Civil Service Law

The legal status of civil servants has changed dramatically in recent years. The Act on the Normalisation of the Legal Status of Civil Servants (Wnra), which came into force on 1 January 2020, brought an end to the special civil service legal regime for the majority of civil servants. Since then, many government employees have been treated as 'ordinary' employees and have been subject to the Civil Code.

However, civil service law continues to apply in full to a specific group of civil servants. This group requires specialist knowledge in particular. Delissen Martens has many years of experience advising and litigating at the intersection of civil service law, employment law, and administrative law.

To whom does civil service law still apply?

Following the introduction of the Wnra, traditional civil service law no longer applies to all civil servants. The legislator has deliberately opted for a dual system in which different legal regimes coexist. This makes the legal landscape complex.

Civil service law still applies to the following groups:

• Police officers;
• Military personnel;
• Judges;
• Civil servants at the Ministry of Defence;
• Reservists.

These groups are subject to public law appointments, with disputes being assessed within the framework of administrative law. This requires a different legal approach to that of regular labour law.

If you are no longer covered by civil service law, but by civil labour law, If so, we would like to refer you to our Labour Law expertise page.

Our expertise in civil service law

DM has expertise in the areas where civil service law, labour law and administrative law intersect. We assist clients in hearings concerning disciplinary measures and dismissal procedures, and we advise on legal status issues.

Civil servants at the Ministry of Defence

Civil servants at the Ministry of Defence occupy a special position. They are not military personnel, yet they work within a hierarchical, highly regulated organisation. Issues relating to job changes, reorganisations, integrity, security investigations and dismissal require a tailored approach and insight into defence-specific regulations.

Read more on the page 'Civil servants at the Ministry of Defence'.

Military civil service law

Military personnel are subject to their own regulations, which include specific rules on legal status, disciplinary measures, deployments and medical examinations. These procedures often follow administrative law and have their own dynamics and deadlines.

Read more on the page 'Military civil service law page'. 

Reservists

Reservists are in a hybrid legal position, often combining a civilian career with a military appointment. This often raises questions about protection against dismissal, deployability, legal status and the relationship between civilian and military employment.

Read more on the page 'Reservists'.

When should you engage a civil service law attorney?

We assist civil servants in matters such as:

• Disciplinary measures and integrity issues
• Dismissal, suspension and job changes
• Reorganisation and redeployment
• Objection and appeal procedures
• Medical examinations and deployability issues
• Conflicts about legal status and legal protection

We consider not only the legal rules, but also the context, organisational culture and personal impact of the dispute.

Need legal advice? We are happy to help

Are you dealing with a civil service law issue and want to know where you stand legally? Our civil service law attorneys can help answer these questions and provide clarity, peace of mind and direction throughout the process.