The Croatian Parliament adopted at first reading the draft texts of two laws that form part of the public administration reform – the Law on Civil Servants and the Law on Salaries in State and Public Services. These laws are of great importance, as they introduce a comprehensive system for regulating salaries in state and public services and govern specific rights and obligations arising from the employment relationship of all civil servants and employees.

In order to contribute to the quality of these laws – which have a direct and long-term impact on a broad group of citizens and their rights – we submitted a number of comments during the public consultation process. Our opinion on the Draft Law on Civil Servants was submitted to the Parliamentary Committee on the Constitution, Standing Orders and Political System, while opinions on both draft laws were submitted to the Committee on Labour and Social Partnership. In this context, Ombudswoman Tena Šimonović Einwalter and Deputy Ombudswoman Dijana Kesonja participated in the committee discussions held on 3 July 2023, presenting the comments in person.

This text contains comments on the Draft Law on Civil Servants, while those related to the Draft Law on Salaries in State and Public Services can be found [here]. We welcome the fact that approximately half of our comments were accepted in the public consultation and incorporated into the draft laws, although there is still room for improvement, as elaborated below (for the Draft Law on Civil Servants) and [here] (for the Draft Law on Salaries in State and Public Services).

 

Set a Deadline for Responding to Complaints or Grievances

It is necessary to define a deadline within which a civil servant is entitled to receive a response to a complaint or grievance submitted to the head of the body. The current Draft Law refers to a “reasonable timeframe”, but it needs to be clearly defined to ensure legal certainty, prevent varied interpretations of what constitutes “reasonable”, and avoid delays in response delivery.

Such a response may, in fact, be a prerequisite for accessing other legal remedies available to civil servants.

 

Improve Protection of Civil Servants from Unlawful Decisions on Transfers, Salaries, etc.

In handling complaints, a persistent issue has emerged regarding the “vicious circle” that prevents effective protection of civil servants from unlawful decisions – regarding appointment to the civil service, job assignment, transfer, promotion, salary, reassignment, and termination of service. When a civil servant appeals such a decision to the Civil Service Board, the appeal does not suspend execution, and the law proposes maintaining this practice.

The problem arises when the Board annuls a decision and refers it back for reconsideration, but the administrative body often issues the same or a similar decision, which the Board then annuls again. This cycle can continue for years. Therefore, the process needs to be improved by prescribing that a decision may be referred back for reconsideration no more than twice.

 

Enable Job Applications for Persons Without Internet or Computers

It is generally positive that the objectivity and transparency of recruitment in the civil service is being strengthened by introducing a centralized hiring system. An information system is envisaged through which, among other things, applications for public competitions will be submitted, candidate testing conducted, and interviews scheduled.

While the Government Regulation will further define the process, care must already be taken to ensure that digitalization and automated decision-making do not exclude individuals from lower socio-economic backgrounds, those living in rural areas, or candidates without access to the internet or a personal computer.

 

Evaluation Criteria Should Be Prescribed by Law, Not by Regulation

The performance evaluation process in state and public services will also be regulated by Government Regulations. However, the basic evaluation criteria should be set out in the Law on Salaries in State and Public Services. The regulations should define the procedure and methods of evaluation, differentiated depending on whether the role is in the state or public service, taking into account the specific characteristics of each.

In addition, due to the nature of the work in specific state bodies, internal rulebooks should determine special performance criteria for civil servants and employees in those bodies. These rulebooks would be adopted by the head of the body, with prior consent from the minister responsible for civil service affairs, and aligned with the criteria established by the law.

 

Further Regulate the Work of the Committee for Complaints on Performance Evaluations

To ensure that the Committee for Complaints on Performance Evaluations operates transparently, efficiently, and effectively, the law should define the criteria for appointing committee members, their minimum number, and the grounds for dismissal. The number of employee representatives on the committee should be increased to at least two, and their selection should be possible even in bodies without active trade unions.

Leaving these matters to internal acts of each body can result in varied criteria for committee composition and appointment, leading to unequal practices in their operation and decision-making.

Finally, the question remains as to how the independence of the committee’s work and decision-making will be safeguarded, considering it is established by the head of the body – who also evaluates the employees – which could indirectly affect the objectivity of complaint resolution.

 

Some of the Accepted Comments in the Public Consultation Process

  • It is now further clarified that, following a leave of absence or secondment to institutions of the European Union or international organizations, a civil servant has the right to return to the same or another appropriate position, taking into account their professional qualifications, work experience, and competencies.
  • Public competitions for entry into the civil service – and announcements of their suspension – will be published not only on the website of the central authority responsible for civil service through the Centralized Employment System, but also on the website of the employing body. This was proposed to enhance transparency and encourage applications from individuals particularly interested in working for specific state bodies and who are likely to follow their websites.
  • Transfers to another body based on service needs will now require the civil servant’s consent. This is important, as an involuntary transfer may lead to violations of labour rights, and if the transfer involves a distant location, it could negatively impact the civil servant’s personal and family life.

 

Short Public Consultation Period

The public consultation period for this Draft Law, as well as for the Draft Law on Salaries in State and Public Services, lasted only 15 days. This period is too short, particularly given the importance of these laws.

Furthermore, it is extremely challenging to provide meaningful comments on two legally and substantively interconnected laws in such a short timeframe. In the future, a consultation period of 30 days should be ensured to allow for effective public participation.

All our comments on the Draft Law on Civil Servants and the response from the Ministry of Justice and Public Administration can be found [here].