In the work is discussed the experience of different countries towards public service management and reforms. How they deal with human resources in their public service system with the comparison of the situation in Georgia. It will also be interesting to find that defective sides, which needs reforms in Georgian public service, along with the perspectives of the country accession in the EU.
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Rational civil service in transitional democracy: Challenges of the georgian civil service in a comparative perspective
1. Teona Babunashvili Tbilisi, 30.12.2013
Guramishvili Ave. 33/3
Tbilisi, Georgia 0141
Rational Civil Service in Transitional Democracy:
Challenges of the Georgian Civil Service in a
Comparative Perspective
Master’s Thesis
Master’s Program „Public Administration‖
Ivane Javakhishvili Tbilisi State University in Co-operation with German University of
Administrative Sciences Speyer
Supervisor: Prof. Irakli Kobakhidze
Program 2011-2013 Module II (Politics and Administrative Body;
Sub-module: Local Self-Government)
2. Teona Babunashvili, Rational Civil Service in Transitional Democracy: Challenges of the Georgian Civil
Service in a Comparative Perspective
2
Table of Contents
I. INTRODUCTION ......................................................................................................................5
II. GENERAL PROVISIONS ........................................................................................................6
Historical Approach ..........................................................................................................................................6
Theoretical Background...................................................................................................................................8
New Public Management................................................................................................................................10
III. PUBLIC SERVICE IN DIFFERENT COUNTRIES.............................................................11
Centralized, Decentralized and Fixed models ............................................................................................11
United States of America.....................................................................................................................................11
Great Britain ..........................................................................................................................................................14
Turkey ....................................................................................................................................................................16
Germany ................................................................................................................................................................17
IV. CIVIL SERVICE SYSTEM IN GEORGIA...........................................................................18
General Overview ............................................................................................................................................18
Human Resource Management.....................................................................................................................20
Career Planning and Promotion ...................................................................................................................20
V. CIVIL SERVICE SYSTEM IN GEORGIAN LOCAL SELF -GOVERNMENT .......................22
VI. CHALLENGES OF THE GEORGIAN CIVIL SERVICE ....................................................27
EU and Georgia................................................................................................................................................27
Civil Service Reform in the Eastern European Accession States of EU ...............................................32
VII. RECOMMENDATIONS WITH REGARD TO THE CHALLENGES ..................................34
Ethics.................................................................................................................................................................38
VIII. CONCLUSION....................................................................................................................40
3. Teona Babunashvili, Rational Civil Service in Transitional Democracy: Challenges of the Georgian Civil
Service in a Comparative Perspective
3
BIBLIOGRAPHY ...........................................................................................................................42
4. Teona Babunashvili, Rational Civil Service in Transitional Democracy: Challenges of the Georgian Civil
Service in a Comparative Perspective
4
List of Acronyms
CIPD - Chartered Institute of Personnel and Development
EC – European Commission
ENP – European Neighborhood Policy
EU - European Union
IOR - Individual Occupation Requirements
OPM - Office of Personnel Management
OSCE - Organization for Security and Co-operation in Europe
PCA - Partnership and Cooperation Agreement
PSG - Professional Skills for Government
SIDA - Swedish International Development Cooperation Agency
USA – United States of America
UNDP – United Nations Development Program
UN – United Nations
5. “Administrative questions are not political questions.
Although politics sets the tasks for administration, it
should not be suffered to manipulate its offices.”
— Woodrow Wilson1
I. Introduction
Public Administration is considered to be one
of the sub-fields of political sciences. It is
without doubt, that because of this feedback
there are many argues and misunderstandings
whether politics and public service should be
interconnected or the last one should be free
from political realm. There are different
contradictory ideas dealing this question, but
once and for all, the modern experience and
reality shows that public service is something
that should be free from any political pressure,
as it has more in common with good
management and business administration than
with political ambitions, which are dealing with
mostly only self-satisfaction. The contemporary
methods of approach shows that public
administration is becoming more rational,
service oriented and should stream for gaining
maximum effects with minimum expanses that
make even the sciences of public
administration get some core principles from
business administration.
But anyway, the government may be central,
local, or European, or even the essential
necessities may vary from one country to
another and all this can change over time, but
all the above mentioned variations will not
change the core, that is considered to be the
essence of a public service.2
1
Woodrow Wilson: The study of Administration, Political
Science Quarterly, July 1887,to be found on
https://thf_media.s3.amazonaws.com/2011/pdf/FP_PS18.pdf
, researched on 26
th
of November 2013, at 14:00h;
2
Hellmut Wollmann and Gerard Marcou, ed.: Provisions
of Public Services in Europe: Between State, Local
6. Teona Babunashvili, Rational Civil Service in
Transitional Democracy: Challenges of the Georgian
Civil Service in a Comparative Perspective
6
The main source of the public sector is people
who work in the governmental organizations
and provide services of the state institutions.
So, the main issue while dealing the above
mentioned phenomena deals with rationally
chosen and practically administered human
resources, which is not as easy task as it
seems at a one glance. This needs good
financial aid, strong professional background to
plan the right strategy of the reform in the
public sector, to choose right people for this or
that position, care about their professional
development here and there with the help of
trainings, different exchange programs and etc.
Human resource management is something for
which private, profit-oriented organizations
care the most. It is the source of productive
work that is beneficial not only for the short but
for the long perspective also.
In this work, will be discussed the experience
of different countries towards public service
management and reforms. How they deal with
human resources in their public service system
with the comparison of the situation in Georgia.
It will also be interesting to find that defective
sides, which needs reforms in Georgian public
service, along with the perspectives of the
country accession in the EU.
II. General Provisions
Historical Approach
Public administration has ancient origins. In
antiquity the Egyptians and Greeks organized
public affairs by office and the officeholders
were regarded as being responsible for
administering justice, maintaining law and
providing plenty. The Romans developed a
more sophisticated system under their empire,
creating distinct administrative hierarchies for
Government and Market, Cheltenham, Northampton:
2010, p. 3;
7. Teona Babunashvili, Rational Civil Service in
Transitional Democracy: Challenges of the Georgian
Civil Service in a Comparative Perspective
7
justice, military, finance, taxation, foreign
affairs and internal affairs. A carefully designed
administrative structure covered the entire
empire, with a hierarchy of officers reporting
back through their superiors to the emperor.
This structure disappeared after the fall of the
Roman Empire in Western Europe in the 5th
century, but many of its practices continued in
the Byzantine Empire in the east.
Early European administrative structures
developed from the royal households of
the medieval period. Until the end of the 12th
century official duties within the royal
households were ill-defined, with multiple
holders of the same post. 3
It is worth mentioning that public management
as a terminology seems to be an American
product, but public administration may have as
long history as does human beings. In ancient
Northeast Asia, Confucianism, provided
guidelines for managing a state as well as
suggested ways for effective administration
during 700-200 B.C.4
In the Confucian world
view, the state was not thought of as a piece of
political machinery for enforcing the law, but
as a mean to encourage, spread and cultivate
civilized behavior.5
3
Encyclopedia Britannica: Public Administration History, to be
found on
http://www.britannica.com/EBchecked/topic/482290/public-
administration/36927/History, researched on 27
th
of
November 2013, at 12:00h;
4
International University of Japan: Class Note: Woodrow
Wilson’s “The Study of Administration” (1887), 2011, to be
found on
http://www.iuj.ac.jp/faculty/kucc625/management/pm/note
_wilson.pdf, researched on 27
th
of November 2013, at
15:00h;
5
Peter Myers: Chinese Civilization, September 19, 2004, to be
found on http://mailstar.net/chinese-civilization.html,
researched on 27
th
of November 2013, at 15:30h;
8. Teona Babunashvili, Rational Civil Service in
Transitional Democracy: Challenges of the Georgian
Civil Service in a Comparative Perspective
8
Theoretical Background
It is without doubt that the study of any field
and the clear understanding of any issue and
concept, for the beginning, require more or less
clearly set definitions. In social sciences we are
not used to having clearly defined and
dogmatic terms. So, each term can one
express and imagine subjectively. Despite this
fact, there can be some common
characteristics, which this or that term has and
should be concerned when using them. The
key terms, used in this work will be developed
here, the ongoing work to be more
understandable.
Public Administration - as Miriam Webster
dictionary defines - it is a branch of political
science dealing primarily with the structure and
workings of agencies charged with the
administration of governmental functions. 6
―Public administration entails civil servants
implementing a specified policy within the
confines of a government executive framework.
Public administrators ensure that every facet of
federal, state, and local public services are
offered and executed to help pave the way for
the future.‖ 7
Politics - activities that relate to influencing
the actions and policies of a government or
getting and keeping power in a government;
6
Merriam-Webster Dictionary: Public Administration, to be
found on http://www.merriam-
webster.com/dictionary/public%20administration,
researched on 27
th
of November 2013, at 13:00h;
7
PublicAdministration.net: What Is Public Administration, to
be found on
http://www.publicadministration.net/resources/what-is-
public-administration/, researched on 27
th
of November
2013, at 14:00h;
9. Teona Babunashvili, Rational Civil Service in
Transitional Democracy: Challenges of the Georgian
Civil Service in a Comparative Perspective
9
the work or job of people who are part of a
government. 8
Public Policy – refers to the decisions made
by government. In many respects, it is public
administration’s reason for being.
Administrative structures are directed by
governmental leaders, that is, elected officials
or politicians who set policy. Public
administration is a tool by which policy is
implemented. 9
Public Sector - The composition of the public
sector varies by country, but in most countries
the public sector includes such services as the
police, military, public roads, public transit,
primary education and healthcare for the poor.
The public sector might provide services that
non-payer cannot be excluded from (such as
street lighting), services which benefit all of
society rather than just the individual who uses
services that encourage equal opportunity.10
Public Servant - a government official or
employee. 11
Public Service – can be referred as an
employment within a government system
especially in the civil service.12
8
Merriam Webster Dictionary: Politics, to be found on
http://www.merriam-webster.com/dictionary/politics,
researched on 27
th
of November 2013, at 15:00h;
9
Michael C. Lemay, (2002) Public Administration: Clashing
Values in the Administration of Public Policy, California State
university, San Bernardino, p. 9;
10
Investor Words: Public Sector, to be found on
http://www.investorwords.com/3947/public_sector.html,
researched on 30
th
of November 2013, 12:30h;
11
Merriam Webster Dictionary: Public Servant, to be found
on http://www.merriam-
webster.com/dictionary/public%20servant, researched on
30
th
of November 2013, 13:00h;
10. Teona Babunashvili, Rational Civil Service in
Transitional Democracy: Challenges of the Georgian
Civil Service in a Comparative Perspective
10
New Public Management
While reviewing the system of public service, in
general, it is almost inconceivable not to deal
with New Public Management. It is considered
as one of the indivisible parts of the
contemporary democratic realm. The term was
appeared in the end of 1980s and paid much
attention to effective management and service
orientation that made this doctrine linked to
economic rationalism. The main sense was to
improve public service quality and efficiency
that meant New Public Management doctrines
tended to be opposed to ideas of management
without managers, judicial doctrines of rule-
bound administration and doctrines of self-
government by public service professionals.
The above mentioned term, about which was
written quite much, including couple of critiques
and different contradictory ideas, plays more
attention to how to satisfy citizen demands and
to service delivery through organizations other
than traditional bureaucracies. But no matter
how much critical idea was expressed towards
the doctrine of New Public Management it is
considered as one of the rational ways of
administering public affairs.13
New public management is something that
provides more rational and practical
appearance of civil service. It’s mutually
beneficial for both the public institutions and
their public servants as well as for citizens who
get service from them.
With all the above mentioned in mind it’s
extremely important to use these approaches
12
The Free Dictionary by Farlex: Public Service, to be found on
http://www.thefreedictionary.com/public+service,
researched on 30
th
of November 2013, at 13:15h;
13
Neil J. Smelser and Paul B. Baltes: International Encyclopedia
of the Social & Behavioral Sciences, Cambridge University Press,
UK 2001, pp. 12553-12555, to be found on
http://www.christopherhood.net/pdfs/npm_encyclopedia_e
ntry.pdf, researched on 9
th
of December 2013 at 12.00h;
11. Teona Babunashvili, Rational Civil Service in
Transitional Democracy: Challenges of the Georgian
Civil Service in a Comparative Perspective
11
which new public management includes for
increasing the level of democracy and rule of
law in the public administration of this or that
country.
Therefore, it will be interesting to look through
the systems of public service in some of the
different developed countries and analyze the
ways how they manage to administer human
resources in the frames of public institutions.
III. Public Service in Different
Countries
Centralized, Decentralized and Fixed
models
In different countries, it goes without saying,
that the management of human resources in
public sector is implemented in different ways.
In some states there are specific centralized
institutions that provide the human resource
management of every governmental
organization. In other countries such practices
are totally decentralized and each public
institution manages it personnel management
itself. But, mostly, there are mixed practices
when there is one centralized organization in
country which provides general principles of
public service and then each government entity
decides independently the appropriate
activities like selection, estimation, etc.
United States of America
In the USA there is human resource
management central office – Office of
Personnel Management (OPM). For the federal
government it is central organization of
personnel planning in each federal unit. The
concrete functions of the above mentioned
office are:
- Make searching and applying for Federal
jobs easier and faster;
12. Teona Babunashvili, Rational Civil Service in
Transitional Democracy: Challenges of the Georgian
Civil Service in a Comparative Perspective
12
- Provide Federal employees benefits that
are relevant, flexible, fair, and rewarding;
- Make Federal employment accessible —
and possible — for every American who
seeks it; and
- Retain a Federal workforce as diverse and
versatile as the work it does and the people
it serves.
Office of Personnel Management supervises
human resource management department
politics in every federal office – from
classification and qualification systems of
public officials to performance management of
reimbursement, leave and benefits. Along with
making those policies, this office is responsible
for ensuring they are properly implemented
and correctly carried out.
The above mentioned office had concrete
responsibilities towards defining different
aspects of personnel management, but the
management itself is in the hands of each
department which they provide independently.
For example:
- OPM determines and monitors system of
reimbursement, but the budgetary issues
and distribution of bonuses are concrete
department responsibilities;
- OPM determines and monitors systems of
position classification, but recruiting,
duration of contracts, career management
and retire management is decided in the
concrete department level;
- OPM determines and monitors code of
administrative behavior and equal
opportunities for all, but assessment system
of the work and working environment
correction systems are provided by
departments.
Selection procedures of public servants in the
USA are neither career oriented nor position
13. Teona Babunashvili, Rational Civil Service in
Transitional Democracy: Challenges of the Georgian
Civil Service in a Comparative Perspective
13
oriented. The procedures to start work in the
public institution consist of filling in application
forms and interviews. The most of the positions
are open to any external applicant. There are a
very little number of positions where the
selection process is held with the help of
centralized examinations.
It is worth mentioning that for the high-ranked
officials HR management practice is a bit
different. This type of officials is considered to
be a separated group. For their positions there
are specific centralized skills and their
selection procedures are more centralized.
Mostly they get performance-based
compensation and benefits. Also, more
attention is paid to their career, assessment of
their work and potential conflict of interests.
Office of Personnel Management, based on the
professional requirements, created standards
of classification, which define minimum
qualification requirements (e.g. education,
experience, age, health condition) for each
professional series. These standards are very
general and they are not provided for the
concrete positions. Based on these general
provisions, it is in each department’s duty to
create specific requirements for each position.
There are qualification standards for groups
and individual standards for the separate
groups. Standards for groups include following
positions:
- Professional and scientific positions;
- Administrative and managerial positions;
- Technical and medical service positions;
- HR and records management positions;
- Student internships and practice programs.
In each group, there are different levels of
position. According to these levels there is
specific educational and working experience
14. Teona Babunashvili, Rational Civil Service in
Transitional Democracy: Challenges of the Georgian
Civil Service in a Comparative Perspective
14
duration. Also, for each position of each group
there are individual occupation requirements
(called as IOR). Apart from this, there are
specific guidelines for different working
positions. 14
Great Britain
In Great Britain public service is a centralized
system. They have office of Government HR
Operations. The main role of this organization
is to maintain strategic coordination between
different government institutions. The main
concrete aspects of human resource
management is a responsibility of each
ministry, e.g. system of salary contribution,
selection and retirement procedures, working
condition correction and assessment of the
work. As for the main responsibilities of the
central office, it is very broad and includes
general HR management strategy
development and control.
One of the main issues is that with the help of
Chartered Institute of Personnel and
Development (CIPD) was developed ―HR
Capability Framework‖ in public service. This
framework:
- Determines the main professional
standards for the human resource
management of the public service;
- Defines the framework of the competences
based on ―The Professional Skills for
Government (PSG)‖;
14
Georgian Civil Service Bureau: ადამიანური რესურსების
მართვის პრაქტიკის მიმოხილვა საჯარო სექტორებში:
ამერიკის შეერთებული შტატები, გაერთიანებული
სამეფო, თურქეთი, გერმანია და საქართველო (Overview
of Human Resource Management Practice in Civil Service: The
United States of America, United Kingdom, Turkey, Germany
and Georgia), June 2013, pp. 2-5, to be found on
http://csb.gov.ge/uploads/civil-service-HR-practice-
overview.pdf, researched on 1st of December 2013 at 11.00h;
15. Teona Babunashvili, Rational Civil Service in
Transitional Democracy: Challenges of the Georgian
Civil Service in a Comparative Perspective
15
- Determines four levels of professional
standards – from the initial stage to the
high-level public servant position; each
level includes activities, education, aspects
of behavior and results; the above
mentioned information is used for the
description of the concrete position
competences.
In Great Britain, selection in public sector is
organized upon clearly position-based system.
To start work in the public service is carried out
by an open competition and is subject to audit
to estimate how the quality of the selection
process fits defined rules. It is worth
mentioning that each vacancy is considered
from the point of view of minimum cost and
because of it some of the free positions may be
filled from the internal organizational sources.
High-level public servants, in Great Britain
also, are considered as a separate group,
towards which are used different practices of
HR management. In addition, great attention is
paid also to career management,
reimbursement and bonus systems.
As there is mentioned before, there is ―The
Professional Skills for Government (PSG)‖,
which provides structured job descriptions for
any position in the public service and defines
general skills that are important for working in
public sector. As for the ―HR Capability
Framework‖, it consists of four main aspects:
- Leadership abilities of public servants;
- Main skills, that are important for all public
servant;
- Professional skills that are important for the
concrete job;
- Broad experience, which is important for
high-level public professionals.
16. Teona Babunashvili, Rational Civil Service in
Transitional Democracy: Challenges of the Georgian
Civil Service in a Comparative Perspective
16
Each position is described according to the
above mentioned aspects, which are base on
the concrete job description. Standards are
made with the help of employers, employed
people and professional experts and are used
within the entire government structure.15
Turkey
The central office of human resource
management in Turkey is – ―State Personnel
Presidency‖. The functions are to define state
policy of the HR management. Responsibilities
include:
- Implement human resource management at
the central/national level;
- Provide the management of this process
and create core principles;
- Develop HR management strategy design;
- Implement HR management policy
coordination and supervision;
- Provide recommendations for the
improvement of the legislative framework;
- Develop reimbursement system design;
- Implement standards for selection process;
- Provide appropriate trainings.
Main issues dealing with human resource
management in public service are defined at
the central level. E.g. system of
reimbursement, budget allocation, bonus
distribution, job classification, job dismissal
restructuration, assessment of the work and
code of conduct - are totally centralized.
Selection process and working conditions are
provided at the central level, but concrete
ministries have right to interfere. As for the
contract duration, career management,
retirement and working condition correction,
these are competences of each ministry.
15
Georgian Civil Service Bureau (Footnote 14), pp. 6-7;
17. Teona Babunashvili, Rational Civil Service in
Transitional Democracy: Challenges of the Georgian
Civil Service in a Comparative Perspective
17
To be more concrete, selection process in
Turkey is more career-oriented. To start work
in public sector, applicants pass exams
corresponding to a position.
As for the high-ranking public officials, toward
them the practice of HR management is
different. They are considered as a separate
group and the requirements for such positions
are decided at a central level. But there is no
concrete local policy which can identify
potential high-ranking public officials in their
early stage of career. 16
Germany
There is no central office of human resource
management in Germany. Because of it, in
public entities HR management is provided by
the individual departments, but it is worth
mentioning that certain aspects of personnel
management are centralized. E.g.:
- Procurement system and budget, bonus
system, position classification, contract
duration, career management, code of
ethics and retirement – are defined at a
central level;
- Selection of the personnel, position
distribution, work assessment and the
correction of the working conditions – are
the responsibilities of an individual
ministry/department.
Selection process in Germany is more career
oriented. Entry into public service is based on a
competition exam, which is provided by the
individual government agencies.
In a case of Germany, high-ranked public
officials are not considered as separate group,
because of it there is no concrete strategy for
16
Georgian Civil Service Bureau (Footnote 14), p. 8;
18. Teona Babunashvili, Rational Civil Service in
Transitional Democracy: Challenges of the Georgian
Civil Service in a Comparative Perspective
18
this type of positions. They are selected
through the usual competition process. For the
high-ranked officials, centrally defined skills are
provided for some concrete departments. In
this case, in the process of work assessment
attention is paid to the conflict of interests. 17
As it was mentioned before systems differ and
due to the specifics of the different countries
the policies dealing with civil service also differ.
Because of it, approaches that work well in one
country may be unsuccessful for other. Despite
all this, all of them have some common
specifications, that are, transparency of all
procedures dealing with public servants, the
exclusion of discrimination, thus great demand
for the qualified personnel that is derived from
the respect of the rule of law and democratic
principles.
As it has already been discussed the
experiences of various countries towards civil
service, to compare them with the situation in
Georgia and to see vividly the shadow sides of
the system, it goes without saying that it’s
necessary to look through the civil service
system in the country too.
IV. Civil Service System in
Georgia
General Overview
The main principles of civil service system in
the history of independent Georgia were
defined under the June 29, 1995 law on ―Civil
service of Republic of Georgia‖. These
principles covered supremacy of law,
protection of human rights and freedoms, equal
access to the right of being involved in civil
service for citizens of Georgia in accordance to
their capabilities and professional
preparedness, principles of hierarchy, publicity,
17
Georgian Civil Service Bureau (Footnote 14), p. 10;
19. Teona Babunashvili, Rational Civil Service in
Transitional Democracy: Challenges of the Georgian
Civil Service in a Comparative Perspective
19
objectivity and equality, professionalism and
competence, economic, social and legal
security of civil service. Through these
principles, the law of Georgia on ―Civil service
of the Republic of Georgia‖ sought to regulate
the concept, status of civil servants, their rights
and responsibilities, rules and conditions for
encouragement or imposition of disciplinary
actions. Despite this fact the law practically
was not put into practice and only after
adoption of the Georgian Constitution in 1995
was launched the new system of civil service in
Georgia. Reforms began with the adoption of
new law of Georgia on ―Civil Service‖ on 31st
of
October 1997.18
According to the above mentioned law: ―Civil
service (hereinafter – service) is defined as
employment in state and local self-government
fiscal (budgetary) agencies – public
government bodies.‖ 19
Therefore, civil service
in Georgia is divided into two categories: state
service and service in local self-government.
Positions of first type can occupy a citizen of
Georgia, from the age of 21, who speaks
Georgian language and has relevant
knowledge and experience. In contrast to this
case, service in local self-government requires
the age of 18 and at least secondary education
in accordance with State language proficiency
of course.
18
ადგილობრივი თვითმმართველობის საჯარო
მოსამსახურეთა სწავლების სახელმწიფო კონცეფცია:
დანართის პროექტი (Training and Development
Framework In Support of Local Self-Governments: Draft
Annex), SIDA & UNDP 2010, p.5;
19
საქართელოს კანონი „საჯარო სამსახურის შესახებ“
(Law of Georgia on “Civil Service”), art.1, par. 1, to be found
on
https://matsne.gov.ge/index.php?option=com_ldmssearch&v
iew=docView&id=28312&lang=ge, researched on 1
st
of
December 2013 at 10:00h;
20. Teona Babunashvili, Rational Civil Service in
Transitional Democracy: Challenges of the Georgian
Civil Service in a Comparative Perspective
20
Human Resource Management
In Georgia HR management in civil service is
basically decentralized. Each government
agency provides recruitment and any other
process, which deals with human resources
independently. The only thing that is
centralized is job announcement rules in public
service that is supervised by the ―Civil Service
Bureau‖.
According to the law of Georgia on ―Civil
service‖, a civil servant in Georgia enters into
the service either through appointment or on a
competitive basis. Appointment applies only for
the high- ranked public officials.
In the case of competition, each government
agency with the help of the Civil Service
Bureau administrative web-page announces
open vacancies. There is specific format, how
to make the above mentioned announcement.
Applicants can apply only electronically. After
the contest deadline, each department carries
selection process individually.
As for the qualification requirements, this is
also up to individual department to define it for
each position. There is no general framework
or standard which skills are important for an
individual to apply for a job in Public Service. 20
Career Planning and Promotion
Unlike many developed countries where the
issue of career planning of civil servants plays
key role in the Public Service reform and
specific agencies are working towards this
20
Georgian Civil Service Bureau, ადამიანური რესურსების
მართვის პრაქტიკის მიმოხილვა საჯარო სექტორებში:
ამერიკის შეერთებული შტატები, გაერთიანებული
სამეფო, თურქეთი, გერმანია და საქართველო (Overview
of Human Resource Management Practice in Civil Service: The
United States of America, United Kingdom, Turkey, Germany
and Georgia), June 2013, p. 10, to be found on
http://csb.gov.ge/uploads/civil-service-HR-practice-
overview.pdf, researched on 1
st
of December 2013 at 11.00h;
21. Teona Babunashvili, Rational Civil Service in
Transitional Democracy: Challenges of the Georgian
Civil Service in a Comparative Perspective
21
issue, in Georgia the case of career planning is
only an issue of private sector. This is mostly,
because of the fact that Public sector is service
oriented, but has not realized yet that the
quality of service depends on the people who
provide it and thus career planning of these
civil servants are crucial for the work they do.
In the law of Georgia on ―Civil Service‖
indicates only one opportunity for career
growth. To be more concrete, the article 77
mentions, that civil servant may be promoted to
a higher position if he/she has served a
minimum of a year in the previous position. A
written consent of the civil servant is necessary
for the promotion.21
Also, article 76 mentions
that the right of the promotion is in the hands of
public official or government agency itself. 22
As a matter of fact, promotion in civil service
has not been correctly applied in practice and
actually it depends on the good will of the head
of the agency, rather than on knowledge, skills
and capacities of the civil servants.
It’s true that civil service system in Georgia is
united and the problems remaining are also
quite similar, but a separate review of the
remaining situation in the level of local self-
government won’t be devoid of interest.
21
საქართელოს კანონი „საჯარო სამსახურის შესახებ“
(Law of Georgia on “Civil Service”), art. 77, to be found on
https://matsne.gov.ge/index.php?option=com_ldmssearch&v
iew=docView&id=28312&lang=ge, researched on 1
st
of
December 2013 at 10:00h;
22
საქართელოს კანონი „საჯარო სამსახურის შესახებ“
(Law of Georgia on “Civil Service”), art. 78, to be found on
https://matsne.gov.ge/index.php?option=com_ldmssearch&v
iew=docView&id=28312&lang=ge, researched on 1
st
of
December 2013 at 10:00h;
22. Teona Babunashvili, Rational Civil Service in
Transitional Democracy: Challenges of the Georgian
Civil Service in a Comparative Perspective
22
V. Civil Service System in
Georgian Local Self -
Government
Generally, as it is mentioned in the book ―Good
Local Autonomy & Governance‖, local self-
government is considered to be an expression
of civic freedom and decentralized public
administration by citizens. 23
As the European Charter of Local Self-
Government states ―Local self-government
denotes the right and the ability of local
authorities, within the limits of the law, to
regulate and manage a substantial share of
public affairs under their own responsibility and
in the interests of the local population.‖24
As for
the Organic Law of Georgia on Local Self-
Government, it says that: ―Local Self-
Governance – the right and opportunity of the
citizens of Georgia to arrange and govern
through the bodies of the local self-
governments according to the Georgian
legislation the public affairs of local importance
on their own responsibilities and in the
interests of the local population.‖25
As it was mentioned before Georgian Civil
Service along with state service includes
23
Eung Kyuk Park, Walter Klitz, ed.: Good Local Autonomy &
Governance, Center for Local Autonomy, Friedrich Naumann
Foundation, Republic of Korea 2007, p. 15;
24
Council of Europe: European Charter of Local Self –
Government, Council of Europe Publishing, March 2010, to be
found on
http://www.coe.int/t/congress/sessions/18/Source/CharteEu
ropeenne_en.pdf, researched on 9
th
of December 2013 at
14:00h;
25
საქართველოს ორგანული კანონი „ადგილობრივი
თვითმმართველობის შესახებ” (The Organic Law of
Georgia on Local Self-Government), December 16
TH
2005,
Tbilisi, to be found on
https://matsne.gov.ge/index.php?option=com_ldmssearch&v
iew=docView&id=27802&lang=ge, researched on 9
th
of
December 2013 at 14:20h;
23. Teona Babunashvili, Rational Civil Service in
Transitional Democracy: Challenges of the Georgian
Civil Service in a Comparative Perspective
23
service in local self-government. General
system is the same, but there are some
differences between these two types of civil
service.
In the draft annex research to the Training and
Development Framework, prepared and
published in the framework of the UNDP
project – Support to the Local Government
Reform in Georgia, which was implemented
with financial support from the Swedish
International Development Cooperation
Agency (SIDA) with the partnership of the
Ministry of Regional Development and
Infrastructure of Georgia, is said that human
resource management problems are the same
for every municipality. Realizing the HR
management system first of all the gravest
problem was considered to be the unethical
practice of nepotism and personal bias. Issues
of training-retraining, acceptance at work,
career development, and assessment of
individual’s professional activities are not
based on objective criteria, but on personal
goodwill of political leadership. It goes without
saying, that this kind of practice deals with
various problems among which are: under-
qualification of civil servants, complete
dependency of civil servants on political
leadership, insufficient motivation of qualified
personnel to work in the public sector in local
self-government, etc.
There are no operative normative acts in self-
governments providing a detailed overview on
the procedures of appointment, promotion and
dismissal of a person in civil service. Dismissal
grounds of specific civil servants are neither
rooted to disciplinary violation nor the quality of
performed work, but rather consequential
following a change in leadership/high-ranked
official, in the event of which his/her staff is
automatically replaced as well. The
appointment of new official automatically
causes the obligation for old staff members to
24. Teona Babunashvili, Rational Civil Service in
Transitional Democracy: Challenges of the Georgian
Civil Service in a Comparative Perspective
24
write a note about their dismissal. There are no
specific criteria written in the statutes about the
promotion of civil servants. As usual in the
event of vacancy lower rank civil servants are
automatically promoted the higher rank vacant
position. 26
It is true that according to the
general practice, that leads to high
effectiveness, less expenses and time-saving,
filling internal vacant positions for the
organization is better with internal resources,
but this way is justified only when the internal
resource is worth for the higher position
according to his/her achievements. So, the
problem lies exactly in the fact that the
promotion is not connected with personal
abilities and is directly connected with the
personal attitudes.
It is worth mentioning that there is no officially
written documentation dealing with
mechanisms for raising motivation. High
ranking officials mention that the main
motivation for the civil servants is the salary
scales they get. But actually this labor
compensation is much lower for servants in
local self-government than for state servants.
Of course it has its objective reasons, such as
relatively low-skilled public officials and all
these disadvantages are interconnected.
In particular, high turnover rate of qualified
personnel in the self-government is caused by
inadequate motivation of civil servants. The
components that play a major role in
insufficient encouragement of civil servants
are: partly salaries, absence of career growth
opportunities, low degree of independence.
Civil servants are unaware of what is expected
from them, in what manner their performance
26
ადგილობრივი თვითმმართველობის საჯარო
მოსამსახურეთა სწავლების სახელმწიფო კონცეფცია:
დანართის პროექტი (Training and Development
Framework In Support of Local Self-Governments: Draft
Annex), SIDA & UNDP 2010, p.50;
25. Teona Babunashvili, Rational Civil Service in
Transitional Democracy: Challenges of the Georgian
Civil Service in a Comparative Perspective
25
will evaluate and the kind of result it will bear
on their career growth. 27
There are no unified or individual development
plans in local self-government level (it is also a
problem in the central level too). There was no
precedent that high-ranked officials being
involved in the process of researching training
needs of their civil servants. One can not find
anyone in any municipality who is responsible
for the training arrangement. Therefore, there
is no data in local self-governments where can
you find any information about held trainings
and people who took part in it.
There is no written performance appraisal
system for civil servants in Georgian Local self-
governments. An assessment is made mostly
orally in this or that meeting. 28
As in the ―Draft Annex of Training and
Development Framework in Support of Local
Self-Governments‖ is written, according to the
ongoing situation in local self-governments of
Georgia, following conclusions can be made:
1. Human resource management is regulated
based on personal and informal relationships.
2. The civil servants act using the principles:
- ―there is no necessity to do more than what
is defined by Law‖;
- ―we do not have to become prominent from
other municipalities‖;
- ―if some initiatives are being carried out in
e.g. Tbilisi City Hall (as Tbilisi is the capital
27
ადგილობრივი თვითმმართველობის საჯარო
მოსამსახურეთა სწავლების სახელმწიფო კონცეფცია:
დანართის პროექტი (Training and Development
Framework In Support of Local Self-Governments: Draft
Annex), SIDA & UNDP 2010, p.51;
28
ადგილობრივი თვითმმართველობის საჯარო
მოსამსახურეთა სწავლების სახელმწიფო კონცეფცია:
დანართის პროექტი (Training and Development
Framework In Support of Local Self-Governments: Draft
Annex), SIDA & UNDP 2010, p.52;
26. Teona Babunashvili, Rational Civil Service in
Transitional Democracy: Challenges of the Georgian
Civil Service in a Comparative Perspective
26
of Georgia), only then it is possible for us to
evaluate and execute the same initiatives‖.
3. The high ranking public officials of the self-
government assume that the system of human
resource management can altered if:
- Respective changes are introduced in the
legislation;
- Ministry of Regional Development and
Infrastructure of Georgia supports self-
government in carrying out reforms;
- Civil servants are re-trained.
4. Gamgebeli and the Head of Sakrebulo are ill
acquainted with the system of human resource
management and cannot fully realize its
benefits, as well as its significance in improving
the effectiveness of service.
5. Low degree of autonomy in the self-
governments does not allow creating grounds
for motivation of its staff and disables it from
replacing the existing informal practices in
human resource management with established
norms.
6. Local self-government’s civil servants are
willing to serve their supervisors rather than
serving the system.
7. Even the human resource management
regulations defined by the statute are not
followed.29
According to the above mentioned conclusions,
in the same Annex is established the four main
guidelines, which are important for the new
local self-government personnel policy:
- Formation of effective system for
qualification enhancement and training;
- Objective criteria based personnel selection
and appointment;
29
ადგილობრივი თვითმმართველობის საჯარო
მოსამსახურეთა სწავლების სახელმწიფო კონცეფცია:
დანართის პროექტი (Training and Development
Framework In Support of Local Self-Governments: Draft
Annex), SIDA & UNDP 2010, p.52;
27. Teona Babunashvili, Rational Civil Service in
Transitional Democracy: Challenges of the Georgian
Civil Service in a Comparative Perspective
27
- Creation of impartial and objective
evaluation system of civil servants’
activities;
- Creation of information bank containing
information on human resource services
and system of accounting, maintaining and
utilizing information on civil servants.
As one can easily see there are couple of
problems which need to be corrected and with
all the problems above, there are some
challenges also, which Georgian civil service
faces and are important to be taken into
consideration.
VI. Challenges of the Georgian
Civil Service
Despite all the above mentioned defects which
Georgian civil service has and needs to be
improved, the country also faces couple of
challenges which is linked to the Euro-Atlantic
approachment and unification.
It should be mentioned that on 28th
of
November 2013 Georgia initialized Association
Agreement with EU. So, this pre condition of
Ratification process lays out some very
important tasks for the county that includes
reforms in the public service and administration
too.
EU and Georgia
EU-Georgian relationship has far long history.
During this period the Country tries to suit EU
standards and requirements, but there are far
too much left to learn, to develop and to
perform Georgia as a country which is worth
including in the European cycle. Despite the
fact that the will to integrate is great, the
problems against which the country stands
seem an insuperable obstacle.
28. Teona Babunashvili, Rational Civil Service in
Transitional Democracy: Challenges of the Georgian
Civil Service in a Comparative Perspective
28
The main question stands that whether only
certain goodwill is enough and what are the
main problems which Georgia faces towards
the integration in to the European Union?
The legacy of the Soviet Union is one of the
main obstacles to approach the EU standards.
It is not new that the most problematic issues
during EU accession and pre-accession
periods had post Soviet countries, but for
Georgia it became even more complicated with
the lack of administrative sources in every
branch of independent ruling, with the values
that were extremely hard to abandon, with the
new norms which were considered
devastating. The fact that everything new is
thought to be dangerous made it even harder
for Georgia to develop as European way of
living needs.
The legal basis for the EU-Georgian
relationships is the Partnership and
Cooperation Agreement, which was concluded
in 1996 and entered into force in 1999 for an
initial period of ten years and it is now
automatically extending on a yearly basis. The
PCA provides for wide-ranging cooperation in
the areas of political dialogue, trade,
investment, economic, legislative and cultural
cooperation. 30
In 2003-2004 the EC proposed a new foreign
policy for the EU - the ―European
Neighborhood Policy‖ (ENP) - with the
objective of avoiding the emergence of new
dividing lines between the enlarged EU and its
neighbors and instead strengthening the
prosperity, stability and security of all
concerned. The inclusion of Georgia in
the European Neighborhood Policy (ENP) on
14 June 2004 marked a significant step
30
Delegation of the European Union to Georgia: ანგარიში
ევროკავშირსა და საქართველოს შორის
თანამშრომლობის შესახებ (Report on cooperation
between the EU and Georgia), Georgia, 2007, p. 13;
29. Teona Babunashvili, Rational Civil Service in
Transitional Democracy: Challenges of the Georgian
Civil Service in a Comparative Perspective
29
forward in EU – Georgian relations. The EU –
Georgia ENP Action Plan was adopted on 14
November 2006. The Action Plan is a political
document laying out the strategic objectives of
the cooperation between Georgia and the EU.
It covered a timeframe of five years. Its
implementation was considered to help fulfill
the provisions of the PCA, build ties in new
areas of cooperation and encourage and
support Georgia’s objective of further
integration into European economic and social
structures.
Apart from this, the enlargement of EU in 1st
May of 2004 deepened political and economic
interconnection between Georgia and EU. EU
enlargement made it possible for Georgia to
have not only a cooperation but also
economical integration and deep political
relationship with the organization.
Action plan was considered to be the first step
towards bringing together Georgian and EU
legal norms and standards, to make a basis for
the economic integration.
The priorities, which were set up in the Action
Plan were:
1. Supremacy of the law with the help of
Judicial and state institution reforms.
Improvement of the democratic
institutions which had to protect Human
Rights and fundamental freedoms
(Partnership and Cooperation
Agreement, UN, OSCE).
2. Concrete actions included reforms in the
Judicial System in accordance with
European standards. These reforms
needed strict power division,
independent and impartial Court,
prosecutor, police and law enforcement
agencies impartiality.
3. Investment and Business environment
development with the help of
30. Teona Babunashvili, Rational Civil Service in
Transitional Democracy: Challenges of the Georgian
Civil Service in a Comparative Perspective
30
transparent privatization process and
fight against corruption.
4. Promotion of the Economic
Development, reducing poverty and
developing social equity. Developing
Sustainable development also is the
case which includes environment
protection, economical legislation and
administrative rule improvement.
5. Deepening cooperation in the fields of
justice, freedom and security, which
included border security issues.
6. Strengthening regional cooperation.
7. Resolving internal conflicts.
8. Cooperation in the foreign and security
policies.
9. Transport and energy.31
With the help of several reforms held and in the
light of all the above mentioned Georgia had
some achievements which was proved with the
statistical significances of the world indexes
among which are:
1. The 2010 Index of Fighting Corruption
according to Transparency International –
68th
place.32
According to the Transparency
International, Georgia held first place in the
Post-Soviet space (with the exception of the
Baltic States) in terms of fighting corruption.
The causes for improvement of the country’s
position were considered following:
- Highly effective reforms in terms of gaining
public trust;
31
Delegation of the European Union to Georgia: ევროპის
სამეზობლო პოლიტიკა, სამოქმედო გეგმა
ევროკავშირი-საქართველო (European Neighbourhood
Policy, Action Plan EU-Georgia), Tbilisi, 2007, pp. 1-9;
32
Transparency International: Corruption Perception Index
2010, to be found on
http://www.transparency.org/cpi2010/results, researched on
13
th
of December at 16:00h;
31. Teona Babunashvili, Rational Civil Service in
Transitional Democracy: Challenges of the Georgian
Civil Service in a Comparative Perspective
31
- Highly effective steps in terms of improving
the image of the country on an international
level;
- Post-Revolutionary fight against corruption
on the lower level.
2. The world’s number 1 reformer during last 5
years.33
In 2010, the World Bank and the
International Finance Corporation published
a joint study - ―Doing Business 2011‖,
according to which, for 5 years since 2006
Georgia was awarded first place among
174 countries, as the most active reformer
country.
3. “Doing Business 2012” - Georgia was
ranked 2nd
from 2008 till today; 11th
in 2007;
and16th
in 2006. Alteration of the law base
and adoption of modern technologies have
shortened the time and the number of
procedures needed to register property. 34
4. The “Center for Law and Democracy” -
Georgia was ranked second most
successful among 80 countries studied by
an influential Canadian Organization – the
―Center for Law and Democracy.‖ In terms
of the availability of information on the state
budget, Georgia has the highest rating after
New Zealand.35
33
The World Bank and International Finance Corporation:
Doing Business 2011: Making a Difference to Entrepreneurs,
2010, to be found on
http://www.doingbusiness.org/~/media/GIAWB/Doing%20Bu
siness/Documents/Annual-Reports/English/DB11-
FullReport.pdf, researched on 13
th
of December 2013 at
16:10h;
34
The World Bank and International Finance Corporation:
Doing Business 2012: Doing Business in a More Transparent
World, 2012, to be found on
http://www.doingbusiness.org/~/media/FPDKM/Doing%20B
usiness/Documents/Annual-Reports/English/DB12-
FullReport.pdf, researched on 13
th
of December 2013 at
16:10h;
35
The Administration of the President of Georgia: Georgia in
Figures, to be found on
32. Teona Babunashvili, Rational Civil Service in
Transitional Democracy: Challenges of the Georgian
Civil Service in a Comparative Perspective
32
Despite all the above mentioned achievements
the ongoing situation in the country shows that
integration in the European Union need more
civic active engagement and respect of the
European values, which leads to the general
well-being of the whole country and that will be
felt by each member of the Georgian society.
With all this in mind, it is important to look
through the challenges which Georgia may
face while trying to integrate in the EU. Dealing
this issue, it’d be reasonable to make an
overview how East European countries
managed pre-accession challenges dealing
with civil service.
Civil Service Reform in the Eastern
European Accession States of EU
Because of the shared communist tradition, the
public services in most of the accession states
in 2004 were characterized by a centralist
government structure. 36
Because of it, an
important element of civil service reform in the
accession states were territorial and
administrative restructuring of these states to
increase decentralization and with the aim of
achieving following goals:
- Increasing the political influence and
participation of citizens to strengthen the
democratic principle. This was
considered to encourage political
integration, identification and the
involvement of citizens;37
http://president.gov.ge/en/Georgia/GeorgiainFigures,
researched on 13
th
of December 2013 at 16.00h;
36
Danielle Bossaert, Christoph Demmke: Civil Service in the
Accession States: New Trends and the Impact of the
Integration Process, European Institute of Public
Administration, Maastricht, the Netherlands 2003, p. 26;
37
Danielle Bossaert, Christoph Demmke (Footnote 36), p. 25;
33. Teona Babunashvili, Rational Civil Service in
Transitional Democracy: Challenges of the Georgian
Civil Service in a Comparative Perspective
33
- With the aim of protecting the political
system from centralist authoritarian
tendencies, improve division of powers
between central government and the
sub-national bodies;
- The creation of self-supporting regional
and local-government for decentralized
and ―bottom up‖ approach to the private
sector and civil society. 38
Apart from this, there were some common
features in most of the accession states, which
were considered to be the barrier to the reform
process. Among them were: politicization of
public administration, lack of ethical principles,
lack of mobility in the civil service, when carrier
and advancement opportunities were very
closely linked to a willingness to adapt one’s
political views. Also, a high degree of
decentralization and fragmentation of
responsibilities in the personnel policy was one
of the characteristics of civil service, in many
cases decisions to recruit and dismiss staff
were not the responsibility of the central
department, but it was up to minister decision-
making power. Staff was poorly paid and a job
in public service was not an attractive
perspective.39
In addition, some further challenges raise for
the accession states to overcome in public
sector. Among which are: competition with the
private sector in the search for qualified
specialist staff. Also, job security, working time,
performing a public task, social insurance,
working atmosphere are the problematic
issues. For insuring the number of women in
the civil service and in management positions
doesn’t fall, further measures had been
38
Danielle Bossaert, Christoph Demmke (Footnote 36), p. 26;
39
Danielle Bossaert, Christoph Demmke (Footnote 36), pp. 3-
4;
34. Teona Babunashvili, Rational Civil Service in
Transitional Democracy: Challenges of the Georgian
Civil Service in a Comparative Perspective
34
introduced to make a professional career more
compatible with planning a family. 40
VII. Recommendations With
Regard to the Challenges
All of the above discussed in mind and
according to the report, prepared by the Civil
Service Bureau of Georgia, there can be
distinguished following challenges that the
country’s civil service currently faces:
- Public institution service provision and
management processes, that are weak;
- Citizens, who are less engages in the
government decision-making process;
- Civil servants, who lack motivation;
- The civil service itself, which is not fully
depoliticized;
- Legislation on civil service, that is
outdated;
- Lack of a system with continuous
capacity building for civil servants. 41
On the one hand, the elimination of the first
problem dealing with proper management
process needs long-term, continuing and
targeted professional development programs
and trainings for the high ranked civil servants.
On the other hand, the lack of professionalism
can be also derived from the nepotism which
still manifest itself within the structure of some
public institutions. In order to eliminate the last
mentioned problem, the selection process for
civil servants should be extremely transparent.
Much has changed in the last few years in this
40
Danielle Bossaert, Christoph Demmke (Footnote 36), pp.
90-91;
41
Georgian Civil Service Bureau: Civil Service Reform in
Georgia, 2013, to be found on http://csb.gov.ge/en/reform-
in-civil-service, researched on 25
st
of December 2013 at
11.00h;
35. Teona Babunashvili, Rational Civil Service in
Transitional Democracy: Challenges of the Georgian
Civil Service in a Comparative Perspective
35
direction but reality shows that the system
needs more refinement. Due to the Georgian
mentality which is derived from the Soviet
legacy makes the system inclined to the
employment of the acquaintances. Because of
the above mentioned, it will be reasonable to
have strongly centralized system of civil
service management in Georgia.
Nepotism has been 100% defeated in the
delivery processes of higher education
institutions with the help of centralized system
in Georgia. As the country managed to
eliminate the problems of the mostly corrupted
system, it can also overcome the same
resistance in civil service too.
The second challenge is hidden in the citizens
themselves, who are passive and less
engaged in the government decision-making
process. It is caused from the less awareness
and the problem of communication.
In General, the purpose of reform in public
service is to make government more
responsive to society’s needs. It goes without
saying, that people want government that does
more and costs less. Because of it, much of
public service reform is an effort to meet
society’s needs by providing better, faster and
more services from government. But, the public
needs are rapidly changing as societies
become more diverse, complex and
fragmented and governments need to be ready
to take new roles in response to changing
needs. 42
Government administration and staff
professionals spend most of their time
communicating – with superiors, subordinates,
42
OECD: Government of the Future: Governance, 2000, pp.
11-12;
36. Teona Babunashvili, Rational Civil Service in
Transitional Democracy: Challenges of the Georgian
Civil Service in a Comparative Perspective
36
other agencies, with members of government’s
various publics. Speaking, writing, reading,
listening, transmitting data and other forms of
communication pervade government that they
are often taken for granted and because of
that, communications often is one of the main
determination factors between success and
failure, and government’s life and death. 43
―In order to gain the public’s trust, government
should learn to communicate the need for
reform, the process of reform and reform
successes...‖ And it goes without saying that
communicating this message is the
responsibility of both government officials and
political leaders. 44
Considering all of the above mentioned, it is
not hard to conclude that one of the abilities
which Georgian public officials and political
leaders lack is communication skills. Good
example is new ―Local Self-Government Code‖
draft, which has been prepared in six months
and government tries to adopt this law with the
help of accelerated method.
It’s true that on the one hand, the aim of the
above mentioned draft code is increasing
decentralization and much broad
independence for local self-governments which
nowadays they lack. It goes without saying that
it is something that is very important from the
democratic point of view, but on the other hand
the code has many critics. This is because of
the lack of communication with politicians, with
43
James L. Garnett: Communicating for Results in
Government: A Strategic Approach for Public Managers,
Jossey-Bass Publishers, San Francisco 1192, p. 3;
44
OECD: Government of the Future: Governance, 2000, p. 13;
37. Teona Babunashvili, Rational Civil Service in
Transitional Democracy: Challenges of the Georgian
Civil Service in a Comparative Perspective
37
the representatives of civil society and
international organizations, with experts.
It’s also should taken into consideration that
Georgian society is very sensitive to new
reforms, as they see them as a problematic
issue. Because of it, it’s especially important to
have daily communication with the society in
Georgia and give them detailed information of
new reforms that are going to be held.
As it was mentioned before, in the frames of
Georgian accession perspectives to the EU the
necessity of public service reforms in Georgia
increases, that needs very cautious approach.
Especially when it deals with the reforms in the
level of local self-government, it needs long-
term soil preparation and many training
processes to assure the issues of impartiality,
objectivity and independence, as there is a
very narrow and quite closed systems in this
level.
The problem of civil servants motivation is
derived from the lack of remuneration and
incentive systems. The mechanism of
promotion is also worth mentioning, which in
the classic sense of this term practically
doesn’t exist at all in Georgian civil service
reality and about which already was written
above.
Next shadow side lies in the politicized civil
service system. The solution remains in the
increased ethical awareness and active citizen
engagement. Generally, ethics is something
that Georgian civil service lack much. It will be
discussed below separately as it is one more
problem that needs a careful review.
38. Teona Babunashvili, Rational Civil Service in
Transitional Democracy: Challenges of the Georgian
Civil Service in a Comparative Perspective
38
Outdated legislation is something,
improvement which can more or less solve all
the above mentioned and upcoming problems.
In general, as all the problematic challenges
are interconnected the elimination of each of
them separately may cause the elimination of
other in vice versa.
Lack of continuous capacity building for civil
servants causes motivation problems as well
as self-confidence and sense of stability
difficulties. World changes rapidly, the working
process and methods for achieving productive
results also transform. So, as for this or that
organization also for the personnel the
opportunity for the continuous improvement is
mutually beneficial. For this purpose, several
exchange programs abroad in order to share
foreign experience, also couple of trainings and
qualification improvement courses should be
provided. It is something that is worth spending
money for, as it makes a source for the proper
work of the whole civil service system.
Ethics
"The European Code of Good Administrative
Behavior" provides the basic values of public
service and duties that a public servant should
have, such as independence, responsibility,
impartiality, accountability, efficiency and
transparency.45
The Code ensures that the principles of good
public governance, which have been listed
above should be implemented in daily life, so
that their performance is interpreted as a
necessary duty.
45
The European Code of Good Administrative Behavior, The
European Ombudsman, to be found on
http://www.statewatch.org/news/2002/mar/ombcode.pdf,
researched on 13
th
of December 2013 at 18:00h;
39. Teona Babunashvili, Rational Civil Service in
Transitional Democracy: Challenges of the Georgian
Civil Service in a Comparative Perspective
39
The Code, in addition, entails the values that
should be determined by good administrative
behavior. Justice, the rule of law , non-
discriminatory behavior, proportionality, when
the decision must be proportional to the
legitimate aim, as well as sustainability are the
key trends that will have to comply with the
behavior of public officials .
As for Georgia, the legal basis for the
organization of the Civil Service, as it was
already mentioned before, is regulated by the
Georgian Law on "Public Service". However, it
should be noted that unlike the latter, the
"European Code of Good Administrative
Behavior" is more general in nature and it does
not apply to the relationship between public
institutions and civil servant. However, the law
of Georgia on "Public Service" also refers to
the principles that are reflected in the
"European Code of Good Administrative
Behavior".
It should be noted that there are several issues
that are quite noteworthy and there is no
specific mention about it in the Georgian law.
For example, the article 12th
- "Courtesy" -
stating that a public servant should be service-
oriented and while answering a
correspondence, phone or e-mail should try to
be as polite as he/she can. As for information,
according to the above mentioned article, it
should be shipped to the exclusion of all the
uncertainty. 46
From the point of view of
Georgian nature, which is characterized by a
tremendous sense of pride and is more likely to
be rude in some situations, it would be
reasonable to mention about the mandatory
civil service skills in the law.
46
The European Code of Good Administrative Behavior, The
European Ombudsman, Art. 12, to be found on
http://www.statewatch.org/news/2002/mar/ombcode.pdf,
researched on 13
th
of December 2013 at 18:00h;
40. Teona Babunashvili, Rational Civil Service in
Transitional Democracy: Challenges of the Georgian
Civil Service in a Comparative Perspective
40
From the "European Code of Good
Administrative Behavior" quite considerable
also is the fact that there are concrete articles
mentioned, which are dedicated to a very
specific facts when the particular decisions
affect concrete persons. What time frame
should be set, with what kind of instructions, or
what kind of information should be provided,
when it deals to citizen interest is also written
down.
Finally, there is a notable last article in the
above mentioned code that require all public
institutions every two years file a report on the
operation of the "European Code of Good
Administrative Behavior" principles. The latter
can promote more effective and citizen-
oriented public service, because it establishes
accountability, in this case, before the
Ombudsman, which is a good precondition for
the proper performance of the standards. The
obligation to submit such a report for all public
institutions would be good to mention in
Georgian legislation too. It would encourage
the proper development of public
administration in the country.
VIII. Conclusion
In a word, with all of the above mentioned:
through the sharing of the European
experience, realizing the challenges that
country faces, with increased communication
with the society, within the system with the
improved ethical skills and including them into
the law, it’s more than possible to create the
civil service system worth including in the list of
democratic ones. Reforms, of course, should
be held along with the new philosophy of the
public service in Georgia, which is prepared by
the Civil Service Bureau that outlines the main
41. Teona Babunashvili, Rational Civil Service in
Transitional Democracy: Challenges of the Georgian
Civil Service in a Comparative Perspective
41
directions of the reform in civil service:
legislation, e-governance, HR and
accountability. 47
47
Georgian Civil Service Bureau: ეფექტური და
გამჭვირვალე საჯარო მმართველობა: წლიური
ანგარიში 2011/2012 (Effective and Transparent Public
Administration: Yearly Report 2011/2012), pp. 37-38, to be
found on http://csb.gov.ge/ge/20112012-
%E1%83%AC%E1%83%9A%E1%83%98%E1%83%A3%E1%83%
A0%E1%83%98-
%E1%83%90%E1%83%9C%E1%83%92%E1%83%90%E1%83%
A0%E1%83%98%E1%83%A8%E1%83%98, researched on 24
th
of December 2013 at 18:00h.
42. Bibliography
CODES OF CONDUCTS, LAWS:
European Charter of Local Self – Government, March 2010, to be found on
http://www.coe.int/t/congress/sessions/18/Source/CharteEuropeenne_en.pdf, researched on 9th
of December 2013 at 14:00h;
The European Code of Good Administrative Behavior, to be found on
http://www.statewatch.org/news/2002/mar/ombcode.pdf, researched on 13th
of December 2013
at 18:00h;
საქართელოს კანონი „საჯარო სამსახურის შესახებ“ (Law of Georgia on ―Civil Service‖),
October 31st
1997, Tbilisi, to be found on
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of December 2013 at 10:00h;
საქართველოს ორგანული კანონი „ადგილობრივი თვითმმართველობის შესახებ” (The
Organic Law of Georgia on Local Self-Government), December 16TH
2005, Tbilisi, to be found
on
https://matsne.gov.ge/index.php?option=com_ldmssearch&view=docView&id=27802&lang=ge,
researched on 9th
of December 2013 at 14:20h.
SURVEYS, RESOLUTIONS:
Delegation of the European Union to Georgia: ევროპის სამეზობლო პოლიტიკა, სამოქმედო
გეგმა ევროკავშირი-საქართველო (European Neighbourhood Policy, Action Plan EU-Georgia),
Tbilisi, 2007;
Delegation of the European Union to Georgia: ანგარიში ევროკავშირსა და საქართველოს
შორის თანამშრომლობის შესახებ (Report on cooperation between the EU and Georgia),
Georgia, 2007;
Georgian Civil Service Bureau: Civil Service Reform in Georgia, 2013, to be found on
http://csb.gov.ge/en/reform-in-civil-service , researched on 25st of December 2013 at 11.00h;
Georgian Civil Service Bureau, ადამიანური რესურსების მართვის პრაქტიკის მიმოხილვა
საჯარო სექტორებში: ამერიკის შეერთებული შტატები, გაერთიანებული სამეფო, თურქეთი,
გერმანია და საქართველო (Overview of Human Resource Management Practice in Civil
Service: The United States of America, United Kingdom, Turkey, Germany and Georgia), June
2013, to be found on http://csb.gov.ge/uploads/civil-service-HR-practice-overview.pdf,
researched on 1st
of December 2013 at 11.00h;
Georgian Civil Service Bureau: ეფექტური და გამჭვირვალე საჯარო მმართველობა: წლიური
ანგარიში 2011/2012 (Effective and Transparent Public Administration: Yearly Report
43. Teona Babunashvili, Rational Civil Service in Transitional Democracy: Challenges of the Georgian Civil
Service in a Comparative Perspective
43
2011/2012), pp. 37-38, to be found on http://csb.gov.ge/ge/20112012-
%E1%83%AC%E1%83%9A%E1%83%98%E1%83%A3%E1%83%A0%E1%83%98-
%E1%83%90%E1%83%9C%E1%83%92%E1%83%90%E1%83%A0%E1%83%98%E1%83%
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The World Bank and International Finance Corporation: Doing Business 2011: Making a
Difference to Entrepreneurs, 2010, to be found on
http://www.doingbusiness.org/~/media/GIAWB/Doing%20Business/Documents/Annual-
Reports/English/DB11-FullReport.pdf , researched on 13th of December 2013 at 16:10h;
The World Bank and International Finance Corporation: Doing Business 2012: Doing Business
in a More Transparent World, 2012, to be found on
http://www.doingbusiness.org/~/media/FPDKM/Doing%20Business/Documents/Annual-
Reports/English/DB12-FullReport.pdf , researched on 13th of December 2013 at 16:10h;
Transparency International: Corruption Perception Index 2010, to be found on
http://www.transparency.org/cpi2010/results , researched on 13th of December at 16:00h.
SCIENTIFIC RESEARCH:
ადგილობრივი თვითმმართველობის საჯარო მოსამსახურეთა სწავლების სახელმწიფო კონცეფცია:
დანართის პროექტი (Training and Development Framework In Support of Local Self-Governments: Draft
Annex), Analitical reports were prepared by Levan Mosakhishvili, Natalia Motsonelidze, Irma Kortua,
SIDA & UNDP 2010.
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