Berufsverbot

Berufsverbot, or professional ban, is a legal prohibition that prevents an individual from practicing a regulated profession or performing certain professional activities, usually in the public sector or in roles that require public trust. It is intended to protect public safety, order, and the integrity of public institutions, and to safeguard the democratic constitutional order from individuals deemed unfit or dangerous to hold public office.

In Germany, the term is widely used in the civil service and other public professions such as teaching, law enforcement, and the judiciary. Berufsverbot can be imposed when there is a demonstrable risk to the state’s protection, when a person is found to be unfit due to criminal conviction or extremist activity, or when there are other disqualifying circumstances. It can be preventive (vorbeugend) or disciplinary and may affect the entire profession or specific activities.

Legal foundations lie in civil service law, administrative law, and, where applicable, criminal law. Decisions are typically issued by administrative authorities or courts and are subject to review by higher courts. The duration can be temporary during investigations or proceedings, or permanent, depending on the severity of the grounds and the legal framework.

Challenges to Berufsverbot commonly concern the balance with freedom of occupation and due process. Proportionality, evidence, and the possibility of appeal serve as safeguards. Controversies historically arose in discussions about political belief and ideological conformity, leading to reforms and ongoing legal scrutiny.

Outside Germany, the concept exists in some other German-speaking countries, with similar purposes and procedures, though national rules vary.