Section 9
The civil servants
Art. 94
(1) The civil servants of the state, the municipalities and the associations of municipalities shall be elected by the people or appointed by the competent authorities in accordance with the laws
(2) 1 All citizens entitled to vote shall be eligible for the public offices depending on their personal suitability, their qualifications, and achievements, which shall be determined by way of competitive examinations, insofar as possible 2 The same principles shall apply to promotions of civil servants
Art. 95
(1) 1 The basic principles of the civil service shall be governed by law 2 In principle, the civil service system shall be maintained
(2) The civil servants shall have recourse to the ordinary courts for asserting their pecuniary claims
(3) A complaints procedure and a re-hearing must be available against each disciplinary penal order
(4) 1 Unfavourable facts may only be recorded in the personal files of the civil servant after the civil servant has had the opportunity to comment on them 2 The comments of the civil servant must also be included in the personal file
(5) Each civil servant shall have the right to inspect his/her personal files at any time
Art. 96
1 Civil servants shall be the servants of the entire people rather than of an individual party 2 The civil servant must declare his/her support of the democratic constitutional state at all times and must be loyal to it in the course as well as outside of the performance of his/her duties
Art. 97
1 If a civil servant negligently violates his/her official duties vis-à-vis another party in exercise of the state authority entrusted to him/her, the liability for the consequences shall rest with the state or whichever public body employs the civil servant 2 The right of recourse to the civil servant shall remain reserved 3 The recourse to the ordinary courts must not be precluded
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