A specific category and scope of the Top Public Management (TPM) system

Horizontal/ general legislation identifies and regulates separately positions with political functions from the positions with managerial functions

Review of relevant horizontal/ general legislation (such as laws and secondary legislation on government, ministries, agencies and civil service/public employment, eventually including the constitution) to verify that the distinction and delimitation between managerial positions and political positions (public authorities and other positions developing political functions) is clear and explicit. The horizontal legislation should identify and name the political and the Top Public Management (TPM) positions. The distinction and delimitation between managerial positions and positions with political functions is clear and explicit in the horizontal legislation. 2 points are awarded if compliant and 0 points if non-compliant.

Top positions with responsibilities to manage large policy/administrative areas in all ministries [usually referred to as directors-general in most EU countries] are included in the scope of the merit-based TPM

All positions in ministries entailing top managerial responsibility accountable to political authorities* or to superior managerial positions (including positions leading/managing large policy/administrative areas, usually referred to as Directors-General in the EU context) are included in the scope of the Top Public Management (TPM) (one or two levels of TPM are to be identified in the specific country under assessment. Except ministers, deputy ministers and secretaries with political functions, all other positions should be considered under merit-based TPM or regular civil service. *Usually ministers and deputy ministers (or equivalent, such as secretaries of state with political functions) The ministerial cabinets’ advisors are excluded. The criterion refers exclusively to the permanent administrative apparatus of ministries and ministerial agencies. Service delivery bodies and units staffed with non-administrative staff or special corps of public servants are not taken into account (for instance, army, police, diplomatic representations, hospitals or schools are excluded). The office of the Prime Minister or similar central bodies supporting the head of state, the head of government or the council of ministers are not taken into account. All other managerial positions are to be considered TPM or included in the regular civil service. All ministries are included in the scope of the merit-based Top Public Management. Points are not awarded if legislation allows exceptions in any ministry. If the system is decentralised and ministries have their own TPM system based on merit, the criterion is met. 2 points are awarded if compliant. 0 points if non-compliant. In the Western Balkans, some examples of potential TPM positions: • General Secretary, Secretary of State, Secretary of a Ministry, Assistant Minister • General Director, Director/Head of Authority (or deputy), Director/Head of Agency or Body (or deputy), Director of Directorate, Head of sector (usually a third-level managerial position)/

All directors of all agencies under ministries are included in the scope of the merit-based TPM

Horizontal/ general legislation is considered; specials laws may be also analysed, in case they exclude agencies from the merit-based Top Public Management (TPM). Bodies exclusively involved in political functions are not taken into account. This may include bodies directly supporting the head of state, the head of government or the council of ministers. Independent bodies or agencies not accountable to the executive are not considered.

The merit-based recruitment for TPM positions is regulated through separate provisions, distinct from other public servants

Primary and secondary horizontal/general legislation is considered. Substance provisions related to recruitment must be distinct (for instance, requirements for candidates, recruitment instruments, selection bodies, final appointment decisions, etc.). In addition to primary and secondary legislation, manuals or protocols about selection of top managers can also be taken into consideration to provide additional clarifications. Sector legislation is not analysed.

Persons performing TPM functions to whom the appointment period (the mandate) applies in practice (%)

Review of official government data and information about acting appointments in top management positions. The number of top management positions in ministries and ministerial bodies that are occupied by acting officials or performed on the basis of substitution on 31 December is divided by the total number of these positions and expressed as a percentage. Points are allocated based on the percentage of persons performing the function of TPM for whom the legislation doesn't fully apply as they have been appointed as acting, as substitutes and similar (x): • x > 25% = 0 points • 0% ≤ x ≤ 25% = linear function • X =0% = 4 points.