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2008 Assessment

Macedonia (FYROM): Integrity Indicators Scorecard

Macedonia (FYROM): Integrity Scorecard Report > Sub-Category: Civil Service Regulations
Indicators		Score
44	Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?	75
45	Is the law governing the administration and civil service effective?	44
46	Are there regulations addressing conflicts of interest for civil servants?	47
47	Can citizens access the asset disclosure records of senior civil servants?	83

Indicator and sub-Indicator Details

Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?

44a: In law, there are regulations requiring an impartial, independent and fairly managed civil service.

Score:

YES

Comments: The Law for Civil Servants states that civil servants execute their duties according to the constitution and the laws, professionally, politically neutral and non-biased.

References: Law for Civil Servants from 2000, Article 2

44b: In law, there are regulations to prevent nepotism, cronyism, and patronage within the civil service.

Score:

YES

Comments:

References: Law for the Prevention of Corruption, Article 30

44c: In law, there is an independent redress mechanism for the civil service.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there is a mechanism to which civil servants and applicants for the civil service can take grievances regarding civil service management actions. The mechanism should be independent of their supervisors but can still be located within the government agency or entity (such as a special commission or board). Civil servants are able to appeal the mechanism\'s decisions to the judiciary. NO: A NO score is earned if no such mechanism exists.$

Comments: In the Law for Civil Servants the work of the Agency for Civil Servants is fully explained.

References: Law for Civil Servants from 2005

44d: In law, civil servants convicted of corruption are prohibited from future government employment.

Score:

YES

Comments: It is vaguely mentioned in this provision, however it is in the court's jurisdiction to decide about the ban, which has never been a lifetime ban.

References: Penal Code from 1996, Article 33 (3) and (6)

Peer Review Comments: According to the Law for Civil Servants, the civil servant may no longer work in the service if he is convicted for a crime related to the service. The law doesn't prescribe whether a convicted civil servant may work elsewhere in the government.

Is the law governing the administration and civil service effective?

45a: In practice, civil servants are protected from political interference.

Score:

100

Comments: Civil servants are typically independent yet are sometimes influenced in their judgments by negative or positive political or personal incentives. This may include favorable or unfavorable treatment by superiors, public criticism or praise by the government, or other forms of influence. Negative incentives may include threats, harassment or other abuses of power. Civil servants are unable to find a remedy in the courts for unjustified or politically-motivated firings.

References: The Republic of Macedonia 2007 Progress Report , p. 10, European Commission Brussels, Nov. 6, 2007;

The Civil Service with a Career System, Borce Davitkovski -Utrinski Vesnik, Dec.10, 2007 [ LINK ]

45b: In practice, civil servants are appointed and evaluated according to professional criteria.

Score:

100

Comments: Appointments and professional assessments are sometimes based on political considerations. Promotions within civil service are often linked to political party affiliations.

References: The Republic of Macedonia 2007 Progress Report , p. 10, European Commission Brussels, Nov. 6, 2007;

HRM Monitoring Indicators Quarterly Civil Servants Agency of Republic of Macedonia [ LINK ]

Peer Review Comments: The evaluation process, by law, has strict professional criteria. In practice, however, individuals appointed may have clear party loyalties.

45c: In practice, civil service management actions (e.g. hiring, firing, promotions) are not based on nepotism, cronyism, or patronage.

Score:

100

Comments: Nepotism, cronyism and patronage are discouraged but often occur.

References: The Republic of Macedonia 2007 Progress Report , p. 10, European Commission Brussels, Nov. 6, 2007;

Mutual Accusations of Partisan Employments Vecer D. M. May 6, 2008 [ LINK ]

45d: In practice, civil servants have clear job descriptions.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servants almost always have formal job descriptions establishing levels of seniority, assigned functions, and compensation. Job descriptions are a reliable representation of positions in terms of a persons authority, responsibility and base pay. 50 Score Criteria: Civil servants often have formal job descriptions, but exceptions exist. Some civil servants may not be part of the formal assignment of duties and compensations. Some job descriptions may not map clearly to pay or responsibilities in some cases. 0 Score Criteria: Civil servants do not have formal roles or job descriptions. If they do, such job descriptions have little or nothing to do with the position\'s responsibilities, authority, or pay.$

Comments:

References: "Annual Report of the Civil Service Agency of Republic of Macedonia for 2007" p. 5. Skopje , Feb. 28, 2008

Interview with Diogen Hadzhi Kosta Milevski, teaching assistant, Department of Public Administration, University of Kliment Ohridski, Bitola, Aug. 11, 2008, Skopje.

45e: In practice, civil servant bonuses constitute only a small fraction of total pay.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servant bonuses constitute no more than 10% of total pay and do not represent a major element of take-home pay. 50 Score Criteria: Civil servant bonuses are generally a small percentage of total take-home pay for most civil servants though exceptions exist where some civil servants\' bonuses represent a significant part of total pay. 0 Score Criteria: Most civil servants receive bonuses that represent a significant amount of total take-home pay. In some cases bonuses represent the majority of total pay to civil servants.$

Comments: Civil servant bonuses are generally a small percentage of total take-home pay for most civil servants although exceptions exist , in cases of travel abroad, study visits and similar.

References: "Manual for the Application of Career Bonus of Civil Servants" Civil Service Agency of Republic of Macedonia, Skopje, Sept. 16, 2008

Interview with Diogen Hadzhi Kosta Milevski, teaching assistant, Department of Public Administration, University of Kliment Ohridski, Bitola, Aug. 11, 2008, Skopje.

Peer Review Comments: Civil servants often abuse the budget and take bonuses for their personal needs. This situation is often recognized by the State Audit Office.

[ LINK ]

45f: In practice, the government publishes the number of authorized civil service positions along with the number of positions actually filled.

Score:

100

Comments: Whereas the free positions are announced in the media and on authorized websites, the exact number of free places is not public.

References: Civil Service Agency Website: [ LINK ];

any newspaper

Peer Review Comments: Whenever there is a free position, the government is obligated to announce it in the media. However, these openings are often filled before the announcement is published.

45g: In practice, the independent redress mechanism for the civil service is effective.

Score:

100

Comments: The independent civil service redress mechanism can generally decide what and when to investigate but is sometimes subject to pressure from the executive to decide according to party or political needs.

References: Interview with Diogen Hadzhi Kosta Milevski, teaching assistant, Department of Public Administration, University of Kliment Ohridski, Bitola, Aug. 11, 2008, Skopje; Interview with Marija Risteska, MPA, executive director of the Center for Research and Policy Making, Aug. 14, 2008, Skopje.

45h: In practice, in the past year, the government has paid civil servants on time.

Score:

100

Comments: No reports of late payments have been found.

References: Interview with Diogen Hadzhi Kosta Milevski, teaching assistant, Department of Public Administration, University of Kliment Ohridski, Bitola, Aug. 11, 2008, Skopje; Interview with Slagjana Vasovikj, journalist at Radio Free Europe, Aug. 16, 2008, Skopje.

Peer Review Comments: There were a couple of examples in which paychecks for civil servants (especially those who work in education) were late, but it was never more than one month.

45i: In practice, civil servants convicted of corruption are prohibited from future government employment.

Score:

100

Comments: The bans are not terminal, as can be seen in the reports.

References: Seven years for Dragan Daravelski , KM. Vest, April 4, 2008, [ LINK ]

90 Convicted of Corruption in The Last Eight Months, Kanal 5 TV, Aug. 5, 2007 [ LINK ]

Peer Review Comments: According to the Law for Civil Servants, the civil servant may no longer work in the service if he is convicted for a crime related to the service. The law doesn't prescribe whether the servant may work in another government institution.

Are there regulations addressing conflicts of interest for civil servants?

46a: In law, senior members of the civil service are required to file an asset disclosure form.

Score:

YES

Comments:

References: The latest changes of the law preventing corruption available at [ LINK ]

46b: In law, there are requirements for civil servants to recuse themselves from policy decisions where their personal interests may be affected.

Score:

YES

Comments:

References: Law for Civil Servants from 2005, Article 78(16)

46c: In law, there are restrictions for civil servants entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting civil servants\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments:

References: Law for Civil Servants

46d: In law, there are regulations governing gifts and hospitality offered to civil servants.

Score:

YES

Comments:

References: Law for Civil Servants from 2005, Article 78 (10)

46e: In law, there are requirements for the independent auditing of the asset disclosure forms of senior members of the civil service.

Score:

YES

Comments:

References: Law for State Audit

46f: In practice, the regulations restricting post-government private sector employment for civil servants are effective.

Score:

100

Comments: No law requires it.

References: Interview with Diogen Hadzhi Kosta Milevski, teaching assistant, Department of Public Administration, University of Kliment Ohridski, Bitola, Aug. 11, 2008, Skopje

46g: In practice, the regulations governing gifts and hospitality offered to civil servants are effective.

Score:

100

Comments: The regulations governing gifts and hospitality to civil servants are generally applied although exceptions exist as some civil servants accept greater amounts of gifts or gifts that they are not supposed to keep for private use.

References: Interview with Ilija Talev, PhD. candidate, University of Pisa, expert on corruption, Aug. 14, 2008, Skopje; Interview with Diogen Hadzhi Kosta Milevski, teaching assistant, Department of Public Administration, University of Kliment Ohridski, Bitola, Aug. 11, 2008, Skopje/

46h: In practice, the requirements for civil service recusal from policy decisions affecting personal interests are effective.

Score:

100

Comments:

References: "30 Cases of Nepotism Checked". B. Z. Vecer, July 6, 2007 [ LINK ]

Interview with Ilija Talev, PhD. candidate, University of Pisa, expert on corruption, Aug. 14, 2008, Skopje.

Peer Review Comments: The law for preventing conflict of interests was brought in 2007, but no case related to this topic has been resolved yet. The State Commission for Preventing Corruption opened a few cases, but none of them has been concluded.

46i: In practice, civil service asset disclosures are audited.

Score:

100

Comments: As can be seen from reports, only higher officials' assets are audited.

References: The Space for Crime is Getting Narrower, Mitko Jovanov, Dnevnik, June 22, 2007 [ LINK ]

Interview with Goran Trajkovski (Manager of Public Revenue Office), Vesna M. Bozinovska, Vecer, Jan. 26, 2008 [ LINK ]

Can citizens access the asset disclosure records of senior civil servants?

47a: In law, citizens can access the asset disclosure records of senior civil servants.

Score:

YES

Comments:

References: The latest changes of the law preventing corruption available at [ LINK ]

Peer Review Comments: The citizens can easily access the asset disclosure records of the appointed and elected officials. There are no records for other civil servants.

47b: In practice, citizens can access the asset disclosure records of senior civil servants within a reasonable time period.

Score:

100

Comments:

References: Anti-Corruption Commission website: [ LINK ]

Interview with Diogen Hadzhi Kosta Milevski, teaching assistant, Department of Public Administration, University of Kliment Ohridski, Bitola, Aug. 11, 2008, Skopje.

Peer Review Comments: The Anti-corruption Commission website ([ LINK ]) does provide information on the assets of senior civil servants in Macedonia.

Peer Review Comments: According to the Law for Free Access to Information, the State Commission for Preventing Corruption is obligated to give information related to the asset disclosure records of senior civil servants within 40 days of a request. However, these are public records and also can be seen at the website www.dksk.org.mk. Only appointed and elected officials are required to file an asset disclosure form.

47c: In practice, citizens can access the asset disclosure records of senior civil servants at a reasonable cost.

Score:

100

Comments:

References: [ LINK ]

Interview with Diogen Hadzhi Kosta Milevski, teaching assistant, Department of Public Administration, University of Kliment Ohridski, Bitola, Aug. 11, 2008, Skopje.

Peer Review Comments: According to the website of the Anti-corruption Commission ([ LINK ]), the asset records are available online.

Peer Review Comments: The asset disclosure records of senior civil servants are published on the website www.dksk.org.mk and can be seen by any citizen. The only cost is that for Internet access.