Logo law and pluralism
Logo Università Bicocca

Kosiek v. Germany, No. 9704/82, ECtHR (Plenary), 28 August 1986

Type Judgment
Case number 9704/82


The refusal to grant access to the civil service due to extremist political beliefs manifested by the applicant in the probationary period does not breach article 10 of ECHR.

Normative references

Art. 10 ECHR


Access to the civil service is not granted by the ECHR and each contracting State is free to determine the conditions to which it is subject. Therefore, if a State has identified as a condition the sharing of fundamental values ​​of a democratic constitutional system, the expression of political convictions in conflict with it excludes a personal requirement necessary to access the civil service.
(Case related to an activist of the National-Democrat party of Germany who had not been allowed  to access a permanent post in the civil service)