© OECD A joint initiative of the OECD and the European Union, principally financed by the EU Civil Service in a European Administrative Space General principles – duties and rights of civil servants Wolfgang Rusch, Sigma “Building a Professional Civil Service in Kosovo” Pristina, June 2008

© OECD A joint initiative of the OECD and the European Union, principally financed by the EU The European Administrative Space l Rule of Law → public administration through law l Openness and transparency l Accountability l Efficiency and effectiveness

© OECD A joint initiative of the OECD and the European Union, principally financed by the EU European Standards for Civil Service l Separation of public – private sphere l Depoliticisation l Individual accountability of civil servants l Job protection and stability l Legally defined duties and rights l Recruitment and promotion based on merit

© OECD A joint initiative of the OECD and the European Union, principally financed by the EU Duties of a civil servant Part I l Legality and accountability  Loyalty primarily to the constitution and the law  To advise superiors (“to tell the truth to those in power”) and carry out their lawful orders  Full personal accountability for the correct conduct of her/his actions

© OECD A joint initiative of the OECD and the European Union, principally financed by the EU Duties of a civil servant Part II l Impartial and fair performance  Serve the people as a whole and not a political party or ethnic group  Limitation of political activities in and off duty  Avoid possible conflict of interests  Strict limitation on acceptance of any rewards or gifts  Respectful treatment of the citizen

© OECD A joint initiative of the OECD and the European Union, principally financed by the EU Duties of a civil servant Part III l Other duties  Official secrets versus citizen’s right of information  Ban on having an additional occupation  Training  Restriction on the right to strike (ban?)

© OECD A joint initiative of the OECD and the European Union, principally financed by the EU Rights of civil servants l Salary, vacation, pension l Regulated working hours l Protection against political or other influence from outside l Training l Access to personal files and records l Freedom of association

© OECD A joint initiative of the OECD and the European Union, principally financed by the EU Disciplinary regulation l Punishment for breaches of duties l No contravention of “ne bis in idem” l The law regulates principles:  Categories of disciplinary offences  Categories of sanctions  Proportionality of sanctions  Right to be heard  Right to appeal

© OECD A joint initiative of the OECD and the European Union, principally financed by the EU Thank you for your kind attention!