During the session on Thursday, the majority of Government members raised objections to the Proposal for Amendments to the Law on Civil Servants and State Employees. Their comments primarily focused on reducing the proposed criteria, prompting Minister of Public Administration Marash Dukaj to share his perspective on these colleague suggestions.

The government approved the draft law two days prior; however, it did not align with the initial proposal from the Ministry of Public Administration and the agreement with the European Commission (EC). Consequently, conclusions were drawn regarding provisions that were not acceptable to most ministers, leading to an amended regulation set to be presented to MPs for discussion and decision.

Dukaj highlighted that the draft law submitted by his department aimed to depoliticize state administration, which is why it garnered approval from the EC.

According to reports from “Vijesti,” other ministers expressed dissatisfaction with the recommendation that senior management personnel—heads of agencies, supervisors, inspectors, etc.—should hold a four-year university degree (VII-1 level of professional qualification).

Another point of contention for many ministers was the stipulation in the Draft Law submitted by the MPA that the acting head of a body must be elected from within the state administration workforce, rather than being allowed to transition from other sectors, consequently disregarding the new legal criteria.

The same sources noted that some ministers from the former Democratic Front were allegedly opposed to the MPA’s suggestion that the head of the agency must select the top-ranked candidate, which would eliminate the existing discretion to choose one of the three best-rated candidates. They insisted that managers should retain their discretion and have the ability to hire one of the three candidates based on their preference. Nevertheless, the government approved the original MPA proposal, meaning only the best candidates will be appointed.

As reported by “Vijesti”, the Minister of Economic Development and Deputy Prime Minister Nick Djelosaj shared the view that the original MPA Proposal contains effective solutions for the depoliticization of public administration.

MPA: They are taking the system backwards

The Ministry of Public Administration confirmed to the editorial team that Minister Dukaj expressed his opinions regarding the proposed changes to the legal text during the Government session.

“The Minister emphasized that the Draft Law is aligned with all the recommendations of the European Commission, which is why it received a positive opinion. He noted that these solutions promote depoliticization and bolster the professionalization of public administration, thereby facilitating its optimization and rationalization—an aim that the Minister and his team have been advocating throughout this process within both the 43rd and 44th Governments,” the MPA communicated to “Vijesti”.

They stress that “the minister did not endorse the changes to the law, which, in his opinion, would reverse progress in the system.”

“In particular, the minister did not support the provision requiring an educational background of 180 ECTS credits (a bachelor’s degree after three years of study) for all categories of civil servants, despite expertise and higher education being generally accepted standards for certain demanding positions. He also opposed allowing acting officials to come from any field, arguing instead for candidates to be sourced from the state administration system to enhance professional standards and streamline the state apparatus,” noted Marash Dukaj’s department.

They further stated that the minister disagreed with the issues raised during the session, although the views of other ministers were not consistent, particularly regarding the possibility of lobbyists serving as managers within the state administration system.

“Thus, the Minister articulated his opinion on essential grounds, including adherence to the European Commission’s requirement that reform measures and solutions in the law be upheld. Conversely, we at the Ministry recognize that the Government, as a collective body, proposes laws to the Parliament; therefore, the Draft Law on Civil Servants and State Employees will be revised according to the majority view expressed by Government members, and submitted to Parliament for approval. The Ministry anticipates that the General Secretariat of the Government will submit a verified conclusion from the session, clearly detailing interventions in the legal text,” emphasized Dukaj’s department.

Regardless of the outcome in parliament, the Ministry of Public Administration remains committed to enhancing the civil service system by proposing optimal solutions and developing a contemporary public administration that efficiently serves citizens and the economy.

What else is included in the bill?

The current Law on Civil Servants and Employees has been in force since July 2018. Experience has revealed various shortcomings, which the European Commission also highlighted.

Apart from the disputed provisions, the Government sanctioned clauses related to a one-year compensation package for managers in case their mandates come to an end or in instances of reorganization. Employment contracts will terminate at age 66, per the Labor Law, and inspectors will now receive indefinite contracts instead of the previous five-year mandates.

The required years of experience for positions within public administration have been increased, and the establishment of a State Disciplinary Commission has been proposed.

“One of the primary reasons for the changes was the ambiguous roles of the president and members of the Disciplinary Commission, alongside their working methods as well as employment and legal status and rights after their mandate ends. The proposed amendments specify that procedures addressing both minor and major breaches of official duty will be managed by this commission, facilitating uniform treatment and alignment of legal practice regarding procedures for minor violations of official duty,” the Bill clarifies.

The President and members will be appointed by the Government upon the recommendation of the MPA, with professional and administrative tasks managed by the Ministry.

“This initiative aims to rectify practical issues that have arisen when implementing the rights associated with the roles of the president and members of this Commission. It is noteworthy that the 2023 Report on the Disciplinary Commission’s Work indicates: ‘Given that financial resources for the Disciplinary Commission are allocated within the Human Resources Administration budget, and no separate provisions are made to specify the budget, the Disciplinary Commission has been unable to secure more adequate material working conditions independently. Moreover, it is essential to note that the working conditions and technical resources for the Disciplinary Commission and its professional services are exceedingly poor’,” the explanation states.

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