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Bavarian Elector Max IV Joseph, Ordinance on "the Circumstances of State Servants, especially regarding their Status and Salary," cosigned by Montgelas (January 1, 1805)

The provisions of this Bavarian ordinance influenced the practices of other German states and advanced a process that had been evident in Germany since the 1770s: the move to give state officials new security with regard to pay and conditions of dismissal, to provide them with retirement, pension, and survivors’ benefits, and to codify their duties and rights in administrative law. In the 1780s, Joseph II of Austria had also taken important steps in this direction. The “privileging” of bureaucrats was balanced by a new “disciplining” of them; this was evident, for example, in the stringent sanctions against misuse of office inscribed in the Bavarian Criminal Law Code of 1813.

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Max. Joseph, Elector etc.

Since assuming office, We have provided repeated proof of just how much We have made the public circumstance of Our state servants the subject of Our sovereign affairs in three respects, namely with respect to ensuring the dignity and protection of their professional status, a just and decent salary, and, finally, a comfortable fate for their widows and orphans. Moreover, We deem the first fiscal year after the reformation of Our financial system an excellent time to give him [the state servant], from this perspective, too, a permanent designation by means of a combined and supplemental revision of the provisions related to these matters, as follows:

I. The professional status of state servant is acquired after the qualification requirements are fulfilled by means of the employment notification, which, in the case of all senior positions, is accompanied by a special nomination decree and linked, in every instance, with assignment to a category in the payroll budget.

II. The salaries appearing in the active service budgets are divided into two components:

Into a rank-based salary, – and into a service-based salary.

III. The rank-based salary is that part of the servant’s pay that, in general, ensures the competence of the individual as a member of a certain rank of the class of state servants.

The service-based salary is that part of the servant’s pay that, in particular, ensures the satisfaction of those internal and external duties that arise for the individual as a functionary within the class of his professional order. [ . . . ]

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