© Michael Kappeler / dpa
To avoid misuse of work clothes
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 […] excluded”. Pechstein claims in the “Bild” newspaper that there is no express ban on wearing uniforms at events such as the CDU convention. “Spiegel” reports that federal police officers are forbidden according to the internal police service regulations (PDV) carrying out an ancillary activity in positions not belonging to the Federal Police as well as at political events”.
Pechstein’s statements were also criticized
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 § 60 BBG that they serve “the whole people”, “not one 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”.
to avoid suspicion of partisanship
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.
Editorial office beck-aktuell, June 19, 2023 (dpa).
Related Links
From the beck-online database
VGH Hessen, Wearing the service uniform off duty, LKRZ 2011, 471
BVerwG, wearing the uniform off duty, NJW 1984, 747