Territorial Division
PUBLIC ADMINISTRATION:
2. RECENT REFORMS
Portugal has undergone a wide Public Administration (PA) reform process that started in the second semester of 2005 and in 2009 achieved its final stage as the last pieces of legislation have entered into force.
The modernization of the PA is assumed by the government as an essential piece of the strategy of growth of the country. It aims to achieve an Administration that better serves citizens and companies. In this context, it has been focusing particularly on the: Structural Reorganization of State Central Administration; Reform of the Civil Service Regime; Modernization and Administrative Simplification; Modernization of Public Management, as well as the Development of e-Administration.
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The reform of the civil service regime presents the following features:
Progressive convergence of the Civil Service Social Protection Scheme with the
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General Social Security Scheme;
Abolishment of the former general mobility mechanisms and their replacement
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by two new mechanisms: assignment of public interest and internal mobility.
Establishment of the special mobility regime;
Reform of the attachment, careers and remuneration scheme of staff fulfilling
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public functions, from which should be highlighted the following:
— Alignment with the private sector with regard to the legal employment relationship;
— The status of “civil servant” is assigned to a few, special functions related to the exercise of powers conferred by public law that safeguard the general interests of the state: Military, Foreign Affairs, State Security, Criminal Investigation, Public Protection and Inspection Activities;
— Reduction in the number of general and special regime careers. Establishment of only 3 general regime careers;
— Establishment of a single pay scale made of 115 pay-steps to be used in setting workers’ basic remuneration, replacing the 22 existing pay scales with a total of 522 pay-steps.
— Replacement of a “career system” by a “position system”;
— Progressions are no longer based on seniority and career advancement and change of pay step is based on performance assessment according to available budget appropriations;
— Introduction of performance bonuses related to assessment;
Establishment of the employment contract in public functions scheme aiming at
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bringing the labour legislation of PA closer to the labour regime of the private sector, highlighting collective bargaining (signing of the first two collective agreements in PA);
Together with this new employment contract scheme a new disciplinary statute
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has entered into force;
Establishment of an Integrated Public Administration Management and Assessment
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System (SIADAP) that, for the first time, is applicable to the assessment of services of respective managers and remaining staff. A percentage system (quotas) was set up for the differentiation of performance, including managers: 25% for relevant performance and, within this percentage, 5% for excellent performance. In case of the service itself obtaining the classification of excellent, the percentages for workers increase respectively to 35% and 10%.
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3. PUBLIC EMPLOYMENT STRUCTURE
Legal Basis: Scope of Application: 1) Public Administration regulations are centrally defined and applicable to all workers performing public functions in bodies and services of Direct and Indirect State Administrations 2) Public employment laws defined centrally are also applicable, with the necessary legally determined adaptations to staff performing public functions in regional and local authorities’ administrative services.
Staff Recruitment: Recruitment and selection of human resources relies on three fundamental pillars: equal conditions and opportunities for all applicants, neutrality of Selection Boards and the use of methodologies based on technical research.
Employee Categories: There are currently three forms of public employment legal relationship in the public administration, as defined in law 12-A/2008, of 27th February.
1. Appointment:
Lifetime tenure (permanent post);
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Transitional appointment (fixed term post).
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Appointment is only effective for positions in a few well defined services: The Military (generic and specific missions of Armed Forces in permanent establishment plans);
The Foreign Office; State Security Information; Criminal Investigation; Public Security;
and Inspection Activities.
2. Employment contract in public functions:
For an indefinite period of time;
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Contract for a fixed or unfixed term.
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3. Limited executive tenure - performance of posts not integrated into careers, namely, managers1 and other situations such as attendance at a specific training course). Managers fill a temporary post (three year period with the possibility of renewal for equal periods of time, however top managers may not exceed 12 consecutive years in the same position). They carry out management, coordination and control tasks of public services and bodies. They need to attend specific training courses for entry.
Managers: see point 13 (Management Positions – Senior Civil Servants)
Public employment managing body
Ministry of Finance and Public Administration: is the government department whose mission is to define and conduct the financial policy of the state and the Public
1 Regulated by law 2/2004 of 15th January, amended by law 51/2005 of 30th August.
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Administration policies. Regarding the latter it shall define, coordinate and evaluate the human resources policies in the Civil Service, in particular with regard to the regimes of public employment and professional qualification and development; define, coordinate and apply policies relative to the Civil Service, in particular in the areas related to the organization and management of services, with a view to increasing effectiveness and efficiency, the rationalization of the administrative activity and the promotion of quality in the public sectors; manage the health subsystem of the Civil Service and assure complementary social actions for Civil Service employees.
The Directorate General for Administration and Public Employment, a Direct State Administration body inside the Ministry of Finance and Public Administration, is a cross-sectional service responsible for providing study, design, coordination and technical assistance to the government in its work of defining policies relating to Public Administration.
Ministry of the Presidency: The State Secretary for Administrative Modernization is responsible for e-government policies, the fostering of Public Administration modernization and for the monitoring and evaluating of the results achieved from the actions undertaken in this field.
The Agency for Administrative Modernization is directly responsible for administrative simplification and modernization.
CEGER: Management Centre for the Electronic Government Network, is the organization responsible for the management of the Government’s electronic network, and aims to support it in the areas of information and communication technology and information systems. It reports directly to the Secretary of State of the Presidency of the Council of Ministers, by Prime Ministerial decree.
Statistics: Portugal has a population of 10.6 million people, of which 747 880 were public employees, in 2005 (77.3% in the Central Government and 22.7% in Local Government), in accordance with the following evolution:
1979 1983 1986 1988 1991 1996 (*) 1999 2005 372 086 435 795 464 321 485 368 509 732 639 044 716 418 747 880
Source: DGAEP/OBSEP
(*) Including Autonomous Region of Madeira
In 2005, the number of public employees per thousand inhabitants in the Portuguese Administration (70,8) was above the community average (62,4 per thousand inhabitants). Public employment represented 13,5% of the active population, 0,5 percentage points higher than the community average.
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4. RIGHTS, OBLIGATIONS, PRINCIPLES AND VALUES
Principles: The pursuit of public interest without prejudice to citizens’ legitimate rights and interests is the fundamental guideline framing administrative activity.
Ten ethical principles governing administrative activity can be mentioned: the Principle of Public Service; the Principle of Legality; the Principle of Justice and Impartiality;
the Principle of Equality; the Principle of Proportionality; the Principle of Collaboration and Good Faith; the Principle of Information and Quality; the Principle of Loyalty; the Principle of Integrity and the Principle of Competency and Responsibility.
Managers shall steer their work towards quality, responsibility and efficiency, as well as accountability for results.
Obligations: The general duties of state employees2 consist on the duty to pursue the public interest; the duty of neutrality; the duty of impartiality; the duty of information;
the duty of zeal; the duty of obedience; the duty of loyalty; the duty of courteousness;
the duty of assiduity and the duty of punctuality. Infringement of these duties gives rise to disciplinary proceedings.
Rights: The rights of workers performing public functions are not currently compiled in a single piece of legislation. As any Portuguese citizen they hold the general rights stipulated in the Constitution of the Portuguese Republic (right to life, liberty and security, freedom of speech and information, freedom of conscience, religion and cult, participation in public life, association, economic, social and cultural rights…).
In particular, the following rights shall be highlighted:
Right of access to public service – under equal conditions and freedom, as a rule
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by means of open competition;
Right of access to public positions – under equal conditions and freedom;
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Right to information – be informed, whenever so requested, about the progress
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of proceedings in which one is directly interested, and to know the final decisions that are taken; and access to administrative records and files, subject to the legal provisions with regard to matters pertaining to internal and external security, criminal investigation and personal privacy;
Right to justification of acts – administrative acts must be justified expressly and
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in an accessible way whenever they affect legally protected rights or interests;
Right to appeal – judicial appeal against administrative acts deemed unfavourable,
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harming legally protected rights or interests.
In the scope of the fulfilment of duties there are a considerable number of rights. Yet the following are to be stressed:
2 Stated in law n. º 58/2008, of 9th September.
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Rights of collective exercise
Right to collective negotiation – negotiation between trade union associations and
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Public Administration on matters relating to public employment status, with a view to reaching an agreement;
Right to trade union activity;
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Right to strike – in accordance with the decision of the trade union associations
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being however compulsory that the provision of the necessary minimum services in the services intended to meet the essential social needs be ensured (Armed Forces and Security Forces do not have the right to strike).
Rights connected to effective provision of work Right to a salary and other pecuniary benefits;
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Right to periodical remunerated holidays – this right is acquired with the constitution
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of the public employment legal relationship, referring, as a rule, to the service performed in the preceding calendar year (by twelve months of work, the civil servant is entitled to a period of holidays ranging between 25 to 28 working days);
Right to vocational training – aimed at modernizing and promoting effectiveness,
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efficiency and quality of services, as well as developing and qualifying the human resources;
Right to admission to an open competition – for recruitment and personnel
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selection for the Public Administration;
Right to assessment – annual performance assessment for career advancement
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purposes;
Right to social protection – by way of the Convergent Social Protection scheme or
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the General Social Security Scheme, in case of illness, maternity, paternity and adoption, unemployment, accidents at work and occupational diseases, old age (retirement), disability and death;
Right to social benefits – complementary social action (benefits granted by the
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Public Administration Social Services) and health subsystems (complementary benefits to the right of protection in health ensured by the National Health Service).