a joint initiative of the oecd and the european community, principally financed by the ec. © oecd...
TRANSCRIPT
A joint initiative of the OECD
and the European
Community, principally financed by
the EC.
© OECD
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.
© OECD
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
A joint initiative of the OECD
and the European
Community, principally financed by
the EC.
© OECD
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
A joint initiative of the OECD
and the European
Community, principally financed by
the EC.
© OECD
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
A joint initiative of the OECD
and the European
Community, principally financed by
the EC.
© OECD
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
A joint initiative of the OECD
and the European
Community, principally financed by
the EC.
© OECD
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
A joint initiative of the OECD
and the European
Community, principally financed by
the EC.
© OECD
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
A joint initiative of the OECD
and the European
Community, principally financed by
the EC.
© OECD
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
A joint initiative of the OECD
and the European
Community, principally financed by
the EC.
© OECD
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
A joint initiative of the OECD
and the European
Community, principally financed by
the EC.
© OECD
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.
A joint initiative of the OECD
and the European
Community, principally financed by
the EC.
© OECD
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
A joint initiative of the OECD
and the European
Community, principally financed by
the EC.
© OECD
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)
A joint initiative of the OECD
and the European
Community, principally financed by
the EC.
© OECD
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
A joint initiative of the OECD
and the European
Community, principally financed by
the EC.
© OECD
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