Public Service Reform: Analysis of Georgia’s Experience

Abstract

The term bureaucracy was established by de Gournay in 1745. In 1905, Max Weber published the work “Protestant Ethic and the Spirit of Capitalism”, it is with this work that the origin of the theory of bureaucracy is connected. Weber formulated the principles of bureaucracy: pre-written rules, structure, schedule, division of labor, separation of private and public. He focused on the evils of particularism, which involves putting people in a superior position based on religion, gender or race. Bureaucracy in the modern sense is often used with a negative connotation and means overloading or delaying with procedural issues, although in reality bureaucracy is an administrative apparatus. Bureaucracy in the modern sense is often used with a negative connotation and means overloading or delaying the process with procedural issues, although in reality bureaucracy is an administrative apparatus. A modern successful state is to a large extent connected with the proper and disciplined public service. Weber believed that if the bureaucracy was based on the principles he presented, then it would be able to work successfully. Our research question is: how does the decentralization of the public service affect the proper functioning of the bureaucracy? A kind of hypothesis emerged, namely, the successful functioning of the public service is related to the proper functioning of the bureaucracy, which is largely due to the decentralization of the public service. The purpose of the study is to determine the role of the public service decentralization in the proper functioning of the bureaucracy. The objectives of the research are: 1. To evaluate the decentralization of the public service; 2. To investigate the peculiarities of the functioning of the office apparatus; 3. Determine the role of public service decentralization in functioning of the bureaucracy. In the research process, we used the theory of administrative decentralization as a theoretical framework, and as a research method, we selected the qualitative research method, expert and in-depth interviews. To select respondents, we used non-probability, targeted sampling.         What problems does the public service in Georgia face? The first is the delayed reform, which in turn causes many problems. In Georgia, the law on civil service was adopted for the first time in 1997, although it had a very superficial character. Civil service reform began in 2015, when a new law on civil service was adopted. It was launched on July 1, 2017. More than twenty years of time were wasted to even create a proper legal framework and create a legal basis for the reform. Despite the fact that a large number of people employed in public services have relevant qualifications, their competence is limited and this is largely related to the failure of the institutional and legal framework. People who are distinguished by the relevant competence leave the public service and move to the private sector due to high responsibility and low pay.            Important steps taken forward through the said reform are: separation of the concepts of state and public service, introduction of the system of evaluation of public servants (which applies to all four ranks of public servants and happens once every 12 months), detailed writing of the rules for admission to public service and abolition of the institution of temporary duty holder. Four types of public service were formed: 1. State service; 2. Professional public service; 3. Support and technical staff; 4. Freelance staff. There are 4 ranks of civil servants. Of these, the fourth or lowest-ranking civil servant is appointed to the position on the basis of an open competition, while an internal or closed competition is held to occupy the third, second and first ranks, where they can participate as current civil servants, as well as persons in the public service reserve or working on the basis of a contract. Twelve classes of civil servants have been defined, with the first class being the lowest and the twelfth being the highest. A class is assigned to an official for life and cannot be revoked.           There are the following main challenges in the public service, which create an obstacle in the development process: direct subordination of public agencies to the Public Service Bureau; Internal and closed competitions for three civil servant ranks and a 12-month probationary period. According to the mentioned law, all public agencies are subordinated to the Public Service Bureau, whose head is appointed by the government. Such practices create the threat of centralization and political influence. In the format of an open competition, only the fourth-rank civil servant is accepted, and for the vacancies of the other ranks, already active or reserve civil servants are nominated. To some extent, this creates a closed circle, but on the other hand, it justifies the principle of co-ordination established for public service. The probationary period of 12 months imposed on a civil servant can in certain cases become a heavy burden for those wishing to occupy the position of a civil servant, which leads to a lack of qualified personnel.