ABSTRACT
The aim of this chapter is to create an analytical framework for a comparative study of the civil service in Europe. Against this backdrop, it is crucial to establish a meaning for the terms “civil service” and “civil servant”. This chapter explores their scope and denotation, taking into account the arguments emerging from international and constitutional law. Its main claim is that a comparative legal analysis should distinguish between the notions of public service and the civil service. Public service concerns employment in State branches (legislative, executive, and judicial), and it coincides with the broad notion of the right of equal access to employment in the public service, protected at international and constitutional levels. Conversely, civil servants are officials employed by the executive, they have special duties and responsibilities and are often subject to specific requirements. The employment model is not decisive for the status of a civil servant, due to the fact that government officials in Europe are employed both under public and private (labour) law. Nonetheless, they should enjoy the stability of employment and exercise their competencies on a regular basis, not ad hoc.
