Uploaded by fento2011

LO3 PUBLIC ADMINISTRATION

advertisement
LO3
CIVIL SERVICE COMMISSION
The civil service refers to the body of employee in any government agency including all
employees of the government in general. Civil servant or public servant is a person in the public
sector employed for a government department or agency. The extent of civil servants of a state
as part of the civil service varies from country to country.
The civil service embraces all: branches, subdivisions, instrumentalities, agencies of the
government etc.
em exists to ensure a personnel system that is based solely on merit.
Objectives of Civil Service Commission
-
Develop high performing, competent and credible civil servants
-
Provide excellent HR processes
-
Ensure fairness and efficiency in performing quasi-judicial functions
-
Enhance the competency of CSC workforce
-
Ensure efficient management of financial resources
-
Cultivate partnerships with local and international institutions
CIVIL SERVICE
A branch of governmental service in which individuals are employed on the basis of professional
merit as proven by competitive examinations.
The body employees in any government agency other than the military
A civil servant is a person in the public sector employed for a government department or agency.
Functions of civil service
-
Review government policies and plans
-
Implement government policies
-
Monitor, co-ordinate and evaluate government policies and plans
-
Perform such other functions as the executive may direct.
CIVIL SERVICE CODE OF CONDUCT
Selflessness: Civil servants should take decisions solely in terms of the public interest. they
should not do so in oder to gain financial or other material benefit of themselves, their family or
their friends.
Integrity: Civil Servants should not place themselves under an financial or toher obligation to
any individuals or organisations that might influence them in the performance of their official
duties, including awarding of contacts etc.
Justice and fairness
In carrying out public business including making public appointments, awarding contracts or
recommending individuals for rewards and benefits. civils ervants should make choices based
solely on merit.
transparency:
servants should be as opne as possible about all the decisions and actions that they rake. they
should give reasons for their decisions and restrict access to information only for the preservation
of public interest.
Leadership
civils servants should strive to excel in all their endeavors, be an example to others and
encourage others to follow their footsteps
RIGHTS AND DUTIES OF CIVIL SERVANTS
Fundamental Rights
Work in Suitable Conditions
1. Civil servants shall be provided with the necessary organisational and technical
conditions in which they may perform their tasks in compliance with the principles and
standards demanded by the civil service.
2. Healthy work conditions free of exposure to circumstances which could threaten
their health or safety shall be secured for civil servants.
3. Civil servants shall be entitled to protection of their physical and moral integrity
during performance of their official activities.
Salaries and Other Benefits
Civil servants shall be entitled to salaries for their work.
•
The right to equal pay for equal work or work of equal value shall be accorded to civil
servants regardless of whether they are employed in the civil service permanently or for
a fixed term or if they are undergoing a trial period.
Salaries and other benefits of civil servants shall be regulated by a separate law.
(4) Collective agreements may regulate the benefits and other rights of civil servants.
Equal Treatment and Equal Opportunity
•
The chief executives of State bodies and superior civil servants shall be obliged to
treat civil servants justly and equally, regardless of their race, political beliefs, sex, marital
or familial status, sexual orientation, personal conditions, age, or ethnic origin, and
provide them with equal opportunities for advancement, rewards and legal protection.
•
The chief executives of State bodies and superior civil servants shall be obliged to
respect the dignity of civil servants.
•
Civil servants shall be entitled to advancement and professional training through
education and other forms of additional training.
Protection from Unjustified Transfer or Workplace Removal
•
Civil servants shall be protected from any and all unjustified or unnecessary transfer
or removal from the workplace.
•
In case of use of special leaves as specified by this or other laws or a collective
agreement, the civil servant shall be entitled to return to the same or similar tasks he or
she previously performed.
Candidacy in Elections
Civil servants may run as candidates in national and local elections.
•
Election and political opinions expressed during election campaigns may not
influence status and advancement in the civil service after elections.
Petitions
•
Civil servants shall be entitled to submit proposals pertaining to exercise of rights in
the civil service, submit petitions and complaints, and receive a response thereto.
Duties of Civil Servants
Conduct of Civil Servants
Performance of Duties and Obligation to Adhere to Laws
•
Civil servants shall be obliged to perform their duties as foreseen in their post
description correctly, duly, conscientiously and professionally, not exploiting them for
personal gain, in compliance with the principle of public accessibility, adhering to the
constitutional and legal order of the Republic of Croatia.
Abuse of Authority
1. In performance of their duties, civil servants shall be obliged to act in compliance with
the principles of legality and protection of the public interest, and they are prohibited from
abusing their authority to achieve personal interests or the interests of some other natural
or legal person.
Refusal of Proffered Gifts
i) Civil servants shall be prohibited from seeking or receiving gifts for their personal
gain, or for the gain of their family or an organisation, or for favourable settlement of an
administrative or other proceeding.
Unwarranted Rewarding of Other Civil Servants
Civil servants may neither offer nor give gifts or other benefits to other civil
servants, their relatives or spouses or common-law partners for personal gain.
Providing Information and Explanations on Administrative Affairs
Civil servants shall be obliged to provide the public with the necessary information
on performed tasks pursuant to regulations governing access to information.
Civil Servants Act
5
ii) Civil servants shall be obliged to secure explanations for all procedures conducted
and decisions made during performance of their duties.
Timely and Cost Efficient Performance of Duties
Civil servants shall be obliged to perform their duties in a cost effective and timely
manner, and pursuant to law they shall render legal assistance, avoiding unjustifiably
complex or scarcely foreseeable procedures and preventing situations that may lead to
conduct damaging to preservation of the legal interests of the State or their clients.
Non-disclosure of Official Secrets and Respect for Privacy
iii) Civil servants shall be obliged to maintain as secrets all data to which they gain
knowledge during procedures concerning clients and their rights and obligations and legal
interests pursuant to law.
iv) Civil servants shall be obliged to maintain official or other secrets as specified by law
or other regulations. The obligation to maintain official or other secrets shall continue for
a period of five years after departure from the civil service, unless specified otherwise by
separate legislation.
v) The chief executive of a State body may exempt civil servants from the obligation to
maintain official or other secrets in judicial or administrative proceedings if this involves
data essential to ascertain the facts and decision-making in a given case.
Professional Conduct
(1) Civil servants shall be obliged to ensure a high quality of professionalism in their
work, improving their professional skills and participating in additional professional
training for personal advancement and enhancement of the efficiency of the civil service.
(2) The State body shall be responsible for the ongoing professional refinement of civil
servants through organisation of workshops, exercises, seminars, courses, etc.
Presence at the Workplace
(1) Civil servants shall be obliged to observe the designated work hours of the body in
which they are employed and use such time to perform their duties, and they shall be
present at their workplace pursuant to the conditions of the service.
(2) During work hours, civil servants may not leave the workplace without approval from
the superior civil servant, except for use of daily rest breaks, while in cases of emergencies
they must excuse their absence immediately upon returning.
(3) Civil servants shall be obliged to notify their immediate superiors of inability to come
to the workplace, and of the reasons therefore within a period of 24 hours after their
emergence, unless unable to do so due to objective reasons or force majeure, in which
case they shall be obliged to notify their immediate superiors immediately after the
reasons for their inability to effect notification cease. Civil servants shall not be entitled
to salaries for the duration of their unexcused absence from work.
(4) The Government shall issue a directive to regulate the possibility of work at separate
sites (“remote work”) and part-time work.
Use of Property
(1) Civil servants shall be obliged to use the property entrusted to them for the purposes
of performing their duties with due care and they may not use said property for personal
gain or other, illegal activity.
Personal Conduct
(1) Civil servants shall behave in a manner that neither diminishes their own reputation
nor the reputation of the civil service, and does not compromise their impartiality in
performance of their duties.
(2) The codes of conduct for civil servants shall be governed by the code of ethics of the
Government of the Republic of Croatia.
Duty to Execute Orders
(1) Civil servants shall be obliged to perform the tasks entrusted to them in compliance
with law, other regulations and the rules of the profession and execute the orders of the
chief executives of State bodies and superior civil servants that pertain to civil service,
and to perform the tasks of their post with no specific orders to do so.
RIGHTS
CIVIL RIGHTS
Civil rights are those rights without which no civilized life is possible. Civil rights are considered to be primary and
more vital. They are absolutely necessary for the development of man in all his aspects. in most modern states,
theya re guaranteed by the Constitution. These state safeguards civil rights against encroachment by individuals or
the government.
Rights are primarily those claims that are necessary for leading a life of respect and dignity.
features of rights
1.
Rights are those claims of the individual which are essential for his development and
self-realization.
2.
Such claims are recognized by society. There can be no rights outside society.
3.
Rights must serve the higher interests of society. They have a moral basis.
4.
Rights are not absolute. Restrictions can be placed on rights in the interests and
welfare of the society as a whole.
5.
Rights should be universal. They should be given to all members of the society.
6.
The state gives legal recognition to rights. The state is the coercive force which
ensures the exercise of rights.
7.
Rights of the individual must correspond to the contribution which he makes to the
society in this personal capacity. just as a man who does not work has no right to
food, similarly he who does not perform functions to contribute to social goods
cannot demand any rights.
Examples of civil rights are
1. Right to life
2. Right to persona liberty/freedom
3. Right to security
4. Right to privacy
5. Right to own property
6. Right to freedom from inhuman treatment
DEMOCRATIC RIGHTS
Rights are claims of a person over other fellow being over the society and over the government.
Features of rights
A)
A right is a claim of the individual against society
B)
Rights are not unlimited
C)
Rights imply duties
D)
Rights keep on changing
Freedom of association
Freedom of association is the right of individuals to join or leave groups of a person's own
choosing, and for the group to take collective action to pursue the interests of members.
Freedom of the press
Freedom of the press – the legal definition is that it is the right, guaranteed by the constitution
of a country to publish and distribute information in books, magazines, and newspapers without
government intervention or intervention of anyone
Freedom of conscience
Freedom to choose where and how you worship. An individual has freedom to choose a religion
of his or her choice without undue interference from anyone including the state. Also freedom to
choose what you strongly believe in and ideological orientation, or political party etc.
Freedom of assembly
Freedom of assembly, sometimes used interchangeably with the freedom of association, is the
individual right or ability of people to come together and collectively express, promote, pursue,
and defend their ideas. The right to freedom of association is recognized as a human right, a
political right and a civil liberty.
Freedom of speech
Freedom of speech is the right to articulate one's opinions and ideas without fear of government
retaliation or censorship or societal sanction. The term freedom of expression is sometimes used
synonymously, but includes any act of seeking, receiving and imparting information or ideas,
regardless of the medium used.
Freedom from forced disappearance
In international human rights law, a forced disappearance (or enforced disappearance) occurs
when a person is secretly abducted or imprisoned by a state or political organization or by a third
party with the authorization, support, or acquiescence of a state or political organization, followed
by a refusal to acknowledge the person's fate and whereabouts, with the intent of placing the victim
outside the protection of the law.
POLITICAL RIGHT
Right to equality
right to freedom
right to freedom of religion
cultural and educational right
Download