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Civil Service in a European Administrative Space. General principles – duties and rights of civil servants Wolfgang Rusch, Sigma “Building a Professional Civil Service in Kosovo” Pristina, 26-27 June 2008. The European Administrative Space. Rule of Law → public administration through law
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Civil Service in a European Administrative Space General principles – duties and rights of civil servants Wolfgang Rusch, Sigma “Building a Professional Civil Service in Kosovo”Pristina, 26-27 June 2008
The European Administrative Space • Rule of Law → public administration through law • Openness and transparency • Accountability • Efficiency and effectiveness
European Standards for Civil Service • Separation of public – private sphere • Depoliticisation • Individual accountability of civil servants • Job protection and stability • Legally defined duties and rights • Recruitment and promotion based on merit
Duties of a civil servantPart I • Legality and accountability • Loyalty primarily to the constitution and the law • To advise superiors (“to tell the truth to those in power”) and carry out their lawful orders • Full personal accountability for the correct conduct of her/his actions
Duties of a civil servantPart II • Impartial and fair performance • Serve the people as a whole and not a political party or ethnic group • Limitation of political activities in and off duty • Avoid possible conflict of interests • Strict limitation on acceptance of any rewards or gifts • Respectful treatment of the citizen
Duties of a civil servantPart III • Other duties • Official secrets versus citizen’s right of information • Ban on having an additional occupation • Training • Restriction on the right to strike (ban?)
Rights of civil servants • Salary, vacation, pension • Regulated working hours • Protection against political or other influence from outside • Training • Access to personal files and records • Freedom of association
Disciplinary regulation • Punishment for breaches of duties • No contravention of “ne bis in idem” • The law regulates principles: • Categories of disciplinary offences • Categories of sanctions • Proportionality of sanctions • Right to be heard • Right to appeal