Germany -- Politics and government -- 1918-1933; Germany. Verfassung (1919)
(3) _Civil servants are in the service of the State, of the community and
not at all the servants of a party or the party in power_. In consequence
of this they retain the liberty of political conviction and of
association. A later law of the Reich was provided for organizations in
which civil servants are represented and which are supposed to co-operate
in the regulation of all questions concerning them. The same idea that
led to the recognition of the right of workers and clerks to co-operate
in the form of Factory Workers Councils applies to civil servants and
gives them the right to co-operate in all matters concerning them.
(4) Finally the Constitution prescribes in a uniform manner for the whole
Reich, for the public servants of the states as well as those employed
by public corporations, the limits of the _financial responsibility of
public servants_.
The responsibility of civil servants is regulated by Section 838 of the
Civil Code. “Every employé, who through premeditation or negligence,
violates the duty imposed upon him by his function, to the damage of a
third party, must recompense this party for the damage thus caused.” As
to the manner in which this compensation is to be awarded, the Civil Code
leaves it to the legislatures of the individual states to determine.
Making use of this authorization, most of the States individually
have decided that the State shall be responsible instead of the civil
servants, and that the public treasury assume the indemnity to the limit
for which the civil servant is responsible, the treasury retaining,
however, the right to proceed against the civil servant. Prussia adopted
this system in the law of April 1, 1909, and the Empire followed it, for
the employés of the Empire, in the law of May 22, 1910. However, there
are still member states, Saxony for example, in which this solution has
not yet been adopted and where the civil servants are still directly
responsible to any individual who suffers damage through them.
The Constitution confirms in Article 131 a state of affairs that
exists in most of the States and in the Reich, and declares that if a
civil officer in the exercise of the authority conferred on him by the
law fails to perform his official duty toward any third person, the
responsibility is assumed by the state or public corporation in whose
service the officer is. The right of redress against the officer is
reserved.
4.--RELIGION AND THE CHURCHES.
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