Text file: 3641.txt
author: S. Uradnik
downvotes: 0
end consideration date: 2012-10-12
id: '3641'
number comments: 4
number views: 2325
proposal type: Competent authority response
response: "Response from the Ministry of Justice and Public Administration\nThe proposal\
  \ concerns the monitoring of the efficiency, professionalism and performance of\
  \ officials in the posts to which they are appointed at the discretion of the Head\
  \ of State. Candidates for recruitment to civil servant posts in State administration\
  \ bodies and local authority administrations are selected in accordance with the\
  \ procedure laid down in the Civil Servants Act (Official Journal of the RS, No\
  \ 63/07 - official consolidated text and No 65/08; hereinafter referred to as 'the\
  \ CJA'), as further specified in the Regulation on the procedure for filling posts\
  \ in State administration bodies and judicial bodies (Official Journal of the RS,\
  \ No. As follows from the provisions of the ZJU, the recruitment of civil servants\
  \ is carried out in such a way as to ensure equal access to posts for all interested\
  \ candidates under equal conditions (7. There may be several stages in the selection\
  \ procedure, and candidates are selected in stages - assessment of qualifications\
  \ from the documentation submitted by the candidate, a written aptitude test, an\
  \ oral interview or in another form - (61. 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 a candidate may seek legal redress by lodging an\
  \ appeal with the competent Civil Service Appeals Board. Of the officials who conclude\
  \ an employment contract to perform their duties following a public competition,\
  \ the heads of internal organisational units, that is to say, heads of posts, other\
  \ than those posts to which the ZJU provides that they are to be appointed otherwise\
  \ (Article 82 - acquisition of the post), are appointed by a decision of the Government,\
  \ the minister responsible for administration or the mayor, from among the officials\
  \ who conclude an employment contract to perform their duties following a public\
  \ competition. Officials may also be transferred from non-official posts to posts\
  \ of an official nature, but these officials have also been recruited for an official\
  \ post following a public competition in which they had to demonstrate professional\
  \ and other competences in addition to meeting all the conditions required for an\
  \ official post.\nPursuant to Article 81(2) of the Staff Regulations, the conditions\
  \ for obtaining the post and the title in which the post may be held are laid down\
  \ in the institution's Staff Regulations, and functional skills in administrative\
  \ and human resources management and other specialised skills may also be laid down\
  \ as a condition for obtaining the post (Article 81(1)(a) of the Staff Regulations).\
  \ 138/04, 35/05, 60/05, 72/05, 112/05, 49/06, 140/06, 9/07, 33/08, 66/08, 88/08,\
  \ 8/09, 63/09, 73/09, 11/10, 42/10, 82/10, 17/11, 14/12, 17/12, 23/12; hereinafter\
  \ referred to as the \"Regulation\"), it is the task of the Heads of Internal Organisational\
  \ Units (hereinafter referred to as: The tasks of the IOEs are to plan, organise,\
  \ direct and supervise the work of the IOEs, to decide on matters within the scope\
  \ of the work of each IOE which are delegated to them by the Head of the IOE, and\
  \ to carry out the most complex professional tasks within the IOEs (first paragraph\
  \ of Article 26(1) of Regulation (EC) No 1049/2001). Each head of a NOE is accountable\
  \ for his/her work and for the work of the organisational unit he/she heads to the\
  \ head of the higher organisational unit, or, in the absence of a higher organisational\
  \ unit, to the Head of the NOE alone, with the head of each NOE also being accountable\
  \ to the Head of the NOE (Art. 24 of the Regulation).\nThe Head of the Authority\
  \ may, in the event that the head of the NOE does not perform his/her management\
  \ duties in a professional manner, or where he/she finds that the NOE is not performing\
  \ his/her work effectively as a result of unprofessional, inappropriate or ineffective\
  \ management, transfer the head of the NOE to a post in which management duties\
  \ are not performed, in accordance with the provisions of the CEOS. Similarly, an\
  \ official who is found to be unfit for his post may also have his contract of employment\
  \ terminated by the employer with effect from the expiry of the period of notice,\
  \ if the official cannot be transferred to another suitable post for which he is\
  \ eligible.\nIn the light of the above, we consider that, at the level of the normative\
  \ regulation of the system and organisation of civil servants, which is, inter alia,\
  \ the responsibility of the Ministry of Justice and Public Administration, the supervision\
  \ of the performance of officials in post-holders' posts is permissible, possible\
  \ and feasible. However, it is the responsibility of the immediate superior to apply\
  \ the cited provisions of the law and the provisions of the by-laws in practice.\n\
  The Ministry of Justice and Public Administration is not competent and cannot influence\
  \ the resolution of specific situations and possible inadequate management of human\
  \ resources in the bodies of the State administration. Nevertheless, we would like\
  \ to draw attention to the procedures laid down for the protection of the rights\
  \ of civil servants, which are regulated by the provisions of the Law on the Protection\
  \ of the Rights of Civil Servants (Article 24), and the powers and competences of\
  \ the inspectors of the civil servants' system under the provisions of that law\
  \ (Article 180).\n "
response date: 2012-11-15
response due date: null
sent date: 2012-09-13
title: Efficiency of public services and bodies
upvotes: 18
url: https://predlagam.vladi.si/predlog/3641
