Dismissal of extremist civil servants becomes easier
Nine months after the draft bill was presented, it is passed by the Bundestag. The aim is to enable public service employees and members of the German armed forces to be dismissed more quickly if they share extremist opinions. This is also intended to help improve their image.
In future, employees with extremist and anti-constitutional views will be able to be removed from the civil service and the armed forces more quickly. The Bundestag passed two laws with the majority of the "Ampel" parliamentary groups, which are intended to speed up the previously lengthy disciplinary proceedings in such cases. The CDU/CSU and AfD voted against both laws, while the Left Party abstained. The coalition argues that the swift and effective punishment of misconduct in the civil service and the Bundeswehr is intended to strengthen the reputation of and trust in the integrity of these institutions.
Up to now, the employer in the civil service has only been able to remove a civil servant from their position through disciplinary action before the administrative court. According to the federal government, these proceedings take an average of four years, during which time those affected continue to receive a considerable portion of their salary.
Dismissal by disciplinary order in future
The new regulation provides for the authorities to be able to issue a disciplinary order against extremist civil servants themselves in future - which will then be subsequently reviewed by the administrative court. The order can include all disciplinary measures, including demotion, removal from civil servant status and withdrawal of pension. Those affected can lodge an appeal against the decision.
A similar procedure is provided for in the law on the accelerated removal of anti-constitutional temporary and professional soldiers from the Bundeswehr, which was also passed by the Bundestag. Until now, they could only be dismissed from the troops after the legally binding conclusion of disciplinary proceedings. In future, dismissal will be possible by means of an administrative act.
The prerequisite for such a dismissal is that the soldiers concerned "seriously pursue or support efforts that are directed against the free democratic basic order, the existence or security of the federal government or a state", as stated in the draft law.
Faeser does not want to allow the rule of law to be sabotaged "from within"
Federal Minister of the Interior Nancy Faeser welcomed the reform of disciplinary law in the civil service. "We are a strong democracy that knows how to defend itself against its enemies," she explained. Anyone who rejects the state cannot serve it. "We will not allow our democratic constitutional state to be sabotaged from within by extremists."
Every case of extremism in the public sector must have clear consequences - "especially to protect the reputation of the overwhelming majority of employees who stand up for our democracy on a daily basis". Faeser emphasized, however, that "of course" the legal protection of those affected would remain guaranteed even after the reform.
Criticism from civil servants' unions and the CDU/CSU parliamentary group
Civil servants' unions and the CDU/CSU parliamentary group criticized the new regulation on the civil service, saying that it leaves civil servants too unprotected at the discretion of their employer and shows a lack of trust in the civil service.
According to the federal government, 373 disciplinary measures were imposed in the federal administration in 2021. In relation to the total number of around 190,000 civil servants working for the federal government, this means that less than 0.2 percent suffered disciplinary consequences.
The Federal Civil Service Act imposes a duty of loyalty to the constitution on civil servants. This means that their entire conduct must be committed to the free democratic basic order as defined in the Basic Law and they must stand up for its preservation. A similar obligation applies to temporary and professional soldiers.
- The "Traffic light coalition" governments aim to make it easier to dismiss extremist civil servants and soldiers, which includes members of the German Armed Forces, due to their share of extremist opinions, as per the new laws passed by the Bundestag.
- Federal Minister of the Interior Nancy Faeser, a member of the "Traffic light coalition" government, commends the reform of disciplinary law in the civil service, stating that extremists should not be allowed to sabotage the rule of law from within.
- Some critics, such as civil servants' unions and the CDU/CSU parliamentary group, have criticized the new regulation on the civil service, arguing that it provides too much discretion to employers and shows a lack of trust in the civil service.
- The extreme right-wing opposition party, AfD, voted against both laws intended to speed up disciplinary proceedings against extremist civil servants and soldiers, advocating for less stringent measures.
Source: www.ntv.de
