The granting of special leave to top civil servants in Rhineland-Palatinate is fueling legal and political debate. Following reports from Südwestrundfunk (SWR), the Mainz public prosecutor’s office has opened a preliminary investigation to examine potential legal violations. The investigation stems from allegations of breach of trust related to these special leave arrangements, which allowed high-ranking officials to take lucrative positions in the private sector while retaining their civil servant status.
Court of Auditors Deems Practice Illegal
The cases under scrutiny were first made public by the state’s Court of Auditors in 2022. The Court criticized that high-ranking political officials were able to work as managers and secure their civil servant pensions through the granting of special leave. In one particularly striking case, the special leave lasted almost 12 years. The Court of Auditors assessed this practice as unlawful, arguing it led to a waste of taxpayer money.
According to SWR, those affected continued to receive state pensions for the period during which they were not working as civil servants.
Two different legal opinions have reportedly been prepared regarding the controversial practice. A legal opinion commissioned by the Free Voters was prepared by criminal law expert Till Zimmermann of Heinrich Heine University Düsseldorf. According to SWR, Zimmermann concludes that those responsible in the SPD-led state government may have committed the offense of aggravated breach of trust.
Public Prosecutor’s Office Investigates Potential Offenses
According to the opinion, state assets and therefore taxpayer money were damaged. In contrast, another opinion, prepared by constitutional law expert and former Federal Constitutional Court Judge Udo Di Fabio on behalf of the state government, considers the special leave arrangements to be lawful. Di Fabio argues that the practice is compatible with civil service law.
SWR reports that the Mainz public prosecutor’s office is currently investigating whether there is initial suspicion of a criminal offense, in particular breach of trust. Whether this will lead to formal investigative proceedings remains open. The State Chancellery continues to emphasize its legal opinion that the controversial special leave is in accordance with applicable law.
The state’s Court of Auditors and the Rhineland-Palatinate branch of the Federation of Taxpayers have long been critical of the special leave arrangements. The President of the Court of Auditors, Jörg Berres, previously stated that the regulations provide those affected with advantages from two different systems: on the one hand, they receive high salaries from managerial positions, and on the other hand, they benefit from the higher pensions of their civil servant status. The Federation of Taxpayers lists the cases in its “Black Book,” which draws attention to wasteful spending.
Frequently Asked Questions
What prompted the investigation?
The investigation was prompted by allegations of breach of trust related to special leave arrangements that allowed high-ranking officials to hold positions in the private sector while maintaining their civil servant status, as reported by Südwestrundfunk (SWR).
What did the Court of Auditors find?
The Court of Auditors found that high-ranking officials were able to secure their civil servant pensions while simultaneously working as managers through the granting of special leave, deeming the practice unlawful and a waste of taxpayer money.
Are there differing legal opinions on this matter?
Yes, one legal opinion, commissioned by the Free Voters, suggests potential breach of trust, while another, commissioned by the state government, deems the arrangements lawful and compatible with civil service law.
As the public prosecutor’s office investigates, it remains to be seen whether formal charges will be filed, and how this case will ultimately shape the future of special leave arrangements for civil servants in Rhineland-Palatinate.
