Merit-based and competitive recruitment of top managers

The principles of merit and competition are the key legal principles for access to top managerial positions in public administration

The assessment will verify relevant primary and secondary legislation. Merit and competition are explicitly stated in the legislation as the key selection criteria. Final discretional selection on a merit-based shortlist is acceptable.

All the Top Public Management (TPM) competitions are open to internal and external candidates

Review of laws, reports and government websites. The assessment will verify relevant primary and secondary legislation.

The Top Public Management (TPM) vacancy announcements include a job description with competency and experience requirements and salary information

The vacancies are widely announced

The deadline to submit applications is no less than 20 calendar days

The top manager recruitment processes attract enough eligible candidates to ensure competitiveness (%)

Review of all recruitments for top management positions in the latest full calendar year (adding previous years if necessary to reach five cases) to verify if the criterion is met. Review of official government data data about eligible candidates.The number of TPM selection procedures with five or more eligible candidates (internal+external) is divided by the total number of TPM selection procedures, and it is expressed as a percentage. Points are allocated based on the percentage of selection procedures with 5 or more eligible candidates (x): • x < 20% = 0 points • 20% ≤ x < 100% = linear function • x = 100% = 6 points.

Legislation does not allow participation of elected authorities or political appointees in selection committees

Review of relevant primary and secondary horizontal/general legislation. According to horizontal legislation, 2 points = political appointees* cannot be included in selection committees. *Political appointee: discretionally appointed to the position by a political authority, without a competitive and merit-based procedure

Legislation ensures the professional composition of selection committees

Review of relevant primary and secondary legislation. According to horizontal/general legislation, 1 point = the composition of the selection committees and/or the way in which they are appointed favours professionalism and independent decision-making; this can be promoted by regulations such as: ensuring majority of external members, appointments from a non-political position or appointment of prestigious independent individuals as permanent members.

Legislation protects autonomous functioning and decision-making of the selection committees

Review of relevant primary and secondary legislation. According to horizontal/general legislation, the criteria to appoint the chair of the selection committee and their basic rules of procedure protect their independent decision-making; this can be promoted by regulations such as: ensuring the chair is occupied by an external, or elected by the members, or on a rotational basis; ensuring the confidentiality of the individual scoring; protecting the member from external influences.

Members of selection committees were professionals

Review of the latest five recruitments for top management positions in the latest full calendar year (adding previous years if necessary to reach the five cases) to verify if the criterion is met. If there has been a legal reform on this issue in the last five years, all cases should be from after the legal reform came into force. It is also checked that none of the selection committee members had a profile outside of these types: - top public managers or other public servants - renowned external experts (HR/or from the same field) - non-politically selected member of the TPM system governing body or agency/unit in charge of civil service staff selection; If some of their members have been discretionally appointed through political criteria* they should not participate in selection committees. Observer members from any origin/affiliation may be accepted if not occupying political positions (i.e. observers from unions, public bodies or civil society organisations). *Paying attention to the selection criteria and not to the appointment authority; no objection if an individual is formally appointed by a political authority after a competitive merit-based selection procedure. Points are allocated based on the percentage of recruitment files that meet the criterion (x): • x = 0% = 0 points • 0% < x < 100% = linear function • x = 100% = 2 points.

At least one member of the selection committee was an HR professional

Review of the latest five recruitments for top management positions in the latest full calendar year (adding previous years if necessary to reach the five cases) to verify if the criterion is met. If there has been a legal reform on this issue in the last 5 years, all cases should be from after the legal reform came into force. The criterion is fulfilled if at least one member of the selection committee is expert in human resource management (HRM). Namely, the person is an HR staff with responsibilities on recruitment in the public service central co-ordination unit or in the recruitment authority’s HR unit (if different from the central co-ordination unit). Or the person is an external expert with professional qualification and experience in HR selection (for example, a person with a university degree on occupational psychology, or a certified diploma on HRM requiring higher education, and relevant experience in staff selection). Points are allocated based on the percentage of recruitment files that meet the criterion (x): • x = 0% = 0 points • 0% < x < 100% = linear function • x = 100% = 1 point.

Selection committee members received advice on performance indicators/expected behaviours

Selection process was designed based on the job contents and the job profile consequently required, not including any requirement discriminatory or not relevant for effective performance

Selection techniques included a structured interview

Review of the latest five recruitments for top management positions in the latest full calendar year (adding previous years if necessary to reach the five cases) to verify if the criterion is met. If there has been a legal reform on this issue in the last five years, all cases should be from after the legal reform came into force. The criterion is fulfilled if the selection techniques used to assess against the required job profile included a structured interview*. *An interview in which the structure of the questionnaire is the same for all the candidates. If the structured interview includes the assessment of managerial competencies, it must be based on a pre-defined competency model encompassing top managerial positions. At a minimum, the competency model must include the list of competencies, the definition of each competency, and behavioural indicators describing specifically how a competency can be observed. Points are allocated based on the percentage of recruitment files that meet the criterion (x): • x = 0% = 0 points • 0% < x < 100% = linear function • x = 100% = 1 point.

Selection techniques included either practical cases or written essays

Review of the latest five recruitments for top management positions in the latest full calendar year (adding previous years if necessary to reach the five cases) to verify if the criterion is met. If there has been a legal reform on this issue in the last five years, all cases should be from after the legal reform came into force. The criterion is fulfilled if the selection techniques* used included practical cases or written essays in all cases assessed. *If those techniques were intended to assess managerial competencies, a pre-defined competency model encompassing top managerial positions is required. At a minimum, the competency model must include the list of competencies, the definition of each competency, and behavioural indicators describing specifically how a competency can be observed. Points are allocated based on the percentage of recruitment files that meet the criterion (x): • x = 0% = 0 points • 0% < x < 100% = linear function • x = 100% = 1 point.

Legislation stipulates that the highest-ranked candidate or one from a shortlist of up to three best candidates is to be selected for appointment as TPM

Review of relevant primary and secondary legislation.

The highest-ranked candidate or one from a shortlist of up to three best candidates was effectively appointed

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

Review of relevant primary and secondary legislation. The analysis must determine whether legislation establishes the right of all applicants participating in TPM recruitment procedures to appeal recruitment decisions to the court.

Top management positions occupied by acting officials (%)

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 on 31 December is divided by the total number of these positions, expressed as a percentage. Points are allocated based on the percentage of top management positions occupied by acting officials (x): • x > 25% = 0 points • 10% ≤ x ≤ 25% = linear function • x < 10% = 2 points.

Acting officials in top management positions who are career/permanent public servants (%)

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 who are career/permanent public servants on 31 December is divided by the total number of TPM positions occupied by acting officials, expressed as a percentage. Points are allocated based on the percentage of acting officials in top management positions who are career/permanent public servants (x): • x < 25% = 0 points • 25% ≤ x < 100% = linear function • x =100% = 4 points.