Area: Pravosodje
Competent authority: MNZ
EZU URL: .nan
Initiative ID: 31
Initiative accepted and completed: '2012-06-18'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2012-04-20'
Initiative published: '2012-04-20'
Initiative submitted: '2012-04-18'
Response from the competent authority: Article 3(2) of the Civil Servants Act (Official
  Journal of the RS, No 56/02, 110/02, 2/04, 23/05, 62/05, 113/05, 21/06, 131/06,
  33/07, 65/08, 69/08 and 69/08, hereinafter referred to as the "CCA") provides that
  the employer in a state body is the Republic of Slovenia, and in the administration
  of a local authority is the local community.  Furthermore, Article 147 of the ZJU
  provides that a public servant may be transferred within the same employer to another
  post on the grounds of work requirements (without consent) or with his/her consent
  or at his/her own request. The transfer may be permanent or temporary, with a maximum
  duration of two years for a temporary transfer.If a vacant post in an institution
  cannot be filled by transfer of a civil servant from the same institution, an internal
  competition may be held in accordance with Article 57(2) of the Civil Servants Act
  (Official Gazette of the Republic of Slovenia, No 56/02, 110/02, 2/04, 23/05, 62/05,
  113/05, 21/06, 131/06, 33/07, 65/08, 69/08 and 69/08, hereinafter referred to as
  'the CEOS'). However, subject to the provisions of the third and fourth paragraphs
  of the abovementioned Article of the CEOS, the internal competition shall be implemented
  in such a way as to cover also other public authorities which have concluded a specific
  agreement to that effect. Pursuant to Article 57 of the Civil Servants Act, the
  procedure for conducting internal competitions in the State administration and judicial
  authorities is laid down in more detail in the Regulation on the procedure for filling
  vacant posts in the State administration and judicial authorities (Official Gazette
  of the RS, No 139/06 and 104/10). In such a case, therefore, the internal competition
  is carried out with a view to selecting a civil servant from another body to be
  transferred to the vacant post, and a candidate who, although employed in the civil
  service, is not employed in a body which has concluded an agreement to integrate
  the internal labour market into its internal labour market cannot be a candidate
  in such an internal competition. An updated list of the bodies covered by the agreement
  with the Government on 12 March 2012 is published on the website of the Ministry
  of Justice and Public Administration http://www.mju.gov.si/si/delovna_razmerja_in_stipendiranje/.Za.
  However, the mandatory inclusion of all other public bodies in the internal competition
  procedures, as proposed in your initiative, requires an amendment of the law governing
  the civil service system. We will therefore reconsider your proposal in the context
  of the future amendment of the Staff Regulations and will take it into account in
  the drafting of the legislative solutions.
Text file: 31.txt
Title: Conduct of internal competitions prior to open competitions for recruitment
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=31
