Seven-year mandates (extendable) and the end of arbitrary selection: the Government approves the law of the public executive
The executive approves the law that will allow to put an end to party appointments
BarcelonaThe Government approved this Tuesday, before going on vacation, one of the projects it has most championed. It is the law of professional public management, which aims to end the arbitrary selection of public executives and limit their mandate. The President of the Generalitat, Salvador Illa, presented the norm a year ago together with the professional entities that support it, and this Tuesday the executive presented the details of a regulation that seeks to put an end to the discretion with which, currently, parties choose the people who hold general directorates and deputy directorates of the Government of the Generalitat. Thus, the norm foresees that selection processes will be based on "merit and suitability" and sets a maximum term of seven years (extendable) for mandates. In total, the norm would affect approximately 727 senior positions: 320 general directors and 407 deputy directors.
The law, therefore, attempts to put an end to the rotation of positions each time the government's political color changes. Initially, selection will be based on the candidates' "merit, capacity, publicity, and suitability," and the processes will be evaluated by a new "independent qualification body" composed of "persons of recognized prestige in public management and human resources" appointed by the Government and which will have parity representation. This body will propose three candidates, and the relevant department will make the selection. Among the requirements to apply for the process are having a university degree and, for deputy general directorates, also being a civil servant. Furthermore, knowledge of written and oral Catalan will also be required.
Mandates will be for seven years, but can be extended for another seven years based on a "favorable evaluation of the results obtained" by each executive; they will not need to undergo a new selection process, but will require a report justifying their "suitability" for accepting the extension. Can they be dismissed? An executive cannot be dismissed "freely"; it must always be for "legally established causes," such as the end of the mandate, an unfavorable evaluation, or voluntary resignation.
The results of the activity of these executives will be evaluated during their mandate, and their continuity in office will depend on the "fulfillment" of the set objectives. Based on this, a variable remuneration is also established that can reach up to 15% of the fixed salary in case of a favorable evaluation.
A 20% exception
The law also provides for several categories of public manager: management direction, which are the general and service directorates (senior positions usually appointed by political trust); operational direction, which refers to deputy general directorates occupied by civil servants (although until now they were also chosen by political appointment) and public sector institutional managers. All these positions would be subject to these new selection processes, but each government can leave up to a maximum of 20% out for "essentially political functional profile".
Furthermore, not all senior positions in the Generalitat will be subject to this law; it will not apply to public entities such as the Catalan Health Institute (ICS), because it has its own regulations, nor to the Centres de Recerca de Catalunya (CERCA), the Catalan Audiovisual Council (CAC), the Catalan Finance Institute, and the Catalan Data Protection Agency.
The regulation is part of the public administration reform promoted by the Government since the beginning of the legislature and has the consensus of various professional entities represented in the Forum of Entities for the Reform of the Administration (FERA), which brings together dozens of associations that have long called for this modification. In a statement, FERA celebrated the law and argued that the figure of the public manager is "essential" to transform the administration, as long as administrations "respect the requirements of meritocracy, autonomy, transparency, and democracy".
"The law is part of the Government's global strategy to transform the administration of the Generalitat and will allow for generational succession in government and the attraction and retention of talent [...] Among the objectives is also the professionalization of the public management function," defended the Government spokesperson, Sílvia Paneque, at a press conference. Now the law will have to be processed in Parliament and Paneque is confident of having "broad consensus". In parallel, the Government will develop the Statute of Professional Public Management, which will serve to implement the regulation.