1. A joint initiative of the OECD and the European Community, principally financed by the EC. © OECD CIVIL SERVICE : EUROPEANISATION, MODERNISATION, DEMOCRATISATION. HOW? Francisco Cardona OECD, Sigma Programme

2. A joint initiative of the OECD and the European Community, principally financed by the EC. © OECD EU ACCESSION CRITERIA AS SET UP BY THE COUNCIL OF THE EU l Copenhagen 93: Institutions guaranteeing democracy and rule of law l Madrid 95: Transposition of EC legislation and internal administrative and judicial structures to effectively implement EU Law l Luxembourg 97: Operational capacity of institutions need to be strengthened l Helsinki 99: Candidates must share the values and objectives of the EU as set out in the treaties

3. A joint initiative of the OECD and the European Community, principally financed by the EC. © OECD PRINCIPLES Governing administrations in MS (European Administrative Space) l Rule of law: legal certainty of administrative actions and decisions. Legality as opposing arbitrariness. Respect of legitimate expectations l Openness/Transparency: aimed at ensuring sound scrutiny of administrative processes and outcome and their consistency with pre-established rules. l Accountability: of p.a. to other administrative, legislative or judicial authorities. Aimed at ensuring compliance with the rule of law l Efficiency in the use of public resources and effectiveness in accomplishing the policy goals established in legislation and in enforcing legislation

4. A joint initiative of the OECD and the European Community, principally financed by the EC. © OECD Civil Service Law is Administrative Law l 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 l 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

5. A joint initiative of the OECD and the European Community, principally financed by the EC. © OECD Other Features Common to CS in EU-15 MS 1. Separated from politics 2. Recruitment and Promotion through merit-based competitive and transparent procedures 3. Predictable career paths exist 4. Legal restrictions to involvement in politics and economic activities 5. Pay scheme established by law and determined individually on objective and transparent criteria 6. 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

6. A joint initiative of the OECD and the European Community, principally financed by the EC. © OECD Europeanising the Civil Service l Objective: To create an institution of the State ensuring a professional civil service under the rule of law l Means: 1.Civil Service Act 2.Management System

7. A joint initiative of the OECD and the European Community, principally financed by the EC. © OECD Preconditions (sometimes in the constitution ?) l The civil Service is an institution of the State, not a mere HRM system l Separation public-private spheres l Separation Politics-Administration

8. A joint initiative of the OECD and the European Community, principally financed by the EC. © OECD Main Characteristics of a CS Act l 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 l Law drafting approach: General Law and principles. Secondary legislation l Transitional Provisions: special attention by the drafters

9. A joint initiative of the OECD and the European Community, principally financed by the EC. © OECD Pillars 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

10. A joint initiative of the OECD and the European Community, principally financed by the EC. © OECD ELEMENTS OF THE CIVIL SERVICE MANAGEMENT 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.

11. A joint initiative of the OECD and the European Community, principally financed by the EC. © OECD Three institutionalisation approaches in 2004 and 2007 MS l Independent-body based model: Czech Republic, Slovakia, Poland l Ministry-based model (with variations): Romania, Lithuania, Latvia, Hungary, Slovenia, Bulgaria l No central capacity: Estonia

12. A joint initiative of the OECD and the European Community, principally financed by the EC. © OECD Main problems to overcome l Spoil-system attitude l Merit system as a necessity for the economic development of the country l Beware of the costs associated to the management of patronage and clientelism networks (in terms of time and energy of the party boss)

13. A joint initiative of the OECD and the European Community, principally financed by the EC. © OECD The Legal Administrative Framework Helps l Quality of substantive Law l Quality of procedural legislation, in particular administrative procedures. l Quality of control and monitoring mechanisms

14. A joint initiative of the OECD and the European Community, principally financed by the EC. © OECD CONCLUSIONS l Define the status of civil servants in a public law l Implementation of the reform is a long-term process l Stress the scope and the separation between politics and administration as the precondition for de- politicisation l Regulate well selection, salaries, rights and obligations, especially incompatibilities, conflict of interest and impartiality l Establish a central management capacity with sufficient horizontal powers l Reach a broad political consensus on the CS reform: CS is an institution of the State, not only a HRM system