EXTRAORDINARY The President vetoed the law on civil service! It is also praised by the opposition – Topky.sk

In the case of changes concerning police officers, the President considers the aim of the proposed regulation to be legitimate. However, according to her, it cannot be achieved in violation of legislative rules, through the strengthening of the competencies of political representatives and in ways that are problematic according to the case law of the courts.

The President points out that this regulation weakens the principle of political neutrality and professionalism of the civil service, while changing the principle of stability of the civil service. “Managers who can be removed from management without giving a reason will be tempted to perform the civil service in favor of the current political leadership of the relevant state body, ie not politically neutral. This is especially important in the field of local government, whose apoliticality and professionalism are key, ” said Čututová.

According to her, the wording of the law is in conflict with the recommendations

According to her, the wording of the law is in conflict with the recommendations of several international institutions, such as the Council of the European Union, the European Commission or the OECD. It is also in conflict with Slovakia’s commitments to professionalise the state administration and depoliticise it. The Legislative Council of the Government of the Slovak Republic did not agree with the wording of the law, and the Council for the Civil Service also expressed fundamental disagreement, Čaputová pointed out.

Source: Topky / Vlado Anjel

The President is convinced that the improvement and streamlining of the civil service can be achieved now, through the consistent, systematic and responsible use of existing mechanisms in the Civil Service Act, in particular service evaluation and disciplinary liability.

“These mechanisms, together with properly conducted competitions, form the basic tools for achieving the goal of a depoliticised, professional and independent public service. The introduction of non-systemic arrangements that increase the level of political interference in the civil service will not fulfill this goal.” Čaputová pointed out.

She also vetoed an amendment to the Civil Service Act

At the same time, she vetoed the amendment to the Civil Service Act for members of the Police Force of the Slovak Republic, the Slovak Information Service, the Prison and Judicial Guard Corps of the Slovak Republic and the Railway Police, which was added to the discussed Civil Service Act. He claims that this procedure is in conflict with legislative rules, as one law changes another, unrelated law.

Almost the same legal regulation was already in force between 2010 and 2016, Čaputová points out, saying that it led to many legal disputes at that time. At that time, the courts considered decisions issued on the basis of this provision to be illegal and contrary to the constitutional right to judicial protection.

Source: SITA / Jana Birošová

Čaputová considers the aim of the proposed regulation, namely the introduction of an effective tool that will enable a flexible response to the personnel needs necessary for the professionalisation of police officers, to be legitimate. “However, it cannot be achieved in violation of legislative rules, through the strengthening of political leaders and in a way that is problematic according to the case law of the courts,” she noted.

The amendment to the Civil Service Act was intended to strengthen the powers of the Secretary General of the Service Office in relation to senior staff. At the same time, the powers of the Minister of the Interior in relation to police officers appointed to the position of superior should be strengthened.

Pellegrini appreciates it

The leader of the non-parliamentary Hlas-SD and non-attached MP Peter Pellegrini appreciates the position of the President of the Slovak Republic Zuzana Čaputová, who vetoed the amendment to the Civil Service Act. The spokesperson of the Hlas-SD party, Patrícia Medveď Macíková, informed about it.

The party sees in this “kgling” law fundamental risks in its misuse for purges in the state administration. “I believe that after these reservations, the coalition will find enough common sense to keep the state administration independent and not expel from it the experts that Slovakia will need for reconstruction after this destructive government,” Pellegrini stated.

Source: TASR / Jakub Kotian

We will revise the vetoed amendment to the law

The amendment to the Civil Service Act, vetoed by President Zuzana Čaputová on Monday, will be revised. This was confirmed by the Chairman of the Committee of the National Council (NR) of the Slovak Republic for Defense and Security Juraj Krúpa (OĽANO). When making changes, she wants to satisfy the president so that the amendment is “clean” from her point of view.

“The idea remains, but we must look for a way in which it could be better processed to meet our goal, and at the same time it was clean from a procedural and legal point of view, and the President’s Office agreed. This is my intention.” said Krupa.

Source: Topky / Vlado Anjel

The fact that the president vetoed the law was not a surprise to Krupa. As the law was being drafted, he expected something like this to happen. Krúpa discussed reservations about the amendment with Čaputová. In revising the proposal, the deputy wants to cooperate with the presidential office. He assumes that the position on the amendment will also be resolved at the OĽANO parliamentary group and in the coalition.