Germany -- Politics and government -- 1918-1933; Germany. Verfassung (1919)
(1) “All citizens without distinction are eligible for public office in
accordance with the laws and according to their ability and services.”
(Article 128.) In the future, citizenship in a particular state may no
longer be demanded by the laws of the States as a condition for public
employment; for the Constitution expressly provides that citizens must
be admitted to public employment “without distinction.” In addition,
Article 110, par. 2, formally declares, “Every German has the same rights
and duties in each State of the Commonwealth as the citizens of that
State.” On the other hand, Article 16 provides that as a rule officers
directly charged with the administration of services that depend directly
on the Reich, and who are assigned to a State, shall be citizens of that
State. From this it must be concluded that the civil servants of a State
may as a rule be recruited from among the citizens of that State without
violating the spirit of the Constitution.
Already in preceding laws one finds no legal obstacle to the admission
of women to civil service. The Constitution declares, meanwhile: “All
discriminations against women in the civil service are abolished.” By
this--a logical consequence of the provision of Article 109, by which
men and women have in principle the same civil rights and duties--all
obstacles to the admission of women to the service of the State on the
same conditions as men are abolished.
(2) _Civil servants are in principle appointed for life._ However,
exceptions are provided for, either in case future legislation on civil
servants contains contrary provisions, or if, up to then, the law on
civil servants of the Empire and the laws of the states have provided
a different rule. A proposal by the Independents, according to which
civil servants would have to be chosen by election and therewith lose
all guarantees the Constitution and the laws accord them, was rejected
by a great majority. The rights acquired by civil servants must be
_inviolable_. Claims in money matters must be heard by tribunals. Civil
servants may not be temporarily deprived of their function, retired for
a time or permanently, or be given new work of a lower nature except
under conditions and according to forms provided by law and not by simple
arbitrary administrative measures.
Against any disciplinary measure, civil servants may enter protests
and commence procedure for damages. Furthermore, the system of secret
reports on persons employed is abolished. Every civil servant has the
right to consult his record, and no disparaging entry may be introduced
in it without the opportunity being given to the employé to explain
himself on this matter.
Public-domain text, read in full here on John Shaqi.
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