Objectivity of criteria for demotion of civil servants in the legislative framework
Expert review of primary and secondary legislation on the demotion of civil servants. Expert review of official and academic reports (e.g. by the ombudsman, by the body in charge of the inspection of the civil service, if it exists, and by the civil service central co-ordination unit). If there are separate provisions regulating the senior civil service, they are not assessed under this sub-indicator.
Shortcomings in the clarity of the legal provisions means that the legislation allows for different interpretations or lack of precision, or the process set in secondary legislation (for example related to disciplinary procedures or appraisals) does not fully guarantee decisions based on merit.
Shortcomings in the practice of dismissals are identified by analysing official, well-documented reports or reliable academic studies that show significant shortcomings in the practice of dismissals.
Yes
No
No data available / not assessed
The civil service legislation either does not allow for the demotion of civil servants or allows it as a result of a disciplinary process or reorganisation or downsizing (2 points) | |
The civil service legislation either does not allow for the demotion of civil servants or allows it as a result of a disciplinary process or reorganisation or downsizing, but there are shortcomings in the clarity of the legal provisions or evidence of shortcomings in practice of dismissals (1 point) | |
The civil service legislation allows for demotions for reasons other than disciplinary process, reorganisation or downsizing (0 points) |