Abstract
This chapter critically analyzes the current laws in the Republic of Macedonia that address the authority and responsibilities of the public servants, i.e., the functioning, roles, and responsibilities of the employees in the administration. Analyses of the relevant legal documents, namely, Rule Book for the organization and systematizations of the working position, were conducted, along with interviews of 20 respondents, namely, four state secretaries, six section managers, five state counselors, three department managers, one counselor, and one state auditor, in 16 institutions of the state authority. Results show several lacunae which are discussed through the direction of closing the circle of responsibility. There is a further need for precise analysis of the legal regulation that will determine the role, authority, and responsibility of the administration in the country.
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Notes
- 1.
Official Gazette of the Republic of Macedonia number 167/10.
- 2.
Ministry for preparation of legal and sub-legal acts for the development of the policies and standards for management for human resources and for following of the employment and management with human resources in the state and public service. With article 26-a paragraph (2) law for organization and work of the organs of the state management, the state management inspector is an organ as a part of the Ministry for information society and administration.
- 3.
Law of public clerks (Official Gazette of the Republic of Macedonia) number 52/10).
- 4.
Regarding this one respondent would say: “I am on the post as a manager of public supplies and I make the violation as a manager of a department for international cooperation. When there is no clerk, I have been given a task from another type of post and I have made the violation there, but why do I have to take the liability as a state clerk?”
- 5.
For example, I list the statement of one respondent: “Certain sections have been imposed pursuant to the law of state clerks as a matrix. So, the Section for euro integration in that direction is set with all sections equally horizontally, although it should be set vertically because it covers all segments of a concrete activity in the part of the European integration. So, it is dysfunctional. So, the manger of the section in the part of his job enters into authorizations of all sections or has no job at all.”
- 6.
In article 8 from the Decree for the principles for internal organization of the organs of the state management (Official Gazette of RM number 93/2000 14/2002 105/07).
- 7.
Regarding that the opinion of the respondent was “very frequently Government passes conclusions which have not been planned and gives priority on the account of already planned in the strategic plans of the departments.”
- 8.
So, one of the respondents stated the following: “We can not realize the projection of the strategic plan I do not have known who decided to shorten the budget without taken into consideration the strategic plan. It is a flaw and the only sample that taken the Ministry of finance for the shortening of the budget is the realization, so it means only that there is low realization in the organ, there is shortening of the budget but they do not take into consideration the reasons why it is like that. Sometimes the nature of the activity itself enables relations to be executed in September.”
- 9.
So not only the change of Ministry is the reason for changing of the strategic plan, very frequently the strategic plan is changed by the same Ministry in a period of 1 year.
- 10.
The Rule Book for the way of leading of discipline procedure for confirmation of discipline offense number 01-6846/1 form 31.05.2006 reached by the manager of agency of civil servants.
- 11.
In the Law of Civil Servants (Official Gazette of RM clear text 108/05) article 76 which says (1) for the violation of the official duty of the state clerk, one of the following discipline measures can be by decision passed: (1) public notice, (2) fine in the amount of 10–30 % of the 1 month salary paid for the last month before the execution of the violation of the official duty, (3) distribution on post with lower title for a duration of 6 months to 1 year, and (4) termination of the employment. (2) When passing the discipline measures, the weight of the violation of the official duty is taken into consideration, the consequences of that violation, the level of the liability of the state clerk, and the circumstances under which violation has been done, his former behavior, and performance of work as well as other releasing and aggravating circumstances.
- 12.
Risteska (2006) Reform of public administration in Macedonia and creation of public value, Politicka misla, Skopje pp 33–37.
Bibliography
Bailey SK (1968) Objectives of theory of public administration. In: Charlesworth JC (ed) Theory and practice in public administration: scope, objectives and methods. American Academy of Political and Social Science, Philadelphia, October
Breyer SS, Stewart RB, Sunstein CR (2006) Administrative law regulatory policy. Aspen Law Business, New York
Bryman A (2001) Social research methods. Oxford University Press, Oxford
Bullain N, Toftisova R (2004) A comparative analysis of European policies and practices of NGO – government cooperation. European Center for Not-for-Profit Law (ECNL), Macedonia
Danielle B, Demmke C, Nomden K, Polet R (2002) Civil services in the Europe of fifteen – trends and new development (Европски институт за јавна администрација). European Institute for Public Administration, Zagreb
Dramer K (1997) Moral reasoning in the public service. In: Proceedings of the OECD symposium on “Ethics in the public sector: challenges and opportunities for OECD countries”, Paris, p. 18
Eugen P (1993) The science of state department. School book, Zagreb
Gilman SC (1996) Public service ethics: a global dialogue. Public Adm Rev 56(6):517–524
Goce G (2004) Reforms in the state department, Magazine for European questions. European dialog
Janssen D (2008) Effective improvement as a result of the implementation of the CAF model in Europol. In: Fifth public conference of the public administration quality in Europe. http://www.eipa.eu
Lian M, Berman J, West JP (2000) Human resource management in public service-Paradoxes, processes and problem. Sage Publication, Thousand Oaks
Mayer TR (1986) Organization theory for public administration. Little & Brown Company, Boston
Menzel DC (1997) Teaching ethics and values in public administration: are we making a difference? Public Adm Rev 57(3):224–230
Michael C, May L (2005) Public administration-clashing values in the administration in public policy. Wadsworth, Belmont
Naumovski P (2007) Administrative law. European University, Skopje
Petkovic M (2003) Organizational behavior. Economics Books, University of Belgrade, Belgrade
Republic of Macedonia (1999) Strategy for developing of the public administration. Government report, Republic of Macedonia
Republic of Slovenia (2006) Strategy of cooperation of the government of the Republic of Slovenia with non-governmental organizations, Government report, Republic of Slovenia
Risteska M (2006) Regulatory impact assessment in Macedonia and Estonia: lessons (to be) learned. Uprava IX(3):141–164
Robert S, Kaplan D, Norton P (2001) Strategy focused organization how balanced scorecard companies thrive in the new business environment. Harvard Business School Publish Cooperation, Boston
Shafritz JM, Hyde AC, Parkes SJ (2003) Classics of public administration. Wadsworth, Belmont
Sotir K (2005) New public management. Center for Quality, Skopje
Wiersma W (2000) Pecearcx Metxod in Education. Allyn & Bacon, UK
Wore H, Miller CS, Wegener WF, Miller LS (2003) Effective police supervision. Nexis Matthew Bender, Albany
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Denkova, J. (2015). Legal Basis for Responsible Working of the Administration in the Republic of Macedonia: An Assessment. In: Gurtoo, A., Williams, C. (eds) Developing Country Perspectives on Public Service Delivery. Springer, New Delhi. https://doi.org/10.1007/978-81-322-2160-9_11
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