Adequacy of the legislative framework for merit-based recruitment for civil service positions
Expert review of legislation. For this indicator, only the legislation is analysed, not its implementation. If there are separate provisions regulating the senior civil service, they are not assessed under this sub-indicator.
Selection committee members are considered to be safeguarded from political interference if, as a minimum, political appointees may not be members of selection committees and members of the selection committee may not be chosen by political appointees.
The best ranked candidate should be appointed to the position. The only exception allowed is when groups that are discriminated against are privileged, in line with EU Directive 2000/78/EC) or if the second ranked candidate is appointed after the first ranked resigns. Political appointees should not be free to change decisions of the selection committee.
Points are awarded for each of the following 15 criteria (total of 18 points).
Criteria fulfilled: 15/15
Yes
No
No data available / not assessed
| The civil service legislation includes the principle of merit to access for all civil service positions (1 point) | |
| Clear and non-discriminatory eligibility criteria for accessing civil service positions are established (criteria could include 1) citizenship; 2) full legal capacity to act; 3) proficiency in the country’s languages; 4) a clean criminal record; 5) no prior dismissal from the civil service as a result of a disciplinary sanction; 6) specification of minimum age; and 7) fulfilment of requirements for the vacant position. In some cases, positive discrimination may be allowed, for example regarding disabled people and ethnic/community representation, if it is in line with the EU Directive 2000/78/EC on Equal Treatment at Work) (1 point) | |
| Positive discrimination for people from disadvantaged groups (e.g. the disabled) is promoted (if it is in line with the Directive 200/78/EC on Equal Treatment at Work) (1 point) | |
| Staffing plans, based on staffing needs, are required for individual institutions and co-ordinated centrally or there is one central staffing plan (1 point) | |
| The legislation establishes the professional categories of the civil service and the classes/subcategories applicable to each category; the responsibility for developing and approving job descriptions and for evaluating and classifying job positions; and the criteria and methods for job descriptions, evaluation and classification (1 point) | |
| Competitions established by law are the sole avenue of admission into the civil service (it is possible to allow graduates of government schools to access the civil service without competition, if recruitment to the school is competitive and merit based) (2 points) | |
| The deadline to submit applications is defined as at least ten working days after the announcement (1 point) | |
| The legislation guarantees professional composition of selection committees (composition is clearly established in the legislation and ensures sufficient expertise and experience of committee members) (1 point) | |
| Selection committee members are safeguarded from political interference (2 points) | |
| Both the written and verbal elements (structured interviews) used to assess candidates who participate in civil service recruitment procedures are established by legislation (1 point) | |
| The secondary legislation is detailed enough to guarantee a uniform approach to selection across the civil service (1 point) | |
| Anonymity of written examinations is guaranteed (1 point) | |
| The best-ranked candidate (after the selection phase) is appointed to the position. In pool recruitments, there are measures in place that ensure that the best-ranked candidates are appointed (2 points) | |
| The right of candidates to appeal recruitment decisions is included in the legislation (1 point) | |
| There are at least two appeal instances: an administrative instance, and the courts (1 point) |