Legal Eye: 'The civil service is dead'

"Unconstitutional," announced another. Still another lamented that the selection criteria will no longer be based on merit, but rather "upon a person's political affiliation." The allegations, if true, do not portend well for the efficient administration of public functions. Does this mean I will have to stand in even longer lines at the local tax office? Or that my wife will have to join the ruling coalition to get a job in the civil sector? The answer may surprise you.

What's the fuss?

The selection process for senior and mid-level government officials, including agency and administrative directors, department managers, deputy directors and other key personnel, has been amended.

Under the prior system an opening could be filled by a current civil-service officer following a competitive application procedure administered by the Director of the Civil Service. Now, under the new regulations, an individual may be selected to fill an opening without the need for a competitive application, the requirement being only that the individual be listed as a member of the newly created National Personnel Reserve (NPR).

Membership of the NPR may be gained by one of three methods: five years' work experience in the Civil Service; appointment by the Prime Minister; or successfully passing an entrance exam. Moreover, the Office of the Civil Service, including the director and the entire staff, has now been disbanded. Duties previously administered by the Office of the Civil Service will now be performed by the Prime Minister with the help of the Office of the Chancellery of the Prime Minister.

Is it Constitutional?

The Constitution grants the Prime Minister wide powers with respect to administering the civil service. Article 153(2) of the Constitution provides in particular that the: "Prime Minister shall be the superior of such corps of civil servants." This provision in and of itself tends to support the Prime Minister's constitutional power to assume direct control over the civil service, thus enabling him to abolish the Office of the Civil Service.

However, the power of the Prime Minister is not unlimited. Article 153(1) requires the Prime Minister to respect the role of the civil service "in order to ensure a professional, diligent, impartial and politically neutral discharge of the State's obligations." Herein lies the basis of the opposition's allegation that the changes are unconstitutional. Under the new regulations the Prime Minister is now empowered to personally nominate individuals to the NPR, arguably without meeting any defined eligibility requirements. And once included on the NPR list, an individual is eligible for appointment to any civil-service post. And who makes the final selection from among the individuals listed on the NPR? The Prime Minister.

Where to apply?

If you would like to have your name placed on the NPR, you can call the Office of the Chancellery of the Prime Minister at 022-8413832 to apply. Once your name has been placed on the NPR you will then be eligible to seek appointment to any civil-service position. Although not a requirement, I would suggest you join one of the political parties comprising the ruling coalition to improve your chances of success. Oh well, I guess my wife will just have to continue to work in the private sector.

Paul Fogo is a senior attorney with Miller, Canfield, W Babicki & Partners