Improve the draft amendments to the Law on Public Agencies

Transparency Serbia considers that the draft amendments to the Law on Public Agencies, for which the Ministry of Public Administration opened a public debate (https://goo.gl/wgtivw) is generally positive, but it is necessary to further improve the issues of conflict of interests, the appointment of directors and implementation of the competition.

TS sent the proposals to the Ministry (https://goo.gl/sEiTP4)  by which it set up in this area if they are normative standards that apply to other regulations, such as the Law on Public Enterprises and the Law on Civil Servants.

It is positive that the proposed changes introduce compulsory competitions for employment in this part of the public sector, which currently do not exist, although there is no justifiable reason. However, the fact that this law change was not used to incorporate the other mechanisms to combat corruption. Among other things, TS pointed Ministry and on the initiative of the Anti-Corruption editing conflicts of interests among employees in public authorities (https://goo.gl/FAVuhw) whose recommendations, although it is not specifically stated, relations and the employees of public agencies.

Among other things, TS proposed that the draft deletes the amendments which regulated that, in addition to a case where the Director's mandate terminates prematurely, founder without competition appoints acting in the case that the Director is not appointed to public tender believe that the situation in which the directors are not appointed the competition should not exist. Implementation of the Law is fully in the hands of the Serbian government, which can prevent the occurrence of a situation in which competition would be organized.

Adoption of the proposed amendments would ensure that no restrictions indefinitely maintain the acting state, so as to every six months, has appointed a new acting, and not only in situation where the competition was conducted but none of the candidates met the requirements, but also when there are good candidates but the government does not want to name them, as well as in situations where no competition is not ever been advertised.

Any exception to the general rules could represent the situation when the competition ended, but the director is not appointed, and in the meantime the Government becomes a “technical” (fall of the government, parliamentary elections), but has no right to make appointments. For such a situations to be able to make a special provision.

In connection with the introduction of competition for employment in the public agency, TS said that the proposed text is acceptable, but given that it is anticipated that these provisions apply for the competition for the election of directors, these standards are far behind the achieved standard when it comes to the Law on public enterprises from 2016.

We believe that, in addition to the ad in the “Official Gazette of the Republic of Serbia” and once daily news, it should be planned as an obligation and advertising on public agencies and the site founder. It should specify that they must publish the information on the criteria for the ranking of candidates, lay down the minimum requirements of the competition in terms of education, years of experience and the like, as well as the criteria against which candidates can be ranked. These standards could be tailor made to the initial modelled on those of the Law on Public Enterprises and its Implementing Regulations, and they should be improved and if there is a willingness.

You should also specify the manner of determining the qualification of candidates who meet the requirements. Now provides that professional competence is determined “according to the criteria laid down by the establishment of a public agency. “We believe that this is not the right approach. The specific incorporation documents can and should make some specific criteria for a particular public agency, a general criteria should be set to suit every public agency – e.g. knowledge in the areas of public agencies, the draft action plan, knowledge of a foreign language, the length of previous professional experience in management positions and more.

It is necessary, says TS, and stipulate that the founder is obliged to appoint the first-ranked candidate on the list, as prescribed in the Law on Public Enterprises from 2016, but not any that meets the requirements.