Text file: 3436.txt
author: pingvinpingvin
downvotes: 1
end consideration date: 2012-08-21
id: '3436'
number comments: 6
number views: 2266
proposal type: Competent authority response
response: "Response from the Ministry of Justice and Public Administration\nHaving\
  \ knowledge of the organisation, the way in which the public competition procedures\
  \ are conducted, the methodology and techniques used, and the reasons for the establishment\
  \ and development of the body which should be the model for the recruitment procedures\
  \ in the Slovenian civil service, the European Personnel Selection Office (EPSO),\
  \ it is clear that this is only possible to a limited extent. EPSO is a Brussels-based\
  \ body with approximately 140 employees and its main competence and mission is to\
  \ organise and conduct public competitions for recruitment to official posts in\
  \ European institutions such as the European Parliament, the Council of Europe,\
  \ the European Commission, the Court of Justice, the Court of Auditors, the European\
  \ Court of Auditors, the European Court of Auditors, the European Economic and Social\
  \ Committee, the Committee of the Regions, the European Ombudsman and the European\
  \ Data Protection Supervisor (hereinafter referred to as the 'Ombudsman'). The posts\
  \ are open to candidates from all EU Member States, which is why each round of open\
  \ competitions organised by EPSO attracts a huge number of applicants, usually more\
  \ than ten times the number of posts advertised. EPSO ensures that the selection\
  \ criteria are uniform and that the same selection principles are applied to all\
  \ institutions, with selection procedures aimed at ensuring that the best candidates\
  \ are the best of all those who apply, in terms of their qualifications and performance.\
  \ Since its creation, EPSO has faced a constant challenge to ensure that the process\
  \ is modern, even more objective, cheaper, faster and even more transparent, so\
  \ that official posts in the European Institutions are filled by candidates who\
  \ best meet the professional and other conditions expected by each institution.\n\
  In view of the above-mentioned facts concerning the number of applicants for each\
  \ vacancy, and the fact that Slovenia does not have a central body for the conduct\
  \ of public competitions for the entire public administration, nor for the entire\
  \ civil service, and given the limited resources available for the conduct of competition\
  \ procedures, it is not objectively possible to make a comparison with the procedures\
  \ and methodology of the public competitions carried out by EPSO.\nNotwithstanding\
  \ the above, the selection of civil servant posts in the State administration and\
  \ local authorities is subject to a public competition procedure laid down in the\
  \ Civil Servants Act (Official Journal of the RS, No 63/07 - official consolidated\
  \ text and 65/08; hereinafter referred to as the 'CJA'), which is specified in more\
  \ detail in the Regulation on the procedure for filling posts in the State administration\
  \ and the judiciary (Official Gazette of the RS, No ....). 139/06 and 104/10), which\
  \ contains procedural rules requiring that the recruitment of civil servants be\
  \ carried out in such a way as to ensure equal access to posts for all interested\
  \ candidates on equal terms and conditions and to ensure that the candidate best\
  \ qualified to perform the duties of the post is selected (Article 7 of the ZJU\
  \ - principle of equal access). Candidates must be treated equally in the public\
  \ competition procedure; selection must be made on the basis of demonstrated superior\
  \ qualifications (Art. 27, para. Article 27(27) of the CEOS), in a compulsory selection\
  \ procedure in which the candidate's qualifications to perform the duties of the\
  \ official post are assessed, whereby there may be several stages of the selection\
  \ procedure and candidates are eliminated in stages - assessment of qualifications\
  \ from the documentation submitted by the candidate, a written aptitude test, an\
  \ oral interview or in another form - (Article 27(27) of the CEOS) (Article 27(27)\
  \ of the CEOS). Candidates who do not fulfil the conditions of the competition may\
  \ not be included in the selection procedure, whereupon the head of the authority\
  \ shall issue a decision to each candidate (Article 61a of the CEOS), against which\
  \ such candidate may seek legal redress by lodging an appeal with the competent\
  \ Civil Service Appeals Board. After the decision on selection or non-selection\
  \ has been issued, any candidate who has taken part in the selection procedure may,\
  \ under the supervision of an official of the Authority, consult all the information\
  \ provided by the successful candidate in his/her application for the competition\
  \ and proving that he/she fulfils the conditions of the competition, and the selection\
  \ procedure materials (second paragraph of Article 2(1) of the Staff Regulations\
  \ of officials of the Authority). A candidate who has applied for a competition\
  \ and has not been selected shall have the right to appeal against the decision\
  \ to the competent Board of Appeal within eight days of notification of the decision,\
  \ on the grounds set out in Article 65(1)(a) of the Staff Regulations. If the unsuccessful\
  \ candidate considers that he/she has been selected as a candidate who does not\
  \ comply with the competition procedures, if he/she considers that he/she fulfils\
  \ the conditions but has not been given the opportunity to take part in the selection\
  \ procedure, if he/she considers that he/she has been selected as a candidate who\
  \ has manifestly failed to achieve the best result according to the selection criteria,\
  \ or if he/she considers that there has been a material irregularity in the procedure\
  \ of the open competition or the selection procedure). The decision of the competent\
  \ Board of Appeal is also subject to an administrative appeal.\nSelection for the\
  \ posts of officials (Director-General, Secretary-General, Head of a ministerial\
  \ body, Head of a government department and Head of an administrative unit) is by\
  \ a special competition procedure conducted by a special selection board appointed\
  \ on a case-by-case basis by the Council of Officials. This is an autonomous body\
  \ established by the CEOS, which, in Article 175 para. The Council has 12 members,\
  \ appointed or elected as follows: three members are appointed by the President\
  \ of the Republic from among experts in the public sector, three members are elected\
  \ from among themselves by officials holding the title of senior secretary in the\
  \ public administration bodies in secret ballot elections held in accordance with\
  \ the provisions of the Courts Act, two members are appointed by the representative\
  \ trade unions of the activities or professions in the public administration bodies,\
  \ and four members are appointed by the Government on a proposal from the Minister\
  \ responsible for administration. The Rules of Procedure of the Council of Officials\
  \ also lay down in more detail the conduct of meetings of the Council of Officials,\
  \ the preparation and transmission of meeting materials and decision-making.\nThe\
  \ tasks or powers of the Council of Officials, as laid down by law, are as follows:\n\
  \ setting standards of professional competence, selection criteria and methods for\
  \ verifying qualifications; the Council of Officials has set standards of professional\
  \ competence in three strands, namely experience, skills and managerial competences;\
  \ it is responsible for the selection of officials to the posts of Directors-General,\
  \ Secretaries-General, heads of ministerial bodies, heads of government departments\
  \ and heads of administrative units, by appointing special selection boards. give\
  \ opinions to the Government and the National Assembly on the regulations governing\
  \ the civil service system and the status of civil servants; adopt, in cooperation\
  \ with the representative trade unions in the Authority and the professional associations\
  \ of civil servants in State bodies and local government administrations, a code\
  \ of ethics for civil servants in State bodies and local government administrations;\
  \ may propose to the Appeals Board to annul the contract of employment or the decision\
  \ to appoint to a grade if it considers that there are grounds for such a proposal\
  \ (for example, that the prescribed public competition procedure has not been followed).\
  \ \nThe Special Selection Board shall carry out a procedure which shall first determine\
  \ which candidates fulfil the conditions for the post and then which of the candidates\
  \ who fulfil the conditions for the post are suitable for the post in the light\
  \ of their professional qualifications. The special selection board shall issue\
  \ a decision to those candidates who fulfil the conditions and are also suitable\
  \ for the post, and a special decision to those candidates who, although they fulfil\
  \ the conditions for the post, have not been classified as suitable for the post\
  \ on the basis of their professional qualifications. The selection board shall submit\
  \ the list of candidates who, on the basis of their qualifications, are suitable\
  \ for the post to the official who proposed the public or internal competition.\
  \ The final choice of the candidate to be appointed or proposed for appointment\
  \ to the post of acting official from the list of suitable candidates received shall\
  \ be the responsibility of the official to whom the acting official is responsible.\n\
  The standards of competence adopted by the Council of Officials shall be the basis\
  \ for ensuring professionalism at the highest levels of the civil service and for\
  \ implementing the principle of separation of politics and profession. The conditions\
  \ for tenure-track posts are therefore those applicable to clerical posts, plus\
  \ standards of competence, which include two sets of competences: experience and\
  \ managerial skills, and professional skills.\nIn accordance with the law, the Civil\
  \ Service Council also established the selection criteria by providing for the assessment\
  \ of the elements of each set of standards with ratings of inadequate and adequate,\
  \ and for the assessment of the experience and managerial skills and professional\
  \ skills set of standards with ratings of adequate and inadequate. The law provides\
  \ that a special selection board is to determine which candidates from among those\
  \ who meet the conditions of the competition are suitable for the post. However,\
  \ in determining the methods of verification of qualifications, the Official also\
  \ followed the law and provided for some of the methods already provided for in\
  \ the Civil Service Act as methods of verification of qualifications in the selection\
  \ procedure. These are the methods of determining the suitability of a candidate\
  \ on the basis of an examination of the documentation and supporting documents submitted\
  \ by the candidate and an interview with the candidate. In the light of the above,\
  \ we consider that the procedures for recruitment to civil service posts, including\
  \ those of a post-holder nature, are adequately and comprehensively regulated, taking\
  \ into account equal access to posts, objectivity and transparency in the conduct\
  \ of selection procedures, and the legal protection afforded by the statutory grounds\
  \ for appeal.  \n "
response date: 2012-10-02
response due date: null
sent date: 2012-07-23
title: Recruitment procedure in the civil service
upvotes: 13
url: https://predlagam.vladi.si/predlog/3436
