During Thursday's session, most members of the Government had objections to the Proposal for Amendments to the Law on Civil Servants and State Employees, and their remarks mainly lowered the proposed criteria, which is why the Minister of Public Administration Marash Dukaj expressed an opinion regarding these suggestions from colleagues.
The government adopted the draft law two days ago, but not as proposed by the Ministry of Public Administration and agreed with the European Commission (EC). Conclusions were adopted regarding provisions that did not suit the majority of ministers, so the amended regulation will be submitted to MPs for discussion and decision-making.
Dukaj singled out his opinion by emphasizing that the draft law that his department submitted to the Government was aimed at depoliticizing the state administration, which is why it received the green light from the EC.
According to information from "Vijesti", other ministers were dissatisfied with the proposed solution that senior management personnel - heads of agencies, bosses, inspectors... must have completed a four-year university degree (VII-1 level of professional qualification).
For most ministers, it was also controversial that the Draft Law submitted by the MPA stipulated that the acting head of the body must be elected from among employees in the state administration, and not that they come to the public service from other sectors, without respecting the new legal criteria.
The same editorial sources said that some ministers from the former Democratic Front allegedly objected to the MPA's proposal that the head of the agency must choose the first-ranked candidate, which would abolish the current discretionary right to choose one of the three best-rated candidates. They demanded that managers retain discretion and hire one of the three candidates from the list at their discretion. The government, however, adopted the original MPA proposal, so only the best candidates will be hired.
According to sources from "Vijesti", the opinion was also expressed by the Minister of Economic Development and the Deputy Prime Minister. Nick Djelosaj, assessing that the original MPA Proposal contains quality solutions for the depoliticization of public administration.
MPA: They are taking the system backwards
The Ministry of Public Administration confirmed to the editorial staff that Minister Dukaj "separated his opinion in relation to the directly proposed changes to the legal text, which were put forward during the Government session."
"The Minister pointed out that the Draft Law is in line with all the suggestions of the European Commission, which is why it received a positive opinion, and that these are solutions that go towards depoliticization and strengthening the professionalization of public administration, and therefore its optimization and rationalization, which is exactly what the Minister and his team are advocating for throughout this entire process, and through their work within the framework of the 43rd and 44th Governments," the MPA responded to "Vijesti".
They emphasize that "the minister did not support the changes to the law which, in our opinion, set the system back."
"Specifically, the minister did not support prescribing a school education of 180 ECTS credits (a bachelor's degree obtained after completing three years of studies) for all civil servant categories, although expertise and a higher level of education are generally accepted standards for certain more demanding positions. He also did not support leaving the possibility that acting officers could come from any branch, although it was proposed that they should be from the state administration system in order to professionalize and rationalize the state apparatus," Maraš Dukaj's department points out.
He, they say, did not agree with the issues that arose during the session, although the positions of other ministers in this regard were not uniform, and they concern the possibility that lobbyists can be managers in the state administration system.
"Therefore, the Minister has singled out the opinion for essential reasons, including the European Commission's request that reform measures and solutions from the law should be supported. On the other hand, we at the Ministry are aware that the Government, as a collective body, proposes laws to the Parliament, so the Draft Law on Civil Servants and State Employees will be innovated in accordance with the majority position expressed by the members of the Government, and as such sent to the Parliament for adoption. The Ministry expects the General Secretariat of the Government to submit a verified conclusion from the session with precisely stated interventions on the legal text," Dukaj's department specified.
They also say that, whatever the outcome in parliament, the Ministry of Public Administration will continue to work towards strengthening the civil service system by proposing the best solutions and creating a modern public administration as a professional and efficient service to citizens and the economy.
What else is written in the bill?
The current Law on Civil Servants and Employees has been in effect since July 2018, and practice has shown that there are shortcomings, which were also pointed out by the European Commission.
In addition to the solutions that the ministers disputed, the Government adopted provisions relating to one-year compensation for managers in the event that their mandate expires or there is a reorganization of the body. Employment will end at the age of 66, in accordance with the Labor Law, and inspectors will receive indefinite contracts, instead of the previous five-year mandates...
The required number of years of experience for work in public administration has also been increased, and the institution of the State Disciplinary Commission has been introduced.
"One of the main reasons for the changes was the unclear position of the president and members of the Disciplinary Commission, the manner of its work, as well as the employment and legal status of its members, and their rights after the termination of their mandate. The proposed changes stipulate that procedures for both minor and major violations of official duty will be conducted before this commission, which will lead to uniform treatment and harmonization of legal practice in relation to procedures for minor violations of official duty," the Bill explains.
The President and members are appointed by the Government upon the proposal of the MPA, and professional and administrative tasks are performed by the Ministry.
"This institute aims to solve practical problems that arose when exercising the rights arising from the work of the president and members of this Commission. It should also be noted that the Report on the Work of the Disciplinary Commission for 2023 states: 'Given that the financial resources for the work of the Disciplinary Commission are provided within the budget of the Human Resources Administration, and that no special position is foreseen that determines the amount of funds allocated for the Commission, the Disciplinary Commission could not independently provide more adequate material working conditions. It is no less important to point out that the material and technical conditions for the work of the Disciplinary Commission and professional services are extremely poor'", the explanation specifies.
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