2.2 BASES TEÓRICAS CIENTÍFICAS
2.2.4 Pensamiento crítico: definiendo el concepto
In spite of numerous declarations the reform of state central administration and central government remained outside the priorities of Czech politicians and legislators for many years after “velvet revolution” (Vidlakova 1999, Onisko 2000, Potucek 2001). It is true that the structure of the Czech government and central state administration was modified several times during this period (Vidlakova, 2006:2) but these alterations did not constitute part of a comprehensive reform measures.
CHAPTER VI
REFORM OF THE CZECH CIVIL SERVICE: INTERNAL
IMPERATIVE OR EXTERNAL PRESSURE?
6.1 Introduction
In line with overall methodological approach we intend in this chapter to study various aspects and stages of the preparation and implementation of civil service reform in the Czech Republic.
For that we will need to trace the development of the Czech state administration after the “velvet revolution” (1989) and formation of independent Czech Republic (1993). We will analyze the history of attempts to launch reform of public administration and central state administration; identify reform dimensions, its dynamics and driving forces; examine its objectives as well as the process of reform implementation and management; and assess the preliminary results of reform if any. Particular attention will be paid to a set of issues relevant to civil service reform as defined in the Protocol for comparative studies of national civil service systems namely:
- who or what initiates reform and why?
- what are the contents of reform and up to date results? - what is the extent of external influence?
Any researcher who undertakes to study recent evolution and changes in the Czech state administration should distinguish between public administration (or administrative) reform and civil service reform (called reform of central state administration in Prague). The meanings of these terms have never been formally specified in such a way as to ensure unified acceptance and identical understanding by the majority of experts, scholars and civil servants. It should be noted that throughout the 1990s public administration reform was regarded by the majority of Czech government officials and experts entirely as reform of territorial self government and regional administration. “During the 1990s the public administration reform both in its conceptual and actual form concerned solely territorial self- government and territorial state administration” (Vidlakova, 2006:2).
Therefore, it is possible to speak about implementation of civil service reform in the Czech Republic in a more commonly perceived meaning only subsequent to 2004 when the Czech government approved basic documents concerning reform of the central state administration.
6.2 Preparation of Civil Service Reform
In spite of numerous declarations the reform of state central administration and central government remained outside the priorities of Czech politicians and legislators for many years after “velvet revolution” (Vidlakova 1999, Onisko 2000, Potucek 2001). It is true that the structure of the Czech government and central state administration was modified several times during this period (Vidlakova, 2006:2) but these alterations did not constitute part of a comprehensive reform measures.
Throughout the 1990s limited and sporadic changes that were taking place in the Czech state administration followed neither a properly developed strategy of civil service reform, nor were effectively managed by a specially designated management team or unit. An introductory note to the Czech government policy document in 2004 underlined that the Czech central state administration “has not been subject to any significant change since 1993” (Further advance, 2004:1).
Furthermore, throughout the 1990s the perception of civil service reform itself in the Czech Republic was confined almost exclusively to the preparation and adoption of the Civil service Act. Several attempts to draft a Civil service Act and get it approved were made over the period 1993-1996.
The first coalition government in the Czech Republic was formed in 1992. The coalition was led by Civil Democratic Party (ODS) and its leader V.Klaus. In its programme declaration the government defined the objective of eliminating old methods and rules in administrative practice and enhancing the professionalism of civil servants as well as efficiency and prestige of their work. Promise was made to prepare expeditiously a draft act on the legal status of state administration employees (civil servants) “defining the requirements imposed on these employees and their duties as well as certain compensating measures assuring stability and independence of their status” (Vonkova, 1996:120).
An important event took place in October 1992 when the Office for Legislation and Public Administration of the Czech Republic (OLPA) was established under the chairmanship of the Vice Prime Minister. From the very beginning this institution was assigned a significant role in drafting civil service related legislation and developing a conceptual vision of the future civil service. Regretfully, this office was disbanded in 1996.
In June 1993 the Minister of Labour and Social Affairs presented to the Government a draft document outlining the principles of Civil service Act which the Government approved in August 1993. The principles were based on the assumption that a career (tenure) civil service would be established in the Czech Republic. Principal drafting responsibility at that time rested with a small team in the Ministry of Labour and Social Affairs and the Office for Legislation and Public Administration (OLPA). Later this document was positively appraised by the respective Committees of the Chamber of Deputies of the Parliament. On the basis of the approved principles the full text of the draft law was elaborated and submitted to the Prime-Minister in July 1994. The draft comprised over 300 articles and “granted important privileges to civil servants” (Onisko, 2000:2). However the process of approval and subsequent revision of the draft became extremely difficult and time consuming. This draft was criticized in particular by the Ministry of Finance which referred to budgetary restrictions. In the end the draft was abandoned in 1995.
The second coalition government, headed also by V.Klaus, promised again to prepare a draft Civil service Act regulating the status of civil servants and ensuring its independence from political and party interference. A working group established within the Ministry of Labour and Social Affairs started its work but as a result of budgetary constraints in 1997 the activities of this group were suspended.
In March 1998, the newly formed government appointed to bridge over the period prior to extraordinary elections in June 1998, committed itself to public administration reform including measures aimed at the re-organisation of the central government. The main priority of the reform programme was the creation of the
Throughout the 1990s limited and sporadic changes that were taking place in the Czech state administration followed neither a properly developed strategy of civil service reform, nor were effectively managed by a specially designated management team or unit. An introductory note to the Czech government policy document in 2004 underlined that the Czech central state administration “has not been subject to any significant change since 1993” (Further advance, 2004:1).
Furthermore, throughout the 1990s the perception of civil service reform itself in the Czech Republic was confined almost exclusively to the preparation and adoption of the Civil service Act. Several attempts to draft a Civil service Act and get it approved were made over the period 1993-1996.
The first coalition government in the Czech Republic was formed in 1992. The coalition was led by Civil Democratic Party (ODS) and its leader V.Klaus. In its programme declaration the government defined the objective of eliminating old methods and rules in administrative practice and enhancing the professionalism of civil servants as well as efficiency and prestige of their work. Promise was made to prepare expeditiously a draft act on the legal status of state administration employees (civil servants) “defining the requirements imposed on these employees and their duties as well as certain compensating measures assuring stability and independence of their status” (Vonkova, 1996:120).
An important event took place in October 1992 when the Office for Legislation and Public Administration of the Czech Republic (OLPA) was established under the chairmanship of the Vice Prime Minister. From the very beginning this institution was assigned a significant role in drafting civil service related legislation and developing a conceptual vision of the future civil service. Regretfully, this office was disbanded in 1996.
In June 1993 the Minister of Labour and Social Affairs presented to the Government a draft document outlining the principles of Civil service Act which the Government approved in August 1993. The principles were based on the assumption that a career (tenure) civil service would be established in the Czech Republic. Principal drafting responsibility at that time rested with a small team in the Ministry of Labour and Social Affairs and the Office for Legislation and Public Administration (OLPA). Later this document was positively appraised by the respective Committees of the Chamber of Deputies of the Parliament. On the basis of the approved principles the full text of the draft law was elaborated and submitted to the Prime-Minister in July 1994. The draft comprised over 300 articles and “granted important privileges to civil servants” (Onisko, 2000:2). However the process of approval and subsequent revision of the draft became extremely difficult and time consuming. This draft was criticized in particular by the Ministry of Finance which referred to budgetary restrictions. In the end the draft was abandoned in 1995.
The second coalition government, headed also by V.Klaus, promised again to prepare a draft Civil service Act regulating the status of civil servants and ensuring its independence from political and party interference. A working group established within the Ministry of Labour and Social Affairs started its work but as a result of budgetary constraints in 1997 the activities of this group were suspended.
In March 1998, the newly formed government appointed to bridge over the period prior to extraordinary elections in June 1998, committed itself to public administration reform including measures aimed at the re-organisation of the central government. The main priority of the reform programme was the creation of the
regional tier of government. In view of the short period of its existence this government failed to get its plans materialized.
In August 1998 the new coalition government headed by the Social Democratic Party (CSSD) declared that reform of the state administration would be one of its five key priorities. In its policy statement the Government set the year 2000 as the deadline for the approval of the Civil service Act. In March 1999 the government approved by its Resolution N 228/1999 the Concept of Public Administration Reform dealing almost entirely with territorial government reform.
In particular the new government announced its intention to:
- submit a number of new bills for implementation of the Constitutional Act on the establishment of a regional tier of government;
- adopt a Civil Service Act in order to depoliticise state administration, enhance its effectiveness and reduce its dependence on short-term political pressures;
- create a system of training of government employees; - expand citizen’s participation in governance;
- reinforce the economic powers of local and regional government.
In parallel, certain technological modernisation of the Czech state administration has been going on since mid 1990s. Government employees were provided with computers and respective training. Computer networks and on-line systems have been developed. In 1996 the Office for the State Information System was established.
However, it appears that various initiatives to “institutionalize” the Czech civil service at that time were effectively put on hold on their way to final approval by the Parliament and Government. For quite a long time the Czech Republic was ranked by the European Commission as an outsider among the Central and Eastern European countries (which made up the first group of those joining European Union) as far as administrative capacity of the state was concerned.
A Czech expert on public administration wrote in 1999: “When the former administrative regions were abolished, no effective structure to replace them was offered. As a result self-government got frozen at the village level. No civil service law was adopted. The state administration was largely politicized. Perhaps paradoxically some parts of government moved to even greater centralization. Procedures became less flexible and at the central level degenerated into mechanical job descriptions. Inefficient deconcentration of the ministries resulted in even more inflated regional bureaucracy so that in spite of Klaus’s market rhetoric, at the end of his five-year term, the number of administrators at top levels had multiplied almost twofold from less than 100,000 to 170,000 (Potucek, 1999:1).
The post-communist transformation in the Czech Republic witnessed periods when “there was no body authorized by the government with overall responsibility for improving, modernizing and reforming public administration” (NTF 1998, Foreword:1).