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Disciplinary proceedings; filing a disciplinary complaint and representation in court

Since January 1, 2006, the Bavarian State Prosecutor's Office has been responsible for matters under the Bavarian Disciplinary Act (BayDG).

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Landesanwaltschaft Bayern

Landesanwaltschaft Bayern

Street address

Ludwigstr. 23
80539 München

U-Bahnlinien U3 und U6 (Universität) sowie Buslinien 58, 68, 153, 154

Postal address

Postfach 340148

80098 München

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Procedure details

Pursuant to §§ 27 ff. of the Competence Ordinance (Zuständigkeitsverordnung - ZustV), the State Prosecutor's Office is the competent disciplinary authority in the state sector for civil servants in the following divisions:

  1. the State Chancellery
  2. the State Ministry of the Interior, Building and Transport (with the exception of the State Office for the Protection of the Constitution and the police enforcement authorities)
  3. the State Ministry of Education and Culture, Science and the Arts
  4. the State Ministry of Economic Affairs and Media, Energy and Technology
  5. the State Ministry for the Environment and Consumer Protection
  6. the State Ministry for Health and Care
  7. the State Ministry of Food, Agriculture and Forestry
  8. the State Ministry of Labor and Social Affairs, Family and Integration and
  9. the Bavarian State Forests (on the basis of the DienstBaySFV)

It conducts disciplinary proceedings if the sanctioning options of the superior, who can issue a reprimand or impose a fine, are not sufficient.

In the municipal sector, the State Prosecutor's Office exercises disciplinary powers if individual cases are transferred to it by the originally responsible authorities and bodies in accordance with the Ordinance on the Implementation of the Bavarian Disciplinary Act and on the Representation of the Free State of Bavaria in Disciplinary Matters for the Municipal Sector (DVKommBayDG), namely

  • by the legal supervisory authority in the case of municipal electoral officials
  • in the case of municipal (career) civil servants, by the body responsible depending on the case (mayor, district administrator, district council president, committee, plenum).

The Public Prosecutor's Office has trained staff with experience in disciplinary law who have a distance to the case, but at the same time know the specific administrative procedures. It therefore offers its assistance to the municipal sector in particular, where disciplinary cases are rarely dealt with or where the involvement of a body completely uninvolved in previous events is often desired.

The punishment of an official misconduct depends on its severity. The public prosecutor's office itself decides whether to dismiss the case (possibly with a condition), reprimand, fine, reduction of salary, reduction of pension and imposes temporary measures such as temporary suspension and temporary reduction (withholding) of salary or pension. If a demotion, removal from civil servant status or withdrawal of pension is considered, the administrative court will decide on this after a disciplinary complaint has been filed.

The Public Prosecutor's Office also represents all disciplinary cases it conducts before the administrative courts, i.e. if it has itself filed a disciplinary complaint or if a civil servant appeals against a disciplinary order affecting them.

Status: 08.11.2024
Editorially responsible for prodecure description: Landesanwaltschaft Bayern
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