Presentacin de PowerPoint

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THE BASIC STATUTE OF THE PUBLIC EMPLOYEE
Tunis, 14 February 2008
Gloria Díaz Mesanza
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GOVERNMENT EMPLOYEES IN SPAIN

• SITUATION BEFORE 1978
• Before 1978 Spain was an unitary and highly
  centralized State.
• The powers of the State were concentrated in very
  few institutions.
• Organizational structure, planning and legal
  framework of the administration as well as the
  principles that govern administrative action ran
  parallel to this kind of structure.
• Public servants before 1978 1,713,372, all of
  them belonging to State Government (not included
  Local Government).

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GOVERNMENT EMPLOYEES IN SPAIN

• CURRENT SITUATION
• 1. Consolidation of a democratic system similar
  to the rest of the member States of the European
  Union.A change in the territorial organization of
  the State the creation of the State of
  Autonomous Communities (Title VIII of the
  Constitution of 1978).
• 2. A change in the territorial organization of
  the State the creation of the State of
  Autonomous Communities (Title VIII of the
  Constitution of 1978).

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GOVERNMENT EMPLOYEES IN SPAIN

• CHANGE IN THE TERRITORIAL ORGANIZATION OF THE
  STATE
• Radical transformation of the State and the
  public administration through a process of
  extensive political and administrative
  decentralization.
• Three different levels of autonomy State,
  Autonomous Communities (17), and the provinces
  (50) and municipalities (8,104) (local
  administration), plus the autonomous cities of
  Ceuta and Melilla.

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GOVERNMENT EMPLOYEES IN SPAIN

• CHANGE IN THE TERRITORIAL ORGANIZATION OF THE
  STATE II
• 1. A new constitutional distribution of powers
  between the State and the Autonomous Communities
• Matters that are within the exclusive power of
  the State.
• Matters that are within the exclusive power of
  the autonomous communities.
• Matters in respect of which the power may be
  shared between the State and the Autonomous
  Communities.

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GOVERNMENT EMPLOYEES IN SPAIN

• CHANGE IN THE TERRITORIAL ORGANIZATION OF THE
  STATE III
• 2. Each Autonomous Community has the right to
  create its own administration for the purposes of
  administering the services and functions that
  fall within the scope of authority of the
  relevant Autonomous Communitys government.
• 3. As a consequence of this change, the General
  State Administration has become the smallest of
  the three territorial levels (State, Regional,
  Local).

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EVOLUTION OF PUBLIC ADMINSTRATION SERVICE
PERSONNEL
The total work force in 2007 data was
collected in January of the respective year. It
also includes university personnel, which reaches
96,256, or, 3,8 of the total. Source INAP
(National Public Administration Institute- 1983
data) and the Central Personnel Registry (2007
data)
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CONSTITUTIONAL REGULATION THAT DEFINE THE
OFFICIAL EMPLOYMENT MODEL

• Art. 103 CE A law must regulate the civil
  service statute (general entry principles of
  merit and competence, special provisions
  applicable to the right to form unions,
  incompatibilities system and imparciality)
• Art. 149.1.18 CE The Central State reserves to
  itself the esclusive power to stablish the basic
  principles that govern the civil service statute.
• Art. 149.1.7 CE The Central State reserves to
  itself the exclusive power to regulate the labour
  law.

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POST-CONSTITUTIONAL BASIC LEGAL FRAMEWORK OF THE
CIVIL SERVICE

• Diversity of legal frameworks that regulate the
  civil service (Basic)
• Act on Measures for the Reform of the Civil
  Service in 1984. It introduces the figure of the
  posicion along with staff division.
• Act on the Incompatibilities System in 1984.
• Act on the Group Representation and Negotiation
  System in 1987.

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THE BASIC STATUTE FOR PUBLIC EMPLOYEE

• The text sets out the framework of general
  principles thal rules all situations of public
  emmployees, including personnel subject to the
  labour law, as well as everything that is common
  to all the public administrations (Central,
  Regional, Local).
• Codification to merge in one single law all the
  legislation on Civil Service and Public
  Employment.
• Respect of the Autonomous and Local
  Administrations competences. Its stablishes the
  basic regulations that must be developed by the
  Autonomous Comunities.

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THE BASIC STATUTE FOR PUBLIC EMPLOYEE

• The Constitutional Court has laid down certain
  guidelines in relation with the elements of the
  basic civil service model. In accordance with
  these guidelines, the basic official service
  model consists on the essential rights and duties
  that derive from the legal relationship that
  exists between public officials and the public
  administration.
• Core elements
• Access to employment in the official service, all
  people being guarateed equal opportunities in
  this regard, as well as the attainment and loss
  of status as public officials.
• The definition of the principles of merit and
  competence in relation to professional careers as
  public officials.

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THE BASIC STATUTE FOR PUBLIC EMPLOYEE

• 3. The organisation or basic structure of the
  official service.
• The rights, duties and responsibilities of public
  officials.
• Guarantees for maintaining the imparciality of
  public officials in the performance of their
  tasks.
• The rules that govern conflicts of interest and
  disciplinary action.
• The rules relating to remuneration that are
  common to all the public administratios.
• Collective rights and the peculiarities relating
  to the exercise of such rights.

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SUBJECTIVE SETTING

• ALL EMPLOYEES FROM ALL THE ADMINISTRATIONS,
  ENTITIES AND BODIES THAT COMPRISE THE PUBLIC
  SECTOR
• REGIONAL ADMINISTRATIONS
• PUBLIC BODIES
• PUBLIC BUSINESS ENTITIES
• PUBLIC FOUNDATIONS
• WITH THE EXCEPTION OF THOSE GROUPS REGULATED BY
  ORGANIC LAW

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ORGANISATIONAL PRINCIPLES

• CITIZEN SERVICES
• EQUALITY, MERIT AND ABILITY IN ENTRY AND
  PROFESSIONAL PROMOTION
• SERVICE OBJECTIVITY AND IMPARTIALITY
• FULL COMPLIANCE WITH THE LAW
• DEVELOPMENT AND PERMANENT PROFESSIONAL
  QUALIFICATION
• HIERARCHY
• PARTICIPATION AND NEGOTIATION
• COORDINATION AND COOPERATION

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EMPLOYEE CATEGORIES
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EMPLOYEE CATEGORIES

• SPECIFIC RULES FOR CIVIL SERVANTS AND FOR
  CONTRACTUAL PUBLIC EMPLOYEES (DUALITIY OF
  EMPLOYMENT RELATIONS)
• NO CONFUSION REGARDING SYSTEMS. HOWEVER, COMMON
  ELEMENTS SHOULD BE EMPHASISED (ADMINISTRATIVE LAW
  AND LABOUR LAW)
• THE CONSTITUTION OF 1978 HAS OPTED FOR A
  STATUTORY SYSTEM, WITHOUT EXCLUDING THE
  POSSIBILITY OF CONCLUDING EMPLOYMENT CONTRACTS.
• RESERVE OF PUBLIC SECTOR POSTS IF THEY INVOLVE
  THE EXERCISE OF PUBLIC AUTHORITY AND THE
  RESPONSIBILITY FOR SAFEGUARDING THE GENERAL
  INTEREST OF THE STATE IN FAVOUR OF CIVIL SERVANTS
  (European Court of Justice)

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GENERAL ENTRY PRINCIPLES

• PUBLICITY
• FREE COMPETITION AND EQUALITY
• PROHIBITION OF RESTRICTED TESTS
• MERIT AND ABILITY
• GUARANTEE OF INDEPENDENCE FOR THE SELECTION
  AUTHORITY AND OF MEMBER IMPARTIALITY,
  SPECIALISATION AND PROFESSIONALISM, EXCLUDING
  POLITICALLY ELECTED OR APPOINTED PERSONNEL, UNION
  REPRESENTATIVES, REPRESENTATIVE BODIES AND
  ASSOCIATIONS
• RECRUITMENT PROCEDURES OPEN TO EU CITIZENS AND
  FREE MOVEMENT OF WORKERS INTERNATIONAL TREATS
  (unless those posts that involve the exercise of
  public authority and the responsibility for
  safeguarding the general interest of the State)

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BASIC RIGHTS

• THE TREND TOWARDS THE UNIFICATION OF THE BASIC
  RIGHTS OF ALL PUBLIC EMPLOYEES SHOULD BE
  REFLECTED IN THE BY-LAWS
• Individual and collective
• Reconciliation of ones personal, family and
  professional life.
• THE MAIN DIFFERENCE BETWEEN THE CIVIL SERVICE
  SYSTEM AND THE CONTRACTUAL EMPLOYEE SYSTEM IS THE
  ACKNOWELDGEMENT OF THE INMOBILITY OF THE CIVIL
  SERVANTS. THIS SHOULD BE SUPPORTED AS AN
  ESSENTIAL GUARANTEE OF IMPARTIALITY.

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PROFESSIONAL PROMOTION

• POSSIBILITY OF IMPLEMENTING HORIZONTAL CAREER
  SYSTEMS
• DUTY TO INTRODUCE PERFORMANCE EVALUATION SYSTEMS
• ACKNOWLEDGEMENT OF INTERNAL PROMOTION THROUGH
  PROCEDURES THAT GUARANTEE THE PRINCIPLES OF
  EQUALITY, MERIT AND ABILITY

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FILLING OF POSTS

• RELEVANCE OF THE SUBJECT MATTER
• CONSTITUTIONAL PRINCIPLES
• NEED FOR A THOROUGH SYSTEM REVIEW
• RELAX COMPETITION REGULATIONS SO THAT THE RIGHT
  TO CARRY OUT A POST IS NOT INDEFINITELY TEMPORARY
• TAKE EVALUATION RESULTS INTO ACCOUNT
• FUNCTIONAL INDEPENDENCE FOR EVALUATION COMMITTEES

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MOBILITY

• APPROPRIATENESS OF ESTABLISHING LIMITS ON
  VOLUNTARY MOBILITY AND REGULATING THE CONDITIONS
  AND GUARANTEES OF NECESSARY MOBILITY
• NEED TO PROMOTE THE POSSIBLITIES OF
  INTERADMINISTRATIVE MOBILITY
• AGREEMENTS BETWEEN PUBLIC ADMINISTRATIONS
• GROUP, CLASS AND CATEGORY APPROVAL SYSTEM

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SALARY SCHEME

• NEED TO SAFEGUARD THE STATES POWER TO ESTABLISH
  GENERAL LIMITS ON PERSONNEL EXPENSE INCREASES
• APPROPRIATENESS OF MAINTAINING THE CURRENT
  SALARY SCHEME
• POSSIBILITY OF EACH ADMINISTRATION ESTABLISHING
  ITS OWN COMPLEMENTARY SALARY MODEL WITHIN THE
  EXPENSE LIMITATIONS
• GREATER IMPORTANCE TO BONUSES THAT REWARD
  PERFORMANCE

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COORDINATION BETWEEN PUBLIC ADMINISTRATIONS

• THE NEW DEMARCATION OF THE BASIC REGULATIONS
  REQUIRES A GREATER EFFORT BETWEEN ADMINISTRATIONS
  AS REGARDS COOPERATION AND COORDINATION.
• SECTORIAL PUBLIC ADMINISTRATION CONFERENCE (WITH
  ROOM FOR THE LOCAL ADMINISTRATION)
• PROMOTION OF THE EXECUTION OF COLLABORATION
  AGREEMENTS AND OF THE DRAWING UP OF JOINT PLANS
  AND PROGRAMMES