Public Disciplinary Offense of Civil Servants

1 Public Disciplinary Offense of Civil Servants Abstract This thesis deals with the sub-area of administrative punishment, specifically disciplinary punishment of civil servants. Well-established rules of disciplinary punishment should guarantee both the protection of the public subjective rights of the civil servant and the stabilization of the civil service system, as well as its depoliticization and encourage deeper professionalization. Therefore, this sub-area forms an important area of the administrative law. The main goal of this thesis is to analyze a disciplinary offense and disciplinary proceedings of civil servants in a broader context and to analyze principles applied in this area. This thesis critically analyzes the individual parts of the researched area and answers several research questions. First, the author defines the basics of the topic, summarizes the law and provides the historical frame of disciplinary punishment of civil servants. He then examines whether the decision to take a disciplinary offense on a civil servant is a decision on a criminal charge within the meaning of Article 6 of the European Convention on Human Rights. He concludes that it is not and bases multiple findings on this conclusion. Subsequently, the substantive-law and procedural-law parts follow. In the last..