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
Date Written: April 2006
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
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