PUBLIC OFFICIALS
The role of public officials in the matters of their status and career
Lecture #5

¢Bureaucracy as a specific profession was formed at the end of absolutist era. Specific service
status combined advantages of higher social rank, stability and privileges, with higher
disciplinary responsibility. ¢Socialist law tried to remove all privileges and equalize public
administration with any other professions ¢Labour relationship between officials and their
employers had private law character, since 50s of 20th century. Governing party wanted unification
of all labor relationships regardless of their specifics.
STATUS AND CAREER OF PUBLIC OFFICIALS

¢Labour relationship of public officials can be formed pursuant to:
—Contract
—Election
—Appointment
¢The most common is formation of labor relationship pursuant to contract.
¢Term ‚‚public official‘‘ has wider interpretation than the term ‚‚employee‘‘.
SELECTION OF CANDIDATES IN PRESENCE

¢Job description of public official is execution of public administration. So the optimal term for
this activity is ‚‚civil, or public service‘‘
¢Basic prerequisites for public service should be:
—Citizenship. This results from the need of loyalty to state. This prerequisite can‘t be taken as
prerequisite on nationality, or denomination.
—Impeccability within the meaning of world reliability
—Professionalism combine prerequisite on education, practice and other specific skills asi
communication etc.
—Impartiality. Public official can‘t be generally biased, and has to give up activities, which
could be in conflict of interests
—Majority, Legal capacity
SELECTION OF CANDIDATES IN PRESENCE IN ADMINISTRATIVE SCIENCE

¢Present public administration inherit negative attitude of the public for public administration
from the times of totalitarian state. The greater should be prerequisites on tenders and receiving
new public officials.
SELECTION OF CANDIDATES IN PRESENCE IN ADMINISTRATIVE SCIENCE

CATEGORIES OF PUBLIC OFFICIALS



¢There are very rigid elements in French – English system of civil service. It is very hard to
become public official, but once someone succeed, he practically can‘t be discharged, unless he
commit some serious disciplinary offence. ¢Despite of above mentioned, principle of lawfulness
requires impartial and professional apparatus ¢Private law regulation of public service is
inappropriate because of active participation of civil officials on executing power.
¢Public service should be public law relationship
CIVIL SERVICE IN ADMINISTRATIVE SCIENCE

¢Appropriate labor relationship between officials and state as employer is civil service. ¢Usually
certain groups of public employees are in service relationship -  soldiers, policemen, prison
guards, custom officers. ¢Service relationship can be established only by decision about appointing
candidate on concrete service position, not by private law contract. ¢Whole service relationship
can be regulated by administrative decisions ¢Private law contracts can be used for employees
authorized for operating activities
¢
CIVIL SERVICE IN ADMINISTRATIVE SCIENCE

¢Civil servants are limited in:
—Behaviour – they can‘t endanger seriousness of public administration.
—Right to undertaking
—Some political rights
—Right on strike
—Opportunity to do some jobs, which are incompatible with civil service
—In cases of armed forces, there are also limitations on some fundamental human rights and
freedoms.
CIVIL SERVICE IN ADMINISTRATIVE SCIENCE