Impartial, Skilled, Respect for Law: The Ancient Ideals of Civil Servants at the root of Eastern and Western Traditions

2020 ◽  
Vol 35 (1) ◽  
pp. 1-27
Author(s):  
Jos C.N. Raadschelders

When studying civil service traditions, scholars often contrast the Eastern, Confucian tradition from the Western, Weberian tradition. A few Korean and American scholars pointed out that the two traditions are not that different. It is argued in this article that they are not, because they are both grounded in the ancient Egyptian wisdom literature about what makes a good civil servant. They are impartial in their dealings with people, the have the administrative and technical skills necessary, and they respect the rule of law. The ancient Egyptian, Confucian, and Weberian traditions are visible in the work of Yu Hyŏngwŏn, a 17th century Korean scholar and civil servant.

Author(s):  
Bumke Christian ◽  
Voßkuhle Andreas

This chapter deals with equal access to civil service which is guaranteed by Art. 33 of the Grundgesetz (GG). It first examines the Federal Constitutional Court's jurisprudence regarding the importance of the civil service to a democratic state founded on the rule of law before addressing the question of access to civil service, with emphasis on the performance principle and the procedures which safeguard it. It then analyses the Court's so-called ‘Radicals decision’, in which it ruled that the duty of political loyalty was one of the traditional principles of the professional civil service, and the scope of the functional reservation of Art. 33 para. 4 GG. It also explains the prohibition of strikes by civil servants, along with the traditional principles of the professional civil service. Finally, it describes the traditional principles of the civil service as individual rights comparable to fundamental rights.


Author(s):  
Christoph Demmke

For a lengthy period, governments worldwide believed that civil servants should be linked to the authority of the state and could not be compared to employees in the private sector. This group of public employees were perceived as agents of the “Leviathan” (Hobbes), intended to uphold the rule of law and to implement government policies. In this conception, where the state was separated from society and citizens, it was inconceivable that civil servants could be compared to other employees. Towards the end of the 20th century, in almost all countries worldwide, reform measures have encouraged the change, deconstruction and decentralization of the civil service on all fronts. In the meantime, there are now as many different categories of public employees as there are different public functions, organizations, and tasks. Overall, the number of civil servants has decreased and some countries have abolished traditional civil service features. Moreover, working conditions and working life have changed. Thus, whereas for a long time, civil servants were very different from the employees of private companies, this distinction is much less clear in the early 21st century. Such a situation had been unthinkable 10 years earlier. Consequently, the traditional concept of the civil service as a distinct employment group and status is slowly disappearing. In addition, current organizational reform trends have made public administration as such into a somewhat heterogeneous body. In the early 21st century, civil services have become more diverse, less hierarchical and standardized, more flexible, diverse, representative and less separated from the citizenry than they were traditionally. Whereas the term “bureaucracy” had represented clear values (hierarchy, formalism, standardization, rationality, obedience etc.), new reforms have brought with them new values, but also more conflicting ones, and value dilemmas. Whereas most governments still agree that human resource management (HRM) policies should continue to be based on rational principles such as the rule of law, equity, and equality, the increasing popularity of behavioral economics and behavioral ethics and the trend toward the delegation of responsibilities to employees through different concepts such as engagement, lifelong learning, and competency development, illustrate that current trends run counter to classical bureaucratic styles. Moreover, digitalization and flexibilization trends are changing work systems and leading to an individualization of HR practices by facilitating the monitoring and measuring of individual efforts and engagement practices. Thus, the problem with this description of administration in the 21st century is obvious. Whereas the terms “bureaucracy” or “civil service” can be defined and broken down into concrete definitions, this is much less the case with the new civil service systems and new administrative models. However, stereotypes around public organizations and civil servants continue to survive, even though they were shaped in a world that no longer exists. Even in the early 21st century, many people still have the perception that civil servants work in an environment that is clearly separated from the private sector. Also, most public-service motivation theories start from the assumption that civil servants are different because they are civil servants.


2020 ◽  
Vol 59 (10) ◽  
pp. 98-100
Author(s):  
Samira Eldar Mehraliyeva ◽  

The responsibility of civil servants in public administration in a democratic environment is one of the central issues. The responsibility of civil servants and the grounds and conditions of termination are specified in the Law on Civil Service, which is the main legislative act implementing sectoral regulation, which emphasizes the importance of this issue. The article briefly analyzes the civil service position and civil servant, the legal basis, the concept of responsibility as a legal phenomenon, and the grounds for termination. Key words: civil service position, civil servant, termination, responsibility, restrictions


2015 ◽  
Vol 10 (3) ◽  
pp. 89-97
Author(s):  
Орлова ◽  
Valentina Orlova ◽  
Тихомирова ◽  
Olga Tikhomirova

The article discusses current problems of improving the regulatory provision of social guarantees for civil servants, forming a system of payment to civil servants. The authors foresee the creation of highly efficient civil service by improving competence and professionalism of civil servants, establishment of the status of civil servant. It is justified to consider one of the priorities of personnel policy creating a system of social protection of civil servants.


Social Law ◽  
2019 ◽  
pp. 118-125
Author(s):  
А. Kutsevich

The specificity of the legal regulation of passing civil service in Ukraine (labor relations with civil servants) is that it is at the same time implemented by the rules of labor legislation and the rules of special legislation on civil service. The dismissal from the civil service is the final stage of its passage, which is accompanied by the loss of the civil servant status. Legal regulation of the order of civil servants dismissal is carried out taking into account the priority of special norms over the general ones, that is, first of all, the provisions of the Law of Ukraine “On Civil Service” apply. This article explores the current state of regulation of dismissal of civil servants. It has been established that it is a dismissal of civil servants and what are the grounds for it. It is determined how the dismissal of civil servants at each stage of this process is regulated. Positive and negative aspects of the current state of legal regulation of the dismissal of civil servants are highlighted.


2020 ◽  
pp. 71-75
Author(s):  
O.V. Seletskyi

One of the main factors for ensuring effective and honest work of civil servants is the formation of proper motivation and remuneration for the performance of tasks. Officials, along with other employees, strive public recognition of the results of their work. Encouragement of civil servants promotes the development of initiative, responsibility, confidence in their actions, a conscious attitude to work, mobilization to overcome difficulties and increase their credibility. Measures of material and moral support of civil servants help to realize the correct understanding of their labor obovyazkiv, helps to increase labor activity and improve the performance of the state body. The article analyzes the views of scholars on the interpretation of such a legal category as "encouragement". The provisions of the Law of Ukraine "On Civil Service" and bylaws regulating the grounds, types and procedure for applying incentives to civil servants are analyzed. It is established that the following types of incentives can be applied to civil servants: 1) announcement of gratitude; 2) awarding a diploma, a diploma, other departmental awards of a state body; 3) early assignment of the rank of civil servant; 4) presentation for awarding by government honors and awarding with a government award (congratulatory letter, thanks, diploma); 5) submission for state awards. The author proposes to expand the existing list of types of incentives for civil servants with such incentives as rewarding with a valuable gift and paying a bonus. The article also draws attention to the imperfections of the legal regulation of the procedure for applying certain types of incentives in the civil service. The author's definition of the term "encouragement of a civil servant" is proposed. It is concluded that the incentives for civil servants play an important role in enhancing their professional activities and are aimed at forming in them a conscientious attitude to work. However, some issues in this area still need significant refinement at the legislative level.


Jurnal Akta ◽  
2020 ◽  
Vol 7 (3) ◽  
pp. 293
Author(s):  
Chairul - Insani

The relationship between the bank and the customer in the credit agreement with the guarantee of a Decree on the Appointment of Civil Servants begins with the arrival of the customer at the PT. Bank Rakyat Indonesia (Persero) Tbk, Palembang branch on working days and hours to provide complete requirements and fill in loan application forms that can be taken immediately at the PT. Bank Rakyat Indonesia (Persero) Tbk, Palembang branch. Then proceed with the bank conducting a field survey to ensure that the debtor is indeed a civil servant according to the data written by the debtor and an assessment of the potential debtor's ability to pay off his debt. And it ends with the disbursement of credit funds by banks to debtors for the loan ceiling of 60% of the employee's net salary according to the class / rank owned by the customer / prospective debtor. This research uses an empirical juridical approach. This method is used to obtain the truth in discussing existing problems and to see the application of a rule of law in society. The analysis is carried out descriptively which will describe, describe and reveal how the actual implementation of the credit agreement with the guarantee of Civil Servant Decree at PT. Bank Rakyat Indonesia (Persero) Tbk, Palembang branch. The efforts of the banking sector to secure credit with the guarantee of a Decree on the Appointment of Civil Servants who are problematic are based on fulfilling the requirements and completeness of the identity data of the prospective debtor, the second is the provision of a period for debt repayment where the period does not exceed 5 years, and finally, the submission of a guarantee for the Decree of the Appointment of Civil Servants, all of which must be original. Credit settlement with the guarantee of a Decree on Appointment of Civil Servants who defaults, namely, first, deliberation with the debtor to fulfill the element of good faith, if it has not been responded to, the first legal route will be taken through the judiciary, the second through KP2LN (State Receivables and Auction Management Office). If the debtor is a mutation, it is requested or confirmed in advance to the office / agency where the debtor works to transfer funds against credit repayments with the guarantee of a Decree on the Appointment of Civil Servants.


2021 ◽  
Vol 6 (10) ◽  
pp. 20-28
Author(s):  
Doniyor Yuldashev ◽  

The article analyzes the legal status of civil servants in terms of the rights, state guarantees andbenefits. These elements of the legal status are presented through the prism of comparative legal studies of the legislation of more than a dozen foreign countries, taking into account the experience of legal regulation of public civil service issues both in the post-Soviet space and in foreign countries. The system of state guarantees for civil servants is currently in a state of instability, which is caused by administrative reforms, the lack of a unified state personnel policy. The system of material and financial guarantees today is an operating system that enhances the prestige of the civil service as a social and legal institution.Keywords: public servant, civil servant, legal status,rights, state guarantees, social security


Author(s):  
K.P. Krishnan ◽  
T.V. Somanathan

This chapter provides a comprehensive overview of the institution of the civil service, covering its initial design as conceived by the makers of the Indian Constitution and changes in that design. It makes an assessment of the effectiveness of the civil service as an institution against four criteria: preserving the constitutional democratic order, impartial implementation of the “rule of law” vis-à-vis citizens, faithfully translating the will of elected governments into policies while effectively implementing those policies, and promoting development (including efficient and effective public services). It explores the causes of the various shortcomings identified in the performance of the civil service and compares the Indian civil service with other countries on several parameters. It concludes with a detailed discussion of policy ideas on reform, drawing on Indian and international experience.


Author(s):  
Ian Loveland

This chapter considers the fate of the royal prerogative in the courts during the twentieth century. The discussions cover the relationship between statute, the prerogative, and the rule of law; the traditional perspective on judicial review of prerogative powers and its erosion; Council of Civil Service Unions v Minister for the Civil Service (GCHG) as the pivotal case in the development of judicial review of the prerogative; post-GCHG developments; and the notion of justiciability. The chapter concludes that the courts supervise the government’s use of prerogative powers more closely now than in the pre-revolutionary era. There has been an increase in the theoretical reach of the courts’ power of review since the 1967 decision in Lain. Administrative law also seems to treat prerogative and statutory powers in the same way.


Sign in / Sign up

Export Citation Format

Share Document