Adequacy of the legislative framework for merit-based recruitment for senior civil service positions
Expert review of legislation and regulations.
Points are allocated for each of the following 10 criteria (total of 15 points).
Adequacy of the legislative framework for merit-based recruitment for senior civil service positions - 1.
Criteria fulfilled: 0/9
Yes
No
No data available / not assessed
| The principle of merit is included in the civil service legislation as a criterion for access to senior civil service positions (1 point) | |
| Clear and non-discriminatory eligibility criteria for access to senior 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 due to 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 in line with EU Directive 2000/78/EC on Equal Treatment at Work) (2 points) | |
| Competitions (internal or external) for senior civil service positions are established by law as the only way of accessing the senior civil service (2 points) | |
| The deadline to submit applications is defined as at least ten working days from the date of the announcement (1 point) | |
| If the legislation allows for acting senior civil servants, it sets a maximum non-renewable time limit of no longer than six months (1 point) | |
| The law guarantees professional well-defined composition and functioning of selection committees, with no political interference (political appointees cannot be members) (1 point) | |
| The legislation foresees that recruitment procedures to assess candidates to senior civil service positions include both written and oral assessments (2 points) | |
| The right of candidates to appeal recruitment decisions is included in the applicable legislation (1 point) | |
| There are at least two appeal instances: an administrative instance and the courts (1 point) |
Adequacy of the legislative framework for merit-based recruitment for senior civil service positions - 2.
Yes
No
No data available / not assessed
| For senior civil service positions, legislation prescribes that the highest-ranked candidate should be appointed (or the second or third highest-ranked candidates can be appointed if written justification is provided) (3 points) | |
| For senior civil service positions, legislation stipulates that one of the three highest-ranked candidates should be appointed but written justification is not necessary (1 point) | |
| None of the above (0 points) |