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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 expressionof 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.
FFEEDDEEDDEER R AALL R R EEPPUUBBLLIICC OOFF
GGEER R MMAANNYY PPuubblliicc AAddmmiinniissttrraattiioonn
CCoouunnttrryy PPrroof f iillee
Division for Public Administration and Development Management (DPADM)
Department of Economic and Social Affairs (DESA)
United Nations
February 2006
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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
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CountryClick here for detailed map
Source: The World Factbook – Germany
Government type federal republic
Independence
18 January 1871 (German Empireunification) unification of WestGermany and East Germany tookplace 3 October 1990; all fourpowers formally relinquished rights15 March 1991
Constitution
23 May 1949, known as Basic Law;became constitution of the unitedGerman people 3 October 1990
Legal system
civil law system with indigenousconcepts; judicial review of legislative acts in the FederalConstitutional Court; has notaccepted compulsory ICJ jurisdiction
Administrative divisions
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 defenseorganizations. Two devastating World Wars in the first half of the 20th century andleft the country occupied by the Allied powers of the US, UK, France, and the SovietUnion in 1945. With the advent of the Cold War, two German states were formed in1949: the western Federal Republic of Germany (FRG) and the eastern GermanDemocratic Republic (GDR). The democratic FRG embedded itself in key Westerneconomic and security organizations, the European Commission (EC), which becamethe 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 Warallowed for German unification in 1990. Since then, Germany has expendedconsiderable funds to bring Eastern productivity and wages up to Western standards.In January 1999, Germany and other EU countries introduced a common Europeanexchange currency, the euro.
Source: The World Factbook – Germany
GGeer r mmaanny
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The Federal Republic of Germany is located in the heart of Europe. The mostdensely-populated country in Europe, Germany is bordered by nine neighbouringstates since the unification of the two German states in 1990. The Federal Republicof Germany covers an area of 357,022 square kilometres. The longest distance fromnorth 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 nothave their origins in Germany. This corresponds to 8.9 percent of the totalpopulation. Ranking third in terms of total economic output, Germany is one of theworld’s leading economic nations. In terms of exports, Germany takes first placeworldwide. The country continues to offer a superbly developed infrastructure andwell-qualified work force. In addition, education, science and research are structuredin 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 inconjunction 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 thelabor market are intended to reduce ancillary labor costs and enhance economicgrowth, which, in comparison with other EU countries, is on a low level.
Source: Federal Foreign Office – Fact about Germany: civiland voluntary commitment (2001) - edited
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11.. GGeenneerraall IInnf f oorrmmaattiioonn
1.1 People Germany France UK 1
Population a
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
Sex ratio (males per 100 females), 2003 96 95 95
Average annual rate of change of pop. (%), 2000-2005 0.07 0.47 0.31
Youth and Elderly Population b
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
Human Settlements c
Urban population (%), 2001 88 76 90
Rural population (%), 2001 12 24 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
Education d
Total school life expectancy, 2000-2001 15.3i 15.4 16.3 1
Female school life expectancy, 2000-2001 15.1i 15.7 16.7 1
Male school life expectancy, 2000-2001 15.4i 15.1 15.8 1
Female estimated adult (15+) illiteracy rate (%), 2000 .. .. .. 2
Male estimated adult (15+) illiteracy rate (%), 2000 .. .. .. 2
Employment e
Unemployment rate (15+) (%), 2000 7.9ii 8.8 iii 5.5 iv 1
Female adult (+15) economic activity rate (%), 2001 49 48 b 53 a 2
Male adult (+15) economic activity rate (%), 2001 66 62 b 71 a 2
Notes:i1998/1999,
iiMonths of April,
iiiMonth of March and
ivMonth of March-May,
aAge 16+ years,
B2000.
1.2 Economy Germany France UK 2
GDP a
GDP total (millions US$), 2002 1,976,240 1,409,604 i 1,552,437
GDP per capita (US$), 2002 23,956 23,714 26,376
PPP GDP total (millions int. US$), 2002 2,171,624 1,554,483 1,510,997
PPP GDP per capita(int. US$), 2002 26,324 26,151 25,672
Sectors b
Value added in agriculture (% of GDP), 2003 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 69.4ii 72.8 72.4
Miscellaneous c
GDP implicit price deflator (annual % growth), 2004 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 ii 24.3 21.1
Notes: i Data include the French overseas departments of French Guiana, Guadeloupe, Martinique, and Réunion. ii 2003,iii1994.
1 United Nations Statistics Division: a Statistics Division and Population Division of the UN Secretariat; b Statistics Division and Population Division of the UNSecretariat; 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
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1.3 Public Spending Germany France UK
Public expenditures 3
Education (% of GNP), 1985-1987 .. 5.5 4.8 a
Education (% of GNP), 1995-1997 4.8i 6 i 5.3i a
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: i.Data may not be strictly comparable with those for earlier years as a result of methodological changes, ii Data refer to 1999, iii
Data refer to the Federal Republic of Germany before reunification.
1.4 Public Sector Employment and Wages
Data from the latest year available Germany
1991-1995Germany
1996-2000
EuropeanUnion
Average4 1996-2000
High incomeOECD
average4 1996-2000
High incomegroup
average4 1996-2000
Employment
(,000) 828 ..Civilian Central Government5 (% pop.) 1.0 .. 4.1 .. 2.8
(,000) 4,193 ..Sub-national Government5
(% pop.) 5.1 .. 4.1 .. 2.8
(,000) .. ..Education employees
(% pop.) .. .. 1.2 .. 1.3
(,000) .. ..Health employees
(% pop.) .. .. 1.2 .. 1.1
(,000) .. ..Police
(% pop.) .. .. .. .. ..
(,000) 340 231Armed forces
(% pop.) 0.4 0.3 0.5 .. 0.5
(,000) .. ..SOE Employees
(% pop.) .. .. .. .. ..
(,000) .. ..Total Public Employment
(% 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 ..
Average gov’t wage to per capita GDP ratio 0.9 .. .. .. ..
Source: World Bank - Public Sector Employment and Wages
3 UNDP - Human Development Report 2002
a Data refer to total public expenditure on education, including current and capital expenditures.b As a result of a number of limitations in the data, comparisons of military expenditure data over time and acrosscountries 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 thatregion or sub region. 5
Excluding education, health and police – if available (view Country Sources for further explanations).
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22.. LLeeggaall SSttrruuccttuurree
There are the five "constitutional bodies", i.e. the Bundestag and Bundesrat withresponsibility for legislation (constituting the legislative branch of government), theFederal Constitutional Court with responsibility for supreme court decisions(constituting the judicial branch of government), and finally the Federal Presidentand 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 governsstructure of the state and of the public administration in Germany in accordance withthe following principles: (i) Federal state: The Länder are members of the Federationretaining sovereign state power of their own; (ii) Self-government for localauthorities: The local authorities are guaranteed a high degree of administrativeautonomy in local matters; and (iii) Separation of powers: the legislative, executive(government and administration) and the judiciary are each allocated to separateinstitutions.
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 andBundesrat. The Members of the Bundestag are elected ingeneral, 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 amandate to represent the interests of the people as a wholeand thus, through the system of representative democracyenshrined in the Basic Law, to realize the rule of the people bythe people. They carry out this mandate by appointing theGovernment and the members of the other constitutionalorgans 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 299via lists of candidates drawn up by the political parties in each
Land or federal state. Constituency boundaries, however, maybe changed by law on the basis of proposals by a so-calledboundaries commission in order to adapt constituencies todemographic changes.
Source: Deutscher Bundestag (2005)
6 Source of fact boxes if nothing else stated: The World Factbook – Germany 7 Inter-Parliamentary Union - Women in National Parliaments 8 Source of fact boxes if nothing else stated: The World Factbook – Germany
elections: Federal
Assembly - last held 18
September 2005 (next
to be held September
2009); note - there areno 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 byparty - CDU/CSU 225,
SPD 222, FDP 61, Left
54, Greens 51; Federal
Council - current
composition – NA. 8
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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 neededto 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 statemust 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 executivegovernment. The executive government, i.e. the Cabinet,consists of the Chancellor and the Federal Ministers (Article62, Basic Law). The status of the head of government as akey political figure has been stressed. In contrast to theFederal Ministers, he is elected by the majority of theBundestag and, as such, has a higher level of politicalauthority than anyone else in the Cabinet.
The Chancellor is elected by the Bundestag in accordance with Article 63. TheFederal 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 asdesired. 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 votewithout delay in a third phase. If the candidate for Chancellor receives only a relativemajority the President is required to step in. He must either appoint the candidatefor Chancellor who received the largest number of votes or he must dissolve theBundestag (Article 63, 4, Basic Law).
Executive power is personified by the Chancellor. Under Article 64 of the Basic Lawthe formation of a Cabinet is the prerogative of the Chancellor, who proposes thecandidates to the Federal President. The Chancellor also appoints a DeputyChancellor (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 theChancellor has command of the armed forces (Article 115h, Basic Law).
Source: Federal Government of Germany – Functions and constitutional basis - (2006)
Fact box:
chief of state: PresidentHorst KOEHLER (since 1
July 2004)
head of government:
Chancellor Angela
MERKEL (since 22
November 2005)
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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 twopanels, 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 thesupreme organ of constitutional jurisdiction, politically independent from all otherconstitutional organs. It is activated only on application. Decisions by the BverfG arenon-appealable and binding for all other organs of state.
The Federal Constitutional Court also rules on disputes between central governmentand the states or between individual federal institutions. It checks whether federaland state laws can be reconciled with the Basic Law. If it declares a law to be nulland void, the latter may no longer be applied. In addition, the Federal ConstitutionalCourt is empowered to determine whether a particular party is a threat to the freeand 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, forinstance, guardianship matters. There are four levels: the local court (Amtsgericht),the regional court (Landgericht), the higher regional court (Oberlandesgericht) andthe Federal Court of Justice (Bundesgerichtshof). In civil proceedings, either thelocal or the regional court can be court of first resort. Appeals may be lodged with upto two higher courts.
In addition, there are Labor courts disputes under private law arising fromemployment contracts and between management and labor force), Administrativecourts (jurisdiction of the administrative courts extends to offer legal protectionagainst 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: thelegal system (2005) & Dieter Haschke, local governmentadministration in Germany (1998) – edited
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2.4 Local Government
Constitutional foundations of local autonomy in the Federal Republic of Germany isguaranteed in Article 28 of the Basic Law and in the corresponding provisions of theLand constitutions. According to this Article the constitutional order of the Ländermust conform to the principles of the republican, democratic and social stategoverned 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 bygeneral, direct, free, equal and secret ballots. Thus, the requirements of Federalelections are also constitutionally required for the Länder and local authorities. Article28 (2) of the Basic Law guarantees the municipalities local autonomy by grantingthem the right to manage all their own affairs.
The division of state powers between the Federation and the Länder follows thefundamental rule that the exercise of state powers and the performance of statefunctions is a matter for the Länder insofar as the Basic Law does not prescribe orpermit otherwise (Article 30 GG). Accordingly, the main force of the legislative lieswith the Federation, and the focus of the administration with the Länder. The Länderinfluence the legislation and administration of the Federation, as well as mattersconcerned with the European Union, through the Federal Council (Bundesrat).
The structure of the Administration consist of three main independent levels can bedistinguished as a basic layout in the structure of the administration: (i) theadministration of the Federation; (ii) the administration of the Länder (16 Länder);and (iii) the administration of the local authorities (439 districts and non-countymunicipalities and 14,308 local authorities). In principle, each of these administrativeareas has its defined group of functions. There is no hierarchical pyramid of agenciesfrom local authority through the respective Land to the Federation. Neither theFederation nor the Länder have a fully developed general administrative apparatus of authorities reaching down to the local level.
Source: UN International: Profiles of national public
administration: Germany (2001)
The following sovereign rights largely belong to the responsibility of the municipalityand 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 toselect, engage, promote and dismiss staff); (ii) organisational sovereignty (thisencompasses the right for the municipalities to organise the administrationthemselves); (iii) planning sovereignty (this grants the municipalities the power toorganise and shape municipality territory under their own responsibility by drawingup urban development plans); (iv) legislative sovereignty (this entails the right topass municipality bylaws); (v) financial sovereignty (this entitles the municipalities tobe 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)
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33.. TThhee SSttaattee aanndd CCiivviill SSoocciieettyy
3.1 Ombudsperson
Decisions taken by public administration can be legally disputed before
administrative courts. The administrative courts system is an independent three-tiersystem of first instance courts, appeal courts (as Land courts) and one specializedSupreme Court (Federal Administrative Court). The administrative courts system ishighly developed, meaning that several hundred thousand individual cases arebrought up each year before administrative courts. Administrative judges have thepower to recall administrative decisions and are in a position to order publicauthorities to take lawful actions. The administrative courts system is by far the mostimportant means to dispute administrative actions in Germany, but there is also insome Länder an ombudsman institution or their commissioners, like the dataprotection commissioners.
Source: Source: UN International: Profiles of national publicadministration: Germany (2001)
3.2 Civil Society
In Germany, there is a long tradition of public welfare voluntary work. The work isvery varied and is to be found in all areas of social, societal and political life, and hasalways served to strengthen ties within society. Around 34 percent of Germansperform honorary roles, voluntarily undertaking tasks for the community for whichthey receive no remuneration. In addition, outside family life and their occupations,the same number of citizens is active in associations, clubs, projects, initiatives andgroups, 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 isexpressed in the “founder’s wish”, as it is referred to, and their legal position isdetermined 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 beenemerging, of which there are currently some 35. In this case a voluntary syndicatecreates a foundation capital, and the voluntary work performed is normally restrictedto a specific geographical area and social purpose.
Donations to charitable and welfare causes are commitments to the community. TheGerman Donation Institute estimates that € 5 billion is donated annually, a sumwhich has remained steady since 1990. Around 25 percent of donations arechanneled into social causes, about 15 percent awarded to religious communities,disaster relief and environmental organizations.
Source: Federal Foreign Office – Fact about Germany: civiland voluntary commitment (2001)
Non-governmental organisations or NGOs that provide social and health services arechurches, 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 youngpeople and others). The Youth Welfare Act affords priority to the institutions of the
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independent agencies. For example 64% of kindergartens were operated byindependent child and youth welfare agencies in 1994 in the old Federal territory;and (ii) Hospitals (hospitals operated by non-profit organizations or commercialenterprises). Non-public institutions also exist in the field of education (privateschools and higher education institutions), but public schools and public universitiesplay 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 situationand the rights of immigrants (asylum seekers).
Source: UN International: Profiles of national public administration: Germany (2001)
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44.. CCiivviill SSeerrvviiccee
Germany’s administrative system is to a large extent framed by the country’sconstitutional principles. These are - as far as the public sector is concerned -federalism which defines the states (“Länder”) as members of the Federation yetretaining 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 isconsiderably 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 forthe public servants at all levels of government.
Source: Civil Service in Germany: Characteristics of Public Employment andModernization of Public Personnel Management, paper presented at meetingModernization of State and Administration in Europe: A France-GermanComparison (2004)
4.1 Legal basis
The employment of civil servants is governed by legislation, which include the rightto determine the legal status of all public servants according to article 75, paragraph1, Basic Law, as part of general legislation (“Rahmengesetzgebung des Bundes”) andto make decisions relating to pay and pensions for civil servants according to article74a, paragraph 1, Basic Law, as part of concurrent legislation (“konkurrierendeGesetzgebung”).
Employment in the public service is based on a contract of employment underprivate law. Most of these conditions are set out in collective agreements negotiatedbetween the public employers (Federation/Länder/local authorities) and the
responsible trade unions. In Germany, three types of employment exist in theperformance of public tasks: (i) statutory civil servants (Beamte), judges andsoldiers; (ii) contract staff employed under private law (Angestellte); and (iii) wageearners (Arbeiter).
Source: UN International: Profiles of national public administration: Germany & Civil service in Germany: Characteristicsof 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 regardseducation and training for the individual careers. Employment of civil servants is inprinciple a life time tenure. There is no central unit responsible for recruiting civilservants or public employees. Each ministry at the federal level, each state, andeach local authority has the right to recruit its staff members itself.
Applicants are generally appointed on the basis of their individual knowledge andabilities. 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
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vacant posts are selected through competition. There is no central unit beingresponsible for recruiting civil servants or public employees. Each ministry at thefederal 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 PromotionThe German career system for civil servants is divided into four standard careerstructures 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 maincharacteristic of the ”Salary Regulation A” is increments on the basis of a seniorityallowance. In contrast to the salary system of ”Regulation A”, top positions in thecivil service - which are related to the leading grades in the administrative class - areremunerated 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 certainformal qualification requirements.
Source: Civil Service in Germany: Characteristics of Public Employment and Modernization of PublicPersonnel Management, paper presented at meeting Modernization of State and Administration inEurope: A France-German Comparison (2004)
Some officials in the hierarchy are considered political civil servants. Political civilservants that hold an office must be permanently in agreement with the fundamentalpolitical aims of the government, and can be placed in temporary retirement at anytime 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 Federaladministration are, for instance, Permanent State Secretaries, Under-Secretaries of State in the ministries, senior civil servants in the Foreign Office and in the securityservices. The system of control is attached to the audit courts system. There is aFederal 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 andModernization of Public Personnel Management, paper presented at meetingModernization of State and Administration in Europe: A France-GermanComparison (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 andlocal authorities. The Federation has legislative competence in respect of generalemployment conditions, remuneration and pensions for all civil servants in Germany.For contract employees, the Federal Employees’ Collective Agreement applies toemployees in Federal, Länder and local authorities.
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Employees in the public service are obligated by law to be insured in the statutorysocial insurance. Employees and employers contribute equally to finance socialinsurance in accordance with the applicable contribution, which is a specifiedpercentage 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 existingsystem of professional education and recruitment. There is no special education ortraining for the administrative class. This also applies to the training of the”executive class”, which is guided by each state (“Land”) which have their owncolleges of public administration.
The highly decentralised structure of the German federal system is also reflected bythe “Länder’s” efforts at forming their own administrative elite. They organise, inaddition to the training for leading civil servants offered by the Federal Academy of Public Administration (“Bundesakademie für öffentliche Verwaltung”), their owntraining 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 EastGermany was largely lacking law-trained and public service-experienced personnel.Due to the fact that a special administrative education for public employees had, forideological reasons, been rejected in the former German Democratic Republic (GDR)public employees, who had been taken over from ”old” GDR-authorities, were usuallyholding technical, economic or other ”nonadministrative” degrees. Hence, the newadministrative leaders in East German local authorities stand in marked contrast totheir West German counterparts, the majority of whom are trained in law or holdpublic 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 actorsfamiliar with some basic structures of the German law and administrative business.
Source: Civil Service in Germany: Characteristics of Public Employment andModernization of Public Personnel Management, paper presented at meetingModernization of State and Administration in Europe: A France-GermanComparison (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 EastGerman public institutions joined the civil service. Accordingly, in 1991 there were6,7 Million civil servants, that is 84 public servants per 1.000 inhabitants. Inaddition, the East German “Länder” are employing comparatively more publicpersonnel in social services and in the public health sector than the West German
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“Länder” do. In West Germany, by contrast, a stronger emphasis is laid oneducation, science and research.
In East German communes, public employment was soaring after reunification. Thisprimarily 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 Germancommunes. 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 thatin West Germany.
Source: Civil Service in Germany: Characteristics of Public Employment andModernization of Public Personnel Management, paper presented at meetingModernization of State and Administration in Europe: A France-GermanComparison (2004)
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55.. EEtthhiiccss aanndd CCiivviill SSeerrvviiccee
5.1 Corruption
2003 CPI Score relates to perceptions of the degree of corruption as seen bybusiness people and country analysts and ranges between 10 (highly clean) and 0
(highly corrupt).
Corruption Perceptions Index
2003 CPIScore
SurveysUsed
StandardDeviation
High-LowRange
NumberInst.
90 percentconfidence
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 beforeordinary 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, whichgovern the employment relationship of civil servants, are incorporated into thegeneral civil service statutes. These principles are: (i) to exercise their officeimpartially and justly, not seeking their own advantage, in line with the commongood 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. Inhis/her oath of office, which each civil servant has to take, they swear to “carry outtheir duties conscientiously”. Civil servants are to place their entire working capacityat their employer’s disposal.
Source: UN International: Profiles of national public administration: Germany (2001)
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e-Government
Readiness Index:
The index refers to thegeneric 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.
The index is comprised
of three sub-indexes:
Web Measure Index,
TelecommunicationsInfrastructure Index and
Human Capital Index.
Web Measure Index:
A scale based on
progressively
sophisticated web
services present.
Coverage and
sophistication of state-
provided e-service and
e-product availability
correspond to anumerical classification.
Telecommunications
Infrastructure Index:
A composite, weighted
average index of six
primary indices, based
on basic infrastructural
indicators that define a
country's ICT infra-
structure capacity.
Primary indicators are:
PC’s, Internet users,online population and
Mobile phones.
Secondary indicators
are TVs and telephone
lines.
00.1
0.2
0.3
0.4
0.5
0.6
0.7
0.8
0.9
1
G e r m a n y
F r a n c e U
K
J a p a n
U S A
C a n a d a
e-Government Readiness Index
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.
66.. ee--GGoovveerrnnmmeenntt
6.1 e-Government Readiness
0
0.1
0.2
0.3
0.4
0.5
0.6
0.7
0.8
0.9
1
G e r m a n y
F r a n c e U K
J a p a n
U S A
C a n a d a
Web Measure Index Telecom. Infrastructure Index Human Capital Index
Source: United Nations – World Public Sector Re ort 2003
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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.
e-decision making:
The government
indicates that it will
take citizens input
into account in
decision making and
provides actual
feedback on the
outcome of specific
issues.
e-Participation
Index:
Refers to the willing-
ness, on the part of
the government, to
use ICT to provide
high quality informa-
tion (explicit know-
ledge) and effective
communication tools
for the specific
purpose of empower-
ring people for able
participation in
consultations and
decision-making both
in their capacity as
consumers of public
services and as
citizens.
e-information:
The government
websites offer
information on
policies and
programs, budgets,
laws and regulations,
and other briefs of
key public interest.
Tools for dissemi-
nating of information
exist for timely access
and use of public
information, including
web forums, e-mail
lists, newsgroups and
chat rooms.
6.2 e-Participation
0
5
10
15
20
25
30
G e r m a
n y
F r a n
c e U K
J a p
a n
U S A
C a n a
d a
e-information e-decision making e-consultation
Source: United Nations – World Public Sector Report 2003
0
0.1
0.2
0.3
0.4
0.5
0.6
0.70.8
0.9
1
G e r m a n y
F r a n c e U K
J a p a n
U S A
C a n a d a
e-Participation Index
Source: United Nations – World Public Sector Report 2003
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77.. LLiinnkkss
7.1 National sites
Authority TopicWebsite 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 hppt://www.bundesverfassungsgericht.de/
Das Deutschland Portal 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