A Comparison of the Law Related to Civil Services from the Viewpoint of Administrative Law

EUI Law Working Paper No. 2006/09

18 Pages Posted: 23 Jun 2006

See all articles by Jacques Ziller

Jacques Ziller

University of Pavia, Department of Political and Social Sciences

Date Written: April 2006

Abstract

International comparisons of Civil Services usually overlook the difficulties due to differing definitions of the civil service in national legal systems. Comparative statistics are therefore extremely misleading, as they are at best based on formal-legal criteria instead of being based on functional definitions. Beyond the issue of numbers, comparing the legal regimes of civil services can also be misleading if the constitutional framework is ignored, as demonstrated by the link between the constitutional principles applying to the Royal prerogative in the UK, and if attention is centred on the source of regulation - as demonstrated by the case of the so-called privatisation of the Italian civil service. Furthermore, any comparison between civil service regimes should also take into account the content of the relevant regulations and compare them with the rules and principles applicable in the same country's labour law. There is no such a thing as an international common core of civil service regulation.

Keywords: civil service, comparative law, administrative law

Suggested Citation

Ziller, Jacques, A Comparison of the Law Related to Civil Services from the Viewpoint of Administrative Law (April 2006). EUI Law Working Paper No. 2006/09, Available at SSRN: https://ssrn.com/abstract=910526 or http://dx.doi.org/10.2139/ssrn.910526

Jacques Ziller (Contact Author)

University of Pavia, Department of Political and Social Sciences ( email )

Strada Nuova, 65
Pavia, Pavia 27 100
Italy

HOME PAGE: http://www-3.unipv.it/webdsps/it/docente.php?id=ziller

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