The document summarizes the Georgian Development Research Institute's concept on public service reform in Georgia. It discusses bureaucratic and flexible state models, as well as foreign experiences with public administration reform. Key aspects of reforming Georgia's public service system are addressed, including establishing a professional public servant institution, reforming the state service system, and addressing problems in Georgia's Law on Public Service.
This document outlines model initiatives regarding the statute of local elected representatives in Romania. It discusses measures taken at both the central and local levels. Centrally, authorities establish the legal framework and code of conduct for representatives. They also consult local authorities on decisions affecting them and ensure transparency. Locally, authorities organize administration based on decentralization, autonomy, and citizen participation principles. Local councils and mayors have exclusive, shared, and delegated competencies as defined by law. Relations between local and county authorities follow principles of autonomy, legality, cooperation and solving problems jointly.
This document discusses theories of citizen participation in democratic governance. It compares representative democracy and direct democracy, noting debates around whether citizens have the capacity for direct participation in complex modern issues, or if representatives are needed. It also examines obstacles to participation like lack of time or information. Different types of participation are described, from information-sharing to decision-making. Decentralization can empower local participation. Theories are applied to analyze citizen participation in the Surinamese district of Domburg following a 2007 decentralization program.
The document outlines the Bhutan Civil Service structure which includes 17 position levels grouped into 4 categories - Executive and Specialist, Professional and Management, Supervisory and Support, and Operational. It establishes minimum educational requirements for each category and describes the hierarchy between the position levels and categories. The purpose is to professionalize the civil service and ensure consistency in personnel actions.
This 44-page document contains a large assortment of opinion and articles regarding recommendations for further reforms in Pakistan's Federally Administered Tribal Areas (FATA) from three months ending September 2013. ---
Reforms recommended include abolishing the Frontier Crimes Regulation (FCR), many calls for extending a local government system to FATA, amending Article 247 of the Constitution of Pakistan and others.
This document summarizes an organizational needs assessment and external evaluation conducted for the Palestinian Centre for the Independence of Judiciary and Legal Profession (MUSAWA). The assessment had the following key objectives: 1) evaluate MUSAWA's governance structures, vision, mission and strategic objectives; 2) assess the planning, monitoring and relevance of MUSAWA's programs; 3) analyze MUSAWA's human resource and financial management; and 4) examine MUSAWA's external relations. The assessment utilized interviews, document reviews, and surveys. It provided findings and recommendations in each area, highlighting both strengths and areas for improvement to strengthen MUSAWA's capacity and ability to achieve its mission.
Format.pdf, 12 pagini; raportul de activitate 2009 al Asociatiei SOS Infertilitatea, bilingv romana + engleza; de utilizat indeosebi la intalniri cu autoritati, inclusiv din strainatate.
This document is the report from the Family and Community Development Committee's inquiry into workforce participation by people with mental illness in Victoria. The report provides an overview of the committee's functions and membership, terms of reference for the inquiry, and a foreword by the committee chair. It contains several chapters that examine the experiences of people with mental illness, barriers to their workforce participation, the case for increasing participation, the role of government in leading a response, and ensuring opportunities in education. The report makes recommendations aimed at developing a mental health employment strategy in Victoria.
Farmers' Agribusiness Training Course: Module 1 Supplementary Reading. Rural ...PiLNAfrica
This study examines the evolving structure of the rural financial services in Kenya and the
extent to which the current financial institutions have improved access to producers and
traders in the rural areas. The study identifies successful cases of functioning financial
services in the rural areas. It also identifies constraints that hinder increased access to
rural financial services and proposes policy interventions that could make the services
more accessible to the rural people.
This document outlines model initiatives regarding the statute of local elected representatives in Romania. It discusses measures taken at both the central and local levels. Centrally, authorities establish the legal framework and code of conduct for representatives. They also consult local authorities on decisions affecting them and ensure transparency. Locally, authorities organize administration based on decentralization, autonomy, and citizen participation principles. Local councils and mayors have exclusive, shared, and delegated competencies as defined by law. Relations between local and county authorities follow principles of autonomy, legality, cooperation and solving problems jointly.
This document discusses theories of citizen participation in democratic governance. It compares representative democracy and direct democracy, noting debates around whether citizens have the capacity for direct participation in complex modern issues, or if representatives are needed. It also examines obstacles to participation like lack of time or information. Different types of participation are described, from information-sharing to decision-making. Decentralization can empower local participation. Theories are applied to analyze citizen participation in the Surinamese district of Domburg following a 2007 decentralization program.
The document outlines the Bhutan Civil Service structure which includes 17 position levels grouped into 4 categories - Executive and Specialist, Professional and Management, Supervisory and Support, and Operational. It establishes minimum educational requirements for each category and describes the hierarchy between the position levels and categories. The purpose is to professionalize the civil service and ensure consistency in personnel actions.
This 44-page document contains a large assortment of opinion and articles regarding recommendations for further reforms in Pakistan's Federally Administered Tribal Areas (FATA) from three months ending September 2013. ---
Reforms recommended include abolishing the Frontier Crimes Regulation (FCR), many calls for extending a local government system to FATA, amending Article 247 of the Constitution of Pakistan and others.
This document summarizes an organizational needs assessment and external evaluation conducted for the Palestinian Centre for the Independence of Judiciary and Legal Profession (MUSAWA). The assessment had the following key objectives: 1) evaluate MUSAWA's governance structures, vision, mission and strategic objectives; 2) assess the planning, monitoring and relevance of MUSAWA's programs; 3) analyze MUSAWA's human resource and financial management; and 4) examine MUSAWA's external relations. The assessment utilized interviews, document reviews, and surveys. It provided findings and recommendations in each area, highlighting both strengths and areas for improvement to strengthen MUSAWA's capacity and ability to achieve its mission.
Format.pdf, 12 pagini; raportul de activitate 2009 al Asociatiei SOS Infertilitatea, bilingv romana + engleza; de utilizat indeosebi la intalniri cu autoritati, inclusiv din strainatate.
This document is the report from the Family and Community Development Committee's inquiry into workforce participation by people with mental illness in Victoria. The report provides an overview of the committee's functions and membership, terms of reference for the inquiry, and a foreword by the committee chair. It contains several chapters that examine the experiences of people with mental illness, barriers to their workforce participation, the case for increasing participation, the role of government in leading a response, and ensuring opportunities in education. The report makes recommendations aimed at developing a mental health employment strategy in Victoria.
Farmers' Agribusiness Training Course: Module 1 Supplementary Reading. Rural ...PiLNAfrica
This study examines the evolving structure of the rural financial services in Kenya and the
extent to which the current financial institutions have improved access to producers and
traders in the rural areas. The study identifies successful cases of functioning financial
services in the rural areas. It also identifies constraints that hinder increased access to
rural financial services and proposes policy interventions that could make the services
more accessible to the rural people.
This document outlines Mongolia's Law on Social Insurance from 1994 with amendments in 2007 and 2008. It defines key terms related to social insurance, establishes different types of social insurance including pension, benefit, health, industrial accident, and unemployment insurance. It mandates compulsory social insurance for employees and allows voluntary insurance. It establishes social insurance funds for each type of insurance, funded by premiums paid by employers and insured individuals. The law regulates the payment of pensions, benefits and other payments from the social insurance funds based on applications and eligibility as determined by the social insurance authorities.
Pishin - Integrated Development Visionzubeditufail
The document summarizes Pishin District's Integrated District Development Vision, which was developed through extensive consultation with local stakeholders to outline a development strategy. The vision addresses key issues like education, health, natural resource management, agriculture, poverty alleviation, and disaster risk reduction. It found that while enrollment has increased, education quality and infrastructure need improvement. Health indicators are below provincial averages and health infrastructure and staffing are insufficient. Natural resources require improved management and conservation efforts. The strategy proposes integrated actions across sectors to achieve equitable and sustainable development in the district by 2030.
This newsletter edition from BVSS contains articles on developments related to insolvency and bankruptcy code, abrogation of Article 370, GST amendments, and case laws on transitional credits and anti-profiteering. It also discusses the Citizenship Amendment Act and arguments in its support. The editor argues that CAA is not discriminatory under Article 14 as it treats unequal groups differently. Including Muslims from neighboring countries in CAA would be irrational given their majority status in those countries. CAA also does not deny citizenship to Muslims through other routes. Overall, the newsletter provides updates on taxation laws and jurisprudence along with perspectives on recent policy developments.
This document provides an executive summary of Together's 2011 State of Children's Rights in Scotland report. Key points:
- The report assesses progress on children's rights in Scotland since the 2010 report and 2008 UN recommendations.
- Consultations were held with over 250 professionals to inform the report. Successes and ongoing issues are identified.
- While commitment to children's rights is shown in policies, implementation is inconsistent. Vulnerable groups face greater challenges.
- Recommendations call for stronger measures to incorporate and implement children's rights across Scotland, especially for the most vulnerable. Addressing these issues is vital to protect children amid the economic crisis.
Budgetary participation and village development performanceAlexander Decker
This document summarizes research on the relationship between budgetary participation and village development performance in Jayapura City, Indonesia. It reviews literature on how budgetary participation may influence village development performance directly and indirectly through procedural justice and organizational commitment. The literature suggests that budgetary participation could positively impact village development performance by increasing procedural justice and organizational commitment. The research aims to examine these relationships and provide recommendations to local government on budgetary participation strategies to improve village development outcomes. The study uses survey data from 14 villages in Jayapura, with 97 respondents representing village leaders and programs.
This document provides a summary of the annual report for fiscal year 2012 on substance abuse prevention, treatment, and recovery programs in Michigan, as required by law. It discusses the use of Prevention Prepared Communities to promote healthier lifestyles. It also includes data on expenditures, clients served, services provided, and other metrics for various substance abuse programs across the state. The report is intended to evaluate the effectiveness of substance abuse services funded by federal, state, local, and private resources.
Mastung - Integrated Development Visionzubeditufail
The document summarizes the Mastung Integrated District Development Vision, which was developed with input from 185 stakeholders over three years to chart a course for the district's development. The vision prioritizes sustainable and equitable development through integrated planning, with a focus on consensus-building, gender equality, and responsiveness to citizens. It outlines development goals and strategies for sectors like governance, disaster management, health, education, infrastructure, livelihoods, and natural resource management. The implementation plan emphasizes continued consultation, target-setting, equitable resource allocation, and transparency to achieve the long-term vision.
ANALYZING FISCAL SPACE FOR HEALTH IN NASARAWA STATE, NIGERIAHFG Project
This document analyzes potential fiscal space for health in Nasarawa State, Nigeria. It identifies several options for increasing funding available for the health sector, including leveraging conducive macroeconomic conditions, increasing the priority of health in sectoral budget allocations, earmarking portions of taxes and fees for health, obtaining external grants, and improving efficiency. Collectively, these options could provide tens of millions of additional naira annually that could be directed towards expanding health coverage and services. The document recommends that Nasarawa State prioritize these funding avenues and implement reforms to fully capitalize on the fiscal space available.
CIVIL SOCIETY PARTICIPATION IN DECISION-MAKING PROCESSESDr Lendy Spires
Public participation in decision making is an essential element to any transparent, accountable and democratic political system. It ensures the continuation of dialogue between citizens and decision makers outside of election times. Ideally it results in policy and legislation more responsive to the needs of the people it affects.
Civil society organisations (CSOs) play an important role in such participation mechanisms, providing a link between citizens and decision makers. Public participation is particularly important for marginalised groups such as minority communities and women, whose voices are often neglected by decision makers. In Kosovo, various legal provisions and institutional mechanisms are in place to allow for public participation in policy and decision making. However, such mechanisms are not being used effectively.
There exists no systematic dialogue between CSOs and government institutions. Interaction mostly takes place on an ad hoc basis.1 For example, as of 2011, it was estimated that 90 per cent of draft laws and policy documents were drafted without civil society participation.2 This guidebook aims to contribute to strengthening the role of CSOs in public participation processes in Kosovo by providing a clear overview of the existing CSO participation mechanisms in Kosovo and how to effectively use them.
The guidebook draws on ECMI Kosovo’s vast experience working with civil society and government institutions in Kosovo and concrete laws, including the Constitution of the Republic of Kosovo (hereafter the Constitution) and the Law on Local Self-Government. It is also informed by and complements other guides and reference books produced by the Technical Assistance for Civil Society Organisations (TACSO), Organization for Security and Co-operation in Europe (OSCE), and the Kosovar Civil Society Foundation (KCSF), among others.
National Micro Finance Policy, 2064 aims to alleviate poverty through increased access to microfinance services. It recognizes that only 20% of rural credit demand is currently being met, leaving a gap. The policy seeks to simplify and coordinate microcredit flows, increase access for the poor, and regulate providers through a new oversight agency. It defines microfinance and sets goals like empowering women and the poor through income-generating activities. Key strategies include developing standards for beneficiaries, strengthening institutions, coordinating with other programs, and establishing a development fund to increase sustainable, long-term access to microfinance services.
This document provides an overview of social impact investing in Australia. It discusses the role of the Australian Government, investors, and service providers in social impact investing. The key points are:
1. Social impact investing aims to generate both social/environmental outcomes and financial returns. It can help address social problems by leveraging private capital.
2. The main forms of social impact investing discussed are social enterprises, social impact bonds, and social impact investment funds.
3. Potential benefits include stimulating innovation, sharing financial risk, and achieving social and environmental goals. Challenges include measuring diverse outcomes and a lack of track record.
4. The discussion paper seeks views on the role of the Australian Government in
The document summarizes a Supreme Court case from 1982 regarding bonded labor in stone quarries in India. The Bandhua Mukti Morcha (BMM), an NGO working to end bonded labor, discovered extreme working conditions in some quarries with workers forced to come from other states. The BMM filed a writ petition under Article 32 of the Constitution. The Supreme Court appointed a commission to investigate, which found violations of labor laws. The Court ruled in favor of the BMM, directing authorities to ensure compliance with bonded labor laws and provide workers benefits regarding wages, medical care, education, and drinking water. The judgment recognized procedural flexibility and the Court's power to appoint commissions to protect public interest in cases involving oppressed
Assignment help for Principles of Health, visit: https://academiapapers.net/, thousands of academic assignments, essays and homeworks has been published there, So don't miss those.
This document provides a table of contents for an Insights PT 2019 exclusive module covering topics in economy, environment and international relations from February 2019 to April 2019. The table of contents lists 45 topics in environment and 35 topics in economy that are included in the module. Some of the highlighted environmental topics include the UN Global Assessment of Environmental Laws, World Wetlands Day 2019, Cyclone Fani, El Nino, Natural Capital Accounting and the India Cooling Action Plan. Some of the highlighted economic topics include NGOs and regulation of their foreign funding, Permanent Establishment in India, Non-core assets, Asian Development Outlook 2019 and Prepaid payment instruments.
This document outlines the condition of Georgia's business environment and proposes concepts for its improvement. It identifies several key problems, including a declining real sector share of GDP, falling business sector turnover and production, low private sector capital formation, and employment indicators that have remained stagnant despite GDP growth. Proposed goals for improvement include developing the legislative and regulatory framework, increasing political stability, qualifying the labor force, creating a fair labor market, economic forecasting, and expanding infrastructure and access to financing. Short-term tasks focus on institutional reforms while medium-term tasks address simplifying taxation, improving credit access, strengthening investor protections, and enhancing business education.
The document provides a summary of a study analyzing Georgian voters' political preferences and attitudes. Some key findings include:
- The Georgian Orthodox Church received the most positive ratings, while the court system and healthcare received negative ratings.
- Voters viewed Bidzina Ivanishvili's entry into politics positively but were more cautious about his initial steps.
- Ivanishvili's party and the ruling National Movement emerged as the top two political forces, drawing support from different demographic groups.
- For future elections, most respondents planned to vote and believed the elections would be fair, though some opposition supporters were pessimistic about the results.
The document discusses problems with Georgia's business environment and proposes improvements. It identifies several key issues, including a declining real sector share of GDP supported by foreign credits; decreasing private sector capital formation; and falling business sector turnover and production since 2007. Small and medium enterprises comprise an insignificant portion of the economy. Despite GDP growth, employment indicators have remained flat. Difficulties accessing bank credits, tax administration problems, weak property rights protections, and an ineffective court system deteriorate the investment environment. Monopolies exist in many markets. The document proposes addressing these issues to improve conditions for businesses.
This document outlines Mongolia's Law on Social Insurance from 1994 with amendments in 2007 and 2008. It defines key terms related to social insurance, establishes different types of social insurance including pension, benefit, health, industrial accident, and unemployment insurance. It mandates compulsory social insurance for employees and allows voluntary insurance. It establishes social insurance funds for each type of insurance, funded by premiums paid by employers and insured individuals. The law regulates the payment of pensions, benefits and other payments from the social insurance funds based on applications and eligibility as determined by the social insurance authorities.
Pishin - Integrated Development Visionzubeditufail
The document summarizes Pishin District's Integrated District Development Vision, which was developed through extensive consultation with local stakeholders to outline a development strategy. The vision addresses key issues like education, health, natural resource management, agriculture, poverty alleviation, and disaster risk reduction. It found that while enrollment has increased, education quality and infrastructure need improvement. Health indicators are below provincial averages and health infrastructure and staffing are insufficient. Natural resources require improved management and conservation efforts. The strategy proposes integrated actions across sectors to achieve equitable and sustainable development in the district by 2030.
This newsletter edition from BVSS contains articles on developments related to insolvency and bankruptcy code, abrogation of Article 370, GST amendments, and case laws on transitional credits and anti-profiteering. It also discusses the Citizenship Amendment Act and arguments in its support. The editor argues that CAA is not discriminatory under Article 14 as it treats unequal groups differently. Including Muslims from neighboring countries in CAA would be irrational given their majority status in those countries. CAA also does not deny citizenship to Muslims through other routes. Overall, the newsletter provides updates on taxation laws and jurisprudence along with perspectives on recent policy developments.
This document provides an executive summary of Together's 2011 State of Children's Rights in Scotland report. Key points:
- The report assesses progress on children's rights in Scotland since the 2010 report and 2008 UN recommendations.
- Consultations were held with over 250 professionals to inform the report. Successes and ongoing issues are identified.
- While commitment to children's rights is shown in policies, implementation is inconsistent. Vulnerable groups face greater challenges.
- Recommendations call for stronger measures to incorporate and implement children's rights across Scotland, especially for the most vulnerable. Addressing these issues is vital to protect children amid the economic crisis.
Budgetary participation and village development performanceAlexander Decker
This document summarizes research on the relationship between budgetary participation and village development performance in Jayapura City, Indonesia. It reviews literature on how budgetary participation may influence village development performance directly and indirectly through procedural justice and organizational commitment. The literature suggests that budgetary participation could positively impact village development performance by increasing procedural justice and organizational commitment. The research aims to examine these relationships and provide recommendations to local government on budgetary participation strategies to improve village development outcomes. The study uses survey data from 14 villages in Jayapura, with 97 respondents representing village leaders and programs.
This document provides a summary of the annual report for fiscal year 2012 on substance abuse prevention, treatment, and recovery programs in Michigan, as required by law. It discusses the use of Prevention Prepared Communities to promote healthier lifestyles. It also includes data on expenditures, clients served, services provided, and other metrics for various substance abuse programs across the state. The report is intended to evaluate the effectiveness of substance abuse services funded by federal, state, local, and private resources.
Mastung - Integrated Development Visionzubeditufail
The document summarizes the Mastung Integrated District Development Vision, which was developed with input from 185 stakeholders over three years to chart a course for the district's development. The vision prioritizes sustainable and equitable development through integrated planning, with a focus on consensus-building, gender equality, and responsiveness to citizens. It outlines development goals and strategies for sectors like governance, disaster management, health, education, infrastructure, livelihoods, and natural resource management. The implementation plan emphasizes continued consultation, target-setting, equitable resource allocation, and transparency to achieve the long-term vision.
ANALYZING FISCAL SPACE FOR HEALTH IN NASARAWA STATE, NIGERIAHFG Project
This document analyzes potential fiscal space for health in Nasarawa State, Nigeria. It identifies several options for increasing funding available for the health sector, including leveraging conducive macroeconomic conditions, increasing the priority of health in sectoral budget allocations, earmarking portions of taxes and fees for health, obtaining external grants, and improving efficiency. Collectively, these options could provide tens of millions of additional naira annually that could be directed towards expanding health coverage and services. The document recommends that Nasarawa State prioritize these funding avenues and implement reforms to fully capitalize on the fiscal space available.
CIVIL SOCIETY PARTICIPATION IN DECISION-MAKING PROCESSESDr Lendy Spires
Public participation in decision making is an essential element to any transparent, accountable and democratic political system. It ensures the continuation of dialogue between citizens and decision makers outside of election times. Ideally it results in policy and legislation more responsive to the needs of the people it affects.
Civil society organisations (CSOs) play an important role in such participation mechanisms, providing a link between citizens and decision makers. Public participation is particularly important for marginalised groups such as minority communities and women, whose voices are often neglected by decision makers. In Kosovo, various legal provisions and institutional mechanisms are in place to allow for public participation in policy and decision making. However, such mechanisms are not being used effectively.
There exists no systematic dialogue between CSOs and government institutions. Interaction mostly takes place on an ad hoc basis.1 For example, as of 2011, it was estimated that 90 per cent of draft laws and policy documents were drafted without civil society participation.2 This guidebook aims to contribute to strengthening the role of CSOs in public participation processes in Kosovo by providing a clear overview of the existing CSO participation mechanisms in Kosovo and how to effectively use them.
The guidebook draws on ECMI Kosovo’s vast experience working with civil society and government institutions in Kosovo and concrete laws, including the Constitution of the Republic of Kosovo (hereafter the Constitution) and the Law on Local Self-Government. It is also informed by and complements other guides and reference books produced by the Technical Assistance for Civil Society Organisations (TACSO), Organization for Security and Co-operation in Europe (OSCE), and the Kosovar Civil Society Foundation (KCSF), among others.
National Micro Finance Policy, 2064 aims to alleviate poverty through increased access to microfinance services. It recognizes that only 20% of rural credit demand is currently being met, leaving a gap. The policy seeks to simplify and coordinate microcredit flows, increase access for the poor, and regulate providers through a new oversight agency. It defines microfinance and sets goals like empowering women and the poor through income-generating activities. Key strategies include developing standards for beneficiaries, strengthening institutions, coordinating with other programs, and establishing a development fund to increase sustainable, long-term access to microfinance services.
This document provides an overview of social impact investing in Australia. It discusses the role of the Australian Government, investors, and service providers in social impact investing. The key points are:
1. Social impact investing aims to generate both social/environmental outcomes and financial returns. It can help address social problems by leveraging private capital.
2. The main forms of social impact investing discussed are social enterprises, social impact bonds, and social impact investment funds.
3. Potential benefits include stimulating innovation, sharing financial risk, and achieving social and environmental goals. Challenges include measuring diverse outcomes and a lack of track record.
4. The discussion paper seeks views on the role of the Australian Government in
The document summarizes a Supreme Court case from 1982 regarding bonded labor in stone quarries in India. The Bandhua Mukti Morcha (BMM), an NGO working to end bonded labor, discovered extreme working conditions in some quarries with workers forced to come from other states. The BMM filed a writ petition under Article 32 of the Constitution. The Supreme Court appointed a commission to investigate, which found violations of labor laws. The Court ruled in favor of the BMM, directing authorities to ensure compliance with bonded labor laws and provide workers benefits regarding wages, medical care, education, and drinking water. The judgment recognized procedural flexibility and the Court's power to appoint commissions to protect public interest in cases involving oppressed
Assignment help for Principles of Health, visit: https://academiapapers.net/, thousands of academic assignments, essays and homeworks has been published there, So don't miss those.
This document provides a table of contents for an Insights PT 2019 exclusive module covering topics in economy, environment and international relations from February 2019 to April 2019. The table of contents lists 45 topics in environment and 35 topics in economy that are included in the module. Some of the highlighted environmental topics include the UN Global Assessment of Environmental Laws, World Wetlands Day 2019, Cyclone Fani, El Nino, Natural Capital Accounting and the India Cooling Action Plan. Some of the highlighted economic topics include NGOs and regulation of their foreign funding, Permanent Establishment in India, Non-core assets, Asian Development Outlook 2019 and Prepaid payment instruments.
This document outlines the condition of Georgia's business environment and proposes concepts for its improvement. It identifies several key problems, including a declining real sector share of GDP, falling business sector turnover and production, low private sector capital formation, and employment indicators that have remained stagnant despite GDP growth. Proposed goals for improvement include developing the legislative and regulatory framework, increasing political stability, qualifying the labor force, creating a fair labor market, economic forecasting, and expanding infrastructure and access to financing. Short-term tasks focus on institutional reforms while medium-term tasks address simplifying taxation, improving credit access, strengthening investor protections, and enhancing business education.
The document provides a summary of a study analyzing Georgian voters' political preferences and attitudes. Some key findings include:
- The Georgian Orthodox Church received the most positive ratings, while the court system and healthcare received negative ratings.
- Voters viewed Bidzina Ivanishvili's entry into politics positively but were more cautious about his initial steps.
- Ivanishvili's party and the ruling National Movement emerged as the top two political forces, drawing support from different demographic groups.
- For future elections, most respondents planned to vote and believed the elections would be fair, though some opposition supporters were pessimistic about the results.
The document discusses problems with Georgia's business environment and proposes improvements. It identifies several key issues, including a declining real sector share of GDP supported by foreign credits; decreasing private sector capital formation; and falling business sector turnover and production since 2007. Small and medium enterprises comprise an insignificant portion of the economy. Despite GDP growth, employment indicators have remained flat. Difficulties accessing bank credits, tax administration problems, weak property rights protections, and an ineffective court system deteriorate the investment environment. Monopolies exist in many markets. The document proposes addressing these issues to improve conditions for businesses.
This document proposes reforms to Georgia's Ministry of Internal Affairs (MIA) and police system. It recommends separating the state security service from the MIA in order to depoliticize the police. It also suggests establishing a Ministry of Internal Affairs focused on civil services and public order protection, with municipal police forces and a public council for civic control of law enforcement. The reformed system would implement advanced international practices and principles of career progression for police.
Information note by the co-rapporteurs on their fact-finding visit to Tbilisi and Batumi (11-14 October 2011)1. Co-rapporteurs: Mr Kastriot ISLAMI, Albania, Socialist group, and Mr Michael Aastrup JENSEN, Denmark, Alliance of Liberals and Democrats for Europe
The document summarizes key points about competition policy and economic regulation in Georgia. It discusses international rules and principles related to competition, Georgia's international commitments, the EU's competition law and how it relates to Georgia, issues with Georgia's current 2005 competition law, draft revisions to the competition law being considered, and institutional reforms underway in 2010-2011 to strengthen the competition authority. It also analyzes aspects of the draft law that need improvement, such as its limited scope of application and broad exemptions.
The document outlines the organizational structure of the Ministry of Internal Affairs of Georgia. It details the main departments and subdivisions, including the police department, border police, professional and vocational education, rescue service, and international relations. The police department has several regional police divisions and specialized units like criminal police, patrol police, and security police.
This document provides a review and summary of Bangladesh's National Occupational Health and Safety (OHS) policy from 2013, the country's Labor Law from 2006 (amended in 2013), and literature on OHS issues. It discusses the goals and framework of the national OHS policy, key aspects of the Labor Law regarding workers' welfare, accidents, gender issues and OHS, and the roles of organizations like ILO, Accord and Alliance in promoting OHS. The document is intended to inform the development of a media strategy on raising awareness about OHS issues in Bangladesh.
The document outlines the U.S. Department of Health and Human Services' (HHS) Open Government Plan. Key initiatives include the Centers for Medicare and Medicaid Services launching a dashboard to visualize Medicare spending data and releasing Medicare claims files. The Food and Drug Administration is pursuing a Transparency Initiative and launching a performance management system. HHS will prioritize and publish additional data sets, host challenges for applications using the data, and measure the success of open government efforts. The plan aims to advance transparency, public participation, and collaboration across HHS agencies.
Entry Point Mapping: A Tool to Promote Civil Society Engagement on Health Fin...HFG Project
ivil society organizations (CSOs), particularly those working in the health sector, frequently seek opportunities to influence public health policy or share feedback on the quality or accessibility of health services. While these organizations may have important contributions to make, they often are not aware of the most effective and accessible entry points to use. Entry Point Mapping provides a methodology for systemic review and identification of mechanisms, forums and public platforms by which civil society organizations can participate in health sector policy formulation, program implementation, and oversight.
This paper presents an Entry Point Mapping Tool designed for CSOs with advocacy experience and public health officials seeking to expand civil society participation and contains a step-by-step guide for researching and analyzing legal entry points for civil society participation in governance of public health care facilities. Because CSOs have varied interests, the tool includes a series of steps for individual CSOs to determine the level of government at which to pursue their specific advocacy interest and the process of collecting targeted information on legally required points of entry for their civic engagement.
In addition, the Entry Point Mapping Tool offers guidance on analyzing the effectiveness on these entry points and coaches CSOs through the negotiation process of activating or expanding existing entry points, creating new ones, and winning overall collaboration with health officials on improving health policy and service delivery. This tool also documents the experience of CSOs implementing the entry point mapping methodology in Bangladesh and Cote d’Ivoire to demonstrate how the tool can promote increased civil society engagement on issues of health finance and governance.
This product is the result of compilation from various sources. I would like to acknowledge all direct and indirect sources, although they have not been explicitly mentioned within the document.
The document outlines the U.S. Office of Personnel Management's (OPM) Open Government Plan to improve transparency, participation, and collaboration by sharing more information with the public, soliciting feedback, and fostering partnerships. OPM is committed to open government principles and established a governance structure led by senior leadership and a core team to develop and implement this plan. A flagship initiative involves implementing collaboration and knowledge management technologies to better engage employees and the public.
This document is the U.S. Nuclear Regulatory Commission's (NRC) Open Government Plan. It outlines the NRC's commitment to transparency, public participation, and collaboration as part of the federal government's Open Government Initiative. The plan discusses the NRC's history of openness and use of web technologies to engage the public. It provides details on current transparency practices like public meetings and information dissemination channels. The plan also outlines actions to improve transparency through additional high-value datasets and webstreaming of meetings. The flagship initiative is to enhance stakeholder engagement through new communication tools and collaboration platforms.
This document provides an evaluation report on corruption prevention in Albania regarding members of parliament, judges, and prosecutors. It finds that while Albania has detailed anti-corruption laws and conflict of interest regulations, the legislative framework is complex with many amendments undermining stability. It also focuses more on restrictions than transparency. The report recommends further improving implementation, ensuring timely public disclosure of information, strengthening ethical commitments, and making oversight procedures more effective. Specifically for parliament, it notes a lack of transparency, unregulated potential undue influence, weak enforcement of conduct standards, and delays in auditing asset declarations.
Good Governance is critical to development of Indian Economy. Campetency and Capacity Development of Civil Servants is a fundamental requirement for the same. Stress has to be laid on Four Pillars of Good Governance-- Ethos, Ethics, Equity & Efficiency
The Corporation for National and Community Service's Open Government Plan aims to incorporate transparency, participation, and collaboration into its core mission. It establishes an Open Government Council to coordinate open government activities. The plan includes transparency initiatives like publishing more data online, participation efforts like seeking public input, and collaboration projects like partnering with other organizations. Two key audiences are nonprofit partners and current/prospective volunteers. The plan supports the Corporation's goals of using service to solve national problems and expanding service opportunities through innovation.
This report assesses the ways in which the semi-presidential form of government can be best structured to promote stable, democratic and inclusive governance in Ukraine.
Constitutional stability in Ukraine has faced four main challenges:
(a) recurring institutional conflict among the president, legislature and government;
(b) a presidency that has fallen prey to autocratic tendencies;
(c) a fragmented and weak party system that has undermined the capacity of the legislature to act coherently;
(d) a weak constitutional culture and a weak Constitutional Court.
The report presents comparative knowledge from other semi-presidential systems, and reflections on the Ukrainian context, which could benefit a wide range of stakeholders, such as legislators, policy advisors, think tanks and civil society.
Seclusion and physical restraint reduction knowledge reviewGatewayMHProject
This document presents the Mental Health Commission's draft strategy to reduce the use of seclusion and physical restraint in approved mental health centres in Ireland. It provides background information on existing regulations around seclusion and restraint, international initiatives to reduce their use, and the strategy's methodology. The main body of the document identifies interventions shown by research to be effective in reducing seclusion and restraint, such as policy changes, leadership, staff training, use of data for monitoring, and involving patients. It then discusses applying these interventions in an Irish context and outlines specific actions for the Commission's strategy.
This document provides a summary of an MA thesis that examines factors that enable or constrain urban policy agencies in facilitating sustainability transitions in cities in response to global challenges like climate change and peak oil.
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3. TABLE OF CONTENTS
1. Introduction ............................................................................................................................................... 5
2. Basic Guideline for Reforming Public Service in Georgia ............................................................................ 6
3. Foreign Experience ...................................................................................................................................... 8
3.1. Bureaucracy.............................................................................................................................................. 9
3.2. Active State ............................................................................................................................................ 10
3.3. Flexible State .......................................................................................................................................... 10
3.3.1. Neo-liberal criticism of the State ........................................................................................................ 10
3.3.2. New Public Management .................................................................................................................. 11
Main thesis .................................................................................................................................................... 11
Product Oriented........................................................................................................................................... 12
Internal Process and Client Orientation ........................................................................................................ 13
Decentralization of responsibilities and centralized management .............................................................. 14
Qualification and motivation of the personnel ............................................................................................. 14
The administration that learns ...................................................................................................................... 15
The administration oriented on the public influence ................................................................................... 16
4. Main aspects of Public Service Reform ................................................................................................. 17
4.1. Main institutions of Public Service ......................................................................................................... 17
4.1.1. Public Law Corporation ................................................................................................................. 18
4.1.2. Public Law Institution .................................................................................................................... 19
4.1.3 Public Law Fund.................................................................................................................................... 20
4.2. State Service System .............................................................................................................................. 20
4.2.1. Public Servant and Public Public Emloyee........................................................................................... 22
4.2.2. The proportion of employers in Public Service ................................................................................... 23
4.2.3. Criteria for distinguishing between a public servant and a hired, part time employee ..................... 23
4.2.4. Main characteristics for professional public servant .......................................................................... 23
4.2.5.Classification of the public servant ...................................................................................................... 24
4.2.6. Legal relations between the public servant and the employer .......................................................... 24
4.3. Main problems of the Law on Public Service and how to settle them ............................................. 24
4.3.1. Appointment ................................................................................................................................. 24
4.3.2. Probation period ................................................................................................................................. 25
4.3.3. Certification ......................................................................................................................................... 25
4.3.4. Training (Increasing qualification) ....................................................................................................... 26
3
4. 4.3.5. Human Resources Stability as a cornerstone for Public Employees institutions ................................ 26
4.3.6. Ranking system .................................................................................................................................. 27
4.3.7. Social Guarantees ................................................................................................................................ 28
4.3.8. Guarantees for Protecting Rights ........................................................................................................ 28
4.3.9. Disciplinary Responsibities .................................................................................................................. 29
4.3.10. Labour disputes ................................................................................................................................. 29
4.3.11. Public Service Ethics .......................................................................................................................... 30
4.3.12. Legal Frames of Labor Code ............................................................................................................. 30
4.3.13 Public Service Council......................................................................................................................... 30
About Authors ............................................................................................................................................... 31
4
5. 1. Introduction
The aim of the concept is supporting accomplishment of the modern model of the public
service. The analysis is based on the current Law on the Public Service of Georgia. The draft law on
Public Service now submitted to the Georgian Parliament was also taken into the consideration.
In accordance to the presented concept, the model of the public service is based on the
institution of the professional public servant. A management mechanism, which will be free from
the political influence, has to be created based on the main aspects of the New Management Model
and in parallel to the traditional bureaucratic model.
The Law on Public Service has to define the legal status of the professional public servant and
create the legal mechanisms for his/her protection.
The Law on Public Service has to define the system of the public service as well as its
classification and appropriate ways for career. The law has to identify the regulations for the
employees’ social guarantees as well as the system for their education, training and retraining. To
guarantee the functioning of the public service a public service council has to be made. The council
will have the actual rights for promoting the introduction of the unified standards of administration
of the public service.
The current law on public service formally recognizes the concept of the public servant, as a
person who is appointed on the position lifelong however the law does not identify the legal
guarantees which would give solid contents to this institution.
The draft law which submitted to the parliament rejects the institution of the professional
public servant and turns the public servant’s legal status into the contract based cooperation. As it is
read in the draft law justification, the concept is based on the elements of the New Administration
Model, which means introducing the elements of the private sector into the public service.
The Law on Public Service was adopted on October 31, 1997. It has undergone 74 different
amendments. Each amendment had fragmentary nature, served to reach the current political goals
and therefore was not a step forward for creating a law based on the modern concept of the public
service.
While considering the complexity of the public service reform, it is important to foresee the
political course in regard of the state functioning. Considering the economical crisis and budgetary
deficit the topic of state property privatization becomes more important. On one hand it envisages
new approach towards the state service sphere and on the other hand the formation of the effective
organizational strategy. The way to achieve the above mentioned goal is privatization. During the
process of the privatization of the state functions the activities should be defined which would
benefit the private sector through privatization. Another big part of the process, which comes under
the state functions should, divided into three parts: 1. State functions, which are implemented only
by the state bodies; 2. State functions which are implemented by using private legal form; 3. State
5
6. functions which are implemented by the private entities. Only the first part of this division falls
within the frames of the Law on Public Service, although the rest of the points are also interesting.
The private legal form should be applied while regulating the cases when the damage received while
performing the functions of the public service is to be compensated.
In the context of the new functions it is essential to ask how important is the implementation
of the specific functions by the state bodies and public servants working there (for instance MIA
property protection police) when private entities can implement the same function with lesser
expanses maintaining the same quality. The state service system is effective when state is
concentrated only on the important subject while performing state body functions. The public
service and its major institution - professional public servant – are the precious resources which
should be taken care of and exploited accordingly, to get the result relevant to the expanses.
The Public Service Concept is one of many spheres of the state structure and includes main
elements of state service management and its successful application depends on the appropriate
understanding of the overall politics.
2. Basic Guideline for Reforming Public Service in Georgia
The determination of basic guidelines of Public Administration Reform in the developing
countries made it clear that each reform is based on particular adequate challenges for the
development of the society. In order to establish strategic directions for Public Administration
Reform in Georgia, each historic situation should be pragmatically analyzed and reform priorities
should be realistically defined.
Since the collapse of the Soviet Union up to “Rose Revolution” (2003) state and its
administrative bodies mainly functioned in the same style and form as during the USSR. The Soviet
administration was known by the fact of regulating all spheres of public relations. Those
comprehensive regulatory requirements satisfied huge number of personnel of the state
administrative bodies. Considerable amount of money was spent to maintain personnel in the public
service. Before “Rose Revolution”, in the post-soviet Georgia the number of personnel in the state
institutions remained, however with very low salaries, which made it impossible to satisfy
elementary household demands. This was the reason of high scale corruption for public servants
during that period. The basis for functioning the state and its administration was informal
institutions, corruption and patronage. The state looked very much like a type of feudal country,
where state structures functioned through private relations. Under such circumstances, reform of
state and public administration has not become significant topic at all.
Nowadays, the main task of the state policy in Georgia is to build up appropriate statehood in
conformity with principles of democracy and rule of law; among others, the development of the
independent public administration. Georgia should begin state and administration reforms with basic
6
7. institutional grounds, as it has been the case in the developed countries; in particular, this means
creation of democratic state based on the rule of law.
The main guideline of the State and Public Administration reform in Georgia is defined by the
Action Plan in frames of the EU Neighborhood Policy. According to this document, the European
Commission provides financial support in different spheres. In the first place, principles of
democracy, rule of law and “good governance” are supported. It is essential for Georgia to build up
strong institutional grounds for democracy and rule of law. Only after this, it would be possible to
consider modern trends of State and Public Administration of the leading countries.
Without providing those preconditions, blindly implementing certain concepts and models of
developed countries into Georgia will not lead to positive result. Attempts to introduce those
concepts and models would be rather difficult without preliminary analyzing and preparing the
ground.
It is true that after “Rose Revolution” important steps have been taken in terms of reforming
State and Public Administration: cancelation of unnecessary and extra staff, combating corruption,
increase of salaries, development of infrastructure etc. However, it was essential to form of a united
strategy to develop public service, which would be oriented on institutional reform development.
The political-administrative system of Georgia is not solid yet. Particularly striking is the low
level of independence of state institutions, limits of citizens’ participation in state activities, failures
in the system of democracy control. The working style of state servants is characterized by strict
centralism, with deficit of effective control and plan. It is clear that personnel have low level of
qualification, political party patronage.
Unconditional introduction of modern concepts and experience of state and public
administration of the leading countries will be counter-productive. A new concept of public
management in Georgia will help to illustrate the prospects of reform development just today.
The above-mentioned concept can be developed only in well-functioning market economy
oriented country, where private property and contract autonomy principles are protected, especially
under the conditions of independent court system. For Georgia – as for a state in transition, it is
typical that economy is not completely free from state regulation. Instead of formal relations,
patronage is quite strong. Such reality does not create attractive grounds for complete development
of a new public management. The main principle of such management is transferring public tasks to
private structures.
Essential precondition for developing a new public management concept is to establish solid,
confident state with independent legislative and court systems with existence of competent,
politically independent, neutral public administration. Parliament, in particular, as independent
political institute should provide balance of public administration power. In fact, the cornerstone of
a new public administration concept is a flexible state- which does not mean to weaken a state at all;
On the contrary, it means – strong institutions, which correspond to the principles of democratic
state and rule of law.
7
8. However, some elements of a new public administration concept being in a process of
establishing (whatever attractive they might look) can be dangerous for current political
administration system. At first glance, decentralization of responsibilities in frames of public
administration can be evaluated positively; on the other hand, under the conditions of weak state
bodies- it can encourage corruption and de-coordination. Even implemented decentralization
practice in the developed countries clearly reflects that corruption and de-coordination problems
have been occurring in particular state bodies.
Less dangerous are those elements of reform, which include participation of citizens through
round tables, polling and other forms of communication. However, for this, it is essential to have
high level of democracy within the state, independent civil society institutions and a public culture
of sharing more responsibilities. Otherwise, there is a danger of manipulation on citizen’s
participation and their subordination to the interests of the ruling majority. Without having strong
democratic institutions, in the condition of weak civil society, elements of the above-mentioned
reform lose their purpose.
Considering all this, it is important to define and develop strategic priorities for the state and
public administration reform in Georgia. This is prerogative of politics. First of all, reform of public
administration should be oriented on developing and establishing institutional infrastructure of
democratic state and rule of law. Particular situations should be analyzed thoroughly and only after
that certain parameters of reform should be implemented.
3. Foreign Experience
The reform of the public service is a dynamic process, which according to the society
challenges aims to raise effectiveness and responsibility of the administration.
The reforms of the public service mostly are concentrated on its classical functions such as
planning, organizing, staff hiring, decision making, financing and controlling. Each reform of the
public service is a specific plan for optimizing the above-mentioned functions and it is determined
by the guideline orientations. These main orientations of the reform supervene from the main
understanding of the state.
In this regard, it is important to study the experience of developed countries. It makes clear
that the public service reform is always conditioned by a new state concept. This experience also
gives us an idea about what the tendencies of modern public administration development are in the
world and provides a theoretical basis for their implementation in Georgia.
Although in terms of access to the public service reform in the leading countries and
considering Georgia’s European orientation, special attention should be paid to the development of
the Classical European Model; however, this development reflects general picture of the main
elements of developed countries’ public administration reforms worldwide.
8
9. 3.1. Bureaucracy
In the Weberian bureaucratic model can clearly be seen the rule of law and strict definition of
the competencies in the public administration. Unlike the arbitrary form of administration, where the
public servant subjectively manages public resources and where acquiring a given position is based
on patronage, nepotism, corruption and everything is out of control, within the margins of classical
bureaucratic model of public administration the work is identified, distributed and controlled
according to the legal framework.
Weberian bureaucratic organization is based on the one hand- on pyramid-like hierarchical
structure and on the other hand, standardization of the internal organizational procedures. The
hierarchical structure in terms of bureaucratic administration is characterized by strict distribution of
labor and its specialization. Therefore, it is necessary to employ a public servant in the specific field
according to his/her competence (knowledge and experience). In addition, each unit of bureaucratic
organization is subordinated to the superior body.
While describing the internal procedures of the administrative bureaucratic organization, it is
essential to mention the strict standardization of the administrative activities and dependence on
specific regulations. Above-mentioned activities are carried out only in a written form. The latter
secures its transparency and control. Together with the hierarchy and specialization of this type of
internal organization, it gives a solid base to manage and control the public administration in
accordance with the principles of democratic state and rule of law.
One of the key features of the bureaucratic administration is the professionalism and
competence of its personnel. The professionals are hired “lifelong”. This principle is not motivated
by the personal interests of public servants, but rather serves as a tool to strengthen their
professional independence. Overall, it is aiming to reinforce the public administration institution.
The professional career promotion of public servant is based on career principles. Therefore, their
qualification tends to constantly improve. The financial compensation is provided by the preliminary
determined salary rating. The public servant is obliged to carry out his/her professional activities
unbiased. This responsibility should be performed not as the loyalty towards the supervising person,
but rather as the attitude towards the institution, which will finally secure the independence of the
bureaucratic organization from politics.
The activities of the bureaucratic organization are determined beforehand as they are based
only on law. Each administrative action could be controlled by the court. Conducting bureaucratic
activities in a written form provides a substantial basis for this. In addition to the court control, for
the hierarchical organization, it is essential to have the principle of the parliamentary control. Every
Minister must ensure that his orders are carried out in accordance to the Constitution and the Law
within margins of the institution subordinated to him. Otherwise, issue of Minister’s political
accountability will appear.
According to the above-mentioned elements of the bureaucratic organization we can
summarize the features which distinguish between a modern bureaucratic model (based on the
principles of democracy and rule of law) from the underdeveloped administrative one. The
underdeveloped administration is identical to the personal power, while in the modern bureaucratic
model the administration is presented as a state institution. An arbitrariness of public servants is
9
10. characterized to the underdeveloped administration, whereas the developed bureaucratic system is
distinguished by strictly formal work: professionalism of public servants, independence of the
institutions and systemic hierarchical and court control.
Thus, the bureaucratic model of public administration was appropriate answer to the social
challenges in Europe after the Second World War, when the main goal was implementation of
democracy and rule of law. This model still has not lost its importance. Although it has undergone
reformations and optimizations in the agenda of the administrative policy for many times, there was
impossible to completely substitute it with alternative model. After all, such a success of the
bureaucratic model can be explained by the fact that it is a result of the highly developed legal and
institutional culture and not just an organizational category.
3.2. Active State
From the middle of 60s of the 20th century the general orientation of the state and public
administration reform has changed in Europe. In the German administrative legal studies this stage
is known as an "active state" or an "active policy". A new state concept in Europe was
preconditioned by the first major economic crisis of that period.
According to the new vision, only an “Active State” could create conditions to avoid
economic crisis. On one hand, this envisaged improving a mode of protection from the state towards
every citizen and on the other hand, it aimed to increase the system of economic planning. The
opportunities of the state were linked to great optimism. According to this, the state had to put more
efforts to interfere in public relations. Using more intense planning policy it had to improve the
shortcomings of the market economy through introducing significant amendments.
Historical development has displayed limited abilities of the “Active State”. The model ceased
its existence in the late seventies of the 20th century. The following economic crisis has made it
clear that the state has taken heavier burden than it actually could have taken.
3.3. Flexible State
From the seventies of the 20th century an idea of the Flexible State became the main focus of
state and public administration reforms. Its development can be divided into two stages. The first
phase includes the neo-liberal criticism of a state, while the second stage includes creation of a New
Public Management (NPM).
3.3.1. Neo-liberal criticism of the State
By the end of the 20th century, neo-liberal criticism of the state has been spread in the
developed countries. According to this criticism, the main deterrent factor of social-economic
progress was state bureaucratic system. In special literature, it has been linked with economic
programs of Thatcherism since 1978 and Reagonomics since 1980.
According to this concept, particular criticism has been regarded to the fact that, state has been
taken more and more responsibility on itself, expenditure of state budget has been increased,
bureaucratic apparatus was growing and those factors leaded to the abundances of law and tendency
of a detailed regulation. As a result, citizens and private business were damaged. The independence
of entrepreneurs got dramatically limited, while they became much dependent on state bureaucracy.
10
11. In contrary to this tendency, priority was given to those initiatives which were aimed to simplify
public administration and legislation. After the implementation of neo-liberal reforms, state and its
public administration should have become more flexible and simple. State should have been less
interfering in economic processes, it should save more money, and it should have started staff
reduction process and the simplification of legislative communication. Implementation of the above-
mentioned, in the first stage of “Flexible State” development, essentially was maintained by the
traditional internal organizational management mechanisms and structures. During that stage, they
have not become objects of criticism.
3.3.2. New Public Management
By the end of 80s of the last century, the main target of state and public administration reform
in developed states still remained an idea of a flexible state and its tasks (simplification of public
administration, privatization process and opposing bureaucracy), with the demand of changing
traditional forms of management. For this purpose, a new public management concept emphasizes
the issues of private sector management and proceeding from its experience acquires appropriate
knowledge for public administration reforms. It has become so popular that it has created certain
euphoria in the countries which needed public administrations reforms. Even nowadays Public
Administration reform is quite attractive topic for scholars. Therefore, we will discuss it in details.
Main thesis
A New Public Management calls into the question the effectiveness of traditional bureaucracy
and gives preference to a totally new structure and working style for administration.
According to the New Public Management, politics should govern public administration not by
the precise legal norms and by the particular articles of the budget, but it should be limited by the
general objectives of administration, strategy or by the highlighting the certain standards; on the
other hand, by establishing such budget, which will not be defined in details; Therefore, to empower
the administration to manage the budget according to its responsibility. In fact, responsibilities
between politics and public administration were innovatively defined: politics is authorized to define
main goals of public administration and control the results. As for implementing above-mentioned
goals, it is a prerogative of public administration itself.
Within the rules of a new public administration each organizational unit gains more autonomy.
Comparing with bureaucratic model, where public servant is an executor of hierarchical orders,
according to the new model of public management, he/she takes personal responsibility to conduct
public duties.
It is true that public administration should be conducted within the legal frames; however, the
assessment of its performance in conformity with the legislation has become a consideration of
11
12. customers’ requirements. Thus, formal criteria of administration’s legal actions have been filled
with criteria of quality assessment contents. The priority was given to it.
Services conducted by public administration have been defined by the product name. Creation of
the product –a result of service has been defined by the superior unit of public administration;
however, subordinated unit of public administration may independently choose its way of
implementation.
Within the margins of public administration, governing process is mainly implemented by the
mechanisms of goal definition, stimulation, quality control and competitiveness.
Defining the objectives by superior bodies gives a wide coverage area for each adminstration
unit compared with hierarchial orders. Additionally, transfering budget to them, increases and
stimulates the quality of activities. Activity control of each administration unit is conducted
according to the particular quality criterias. Special attention is paid to the creation of the mode of
competitiviness between different public administrations (including public administration of
particular region or state, or between public administrations of different countries). Comparisons of
the performances should result in the increase of motivation for administration personnel,
trasparency of results and achieving of good practice.
Product Oriented
The ssignificant element of a new public management is to be a product oriented- or to be
oriented on the particular result of administration activity.
Public Administration itself defines products of its activities. In this process, it is guided by
politics and particular priorities of the administration rather than by the legislative powers. It is also
guided by citizens and their demands as they are clients of this administration. The quantity of
products should be realistic in order to offer them. From a systemic point of view, products are
divided into certain groups whereas the latter are divided into certain segments.
In certain cases, it is impossible to determine the results of all the public administration
services. The definition of products becomes particularly complicated when it is linked with such
services, which are established by an active relationship between consumers and providers. In this
case, production and consumption are practically simultaneous. The provider becomes a kind of a
part of the product itself and therefore, his/her role could be decisive (for instance: rendering
consultations).
The product, as a basis of a new organizational principle, changes a working style of public
administration in various ways. Budget becomes more new product oriented and the latter contains
important source of the value and information. This ensures more transparency of administration
activities and its specific values.
The distributed parts of the product in various units of public administration are united under
the particular service. This influences on organizational changes of administration. Therefore,
product oriented approach gives the administration personnel ability to document their own
activities. The latter is a solid ground to compare it with other public administration products, their
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13. expenses and quality criteria. The process itself facilitates competitiveness between different public
administrations.
In conclusion, identifying the products by public administration will correspond to the main
demands of citizens, that they will have complete and comprehensive information on following:
what is the cost of particular services, what qualification degree public administration has. Those
exist and function by taxes.
Internal Process and Client Orientation
A new Public Management, likewise private sector, is oriented on the optimization of internal
processes of public administration. It focuses on rapid and flexible proceedings, where
standardization of processes is minimized where labor is less divided in different departments and
the length of proceedings is shortened.
Every participant of internal processes of public administration becomes an internal client.
Employees treat themselves as clients and the latter leads to the optimization of internal process,
which should result an optimization of “chain” process within organization itself. This increases the
mode of cooperation in the organization and the sense of joint inclusion. This is supported by
client/citizen orientation of the public administration internal processes, which means that process
optimization (considering citizens’ interests) mainly should be guaranteed within the organization.
Traditionally, public administration is structurally represented by various units and
departments and their work is usually characterized by bureaucratic style. Often the clients/citizens
problems cannot be divided. Therefore, proceedings from the client’s interest, public administration
should serve clients with quick, flexible and efficient way. “One Stop Agency” principle is aimed to
implement above-mentioned purposes.
It is also important to secure the participation of citizens in the work process of administration
together with creating unified service centers for them. Organizational forms of cooperation
between public administration and citizens (for instance: round tables, polling, and written criticism
of public administration) are well-known in practice and serve above-mentioned purpose. In terms
of such cooperation, a matter of the discussion should be topics like the cost and quality of
administration service (or product). Each form of cooperation provides the involvement of citizens
in modernization process of public administration and practice improvement.
For Public administration, client orientation aims to improve its service and innovation. Client
satisfaction should become a measure for service quality. Public administration should create such
conditions for service, which will provide the necessary service in a shortest period possible with
low expenses. For instance, the practice of issuing ID card: when administration is notifying a
citizen in advance when ID card expires and what documents one will need to receive a new ID
card.
Important role plays the effective use of new technological achievements for simplifying and
improving service and relations between public administration and citizens. Providing service
through internet is a significant element of administration.
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14. Decentralization of responsibilities and centralized management
In a new concept of the public administration the decentralization of the responsibility takes a
special place. This considers politics and public administration as well as the relations between the
supervising unit and the subordinate unit in the frames of the public administration.
In the above-mentioned relations the contractual management becomes important. Political
leadership and the public administration agree on what portion of the budget should be allotted for a
specific kind of product (type of service, its cost, quality). The administration takes its independence
while identifying the tasks. The goals set and the results achieved are the aim of the politics.
The principle of contractual management operates even within the frames of the public
administration itself. Each subordinate unite of the organizational chain receives the specific
instruction from the management and the relevant budget. The subordinate unite has great autonomy
while performing the task. And each of its employees has high level of independence while
performing certain duties.
Thus, in the new concept of the public administration management the responsibilities are
decentralized. According to this, management is not conducted by the detailed instructions and
orders from the higher unit, but by setting the common goals and outcomes among the supervising
and subordinate units. The decentralization of the management needs establishing of new
communication and consent culture within the frames of the administration.
The effective decentralized management generates the need to coordinate the activities of the
subordinate units. On the one hand, the coordination of autonomous units is achieved through the
general orientation and specific objectives set according to the agreement, while, on the other hand,
the so-called controlling system and the periodic report should be provided. These elements form a
unified command and control process and ensure unity of decentralized administration.
Qualification and motivation of the personnel
New public management focuses on the issues of improving the training and motivation for
the organization personnel. Initially, the concept of the new public management highlighted the
technical side of new managing model as its priority, but soon it became clear that the successful
implementation of the new public management model would largely depend on how much it could
win the hearts and minds of the persons employed.
Full-scale implementation of the new model could be possible in case of relevant qualification
and motivation of employees. According to this model, the administration should free itself from its
passive role, and it must be transformed into a creative agency. This requirement is a challenge for
the personnel of the administration as it must have the appropriate knowledge and skills for the new
management model. Rising the service level and quality of the results depends precisely on this
knowledge. It also provides the high competitiveness of the organization.
The creative and innovative approach increases the staff motivation. By introducing framework
of the decentralized public administration as well as giving each employee broader arena for actions,
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15. satisfaction of the staff increases. The periodic meetings with the management and discussing the
objectives contribute to the fact that each employee can better understand and absorb the essence of
his work as an integral part of the process. Excellent customer orientation and competition with
other administrations increases the creative potential and the quality of services provided by
personnel.
New Public Administration Concept sets in the agenda the necessity of introducing a new style
for the management. Hierarchical management, which is limited with formal orders, and does not
consider the discussions with colleges, will not respond the demands of a new model. With the style
based on interactive relationship management it is required that the bosses inform the staff
periodically about what the objectives are, how do they assesses their performance as well as the
prospects for development and their vision of the future plans. For this purpose, it is necessary to
establish the constructive relationship between the bosses and the employees and not only general
instructions written on a paper.
According to new management model standardization, strict control and distrust is substituted
by trust and cultural responsibilities. This cultural shift must take place in the consciousness of each
employee. In this regard, in particular the leadership of the organization depends on creating an
atmosphere where every employee takes the success of the administration’s performance as his/her
own responsibility and importance.
The administration that learns
Shifting to the New Administration model from the bureaucratic model requires competence
(knowledge, experience and skills). Mainly the new management should include economic thinking
and a strong customer-oriented attitude. The goal oriented and contractual management style should
correspond to a management style based on cooperation. To solve complex factual elements the
employees of the organization should have strong skills of teamwork and systemic thinking. The
innovative approaches are absolutely necessary for constant dynamic development of the
administration.
The administration would only be able to elaborate the above-mentioned skills, when its
employees are educated through these demands - how to perform their functions optimally. The
process of education should be adequate to the dynamics of social development and should meet the
increasing demand of people.
Parallel to programs for appropriate training of the employees in the administration which is
constantly in the process of education much importance is attributed to the performance surveys
among the consumers and the personnel. It should facilitate the process of self-assessment for the
administration and that should allow analyzing the strengths and weaknesses of the performance and
identifying future targets. As a result of these processes concert projects and action plans are formed
and this should be done with the participation of ordinary citizens.
While the process of the reform each administration accumulates certain experience. Sharing
the reform experience is an important precondition for the success of the reform. The administration
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16. that learns, should teach the others as well. With participation of qualified specialists and scholars
this process receives systemic character. This facilitates scholarly evaluation of the administrative
reforms and creates a good foundation for sharing the successful public administration experience as
on the national as well as on the international level.
The administration oriented on the public influence
New public management reform process has made it clear that orientation only on managing
the private sector elements, such as product, customer, etc. or internal organizational autonomy,
contains a threat that the activities of the public administration, would mainly be dependent on the
financial and economic factors. Unlike the private sector, the goal of the public administration is not
gaining profit. Therefore, the financial - economic categories of the new public management reform
does not fully respond the purpose of the public administration.
All public administration reform initiatives, including implementation of the new public
management elements, will be successful only in the case if the major idea of the public
administration activities (the public service for every citizen) is not lost. It is essential for the reform
of any type of the public administration to know the impact the planned changes will have on the
social development as well as on each individual.
In a democratic state the major task for the public administration is the common welfare of the
society. This task is fulfilled in accordance with the basic principles defined in the Constitution. It
receives a specific meaning while implementing the goals and programs which are reveled in
different fields (social, environmental, education, culture, etc). The ultimate measure of success
depends on how deeply the reform policy improved the standard of living of every citizen.
A new concept for public management means that during the process of reforming the public
administration, it becomes important to regulate the aspects of the internal organization as an entity,
which is the main purpose of the public administration. The purpose of the reform should always be
focused on the final result which is improvement of the life conditions for people. Ignoring a matter
of improvement of public administration activities bears threat of isolation.
The new public management concept in Switzerland and Austria was appropriate to these
requirements from the very beginning. In the above-mentioned countries it was established under
the name of the impact-oriented administrative concept. This name reflects the conceptual view,
according to which the significance of the administrative reform is determined by the value of the
impact it has on each citizen and society. In the developed countries, the further development of the
new public management emphasizes exactly this trend.
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17. 4. Main aspects of Public Service Reform
4.1. Main institutions of Public Service
One of the problems of Law on Public Service is that its main notions and subjects are vague.
First of all, scope of the law should be defined. It requires clearly identifying the statuses of a state
public service, public service, public servant and public employee.
According to the concept, state public service is an elected or appointed activity position in
those institutions, which implement legislative, executive and court powers, state supervision and
control as well as state protection.
State public service is also performed by private persons. They are granted to implement
public legal duties through the delegation of powers.
According to the concept, state public service consists from 4 groups:
1. State Political Service. State Political Service is conducted by :
- President of Georgia;
- Members of the Parliament of Georgia;
- Head of the Government and its Members;
- Members of the High Representative Body of Adjara and Abkhazeti Autonomious
Republics;
- Heads and Members of the Executive Body;
- Members of local self-governance (without administrative fuction).
2. Public Service;
3. Compulsory Military and Alternative Civil Service;
4. Implementation of public legal duties by private persons.
The subject of the concept is a public service, which is included in the Law on Public
Service.
Public Service is conducted by public employee and public servant.
Public Service is a form of state public service. The notion of public service can be made by
substraction method:
State Service – X = Public Service
According to the Law on Public Service, public service is not implemented (in above-
mentioned formula X equals) by:
- Persons employeed in State Political Service;
- Persons employeed in compulsory military or alternative civil service;
- Private persons, who conduct public legal duties (functional understanding of
administrative body);
Public Service can be understood as a public duty carried out on a salary basis either being
elected or appointed in a budgetary organization. Public service consists of following
elements:
-Treasury department;
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18. - Public authority implementation goal;
- Act of being elected or appointed;
- Staff hiring scheme;
- Salaries.
Considering the above-mentioned Law on Public Service totally governs:
- The activities of the representatives of the public sector of executive power;
- Activities of legislative body and the High representative bodies of Abkhazeti and
Adjara Autonomious Republics and self-governance, which implements its
administrative functions;
Mainly, under the scope of additional and special frames of the Law on Public Service falls:
law enforcements bodies; hired military service; the Diplomatic Corps; the Chamber of Control;
Election Administration; Revenue and Customs services.
Working within the court system, in the independent regulatory bodies or in the Office of
Public Defender/Ombudsman is regulated by the Special Laws and also by additional regulations of
the Law on Public Service.
Conclusion: State Public Service is carried out by the regulations stipulated in the Law on
Public Service or within the frames of special regulations.
Often state, in order to carry out its functions uses Private Law forms of organizational
arrangements. In order to formulate the notion of public service, it is not essential the nature of the
activities (whether he/she serves for the implementation of public service), but rather that the
activities are conducted in the service of public law legal entity.
Law on Public Service is a law of employees who work within state bodies and other
public law legal entities.
It does not cover those subjects, who are employed in the private law legal entities. Even in such
case, when state uses organizational structure of private law form in order to carry out its own
objectives.
The essential element of public service concept is a reform of the Law on Public Service. A
new notion of public law legal entity should be developed. Public law legal entity can be developed
by using various forms of organizational structure:
1. Public Law Corporations;
2. Public Law Institutions;
3. Public Law Funds.
4.1.1. Public Law Corporation
Public Law Corporation is a membership-based and independently functioning organizational
union not depending on the rotation of its members. It is a legal entity based not on private
autonomy, but on a governmental legal act.
18
19. Public Law Corporation is distinguished from the private law corporation by its organizational
structure and public legal form.
Territorial corporation is a unity of persons residing on a precise territory for a long period of time.
The main example of the formation of Public Law Territorial Corporations is creation of self-
government units.
Non-territorial corporations embraces those persons, who are united by professional/or other
features, rather than by territorial location.
Public Law Corporations, which are not created by territorial location, are mainly professional
unions: for instance: bar association -as Public Law Corporation.
The purpose of creating public law corporations is that organizationally public law
corporations are separated from state and represents a self-governance unit. It conducts public legal
duties. On the other hand, subordination to the law as well as state supervision is guaranteed.
Compared to private law corporations, public law corporations are authorized to have public
employees, issue normative acts and establish fees and charges of services.
State may grant the status of Public Law Corporation to such organization, which does not
conduct public legal duties; however it represents the interests of a whole society. The purpose of
the above-mentioned is to acknowledge the merit and achievements for granting honorable legal
status of public law legal entity. We can observe such examples in case of Red Cross Organization,
Religious unions and political parties. Several public legal rights and duties are connected to this
status. Those organizations despite their public legal status have no public employees.
In terms of the Law on Public Service, while defining the status of religious unions it can be
separated Georgian Orthodox Church and other religious unions. The status of Georgian Orthodox
Church and its relation with the state and other subjects are defined by the constitutional agreement
(Concordat) concluded between the Church and the state.
4.1.2. Public Law Institution
Public Law Institution is an institution which is granted public legal authority. It manages
those material or human resources, which are essential to implement its authorities.
Public legal institution is based on its voluntary approach rather than compulsory membership. It is
established for the reason to service its clients. The state or local self-government body, which
makes a decision to found public law institution, is liable to take care to create material and financial
grounds for sustainable functioning of the entity. It is also obliged to establish mechanisms for
compensation in case of damage.
Public law institution can establish a public broadcaster, universities, vocational and high schools,
service agencies etc.
One of the features of public law institution is following: it uses private labour law as well as public
law mechanisms while conducting its activities.
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20. In the educational and cultural public institutions a reservation can be made- which stipulates
that persons working in such institutions are not public employees.
4.1.3 Public Law Fund
Public Law Fund is an institution, which with its property, serves for achieving the objectives
designed by the founders. Creation of Public Law Fund by the state or self-government serves for
only one purpose: to protect particular social and cultural spheres and the interests of certain groups
of society. These are the spheres of public interests: libraries, cultural monuments etc.; also persons
with physical and mental disabilities or chronicle diseases, which need a special attention. The fund
accumulates certain material property and it is managed to achieve the goals.
The law should define organizational structure of the public law fund, its management bodies
and the competencies.
4.2. State Service System
State service as well as public service systems and their legislative regulation can be presented
by those schemes (schemes 1 and 2).
Scheme 1
State Public Service
State Political Public State Compulsory Private Persons,
Service Service Military or who carry out
Alternative Civil public legal duties
Service
President of Georgia; Members Public Servant Public Employee
of the Parliament of Georgia;
Head of the Government and
its Members; Members of the
High Representative Body of
Adjara and Abkhazeti
Autonomous Republics;
Members of the Executive
Body of Adjara and Abkhazeti
Autonomous Republics; Heads
and Members of the Executive
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21. Body; Members of
representative body of local
self-governance.
Judge; Public Defender; Professional Servant;
Chairman of the Political Servant;
Chamber of Control; Servant on Civil Basis
Member of the Council
of National Bank of
Georgia; Members of
the Independent
Regulatory Bodies.
Scheme 2
Public Service
Public Service which is Service, which mainly is Service, which mainly is
regulated by Law on Public regulated by Law on Public regulated by other laws and by
Service Service and also by other law some articles of Law on
Public Service
The representatives of the The Chamber of Control; Law Court system; Public
Executive Body; Enforcement Bodies; Hired Defender’s Office; Independent
Representatives of Legislative Military Personnel; Diplomatic Regulatory Bodies.
Body, Subjects of High Corps; Election Administration;
Representative Body Abkhazeti Tax and Customs Service.
and Adjara Autonomous
Republics, legislative body and
local self-governance
representative bodies, who
carry administrative functions.
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22. Public Service is carried out by
Public Servants Public Employees
4.2.1. Public Servant and Public Employee
Public Service is carried out by public servant and public employee. Public servant is for instance:
Chairman of the Chamber of Control, member of the Council of National Bank, Judge, Public
Defender, member of Independent Regulatory Body, Ambassador etc. Below the institute of public
servant will be discussed. The main element of the concept is an institute of the professional servant.
Public service is conducted in the framework of the status of public servant:
1. Professional servant- who conducts main and professional activities and receives
appropriate salary and guarantees;
2. Political servant-who has such duties, which are conduted according to the political
goals and views of the government (for example, chief deputy of state political
official, assistant, Head of Administration).
3. Servant on voluntary basis- who carries out public duties not as his/her main
professional activities, but together with his/her professional activities, without
additional compensation.
Public Service on a contractual basis is conducted by:
Supporting assistant- who is hired on a full-time staff position and performs public legal duties in
order to achieve objectives and goals of the institution;
Hired worker- ( part-time) who carries out particular duties without having public legal authorities
being delegated to him/her.
Accordingly, public service performing model can be presented by the following scheme (see
scheme 3):
Public Service is carried out
Public Servant
Professional servant Political servant Volunteer servant Hired servants (part-
time)
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23. 4.2.2. The proportion of employers in Public Service
Professional Servant 40% Supporting Servant 40% Hired employee (part-time)
20%
4.2.3. Criteria for distinguishing between a public servant and a hired, part time
employee
Distinguishing
Public servant a hired, part time employee
criteria
Legal Nature Public (administrative) law Private labor law
Basis for the Individual administrative act Labor contract
relations
Legal grounds Legal grounds Individual and collective contracts
Promotion Principle of career Individually
Financial Principle of alimentation In compliance with his/her
Compensation performance
Social guarantees Special social protection Private-legal means
Results from not Disciplinary responsibility Legal contract
accomplishing the
responsibility
Rights Ban on strikes The right for strike
Protecting rights Administrative dispute Private law dispute
4.2.4. Main characteristics for professional public servant
Legal relations between the public servant and the employer
Lifelong appointment
The loyalty commitment
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24. Employers’ commitments for appropriate protection
Neutrality from the political parties
Principles of the career
The right to hold appropriate rank
Right for appropriate social protection (alimentation)
Right to receive appropriate legal assistance
Protection against being dismissed illegally
Right to apply to the court
4.2.5. Classification of the public servant
public servant in state service
public servant in the local self-governance service
public servant in the service of other public legal entity
4.2.6. Legal relations between the public servant and the employer
Lifelong appointment: The life long appointment is an important element for
professional public servant institution. Lifelong appointment serves for the professional
independence.
Appointment for specific term: This type of legal relations is an exception, mainly used
in local government field for elective positions.
On probation: The period of probation should be the necessary precondition for lifelong
appointment. It serves to determine the compliance of the public servant. The regulations
of the Law on Public Service do not meet the minimum requirements for the terms of
probation.
4.3. Main problems of the Law on Public Service and how to settle them
4.3.1. Appointment
The fault of the Law on Public Service is that the regulations about the appointment of public
servant are vague and incomplete.
One of the preconditions for entering the public service is age – for a public servant the age
minimum is 21 and for a local self-governance employee it is 18.
According to the concept, the age 18 should be minimum for entering the public service,
regardless of the category applying:
public servant in state service
public servant in the local self governance service
public servant in the service of other public legal entity
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25. Reaching the age of 18 years does not mean to have right to serve on any level in the public
service. The current law has additional requirement - careful and precise determination of the
appropriate knowledge and experience. Specific educational requirements should be established as
well as the experience necessary for the particular public service.
The principle of career shall be the basis for public service, which means promotion from
one position to another in the public service system while the level of education and experience
taken into account. This model solves the age-related questions and excludes the possibility to start a
career at the age of 18 from the upper position.
This system does not apply to hired part time employs. This category will be hired as public
servants according to their professional experience and interests of the service.
The Law on Public Service should establish the basic requirements necessary to hire a
person. The head of the office should determine additional requirements in compliance with the law.
Current law stipulates within the range of competence and authority the following public
service ranks:
a) Main public position;
b) Leading public position;
c) Senior public position;
d) Junior public position.
Specific qualification requirements should be defined. This means relevant education,
practical experience, successfully passed certification exam.
Applicant should be appointed to public service only through the competition. Above-
mentioned should be applied not only to the professional public servant, but to the supporting
servant and hired, part time employee. This rule is applied only during the initial appointment of
professional public servant, whereas the further promotion is based on the career principal.
Competition can have 3 formats: external, internal, and mixed. The terms of application of
each format should be selected. It is important that the rules of creation of competition commission
should be in compliance with the legislation.
4.3.2. Probation period
The Law on Public Service provides probation period for a public servant, which shall not
exceed 6 months. It is necessary that the practice of the probation period is not formal but a
necessary step for service career. This term may be different for various services according to their
specifics, but it should not be less than 1 year and more than 3 years.
4.3.3. Certification
The certification institute holds an important role for career in public service system. Its aim is to
identify whether the public servant fits his/her position or needs training, as well as determining
grounds for his/her promotion or dismissal.
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26. In Georgian reality Institute of Certification does not function. It is necessary to establish the
appropriate organizational and procedural basis to activate it. Legal basis for certification should be
defined as well as strict rules and regulations for its operation and evaluation should be set.
Certification should have strictly regulated and systemic nature. The frequency should be
determined by the experience of foreign countries and the Georgian reality. In a country like
Georgia, where the legal system and institutional arrangement is in the process of formation, it is
possible to make it obligatory to carry out certification on annual basis.
4.3.4. Training (Increasing qualification)
Current Law on Public Service formally provides training, (courses for increasing
qualification) for public employees. Public employee once in 5 years is given up to 3 months for
studies and training preserving his salary (a kind of sabbatical). It is also envisaged obligations of
the Human Resources Department to organize training of public service employees. One of the
functions of public service was determined coordination of system for professional training and
increasing qualification level. These activities have not been done whatsoever.
It is essential for state to develop concept of effectively organizing the process of training and
re-training of public employees.
It is important to create special programs for public employees and public management high
qualification courses. As considerable work is to be done, it is necessary to involve other players as
well. It is possible to involve in this process, state and private schools and training centers for re-
training public servants. The appropriate institution should be accredited by the public service
bodies.
4.3.5. Human Resources Stability as a cornerstone for Public Employees
institutions
Staff stability is one of the essential elements for a proper functioning of public service. The
latter can be achieved by the establishing lifetime employment institutions. Staff stability does not
mean that new employees should not be hired. Career principle provides the process of staff
renewing. According to this principle, law should precisely determine legal and factual
circumstances. Public employee should cope with the regular performance assessment and
appropriate training. Professional promotion should be based on professional training and skills.
The principle of staff stability requires that law should precisely determine legal grounds for
dismissal of public employees. The law should also stipulate legal and social guarantees for their
protection.
According to the analysis of the Law on Public Service, several problems can be identified:
1. Article 96 of Law on Public Service determines grounds for dismissal of the employee in
case the institution is liquidated. The regulation needs further improvement. The liquidation
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27. of the institution should not lift the responsibility of the state from taking care of employing
current staff members. If needed, government should retrain them;
2. According to the paragraph 2 of the abovementioned article, reorganization does not create a
ground to dismiss public employee. However, those regulations are avoided in two ways.
Often reorganization is performed under the cover of liquidation and a new institution with
the same functions is established. On the other hand, regulation permits to dismiss public
employees, when reorganization leads to staff reduction. In this case, it is necessary to
determine following barriers: offering the similar job, offering training programs, offering
compensation equal to the annual income etc. Only by applying this approach, it would
become possible to discharge the public employees. Reorganization should not mean lifting
responsibility from the state to further provide a job for public employees;
3. According to the article 97 of the above mentioned law, public servants should be dismissed
in case if any discharged public servant is restored back to his/her position. This norm serves
for the protection of the rights of the illegally discharged person. However it restricts the
constitutional rights of another public servant who received the mentioned job. There is a
need to determine more precisely some aspects of the article 98 of the Law on Public Service
envisaging dismissal from the position due to the irrelevance to the job. It should be clearly
distinguished in case of unsatisfactory results after the trial period based on the results of the
certification, from the cases when the public servant has certain health problems. It is
necessary to determine the commitment of the employer to provide the public servant with
the job according to his/her health condition.
4. The article 99 of the Law on the Public Service determines possibility of dismissing public
servant for the disciplinary violations and without them in case if he/she violates his/her
professional duties. This conditions are very general, therefore they give possibility to
dismiss an employ with very subjective reasons.
5. According to the articles 108 and 109 of the Law on Public Service the commitments of
warning or the compensation mechanisms in case of dismissal from the job do not
correspond to the principles of lifelong employment. It is necessary to regulate it better and
attract additional mechanisms of social protection. (High standards of financial
compensation, so that some parts of the social protection mechanisms for public servants
could be applied to the persons dismissed.)
4.3.6. Ranking system
Common approach should be established in the Ranking Roster for public employees.
The list of positions should be unified within the ministries, sub-departments, local self-governance
bodies and among other public law legal entities. This will simplify mobility process of public
employment. According to the list of classifications, a person should not be the head of certain
department of a ministry and simultaneously be employed as a leading public servant in different
ministry.
The current law stipulates that acccording to the competencies and rights public service jobs are
divided into the following ranks:
a) Main Public servant position
b) Leading public servant position
c) Senior Public servant position
d) Junior Public servant position
27
28. It is posible to maintain the existing system of ranking. The issue of ranking unification is important.
The requirements and procedures should be defined, according to which every single rank should
be granted. Ranking is connected with the professional skills of a person, his/her qualification level,
official duties and the amount of salary. First of all, it is important to unify names of the structures
and positions within the public service system; Only in such a case it would be possible to activate a
unified system of ranking. Nowadays, in various ministries, the same functions are performed by
different services and as a result employees with the same ranks receive different salaries.
Rank of public employee should correspond to the system of ranking of the positions. Preconditions
of granting a rank should be clearly defined. The flexible system of ranking classification should
provide protection of the interests of the public servants. In case of moving him/her to the lower
ranking position their interests should be protected by preserving appropriate salary benefits.
It is possible to apply to the internal ranking system for assistant servants/ hired workers.
Rank Position Salary group Education
High School education, 6 months
Junior Public Official
special training
High School education, 18 months
Senior Public Official special practical training,
qualification exam
Leading Public Special education, 36 months special
Official practical training, qualification exam
Graduate, 24 months special
Main Public Official
practical training, qualification exam
4.3.7. Social Guarantees
An important element for social guarantees is labor remuneration, which covers salary, bonus
and other fees (depends on specific job and ranks, duration of service etc).
The rules of salary payments should be strictly regulated. The system of salary scale should be
defined for the whole public service and for supporting staff/hired workers. Considering unified
scheme as well as those legislative frames which give the possibility to the employers to take
discrete decisions, qualification and labor effectiveness of the employees.
Apart from the wages, mechanisms for receiving certain social assistance should be defined; more
precisely, special insurance and pension schemes; (for public servant in case of his/her death as well
as for family members).
Corrupt practice of bonuses should be eliminated. The legislation should strictly govern the amount
of bonuses as well as the rules of issuing them.
4.3.8. Guarantees for Protecting Rights
The Law on Public Service should secure material and in kind rights of public employees:
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29. Intangible Tangible
Protection of public employees and their Right to receive bonuses
family: securing their honor and dignity
Rights related to the job: Right to receive financial guarantees
Appropriate to the status; right to hold a rank
Right to have holidays Damage compensation
Right to perform part-time job
Assessment right
Right to carry ID
Right to join trade unions
4.3.9. Disciplinary Responsibities
A particular chapter into the Law on Public Service should be dedicated to the disciplinary
proceedings as a special form of administrative proceedings. Subjects and procedures of
disciplinary misconduct and forms of accountability as well as mechanisms of protection of rights
should be determined.
It is desirable to solve disciplinary disputes outside the institution of public service by the
disciplinary commission established within the Public Service Council. The decision may be
appealed to the administrative court in accordance to the general rules.
4.3.10. Labor disputes
Law on Public Service should regulate mechanisms to settle labor disputes. Internal
mechanisms should be defined. Internal Dispute Resolution Commission should be created. It will
be composed by the equal number of the represantatives of employers and employees. The
permanent Commission should function according to the established reglament. The decision of the
Commission can be appealed to the court.
The law should define those categories of dispute, which can be discussed and solved only by
the court appeal.
Especially problematic is the issue of dismissing public employee from public service. It
requires more precise definition. Stability of public service should be guaranteed, which means that
it should not depend on the government and public management changes.
Dismissing from job should be clearly defined by the procedures and items of the law. Corrupt
mechanisms of liquidation and reorganization should be eliminated. Transparent, legal and social
protection mechanisms for dismissing public employees should be established. Restoration of
public employee back at his/her position should not result the release of the other person. It is
prohibited to protect the rights of one person at the expanse of violating the rights of another.
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30. Hearings of labour disputes within the court should be divided in two parts: In case of
professional employees, dispute is administrative and the court considers according to the
administrative litigation. The disputes in case of supporting emloyees/hired workers- a relation is
commercial and disputes are considered by civil litigation rules.
4.3.11. Public Service Ethics
The Law on Public Servive should include public service ethic norms, which should be applied to
all public service institutions. Considering specifics of different institutions particular ethic codes
should be ellaborated. Special service for protecting, controlling and administrating norms of ethics
should be granted to the special Public Service Council and supervisor should be assigned for this in
all institutions.
4.3.12. Legal Frames of Labor Code
The Law on Public Service regulates labor rights in autonomous regime, which excludes parallel
usage of the Labour Code of Georgia. Labor relations are regulated through the Labor Code
between public servant and hired employees. Considering above-mentioned, it becomes necessary to
reform the Labor code and define minimal guarantees which should facilitate protection of the
employees. The additional guarantees should be defined through the collective agreement, which
could be concluded between employer and employees’ union.
4.3.13 Public Service Council
Public Service Council as an independent body guarantees ellaboration of the main policy of the
public serbice shpere and its implementation. The Council should be accountable to the parliament
of Georgia. It creates the unified standards for hiring public servants. The Council coordinates
training and re-training of the public servants and create dispute and ethic protection services.
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31. About Authors
Levan Izoria
Full Professor, Faculty of Law, Grigol Robakidze University
2002 Juris Doctor (magna cum laude), Faculty of Law, Georg-August University, Gottingen,
Germany
1999 Master of Laws LL.M (magna cum laude),Georg-August University, Gottingen, Germany
2003-2004 Representative-Konrad Adenauer Political Foundation in South Caucasus, Georgia
2004-2006 Rector, Police Academy, Ministry of Internal Affairs of Georgia
2006-2007 Dean, Faculty of Law, University of Georgia
2007-2009 Researcher, Visiting Scholar, Humboldt Foundation Scholarship, German Research
Institute for Public Administration Speyer, Germany
July, August 2010-2011 Researcher, Visiting Scholar, Max Planck Institute for Comparative Public
Law and International Law, Germany
Paata Turava
Associate Professor, Faculty of Law, Director of Public Management Institute,
Grigol Robakidze University
1996 Bachelor of Laws (magna cum laude) Faculty of Law, Ivane Javakhishvili Tbilisi State
University
1997-98 Main Course of Administrative Law, Faculty of Law, Potsdam University
2002 Master of Laws (LL.M.) (magna cum laude), Faculty of Law, Potsdam University
2006 Juris Doctor, Faculty of Law, Potsdam University
2003 -2007 Researcher, State Institute of Governance and Law, Academy of Science of Georgia
2004 -2006 Senior Teacher, Police Academy, Ministry of Internal Affairs of Georgia
2006 -to present Lecturer, Ivane Javakhishvili Tbilisi State University
Paata Turava is author of several law textbooks and monographs.
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