Civil servants and collective bargaining employees can find answers about promotion, higher grouping and assessment in an initial overview of pay on the informative page  www.public-service.info.

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Civil service law: strict form, but reliable ...

Official secrecy, betrayal of secrets, end of career?
Learn  here are your duties and rights  know ... as a witness in court.

Assessments decide about the future career. Can you even challenge them with a "reasonable" chance of success? Is the assessment an administrative act? And how and within what deadlines?
Here, for example, the BVerwG had to intervene and clarify the following:

"If, despite the abolition of the objection procedure, the civil servant has a legally secure opportunity to reconsider his official assessment, he has the option of making use of it or filing a lawsuit immediately." BVerwG 2nd Senate, decision of June 18, 2009 2 B 64/08.

Transfer or implementation? This distinction is already important. Can you counter it? What is an office in the "legal status" sense, in the "abstract-functional" or in the "concrete-functional" sense? This is precisely what the chances of success of a lawsuit depend on.

Only a lawyer who is well versed in the field of public service law will guide you through the jungle of competences and legal remedies since the federal states passed the so-called bureaucracy reduction laws, and that in a rather inconsistent manner. Only your lawyer can reliably advise whether or not an objection procedure must be initiated in all of the above-mentioned cases. From this one can see with strange clarity the nonsense of abolishing the right of objection to the detriment of those seeking justice.
16 federal states have accommodated this matter in 16 "implementing laws" for the VwGO, with exceptions, time limits and sub-exceptions!

The so-called devolutive effect (= next higher authority decides) is no longer applicable in the remaining objection proceedings. According to the old law, the authorities did not budge. They are now encouraged to do so. The administrative courts and the citizens have to pay for it now.

But by no means every administrative act is a contestable administrative act, even if it is of great importance for the civil servant. For example, the "withdrawal of the service weapon" is of decisive importance for police officers. However, the whole thing against appearances is not a contestable administrative act, nor is the all-important judgment. Only your lawyer can reliably advise you whether and what you can do about it or in similar situations.

Why do I work specifically for the police, law enforcement agencies, the German armed forces, customs, justice and fire services?

Law enforcement officers in this professional field work in a particularly dangerous job. Not just in the classic labor or tort law sense. Rather, also with regard to physical and psychological stress (with the possible consequences of a "PTS") and the resulting special legal situation. In the event of an emergency, they are expected to be much more competent to act and judge; this is often the case with a particularly critical assessment in public. I have put this special legal burden up for discussion in ongoing scientific publications in: "Police in transition", Part I. - III. Criminalistics 1994 Volume 4, Volume 5 and Volume 6 as well as in the case of the former Frankfurt Police Vice-President Daschner in the murder of the child Jakob Metzler ",  see Criminology 2004  [1,565 KB], volume 5, page 334 ff.

Ask your lawyer: In addition to the criminal sanction, there is a risk of effects on the employment relationship, including job loss due to removal from service. And here is a helpful hint: If the officer threatens to be removed from the service, he can also get one for the criminal proceedings  Public defender  demand.

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And another example from the madhouse of practice and why I am particularly motivated in OK criminal matters.

Press release of the Federal Court of Justice No. 046/2021 from March 1st, 2021

Decision of November 23, 2020 - 5 StR 172/20

The Leipzig Regional Court sentenced the defendant to a fine for making a false, unofficial testimony and acquitted her of the further charge of perversion of the law in unity and obstruction of punishment in office.

The defendant was a senior public prosecutor and head of a department for the fight against organized crime and narcotics offenses.   According to the findings of the regional court, she conducted investigations against a group of perpetrators active in the Leipzig area and brought charges against two of the perpetrators for offenses against the Narcotics Act in the spring of 2015 at the Leipzig regional court. One allegation was based on information from a witness who had been questioned by police officers a few weeks earlier. She was heard as a witness at the main hearing before the Leipzig Regional Court about the circumstances in which this interrogation took place and how it was conducted. When explicitly asked, she said that she had nothing to do with the interrogation. In fact, although she was not present at the actual interrogation, she had taken part in an informal conversation immediately prior to the interrogation with the witness, his defense counsel and several police officers. In doing so, she was aware that this fact could be of importance for the judgment of the court.

The 5th criminal division of the Federal Court of Justice rejected the appeal of the defendants, as the review of the judgment did not reveal any legal errors to their detriment. The judgment is then final.  

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Application to the police? What to do when the policeman dream is over?

Read my interview at 123recht.de  here .

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                     EMPLOYMENT LAW

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In my professional life I have been responsible for writing around a thousand official assessments and references. Therefore, entrust me with your job reference (qualified or as an interim reference) for review. It is no secret that there is nonetheless a secret about the content of the job references that is used and understood between the authors. If necessary, I will advise and represent you up to the labor court when it comes to your justified objection to an unjust job reference.

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Terminations and / or changes to terminations are also a broad field that deals with your rights under the Dismissal Protection Act. Or with the mutual termination of your employment relationship with an optimal severance payment (which is by no means a matter of course) to avoid a blocking period  requires competent negotiation skills. The operational integration management ( BEM) during or after phases of illness must also be carefully supervised.

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                            DISCIPLINARY LAW

The disciplinary law, with the civil service laws of the states and the federal government, is quasi the labor law of the civil service. After an amendment on November 16, 2004, it is now divided into the administrative and judicial procedures and is essentially subject to administrative procedural law, the disciplinary laws of the federal and state governments and the VwGO. At least in court proceedings, legal advice and representation is indicated, as it cannot be less than the loss of one's job. But even the official procedure should not be underestimated in terms of importance. The more important are the possibilities and legal remedies that the Disciplinary Assistance can use:

For example, the 2nd Senate of the Federal Administrative Court made it clear with its decision of September 4, 2008 - 2 B 61/07 that an "out-of-court investigation procedure" can be of reduced importance if the lawyer disputes an alleged fact in a qualified manner. A remarkable and necessary decision by the court and thus an incentive for the lawyer and an occasion for you to seek legal advice as early as possible.

In disciplinary law, a special feature applies to the fees for your legal representation: After a  Judgment of the BVerwG from 2012, the lawyer's fees according to the Lawyers' Remuneration Act (RVG), Part 6, apply to the entire disciplinary procedure, without the lawyer being able to bill a judicial representation separately. I would therefore like to point out that I only take on a disciplinary mandate with a free fee agreement. Specifically, this means that the statutory fees according to the RVG and the fees to be reimbursed by your trade union or your legal protection insurance or the other party  Does not cover fee agreement. This financial overhang is your cost risk, which I will not reimburse you.

 
Can a lawyer tell his clients stories? Read my story on the pitfalls of disciplinary law and judge for yourself!  http://www.123recht.net/Gehtacutes-an-den-KAGEN-Lieber-Anwalt-fragen-a153140.html

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