Presentation by Peter Pogacar at the webinar organised by SIGMA for its working partner Bosnia and Herzegovina on 24-25 June 2021. The objective of this workshop is to increase the awareness of what should be the role of the senior civil servants, and to exchange views on the way forward of reforms.

1. © OECD
Discussing selected dilemmas
related to senior civil service in BiH
The scope and role of the senior civil service
The case of Slovenia
Peter Pogačar, Director General
Ministry of Public Administration, Slovenia
BiH, 24.6.2021

2. SENIOR CIVIL SERVICE – TOP OFFICIALS
Civil Servants Act (2003)
Approximately 150 official positions, 17.000 civil servants;
- Secretary-general (1) and Director-General in ministries;
- director of the Body within Ministry;
- director of Government Office;
- principal of Administrative Unit.
Separated from political functions and civil servants
A specific system of:
- Selection (Officials council),
- training (obligatory program for leaders at Administration academy).
To ensure the independence, stability, and professionalism of the
administration!

3. MINISTRY - STRUCTURE
POLITICAL POSITIONS: - Minister
- State Secretary (max 2) – deputy
TOP OFFICIALS: - Director General
- Secretary General
- Head of Administrative Units (58)
OFFICIALS – CIVIL SERVANTS: - Head of Unit
- Head of Division
- other civil servants
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4. TOP OFFICIALS REGIME
Special legal rules (different as for civil servants) for the top officials:
- recruitment/selection procedure,
- term of position,
- manner of obtaining the position,
- dismissal, and
- conflict of interests.
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5. OFFICIALS COUNCIL
It consists of 12 members, appointed by:
• 3 by the President of the Republic;
• 2 by trade unions;
• 4 by the Government;
• 3 elected by the officials of the 1st career class.
- set the Standards of Professional Qualifications with Selection Criteria
and Methods of Qualifications; competencies model
It plays a crucial role in the selection process, as the SCS can
not be appointed without fulfilling the conditions and
procedure at the Officials Council.

6. STANDARDS OF PROFESSIONAL QUALIFICATIONS
Experience and management skills:
- Quality of work, leadership and management experience,
- development vision.
Professional knowledge
- Knowledge and understanding of the body´s mission and its role in
the system,
- knowledge of the resource planning and use.
Leadership competencies (outsourced)
- orientation on the future,
- commitment to goals,
- efficient work organization,
- development of teams.

7. SELECTION PROCEDURE
1. Special open competition, published on the Government‘s website,
2. procedure by the Official Council,
3. the Official council submits the list of suitable candidates to the
functionary to whom the position official is held responsible,
4. the functionary selects the candidate from the list and appoints
him/her or propose to the Government to appoint him/her.
KEY POINT:
Selection of top officials is based on the political discretion of the
minister. The minister can appoint only the candidate who meets the
conditions and has been deemed suitable by the Official council.

8. STATUS OF TOP OFFICIALS
• Selected and appointed by the Government or the minister,
• top of the professional civil service in the sector,
• mandate of 5 years – with the possibility of re-appointment –
fixed-term employment.
Early dismissal without fault ground is possible within:
- 1 year from the appointment of the top official, and
- 1 year from the beginning of the mandate of the political functionary,
who is his superior.
ALLOWS CHANGES AT THE TOP OF STATE ADMINISTRATION IN THE
EVENT OF A CHANGE OF GOVERNMENT
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9. POLITICAL INFLUENCE vs
PROFESSIONALISM OF TOP CIVIL SERVICE
• Responsibility lies with the minister, but top officials
significantly influence the work and decision making;
• conceptual compatibility- problems of cooperation.
The minister can dismiss a top official within one year
without explanation!!!
- risk of political misuse or a discretionary right of the minister?
- the minister selects one, should the new minister have the
same right?
EXPERIENCES?
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10. SYSTEM - DILEMMAS
• Hybrid of professional merit-based selection and political
discretion;
• ensures a high-level competency of top officials;
• conditions for the system to work:
1st phase: qualitative implementation of the role of the Official
council without exceptions in the selection process,
2nd phase: political culture and personal management style of an
individual minister.
This system could lead to a professional administrative elite!
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11. CHALLENGES
A tough selection process for top officials
Dismissal of a top official with the changes of the government
• Frequent replacements of top officials high fluctuation in top
officials' positions influence on organizational instability,
• material status of top officials – wage, severance pay,
• de-motivation of civil servants to apply for the positions - lack of
competent candidates.
IN THE END IT IS ALL ABOUT THE PEOPLE!!!
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12. Thank you for your attention!
Peter Pogačar
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