The reform of the public service is significantly stalled
On 24 October 2015, the Georgian Parliament adopted the new Law on Public Service. The entry into power of the law was set to 1 January 2017, however due to the current situation, it will be practically impossible for the law to come into power in two weeks. This will significantly damage the continuity and process of reform in the public service.
The delay of the entry into force of the law is conditioned by the violation of the Article 126 of the said law. Article 126 envisages an obligation for the government to present two draft laws and adopt three resolutions by September 1, as well as adopt 10 additional resolutions by December 31. As of now, the government has not fulfilled any of these obligations.
Moreover, according to Article 125 (3), the Civil Service Bureau, until January 1, should have conducted certification tests for civil servants no less than two times. As of now, no such tests have been held, and moreover, even the rules for holding such tests do not exist. The rules should have been defined until September 1 by the Resolution on the Rules, Standards and Themes for the Certification Tests of Public Servants.
It is also worth noting that the Law on the Remuneration of the Labor in Public Agencies, which should have been initiated by September 1, changes the existing system of remuneration, which will cause significant changes to the Law on the Budget. These changes to the remuneration of labor are not envisaged in the existing version of the Law on 2017 Budget.
We present to you the full list of all normative acts, which the government should adopt/initiate by January 1:
By 1 September 2016, the Government of Georgia should have presented to the Georgian Parliament:
- Draft Law on the Remuneration of the Labor in Public Institutions and related laws on amendments to special laws;
- Draft law on Legal Entities of Public Law (LEPL), where the the government must also categorize existing legal LEPLs;
By 1 September 2016, the Government of Georgia should adopt the following Resolutions:
- Government Resolution on the Rules, Standards and Themes for the Certification Tests of Public Servants;
- Government Resolution on Approving the Rules for Determining the Professional Development Needs of Public Servants, Standard and Rules for Professional Development;
- Government Resolution on Approving the Rules for Naming Positions and Determining the Hierarchical Position of Public Servants.
By 31 December 2016, the Government of Georgia should adopt the following resolutions:
- Government Resolution on the Conduct of Competition in Public Service;
- Government Resolution on the Rules and Conditions for Evaluating Public Servants;
- Government Resolution on the Rules and Conditions for Using Vacation Days by Public Servants for Professional Development;
- Government Resolution on the Rules and Conditions for Work Visit by Public Officials, Travel Expenses and Compensation Amounts;
- Government Resolution on the Rules for Working Part-time, Night shifts, on Holidays and in Conditions with Health Risks in the Public Service;
- Government Resolution on Approving Standard Forms of Administrative Agreements;
- Government Resolution on the Rules for Mobility of Public Servants;
- Government Resolution on the Rules for Classification of Public Servants;
- Government Resolution on Determining Special Requirements for Each Hierarchical Position of Public Servants;
- Government Resolution on Monetary Incentives for Public Servants.
Notably, this isn’t the first instance when the government announces the delay of progressive laws. In the previous years, the entry into force of over 10 progressive laws was delayed.
We call upon the Government of Georgia:
- To immediately take appropriate measures towards supporting the entry into force of the Law on Public Service. Moreover, the public should be notified as to the timetable of when the aforementioned normative acts will be adopted;
The Georgian Parliament should use its oversight function over the government and receive information by the government on the reasons behind the delay of the adoption/initiation of the required normative acts.