As Otto Hintze argued at the beginning of this twentieth century, "Germany is the classic country of civil servants in the European world, the same as China in Asia and Egypt in ancient times", today, I would update this statement saying:
Yesterday, Germany was the classic country of civil servants in the European world, just as China was in Asia and Egypt in ancient times, today, it is Venezuela in Latin America and the world.
In fact, at the beginning of the 20th century, from the legal point of view, the German law associated with the civil servant was the most developed in Europe and the world. Germany, without a doubt, was the fertile, original soil, where the idea of the public official was inspired based on the notion of the rule of law, and where feelings of loyalty and protection of the public service had their original development.
Omar Guerrero in 1998, in his work «The official, the diplomat and the judge. Experiences in the professional training of public service in the world "(National Institute of Public Administration Plaza y Valdés editores. University of Guanajuato Institute of Public Administration of Guanajuato. In the" First part: Idea and history of the training of public servants " In his "Chapter I. The professional training of the public servant" he tells us: "Less ancestrally, in the former Federal Germany, public service personnel were divided into two categories: civil servants governed by public law and agents subject to the private law collective bargaining regime Officials are those who permanently exercise powers that involve the sovereignty of the State or who,For reasons of their safety or for reasons of interest in public life, they cannot be entrusted to persons subject to private law employment relationships. Therefore, they are officials who exercise command and coercion powers, as well as citizen and civil protection, social security or education. In contrast, activities comparable to those carried out by the private sector, especially economic tasks, are carried out by servants who are in charge of them with their own private law statute. "activities comparable to those carried out by the private sector, especially economic tasks, are carried out by servants who are in charge of them with their own private law statute. "activities comparable to those carried out by the private sector, especially economic tasks, are carried out by servants who are in charge of them with their own private law statute. "
And he continues to tell us: “… Consequently, like any other specialized human activity, the administrative performance of public servants requires a preparation that requires the acquisition of knowledge, as well as the social ingredients that come from morality and character, customs and way of life of the country in question. That is to say, it requires appropriate training for its assignment. "
Now, most of the nations of the world have shaped their governmental structures according to the guidelines of the division of powers; which was the answer that the French chronicler and political thinker, Charles Louis de Secondat, Lord de la Bréde and Baron de Montesquieu (1689 - 1755) found to propose a solution to the well-established, despotic absolutism, that prevailed in Europe until the end of the Middle Ages.
And so, Venezuela, like most countries with a democratic structure and court, in the years prior to 1958 it was somewhat difficult to differentiate the public administration from the private sector, it takes its first steps a little before the Constitution of 1961, approximately 10 years later, it continues with the Administrative Career Law, in 1997 in Official Gazette No. 36,268, the Office of the Comptroller General of the Republic, dictates the Code of Ethics for Public Officials and masterfully deepens with the Constitution of the Bolivarian Republic of Venezuela from 1999.
Definitely, Venezuela in the history of humanity, has given master classes in the Constituent world:
The first Constitution in all of Latin America was that of Venezuela (approved in 1811) and it was the first of a long list during the 19th and 20th centuries, caused mostly by wars, momentary triumphs of revolutions, and dictatorial governments.
- Federal Constitution of the States of Venezuela of 1811 Constitution of the Republic of Venezuela of 1819 Constitution of the Republic of Colombia of 1821 (whose main objective was to create the Republic of Colombia through the unification of Nueva Granada (Colombia, Panama and Venezuela.) Constitution of the State of Venezuela 1830 (arises as a consequence of the separation of the Department of Venezuela from Gran Colombia to constitute the State of Venezuela) Constitution of 1857 Constitution of 1858 Constitution of the United States of Venezuela of 1864 Federal Constitution of 1874 Federal Constitution of 1881 Federal Constitution of 1891 Constitution Federal Constitution of 1893 Federal Constitution of 1901 Federal Constitution of 1904 Federal Constitution of 1909 Federal Constitution of 1914 Federal Constitution of 1925 Federal Constitution of 1936 Federal Constitution of 1947 Constitution of the Republic of Venezuela of 1953 Constitution of the Republic of Venezuela of 1961 Constitution of the Bolivarian Republic of Venezuela of 1999Bolivariana de Venezuela 1999Bolivariana de Venezuela 1999
The invocation in the last two Constitutions is to the Almighty and to Simón Bolívar, but proudly in the latter (1999), Our Aboriginal Ancestors are also invoked.
As for the Preamble, we could say that they have the same philosophical horizon, but with small, rather, with wonderful and spectacular differences such as: in the previous one (1961) it alluded to "the democratization of international society", in our beloved Current Constitution, speaks of refounding the Republic to establish a democracy, participatory, protagonist, multiethnic and pluricultural in a State of Justice and Equality, in this new constitution, one of its great and wonderful characteristics is the protagonist action that is given to the village.
It is really a pride to be and really feel Venezuelan.
Fine, but let's continue with the topic. As previously mentioned, in 1970 the first Administrative Career Law in Venezuela was enacted in the country, in Title I. General Provisions, we find:
Article 1. This Law regulates the rights and duties of public officials with the National Public Administration through the establishment of a personnel administration system that allows structuring technically and on the basis of merits, all the rules and procedures related to the various legal situations and administrative functions of public officials, with the exclusion of any discrimination based on political, social, religious or other reasons.
Sole Paragraph: For the purposes of this Law, the expressions public official, public employee and public servant will have the same and only meaning.
Excellent, but in short, what is a Public Servant ?, the succinct answer is quite simple, public servants are the people who provide their services to the State or the public administration and therefore, to the community.
Thus, looking a bit at the Venezuelan legislation, we find in the Official Gazette No. 36,496 dated July 15, 1998, the Code of Conduct for Public Servants, where in its article 1 it tells us:
Article 1: The fundamental purpose of this Code is to regulate the conduct of public servants with respect to the ethical principles that must govern the exercise of the functions they perform in the national public administration. For the purposes of this Code, the expressions "public official", "public employee" and "public servant" will have the same and only meaning.
In the Official Gazette No. 37,522 dated September 6, 2002, we find the Law of the Civil Service Statute and in its Title I, Fundamental Provisions, in its 3rd article, it tells us:
Article 3. A public official will be any natural person who, by virtue of an appointment issued by the competent authority, performs in the exercise of a paid public function, on a permanent basis.
In the Official Gazette No. 5,637 Extraordinary dated April 7, 2003, we find the Law Against Corruption, and in its Title I, Fundamental Provisions, Chapter I, General Provisions, in its article 3, it tells us:
Article 3. Without prejudice to the provisions of the Law that establishes the Public Function Statute, for the purposes of this Law, public officials or employees are considered to be:
1. Those who are invested with public, permanent or transitory, remunerated or free functions, originated by election, by appointment or contract granted by the competent authority, at the service of the Republic, the states, the territories and federal agencies, the districts, the metropolitan districts or the municipalities, the autonomous national, state, district and municipal institutes, the public universities, the Central Bank of Venezuela or any of the bodies or entities that exercise the Public Power.
2. The directors and administrators of civil and commercial companies, foundations, civil associations and other institutions constituted with public resources or directed by some of the persons referred to in article 4 of this Law, or when all of the budgetary contributions or contributions in a fiscal year from one or more of these persons represent fifty percent (50%) or more of its budget or equity; and the directors appointed in representation of said bodies and entities, even when the participation is less than fifty percent (50%) of the capital or equity.
In the Official Gazette No. 5,891 Extraordinary dated July 31, 2008, Decree No. 6,265, with Rank, Value and Force of Organic Law for the Simplification of Administrative Procedures, in Chapter III, Public Administration at the Service of Citizens, Official or Public Official, in its article 35, tells us:
Article 35. The civil servant or civil servant is, first of all, a public servant and as such its activity must be directed to serve the people efficiently, seeking the full satisfaction of the collective interest.
Actually, we could go much deeper into this interesting topic, but the idea is to make it clear that:
Every public official, public employee or public servant, directly or indirectly administers resources of the state (of the people) providing a service of social utility, therefore, his behavior must, necessarily, be faultless, since the community expects him, their knowledge, suitability, conscience, human values, ethics, humility, honesty, loyalty, clarity and transparency.
Footnotes
1. Hintze Otto (1966). The Estate of Officials. History of Political Forms. Revista de Occidente, Madrid.
2. Hintze Otto (1966). The Estate of Officials. History of Political Forms. Revista de Occidente, Madrid.
3. Debbasch Charles (1981). Administrative science: public administration. National Institute of Public Administration, Madrid.
4. Jordana de Pozas Luis (1962). The training and improvement center for Alca18 officials. de Henares: precedents of the center ». International Journal of Administrative Sciences, vol. XXVIII, no. 1, Brussels.
5. Who developed the ideas of the English thinker, John Locke (((1632 - 1704) considered the father of modern liberalism, claimed that sovereignty emanates from the people; that property, life, liberty and the right to happiness are rights natural of men, prior to the constitution of society.) about the division of power. In his work "The Spirit of Laws" he expresses admiration for English political institutions and affirmed that the law is the most important thing in the state.
