Comments of the Institute Alternative to the Draft Law on Civil Servants and State Employees

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The current Draft Law on Civil Servants and State Employees incorporates certain solutions that follow Institute Alternative’s earlier suggestions, especially with regard to the explicit recognition of heads of state authorities as a category within the civil service system (See: Professionalization of Senior Civil Service in Montenegro: Between State and Politics, Institute Alternative, Podgorica, November 2014, available at: http://media.institut-alternativa.org/2015/02/profesionalizacija-rukovodnog-kadra-u-cg.pdf).

Some progress has been made in terms of the professionalization of the Appeal Commission and the Disciplinary Commission.

However, remarks on the draft text, inter alia, relate to:

▪ high interdependence of proposed solutions with sub-legal acts,

▪ insufficiently elaborated assessment of candidates’ ability to act as head of state authority and senior management personnel,

▪ an attempt to legally introduce a psychological assessment of candidates from the “selection list”

▪ Retaining and extending the discretionary powers of the heads of state authorities to not select best-rated candidates,

▪ the inevitability of the political decision-making when deciding on the choice,

▪ an insufficiently regulated institute of deployment,

▪ Lack of impact analysis of regulations.

Detailed comments can be found on the link below.

IA Team

Comments of the Institute Alternative to the Draft Law on Civil Servants and State Employees

 

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