Right to information on results and appeal

Legislation establishes the obligation to inform participants in recruitment procedures of the results of each qualifying round

Legislation provides for the right of candidates to appeal recruitment decisions to an administrative instance

Review of primary and secondary legislation regulating selection procedures to access public service positions in the central government administration. Only recruitment open to external candidates is considered. If there are separate provisions regulating recruitment to top management public service positions, they are not considered. For the assessment, general legislation on the public service is analysed. It may include a law on the civil service, and/or the general law on the public service, if it exists. Provisions of the labour law that may apply to recruitment of public servants are only considered if there is an explicit reference to them in general legislation on the public /civil service, or if the labour law is the general law regulating employment in the public service. Special legislation that may apply to some groups of public servants in the central government administration is not considered for the assessment. The analysis must determine whether the general civil service and/or public service legislation establishes the right of candidates participating in public service recruitment procedures open to external candidates to appeal recruitment decisions to an administrative instance. Candidates include applicants and eligible candidates (i.e., applicants who meet the requirements of the job announcement and were pre-selected to participate in the selection phase). The general civil service and/or public service legislation must include all the elements above to score points. Otherwise, 0 points are awarded. If the general civil service and/or public service legislation fulfils the criterion, a reduction of points may be applied based on the checklist to assess in sub-indicator 8.3, criterion 2. The following six groups of institutions are assessed: ministries; customs administration, tax administration; foreign service; other three bodies reporting directly to the government, prime minister or ministers with the highest number of employees; regulatory authorities operating in the following domains: competition protection, energy, electronic communications, audio-visual media services. These groups correspond to groups a), b), c), d) e), and g) analysed in sub-indicator 8.3, criterion 2.

Legislation provides for the right of candidates to appeal recruitment decisions to the courts

Review of primary and secondary legislation regulating selection procedures to access public service positions in the central government administration. Only recruitment open to external candidates is considered. If there are separate provisions regulating recruitment to top management public service positions, they are not considered. For the assessment, general legislation on the public service is analysed. It may include a law on the civil service, and/or the general law on the public service, if it exists. Provisions of the labour law that may apply to recruitment of public servants are only considered if there is an explicit reference to them in general legislation on the public /civil service, or if the labour law is the general law regulating employment in the public service. Special legislation that may apply to some groups of public servants in the central government administration is not considered for the assessment. The analysis must determine whether legislation establishes the right of candidates participating in public service recruitment procedures open to external candidates to appeal recruitment decisions to the court. Candidates include applicants and eligible candidates (i.e., applicants who meet the requirements of the job announcement and were pre-selected to participate in the selection phase). The analysis of the scope for the point allocation is based on the checklist to assess SI 8.3, Criterion 2. The following six groups of institutions are assessed: ministries; customs administration, tax administration; foreign service; other three bodies reporting directly to the government, prime minister or ministers with the highest number of employees; regulatory authorities operating in the following domains: competition protection, energy, electronic communications, audio-visual media services. These groups correspond to groups a), b), c), d) e), and g) analysed in SI 8.3, criterion 2.

There is statistical data on appeals to recruitment decisions

Review of reports or data on appeals of recruitment decisions filed in the two last full calendar years, including the appeals and the result of the appeals. Data should include information from all the appeal instances contemplated in legislation for public service recruitment procedures open to external candidates in the central government administration. If centralised information is not available, 0 points are awarded. If it is available but it is incomplete (i.e., it does not include data from all the appeal instances or from all central government administration bodies subject to the general public service legislation) 0 points are awarded.