Area: Javna uprava
Competent authority: MNZ
EZU URL: .nan
Initiative ID: 221
Initiative accepted and completed: '2013-11-18'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2013-09-30'
Initiative published: '2013-09-30'
Initiative submitted: '2013-09-26'
Response from the competent authority: 'Reply from the Ministry of the Interior, Directorate
  for the Public Sector: With regard to the direction of education as a condition
  for filling the post, we would like to clarify that the Civil Servants Act (Official
  Gazette of the Republic of Slovenia, No. 63/07-UPB3, 65/08, 69/08-ZTFI-A, 69/08-ZZavar-E,
  74/09 Decree of the US: U-I-136/07-13 and 40/12-ZUJF, hereinafter referred to as
  the "ZJU"), in its Art.79. Article 79 of the Labour Code sets out the conditions
  for posts, which, in addition to the general conditions laid down by the labour
  law regulations, also specify the level and direction of education and other conditions
  necessary for filling a clerical or professional-technical post. Similarly, the
  Regulation on the internal organisation, systematisation, posts and titles in public
  administration bodies and judicial authorities (Official Gazette of the Republic
  of Slovenia, No 58/03, 81/03, 109/03, 43/04 (58/04 am.), 138/04, 35/05, 60/05, 72/05,
  112/05, 49/06, 140/06, 9/07, 101/07 Official Journal of the European Union, No.US:
  U-I-330/05-10, U-I-331/05-9, U-I-337/05-9, 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, 98/12, 16/13, 18/13, 36/13, 51/13
  and 59/13), Article 53(4) For a particular post, the level of education may be determined
  without specifying the field of study. In the case of clerical posts, the establishment
  plan may specify a course of study or, alternatively, several courses of study of
  the same level. In the case of technical and professional posts, the course of education
  or, alternatively, several courses of study shall be laid down in the classification
  of posts annexed to this Regulation or in the establishment plan.''.The reason for
  this arrangement is that in certain cases it is not possible to define precisely
  the course of education required for the performance of certain tasks. Given that
  the possibility of determining the level of education, which is based on the provisions
  of Article 87 of the Staff Regulations, should also be taken into account, and refers
  to the fact that it is possible to determine a minimum level of education (for example:
  at least higher or at least higher professional education), taking into account
  the fact that there are no specific courses of study at higher professional education
  level, it is possible to determine the courses of study selectively in the Act on
  the systematisation of posts. This means that: - where it is possible to specify
  the required course of study and it is possible to identify it unambiguously in
  the context of the competition procedure, it is reasonable to include it among the
  required conditions for filling the post; - where it is not possible to specify
  the course of study, or where a specific course of study is not necessarily required
  for the performance of the job, it is reasonable to specify only the required level
  of study in the job classification. Furthermore, with regard to the professional
  examination in administrative procedure as a condition for filling a post, we would
  like to clarify that it is necessary to take into account the third paragraph of
  Article 31 of the Act on General Administrative Procedure (Official Journal of the
  RS, No 24/06-UPB2, 105/06-ZUS-1, 126/07, 65/08, 47/09 US Decree No: U-I-54/06-32
  (48/09 am.(3) A person must pass the professional examination in administrative
  procedure no later than three months after the conclusion of the employment relationship
  for the post where the professional examination in administrative procedure is set
  as a condition for the occupation of the post.''.  Article 53(5) of the Regulation
  on the internal organisation, systematisation, posts and titles in public administration
  bodies and judicial authorities, requires a professional examination in administrative
  procedure as a prerequisite for posts where the tasks of conducting administrative
  proceedings and taking decisions in administrative proceedings are performed.The
  professional examination as a condition for filling the post must also be published
  in the competition notice, stating that a candidate who has not passed this professional
  examination may do so within three months of the conclusion of the contract of employment.
  However, in the eligibility procedure, candidates who have fulfilled this condition
  must be treated in the same way as those who have not passed the administrative
  procedure test. Under the law, as already indicated, they may pass the examination
  within three months of concluding the contract of employment, which means that failure
  to fulfil this condition cannot be a criterion for eliminating candidates or for
  not including them in the selection procedure. However, the Staff Regulations cannot
  provide for the passing of a professional examination in administrative procedure
  as a condition for filling a post, which a candidate should have already fulfilled
  when applying for the vacant post, since the law allows him to take it at a later
  stage.'
Text file: 221.txt
Title: Public administration recruitment and selection of professional staff
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=221
