Changing economic conditions, global financial crises and deficit-ridden budgets at the state and federal level are repeatedly giving rise to discussions about the meaning and purpose of the civil service. But it is also the public that no longer accepts the special features of civil service law uncritically. It is primarily financial considerations that give rise to calls for the abolition or at least limitation of the civil service to a core area of government tasks. However, this discussion, which is also emotional in parts, fails to recognize the special legitimacy that is based on the special requirements for state services and entitlements. The civil service is still an integral part of a modern state.
The two aspects are indispensably intertwined. It is imperative, however, that the civil service does not disguise itself from social development trends, but rather takes them up, uses them as an opportunity for change and is open to them. It also seems to be in the nature of things, however, that criticism of civil servants does not always exist in principle, but seems to depend on developments over time. This phenomenon can primarily be observed whenever there is a crisis in the economy. Then the discussion about reducing bureaucracy and the demand for "less government" begins. Of course, this is only the case where the state does not provide any services. In the Federal Republic of Germany, civil service and the public sector are regarded as a special feature. With 1.7 million civil servants and 3.3 million salaried employees nationwide, the proportion of civil servants in the public sector is much lower than in other European countries.
The extent to which the employment of white-collar workers in the public sector is actually more cost-effective than that of civil servants remains controversial. It is a little-studied scientific field so far. During the civil servant's active phase, the state does not have to pay any social benefits and only has to grant the civil servant an allowance in the event of illness.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- Historical development of the professional civil service
- Constitutional considerations
- Reservation of function under Art. 33 sec. 4 GG
- The traditional principles of the professional civil service (Art. 33 sec. 5 GG)
- Comparison: Civil servants and civil servants
- Pros and cons of the professional civil service
- Contra arguments
- Pro arguments
- General information on reform considerations in the public sector
- Performance-based payment
- Study Commission for the Reform of the Civil Service
- Expert Commission on Criticism of State Tasks (so-called "Scholz - Commission")
- Bull Commission
- Conclusion
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
The main objective of this term paper is to examine the question of whether the professional civil service is still up-to-date in the 21st century. It also delves into the necessity of a fundamental reform for the institution. The paper investigates the historical development of the professional civil service, explores constitutional considerations and social developments, and analyzes the current discussion in Germany regarding a lean and effective state.
- The historical development of the professional civil service in Germany
- Constitutional considerations and legal principles
- The current debate regarding reform and efficiency of the civil service
- The pros and cons of the professional civil service
- The impact of social developments on the civil service
Zusammenfassung der Kapitel (Chapter Summaries)
The introduction sets the stage by highlighting the ongoing debate about the relevance and purpose of the professional civil service. It emphasizes the public's growing skepticism toward its special features, particularly in light of financial considerations and demands for a leaner state. This debate, however, often overlooks the unique legitimacy that stems from the specific requirements for state benefits and entitlements. The professional civil service remains an essential component of a modern state, intertwined with these aspects. However, the paper emphasizes the need for the professional civil service to adapt to social development trends, utilize them as opportunities for change, and remain open to them.
Chapter two delves into the historical emergence of the German civil service, tracing its roots to the modern concept of the state and the initiatives of the Great Elector in Brandenburg-Prussia. The chapter highlights the pivotal role of Frederick William I in establishing the professional civil service, a move that challenged the existing Estates order and its perceived corruption and incompetence. This period saw the rise of the "public servant" as a figure distinct from the "princely servant," emphasizing the notion of expertise, duty, and incorruptibility. The relationship between the state and its servants, however, remained largely one of uncritical submission. The chapter then explores the growing criticisms of the civil service from the bourgeoisie, culminating in the "bureaucracy crisis" of 1840, where complaints centered around the perceived excess and inflexibility of the civil service. Despite the criticisms, the professional civil service continued to evolve, with measures like consultation hours, transparency, and waiting rooms being introduced to address citizen grievances.
Chapter three examines the constitutional considerations that underpin the professional civil service in Germany. It dives into the reservation of function under Article 33, Section 4 of the Basic Law (Grundgesetz) and explores the traditional principles of the professional civil service as outlined in Article 33, Section 5. The chapter also compares the status of civil servants with that of employees in the public sector, highlighting the debate surrounding cost-effectiveness and the different financial implications of each model. It discusses the growing pension burden on the state and the ongoing discussion regarding the need for reform.
Chapter four explores the pros and cons of the professional civil service, analyzing the arguments both for and against its continuation. This section offers a balanced perspective, delving into the criticisms of the system, such as its perceived inflexibility, potential for bureaucratic inefficiency, and the increasing cost of pensions. However, it also highlights the positive aspects of the professional civil service, including its ability to ensure impartiality and neutrality, its focus on public service and stability, and its role in maintaining a skilled and experienced workforce. The chapter provides a nuanced discussion, acknowledging both the benefits and drawbacks of the existing model.
Chapter five delves into the ongoing discussion regarding reform considerations in the public sector. It explores various proposals and initiatives, including performance-based payment systems, the study commission for the reform of the civil service, and the Expert Commission on Criticism of State Tasks (Scholz Commission). The chapter also examines the recommendations of the Bull Commission, focusing on the various perspectives and approaches to improving the efficiency and effectiveness of the public service. This section offers a comprehensive overview of the reform debate, highlighting the diverse perspectives and proposals that have been put forward.
Schlüsselwörter (Keywords)
This work focuses on the professional civil service in Germany. The key themes include the historical development of the professional civil service, constitutional considerations, the debate surrounding reform, the advantages and disadvantages of the system, and the impact of social developments on the civil service. It also examines the relationship between civil servants and employees in the public sector, as well as the growing financial burden of pensions. The work discusses various reform proposals, including performance-based payment systems, the study commission for the reform of the civil service, and the Expert Commission on Criticism of State Tasks (Scholz Commission).
- Quote paper
- Jana Kuhlmey (Author), 2009, Is the civil service still in keeping with the times?, Munich, GRIN Verlag, https://www.hausarbeiten.de/document/1170055
