under their own responsibility by drawing
up urban development plans); (iv) legislative sovereignty (this entails the right to
pass municipality bylaws); (v) financial sovereignty (this entitles the municipalities to
be responsible for managing their income and expenditure); (vi) tax sovereignty
(this grants the municipalities the right to raise taxes (provided that this right has
not been revoked by a higher law).
Source: Dieter Haschke, local government administration in Germany (1998)
9
3. The State and Civil Society
3.1 Ombudsperson
Decisions taken by public administration can be legally disputed before
administrative courts. The administrative courts system is an independent three-tier
system of first instance courts, appeal courts (as Land courts) and one specialized
Supreme Court (Federal Administrative Court). The administrative courts system is
highly developed, meaning that several hundred thousand individual cases are
brought up each year before administrative courts. Administrative judges have the
power to recall administrative decisions and are in a position to order public
authorities to take lawful actions. The administrative courts system is by far the most
important means to dispute administrative actions in Germany, but there is also in
some Länder an ombudsman institution or their commissioners, like the data
protection commissioners.
Source: Source: UN International: Profiles of national public
administration: Germany (2001)
3.2 Civil Society
In Germany, there is a long tradition of public welfare voluntary work. The work is
very varied and is to be found in all areas of social, societal and political life, and has
always served to strengthen ties within society. Around 34 percent of Germans
perform honorary roles, voluntarily undertaking tasks for the community for which
they receive no remuneration. In addition, outside family life and their occupations,
the same number of citizens is active in associations, clubs, projects, initiatives and
groups, without performing specific functions under the aegis of these organizations.
The organizations with the longest tradition of voluntary social work are the
foundations. As opposed to clubs, these have a material basis, their purpose is
expressed in the “founder’s wish”, as it is referred to, and their legal position is
determined by the German Civil Code and the laws of the respective federal state.
Since the mid-1990s, a new type of foundation, the civil foundation, has been
emerging, of which there are currently some 35. In this case a voluntary syndicate
creates a foundation capital, and the voluntary work performed is normally restricted
to a specific geographical area and social purpose.
Donations to charitable and welfare causes are commitments to the community. The
German Donation Institute estimates that € 5 billion is donated annually, a sum
which has remained steady since 1990. Around 25 percent of donations are
channeled into social causes, about 15 percent awarded to religious communities,
disaster relief and environmental organizations.
Source: Federal Foreign Office – Fact about Germany: civil
and voluntary commitment (2001)
Non-governmental organisations or NGOs that provide social and health services are
churches, non-profit agencies and to a lesser extent commercial service-providers.
They are highly active in the following fields: (i) Youth welfare (kindergarten,
children’s and young people’s homes, institutions for disabled children and young
people and others). The Youth Welfare Act affords priority to the institutions of the
10
independent agencies. For example 64% of kindergartens were operated by
independent child and youth welfare agencies in 1994 in the old Federal territory;
and (ii) Hospitals (hospitals operated by non-profit organizations or commercial
enterprises). Non-public institutions also exist in the field of education (private
schools and higher education institutions), but public schools and public universities
play an more dominate role in this regard.
All disputes involving human rights issues can be brought up directly to the Federal
Constitutional Court. However, some NGOs are active with respect to the situation
and the rights of immigrants (asylum seekers).
Source: UN International: Profiles of national public administration: Germany (2001)
11
4. Civil Service
Germany’s administrative system is to a large extent framed by the country’s
constitutional principles. These are - as far as the public sector is concerned federalism which defines the states (“Länder”) as members of the Federation yet
retaining a sovereign state power of their own and local self-government which
mainly operates on two levels, that of the local authorities and of the counties.
Due to these prevailing constitutional principles, German public administration is
considerably varied and complex. This framework has given rise to a whole variety of
subnational peculiarities which diverge more or less in their administrative cultures.
Nevertheless, the core elements of the German civil service are relatively uniform for
the public servants at all levels of government.
Source: Civil Service in Germany: Characteristics of Public Employment and
Modernization of Public Personnel Management, paper presented at meeting
Modernization of State and Administration in Europe: A France-German
Comparison (2004)
4.1 Legal basis
The employment of civil servants is governed by legislation, which include the right
to determine the legal status of all public servants according to article 75, paragraph
1, Basic Law, as part of general legislation (“Rahmengesetzgebung des Bundes”) and
to make decisions relating to pay and pensions for civil servants according to article
74a, paragraph 1, Basic Law, as part of concurrent legislation (“konkurrierende
Gesetzgebung”).
Employment in the public service is based on a contract of employment under
private law. Most of these conditions are set out in collective agreements negotiated
between the public employers (Federation/Länder/local authorities) and the
responsible trade unions. In Germany, three types of employment exist in the
performance of public tasks: (i) statutory civil servants (Beamte), judges and
soldiers; (ii) contract staff employed under private law (Angestellte); and (iii) wage
earners (Arbeiter).
Source: UN International: Profiles of national public administration: Germany & Civil service in Germany: Characteristics
of Public Employment and Modernization of Public Personnel Management, paper presented at meeting Modernization of
State and Administration in Europe: A France-German Comparison (2004) - edited
4.2 Recruitment
The civil servants law provides for a career system with four career categories
(administrative, executive, clerical and sub-clerical service). Recruitment for these
careers is based on career provisions, which include the conditions as regards
education and training for the individual careers. Employment of civil servants is in
principle a life time tenure. There is no central unit responsible for recruiting civil
servants or public employees. Each ministry at the federal level, each state, and
each local authority has the right to recruit its staff members itself.
Applicants are generally appointed on the basis of their individual knowledge and
abilities. Suitability for the specific job and not for a career path is decisive.
Employment is based on unlimited or time limited contracts. Suitable candidates for
12
vacant posts are selected through competition. There is no central unit being
responsible for recruiting civil servants or public employees. Each ministry at the
federal level, each state, and each local authority has the right to recruit its staff
members itself.
Source: UN International: Profiles of national public administration: Germany (2001)
4.3 Promotion
The German career system for civil servants is divided into four standard career
structures which are the administrative class (“höherer Dienst”), the executive class
(“gehobener Dienst”), the clerical class (“mittlerer Dienst”) and the sub-clerical-class
(“einfacher Dienst”).
Each career class consists of five grades, each with a rising pay scale within the
”Salary Regulation A” (White and Löffler 1998:11 and Röber 1996:173). The main
characteristic of the ”Salary Regulation A” is increments on the basis of a seniority
allowance. In contrast to the salary system of ”Regulation A”, top positions in the
civil service - which are related to the leading grades in the administrative class - are
remunerated according to a special ”Salary Regulation B” which does not contain any
increments for seniority, i.e. income is irrespective of the officer’s age or length of
service. In keeping with the basic principles of a merit-based career system,
entrance for civil servants to the civil service classes is strictly linked to certain
formal qualification requirements.
Source: Civil Service in Germany: Characteristics of Public Employment and Modernization of Public
Personnel Management, paper presented at meeting Modernization of State and Administration in
Europe: A France-German Comparison (2004)
Some officials in the hierarchy are considered political civil servants. Political civil
servants that hold an office must be permanently in agreement with the fundamental
political aims of the government, and can be placed in temporary retirement at any
time without stating reasons.
There are a specific, relatively small, number of political civil servants. Only 413 of
the 130,000 federal civil servants are political. Political civil servants in the Federal
administration are, for instance, Permanent State Secretaries, Under-Secretaries of
State in the ministries, senior civil servants in the Foreign Office and in the security
services. The system of control is attached to the audit courts system. There is a
Federal audit court and each Land does have its own audit courts.
Source:: UN International: Profiles of national public administration: Germany
(2001) & Civil Service in Germany: Characteristics of Public Employment and
Modernization of Public Personnel Management, paper presented at meeting
Modernization of State and Administration in Europe: A France-German
Comparison (2004)
4.4 Remuneration
The legislative competence for the public service lies primarily with the Federation.
Public service employment is largely the same in the Federation, in all Länder and
local authorities. The Federation has legislative competence in respect of general
employment conditions, remuneration and pensions for all civil servants in Germany.
For contract employees, the Federal Employees’ Collective Agreement applies to
employees in Federal, Länder and local authorities.
13
Employees in the public service are obligated by law to be insured in the statutory
social insurance. Employees and employers contribute equally to finance social
insurance in accordance with the applicable contribution, which is a specified
percentage of the gross income.
Source: UN International: Profiles of national public administration: Germany
(2001)
4.5 Training
The German civil servants’ professional profile is largely shaped by the existing
system of professional education and recruitment. There is no special education or
training for the administrative class. This also applies to the training of the
”executive class”, which is guided by each state (“Land”) which have their own
colleges of public administration.
The highly decentralised structure of the German federal system is also reflected by
the “Länder’s” efforts at forming their own administrative elite. They organise, in
addition to the training for leading civil servants offered by the Federal Academy of
Public Administration (“Bundesakademie für öffentliche Verwaltung”), their own
training programmes lasting between 14 and 15 months, e.g. in Bavaria since 1968
or in Baden-Württemberg since 1986.
Contrary to the ”old” German “Länder”, the transformed administration in East
Germany was largely lacking law-trained and public service-experienced personnel.
Due to the fact that a special administrative education for public employees had, for
ideological reasons, been rejected in the former German Democratic Republic (GDR)
public employees, who had been taken over from ”old” GDR-authorities, were usually
holding technical, economic or other ”nonadministrative” degrees. Hence, the new
administrative leaders in East German local authorities stand in marked contrast to
their West German counterparts, the majority of whom are trained in law or hold
public administration-related degrees. Responding to this ”qualification gap”,
immediately after reunification extensive programmes of training and further
qualification have been launched in order to make East German administrative actors
familiar with some basic structures of the German law and administrative business.
Source: Civil Service in Germany: Characteristics of Public Employment and
Modernization of Public Personnel Management, paper presented at meeting
Modernization of State and Administration in Europe: A France-German
Comparison (2004)
4.6 Gender
Source:
4.7 Reunification of Western and Eastern civil services
After the German reunification further 1,8 Million public servants coming from East
German public institutions joined the civil service. Accordingly, in 1991 there were
6,7 Million civil servants, that is 84 public servants per 1.000 inhabitants. In
addition, the East German “Länder” are employing comparatively more public
personnel in social services and in the public health sector than the West German
14
“Länder” do. In West Germany, by contrast, a stronger emphasis is laid on
education, science and research.
In East German communes, public employment was soaring after reunification. This
primarily refers to the fact that the social and cultural facilities of the former GDR,
which had been managed by state institutions or national owned enterprises and,
were (re)transferred to the communes (”recommunalised”). As a result, East German
municipalities had significantly more public personnel than comparable West German
communes. Thus, in 1991, the ”personnel density” at local level in East Germany,
which amounted to 42 public servants per 1.000 inhabitants, was the double of that
in West Germany.
Source: Civil Service in Germany: Characteristics of Public Employment and
Modernization of Public Personnel Management, paper presented at meeting
Modernization of State and Administration in Europe: A France-German
Comparison (2004)
15
5. Ethics and Civil Service
5.1 Corruption
2003 CPI Score relates to perceptions of the degree of corruption as seen by
business people and country analysts and ranges between 10 (highly clean) and 0
(highly corrupt).
Corruption Perceptions Index
2003 CPI
Score
Surveys
Used
Standard
Deviation
High-Low
Range
Number
Inst.
90 percent
confidence
range
Rank
Country
1
Highly clean
9.7
8
0.3
9.2 - 10.0
4
9.5 - 9.9
16
Germany
7.7
11
1.2
4.9 - 9.2
7
7.1 - 8.2
133
Highly corrupt
1.3
8
0.7
0.3 - 2.2
6
0.9 - 1.7
Source: Transparency International - Corruption Perceptions Index 2003
Surveys Used: Refers to the number of surveys that were used to assess a country's performance. 17 surveys were
used and at least 3 surveys were required for a country to be included in the CPI.
Standard Deviation: Indicates differences in the values of the sources. Values below 0.5 indicate agreement, values
between 0.5 and c. 0.9 indicate some agreement, while values equal or larger than 1 indicate disagreement.
High-Low Range: Provides the highest and lowest values of the sources.
Number Institutions: Refers to the number of independent institutions that assessed a country's performance. Since
some institutions provided more than one survey.
90 percent confidence range: Provides a range of possible values of the CPI score. With 5 percent probability the score
is above this range and with another 5 percent it is below.
Crimes committed by civil servants are prosecuted under criminal law before
ordinary courts. Crimes, which fall under criminal prosecution, are, e.g., bribery,
misuse of official position and acceptance of undue advantages.
Source: UN International: Profiles of national public administration: Germany (2001)
5.2 Ethics
There is no separate code of ethics for civil servants. The general principles, which
govern the employment relationship of civil servants, are incorporated into the
general civil service statutes. These principles are: (i) to exercise their office
impartially and justly, not seeking their own advantage, in line with the common
good and loyalty; (ii) to serve unreservedly and at any time; (iii) no right to strike;
(iv) to advise and obey; (v) employment of civil servants is a life time tenure: (vi)
the duty of the employer to take care of its civil servants and their families; and (vii)
suitable payment and pension provision according to rank (maintenance principle).
The duty to serve and loyalty are the main duties incumbent upon a civil servant. In
his/her oath of office, which each civil servant has to take, they swear to “carry out
their duties conscientiously”. Civil servants are to place their entire working capacity
at their employer’s disposal.
Source: UN International: Profiles of national public administration: Germany (2001)
16
6. e-Government
1
0.9
0.8
0.7
0.6
0.5
0.4
0.3
0.2
0.1
Web Measure Index:
A scale based on
progressively
sophisticated web
services present.
Coverage and
sophistication of stateprovided e-service and
e-product availability
correspond to a
numerical classification.
an
a
da
SA
C
U
Ja
pa
n
U
ce
K
0
G
er
m
The index is comprised
of three sub-indexes:
Web Measure Index,
Telecommunications
Infrastructure Index and
Human Capital Index.
e-Government Readiness Index
Fr
an
The index refers to the
generic capacity or
aptitude of the public
sector to use ICT for
encapsulating in public
services and deploying
to the public, high
quality information
(explicit knowledge) and
effective communication
tools that support
human development.
6.1 e-Government Readiness
an
y
e-Government
Readiness Index:
Source: United Nations – World Public Sector Report 2003
Web Measure Index
Telecom. Infrastructure Index
Human Capital Index
1
0.9
0.8
0.6
0.5
0.4
0.3
0.2
0.1
C
an
a
da
SA
U
Ja
pa
n
Fr
a
U
nc
e
K
0
m
an
y
Primary indicators are:
PC’s, Internet users,
online population and
Mobile phones.
Secondary indicators
are TVs and telephone
lines.
0.7
G
er
Telecommunications
Infrastructure Index:
A composite, weighted
average index of six
primary indices, based
on basic infrastructural
indicators that define a
country's ICT infrastructure capacity.
Source: United Nations – World Public Sector Report 2003
Human Capital Index:
A composite of the adult literacy rate and the combined primary, secondary and tertiary gross enrolment ratio, with two thirds of the weight
given to adult literacy and one third to the gross enrolment ratio.
17
6.2 e-Participation
e-Participation Index
1
0.9
0.8
0.7
0.6
0.5
0.4
0.3
0.2
0.1
C
an
ad
a
SA
U
Ja
pa
n
U
K
Fr
an
ce
an
y
0
G
Refers to the willingness, on the part of
the government, to
use ICT to provide
high quality information (explicit knowledge) and effective
communication tools
for the specific
purpose of empowerring people for able
participation in
consultations and
decision-making both
in their capacity as
consumers of public
services and as
citizens.
er
m
e-Participation
Index:
Source: United Nations – World Public Sector Report 2003
e-information:
The government
websites offer
information on
policies and
programs, budgets,
laws and regulations,
and other briefs of
key public interest.
Tools for disseminating of information
exist for timely access
and use of public
information, including
web forums, e-mail
lists, newsgroups and
chat rooms.
e-information
e-decision making
e-consultation
30
25
20
15
10
e-decision making:
5
ad
a
Ca
n
US
A
Ja
pa
n
UK
Fr
an
ce
an
y
0
G
er
m
The government
indicates that it will
take citizens input
into account in
decision making and
provides actual
feedback on the
outcome of specific
issues.
Source: United Nations – World Public Sector Report 2003
e-consultation:
The government website explains e-consultation mechanisms and tools. It offers a choice of public policy topics online for discussion with
real time and archived access to audios and videos of public meetings. The government encourages citizens to participate in discussions.
18
7. Links
7.1 National sites
Authority
Topic
Website of the Bundespresident
http://www.bundespraesident.de/
Deutscher Bundestag
http://www.bundestag.de/
Federal Government of Germany
http://www.bundesregierung.de/
Federal Foreign Office
http://www.tatsachen-ueber-deutschland.de/
Federal Constitutional Court
Das Deutschland Portal
hppt://www.bundesverfassungsgericht.de/
http://www.deutschland.de/
7.2 Miscellaneous sites
Institution
Topic
OECD
http://www.oecd.org
World Bank
http://www.worldbank.org
European Union
http://www.europa.eu.int
19