CDU convention
Pechstein in uniform – What officials are allowed to do
Claudia Pechstein in uniform at the CDU convention in Berlin. photo
© Michael Kappeler/dpa
After the appearance of the Olympian Pechstein at a CDU event in a police uniform, the question of the neutrality duty of officials arose. What is allowed – and what is not?
After the speech by speed skater and federal police officer Claudia Pechstein in police uniform at a CDU convention, her employer checks whether she has violated service regulations. Pechstein asserts that she had previously asked a supervisor and a federal police union representative to wear the uniform. She was therefore free to appear in uniform on Saturday. But what is the legal situation?
The publicly accessible “Administrative Regulations on Uniforms in the Federal Police” does not regulate the circumstances under which a uniform may also be worn off-duty. With reference to the criminal offenses of usurpation of office and the unauthorized wearing of titles or professional titles, it only says: It must be ensured “that misuse of the items of uniform and personal equipment in one’s possession […] is excluded”.
Pechstein claims in the “Bild” newspaper that there is no express ban on wearing uniforms at events such as the CDU convention. The “Spiegel” reports that according to the internal police service regulation (PDV), federal police officers are forbidden from wearing service clothes “when carrying out ancillary activities in positions not belonging to the federal police and at political events”.
Critics see the principle of neutrality violated
In addition to wearing the uniform, the content of Pechstein’s speech was also heavily criticized. Among other things, she called for the deportation of rejected asylum seekers. Nobody understands that these people are “just allowed to stay here,” said the official. Since the Federal Police is responsible for the German border protection, for example, critics see the principle of neutrality violated.
According to the Federal Civil Servants Act, one of the basic duties of civil servants like Pechstein under Paragraph 60 is that they serve “the whole people,” “not a party.” It says: “They must carry out their duties impartially and fairly.” In political activities, they should maintain that moderation and restraint “which result from their position towards the general public and from consideration for the duties of their office”.
According to the scientific services of the Bundestag, this does not mean that civil servants are generally prohibited from engaging in political activity outside of their official duties. But it should be ensured that impartial administration does not suffer. For example, civil servants are not allowed to give preference to citizens whose views correspond to their own political opinions. Even the suspicion of partisanship and bias is therefore to be avoided.
The legislature provides five types of disciplinary measures for misconduct, depending on the severity: official reprimand, fine, reduction in salary, demotion or removal from service.
According to the Soldiers’ Act, members of the Bundeswehr are generally forbidden from wearing a uniform at political events.