Public servant law

Lawyer for public servant law in Berlin

Public servant law comprehensively governs the special legal relationship between public servants and their employers. In the course of a long career, the numerous rights and obligations involved in public service frequently lead to disputes. Whether it’s actions regarding unfair promotion, transfer, appraisal, pay grades or disciplinary measures, we’ll guide you through the whole process, offering advice based on our many years of experience working with federal and state bodies.

Proceedings regarding unfair promotion

Legal disputes often arise before a servant is actually appointed or promoted to an office according to their legal status. In proceedings regarding unfair promotion before the administrative courts, these disputes are frequently about selection decisions made based on the criteria of merits (aptitude, qualifications and professional achievement pursuant to Article 33(2) GG (German Constitution)). When an appointment has been made, it frequently throws up questions around pathways and pay grades.

Relocation and transfer

A public servant’s job can often change dramatically over the course of their career. Relocations, secondments, transfers and delegations against the will of the public servant are incredibly stressful and in some circumstances can be opposed through legal means. In addition, public servants themselves might be looking for a change in their career.

Wir wehren Maßnahmen der Bauaufsicht wie eine Nutzungsuntersagung oder eine Beseitigungsanordnung gegen Ihr Bauwerk oder Ihre Nutzung ab. Wir beraten Sie dabei auch umfassend zu den Themen formelle Illegalität (sog. Schwarzbau) und Bestandsschutz.

Representation in disciplinary proceedings

The initiation of disciplinary proceedings often takes a heavy toll on respondents. We represent these respondents from the very first regulatory proceedings before the disciplinary body, providing opinions and filing applications to take evidence (see S. 24 Bundesdisziplinargesetz (Federal Disciplinary Act)). We then defend you against the disciplinary measure (warning, fine, curtailment of wages, demotion, removal from office, curtailment of pension, forfeiture of pension) or disciplinary complaint.

The termination of a public servant against their will frequently leads to disputes. For those affected, financial security, prospects for the future and career planning all depend on them remaining in office. In many of our cases, public servants on probation are let go due to a purported breach of duty or alleged failure to pass their probation, or public servant candidates have their appointment to office revoked.

Unsuitability for office and forced retirement proceedings

However, some cases also relate to permanent public servants. We often see long-serving public servants being forced into retirement due to an alleged unsuitability for office. Often, the official medical opinions presented in these cases by their employers fail to satisfy the stringent requirements of the case law.

Right to employee representation

We also represent trade unions, professional associations and staff councils in the area of employee representation (enforcing participatory rights and rights of co-determination for staff councils, protecting members of staff councils, proceedings for challenging elections).

Our references

Representing persons in disciplinary proceedings and forced retirement proceedings (in particular in police, law enforcement and justice), working with trade unions and professional associations, right to employee representation (Berlin Police), actions regarding unfair promotion (federal and state authorities).

YOUR PARTNER FOR public servant law IN BERLIN

RA Antonio Leonhardt

Competent and experienced – your legal advisor for administrative and migration law. Benefit from our years of experience with administrations and administrative courts.

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