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Community, principally financed by

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CIVIL SERVICECIVIL SERVICE::

EUROPEANISATION, MODERNISATION, EUROPEANISATION, MODERNISATION, DEMOCRATISATIONDEMOCRATISATION..

HOW?HOW?

Francisco Cardona

OECD, Sigma Programme

A joint initiative of the OECD

and the European

Community, principally financed by

the EC.

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EU ACCESSION CRITERIA AS SET EU ACCESSION CRITERIA AS SET UP BY THE COUNCIL OF THE EUUP BY THE COUNCIL OF THE EU

Copenhagen 93: Institutions guaranteeing democracy and rule of law

Madrid 95: Transposition of EC legislation and internal administrative and judicial structures to effectively implement EU Law

Luxembourg 97: Operational capacity of institutions need to be strengthened

Helsinki 99: Candidates must share the values and objectives of the EU as set out in the treaties

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and the European

Community, principally financed by

the EC.

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PRINCIPLESPRINCIPLES Governing administrations in MS Governing administrations in MS (European Administrative Space)(European Administrative Space)

Rule of law: legal certainty of administrative actions and decisions. Legality as opposing arbitrariness. Respect of legitimate expectations

Openness/Transparency: aimed at ensuring sound scrutiny of administrative processes and outcome and their consistency with pre-established rules.

Accountability: of p.a. to other administrative, legislative or judicial authorities. Aimed at ensuring compliance with the rule of law

Efficiency in the use of public resources and effectiveness in accomplishing the policy goals established in legislation and in enforcing legislation

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the EC.

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Civil Service Law isCivil Service Law isAdministrative LawAdministrative Law

Civil Servants are professionals having a constitutional role to play as they have to uphold and defend the EAS principles as their first and utmost loyalty

Their status should be regulated and sufficiently protected to do so: A Civil Service Act is necessary. Labour Law does not suffice and is inappropriate

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Community, principally financed by

the EC.

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Other Features Common Other Features Common to CS in EU-15 MSto CS in EU-15 MS

1. Separated from politics2. Recruitment and Promotion through merit-based

competitive and transparent procedures3. Predictable career paths exist4. Legal restrictions to involvement in politics and

economic activities5. Pay scheme established by law and determined

individually on objective and transparent criteria6. Management of the civil service ensure the

application of homogeneous HRM standards across the whole administration

7. Pay and other conditions of service are aimed at that qualified individuals are recruited and retained and promote good performance and integrity

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Europeanising the Civil ServiceEuropeanising the Civil Service

Objective:

To create an institution of the State ensuring a professional civil service under the rule of law

Means:

1.Civil Service Act

2.Management System

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Preconditions Preconditions (sometimes in the constitution ?)(sometimes in the constitution ?)

The civil Service is an institution of the State, not a mere HRM system

Separation public-private spheres

Separation Politics-Administration

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Community, principally financed by

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Main Characteristics Main Characteristics of a CS Actof a CS Act

Objective of the Law: not to award a privileged status, but to define responsibilities and safeguard professional quality and to create an institution of the State

Law drafting approach: General Law and principles. Secondary legislation

Transitional Provisions: special attention by the drafters

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Pillars for CS ProfessionalismPillars for CS Professionalism

1. Scope of the civil service clearly defined

2. Selection scheme (recruitment & promotion)

3. Obligations/rights/discipline (Incompatibilities/conflict of interests)

4. Salary Scheme (motivating?)5. Civil Service Management System

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ELEMENTS OF THE CIVIL SERVICE ELEMENTS OF THE CIVIL SERVICE MANAGEMENT SYSTEMMANAGEMENT SYSTEM

CS Management is a political responsibility• Role of the council of Ministries or Cabinet

Central capacity: • Policy proposal-Policymaking • Homogeneous management standards

Decentralised Units:• Double dependence (functional/organic)

Accountability mechanisms: • Internal: hierarchical subordination; performance appraisal;

discipline. Training?• external: judicial review -external audit- ombudsman-like

institutions; parliamentary committees, public information acts, media, etc.

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Community, principally financed by

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Three institutionalisation Three institutionalisation approaches approaches

in 2004 and 2007 MSin 2004 and 2007 MS

Independent-body based model: Czech Republic, Slovakia, Poland

Ministry-based model (with variations): Romania, Lithuania, Latvia, Hungary, Slovenia, Bulgaria

No central capacity: Estonia

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Main problems to Main problems to overcomeovercome

Spoil-system attitude Merit system as a necessity for the

economic development of the country Beware of the costs associated to the

management of patronage and clientelism networks (in terms of time and energy of the party boss)

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Community, principally financed by

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The Legal Administrative The Legal Administrative Framework HelpsFramework Helps

Quality of substantive Law Quality of procedural legislation,

in particular administrative procedures.

Quality of control and monitoring mechanisms

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CONCLUSIONSCONCLUSIONS

Define the status of civil servants in a public law Implementation of the reform is a long-term process Stress the scope and the separation between

politics and administration as the precondition for de-politicisation

Regulate well selection, salaries, rights and obligations, especially incompatibilities, conflict of interest and impartiality

Establish a central management capacity with sufficient horizontal powers

Reach a broad political consensus on the CS reform: CS is an institution of the State, not only a HRM system