Public service both national and local in Europe is characterised by a great diversity and specificity . The institution of public service itself exists in all European countries, but the regulation differs considerably. This is due to several factors which are, among others, the structure of the State, conception of the notion of general interest, impact of decentralisation movements and cultural pluralism of local authorities. The regulation depends mainly on the weighting of the public law governed career system and the civil law governed employment system of public service. Most of the European countries have chosen a hybrid model. Thus, the field of law regulating the personnel of the public service is a mixture of public and civil law.
Three systems of regulation of public service can be observed across Europe, depending on the amount of implication of public law in the public service sector: the employment system (I.), the career system (II.) and hybrid systems (III.). It has to be stated though, that the realisation of pure systems do not exist and that every system is more or less hybrid.
Table of Contents
A. General Outline: Public Service Systems in Europe in Comparative Analysis
I. Employment System
II. Career System
III. Hybrid System
B. Regulation of Public Service in Germany and France
I. System of Legislation on the Matters of Municipal Service in Germany
1. German Civil Servant Law in the Legal System
a.) Legislative Competences
b) Legal Sources of Civil Servant Law
aa) Constitutional Provisions
(1) Article 33 para. 2 GG
(2) Article 33 para. 3 GG
(3) Article 33 para. 4 and para. 5 GG
bb) Legal Acts, Statutory Instruments and Administrative Regulations
2. Differences to the Regulation of Other Members of Public Service
II. System of Legislation on the Matters of Municipal Service in France
1. The Local Administration of the Communes
2. The French Concept of Public Services
a) The Notion of Public Service
aa) Definition
bb) The Principles of Public Services
(1) Continuity of the Service
(2) Adaptation of the Service
(3) Equality
b) Classification
aa) The Administrative Public Services (SPA)
bb) The Industrial and Commercial public Services (SPIC)
3. Legal Sources of Public Service Law
Objectives and Topics
This report provides a comparative analysis of public service regulation in European countries, with a primary focus on the systems in Germany and France to support local self-government implementation. It explores how different legal frameworks balance public and civil law to structure their administrative personnel.
- Comparative analysis of employment, career, and hybrid public service systems.
- Detailed examination of the German civil servant legal system and constitutional foundations.
- Analysis of the French concept of public services and its communal administration.
- Evaluation of constitutional principles governing civil service, such as the achievement principle and the principle of equality.
- Classification of public services into administrative and industrial/commercial categories.
Excerpt from the Book
Employment System
The position model consists in applying civil law to the public sector and especially to public service. Public service employees do not have a special status. Their employment relationship is governed by civil law and there are only marginal differences between the public sector and the private sector in the area of public service. This model has been almost completely realised in the United Kingdom and Sweden.
Chapter Summaries
A. General Outline: Public Service Systems in Europe in Comparative Analysis: An overview of the three primary models of public service regulation across Europe, highlighting the inherent diversity and the hybrid nature of most national systems.
B. Regulation of Public Service in Germany and France: A comparative study focusing on the specific legislative frameworks for municipal service in both countries, contrasting their different reliance on constitutional law and administrative doctrine.
I. System of Legislation on the Matters of Municipal Service in Germany: Explains the German civil servant law, the constitutional division of legislative powers, and the specific status of "Beamte" versus other public employees.
II. System of Legislation on the Matters of Municipal Service in France: Analyzes the French communal administration, the core concept of "service public," and the distinction between administrative and commercial public services.
Keywords
Public Service, Germany, France, Civil Servant Law, Municipal Service, Comparative Law, Employment System, Career System, Constitutional Provisions, Article 33 GG, Public Administration, Administrative Law, Local Self-Government, Communes, Public Service Principles.
Frequently Asked Questions
What is the primary focus of this work?
The work provides a comparative legal analysis of how public service systems are structured and regulated in European countries, particularly Germany and France.
What are the central thematic fields covered?
The document covers public service employment models, constitutional legislative competences, civil servant status, and the French concept of public services.
What is the research goal of this paper?
The goal is to support the implementation of general principles for the organization of local self-government in the Russian Federation by drawing on comparative European administrative experience.
Which scientific methodology is applied?
The author uses a comparative legal approach, analyzing primary constitutional texts, legislative acts, and administrative doctrines from Germany and France.
What is treated in the main part?
The main part details the "career system" in Germany, including Article 33 GG principles, and the "service public" doctrine in France, covering administrative vs. commercial public services.
Which keywords characterize this work?
Key terms include Public Service, Civil Servant Law, Municipal Service, Comparative Law, and administrative/constitutional principles.
How does the German "career system" differ from the "employment system"?
The career system involves civil servants with a special status governed by public law and lifelong employment, whereas the employment system applies standard civil law similar to the private sector.
What are the three pillars of the French public service concept?
The three pillars are the continuity of the service, the adaptation of the service, and the principle of equality.
Why is Article 33 GG significant for German public service?
It establishes fundamental constitutional principles, such as the achievement principle for hiring and the institutional guarantee of the professional civil service.
What distinguishes SPA from SPIC in the French system?
SPA (Administrative Public Services) are governed by public administrative law and unilateral decisions, while SPIC (Industrial and Commercial Public Services) relations are typically governed by civil/labour law.
- Arbeit zitieren
- Wolfgang Tiede (Autor:in), 2007, Regulation of Public Service in European Countries, München, GRIN Verlag, https://www.hausarbeiten.de/document/169724
