Adequacy of horizontal scope of the public service

This sub-indicator focuses on the scope of public service as defined in The Principles of Public Administration. In some countries, the scope of the civil service is very broad (covering teachers, nurses, doctors, etc.), while in other countries it is limited to core government policy making functions. As a result, the scope of the civil service law (CSL) varies significantly from country to country. Analysis focuses on selected groups of institutions that should form the core public service. The following eight groups of institutions are assessed: • ministries • customs administration • tax administration • foreign service • other bodies reporting directly to the government, prime minister or ministers (check of the legislation related to three institutions) • administration of the parliament, the president and the prime minister • three selected regulatory authorities • the supreme audit institution (SAI) and ombudsman institution Assessors review the legislation to determine whether the CSL applies to all the selected groups of institutions of the public service. In cases where groups of public service institutions are not covered by the CSL, selected legislation applying to those institutions is analysed. That is why the wider term “public service” is used in this sub-indicator. Where special legislation exists, regulations related to HR are analysed to determine if the legislation ensures merit and professionalism in these institutions. The analysis focuses on recruitment, promotion and dismissals. The analysis is supplemented by data on the number of employees and public/civil servants working in the selected groups of public service institutions (whose employment is usually regulated by the public law). This does not directly influence the value of the indicator, but it can highlight situations where a disproportionally high number of employees are excluded from public/civil service. All positions involved in the exercise of public authority and safeguarding the interest of the state should be held by public/civil servants. E.g. if the majority of employees of the tax service (i.e. all those employed, under public law or the labour code) were not subject to public/service law provisions (or special legislation ensuring merit based, professional public service), 0 points are allocated, even if a minority of employees are covered by proper public service legislation. If, in HR, at least 7 of the 8 groups are regulated in one public law/CSL (even if some special regulations apply), 1 additional point will be awarded, as this ensures coherency and facilitates management of the system (for a total of 6 points for this sub-indicator). Point allocation: • 5 points = merit and professionalism are ensured in all 8 groups of institutions • 4 points = ... in 7 of the 8 groups • 3 points = ... in 6 of the 8 groups • 2 points = ... in 5 of the 8 groups • 1 point = ... in 4 of the 8 groups • 0 points = ... in fewer than 4 of the groups

Regulation in HR

Yes
No
No data available / not assessed
In HR, at least 7 of the 8 groups are regulated in one public law/CSL (even if some special regulations apply) (1 point)
In HR, less than 7 of the 8 groups are regulated in one public law/CSL (even if some special regulations apply) (0 points)

For which of the 8 groups does legislation ensure merit and professionalism (could be civil service law or special legislation)?

Criteria fulfilled: 0/8

Yes
No
No data available / not assessed
Ministries
Customs administration
Tax administration
Foreign service
Other bodies reporting directly to the government, prime minister (PM) or ministers
Administration of the parliament, the president and the prime minister
Three selected regulatory authorities
The supreme audit institution (SAI) and ombudsman institution