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12 October 1993
Doc. 6955
1403-7/10/93-2-E
REPORT
on Council of Europe staff careers
(Rapporteur: Mr STRIMITZER,
Austria, Group of the European People's Party)
Summary
For the Council of Europe to function harmoniously at this critical point of its development, it is important that it should be able to rely on a highly motivated Secretariat. But its staff are frustrated by the obstacles in the way of their career progress. With a view to palliating this situation to some extent, the ultimate solution doubtless depending on comprehensive structural reform, this report puts forward various proposals for the provisional elimination of certain kinds of discrimination. The proposals relate in particular to duties and grades, staff assessment, transfers and promotions panels and training. In any case, any reform, however limited, should be the subject of agreement between the Administration and staff representatives and be based upon the criterion of officials' merit.
I. Draft recommendation
on the improvement of Council of Europe staff careers
1. The Assembly devotes special attention and attaches particular importance to the working conditions and career situation of the Council of Europe Secretariat, as evidenced by its positions previously expressed inter alia in Recommendations 944 (1982), 1000 (1984) and 1102 (1989) and in several resolutions, opinions and orders.
2. It considers that the Council of Europe's efficiency and image partly depend on the staff in its service, and that it is important to have high quality staff, highly motivated in the performance of their duties, which remain very much a vocation. Careers are a highly significant attraction during the recruitment of new staff and play a very important part in staff motivation.
3. It has to be said, however, that, although some progress has been made, some problems, which have worsened as time has gone by still arise, and may be further aggravated as Secretariat staff numbers increase and might even jeopardise the organisation's harmonious operation at a crucial point of its development.
4. As the present career system and regulations are too rigid, there is every reason to revise them and shape them as appropriate to the current situation. This will have to be done by mutual agreement between the parties concerned, the Administration and staff representatives. The participation of representatives of other organisations in the groundwork might make a positive contribution to the debate.
5. Any reform undertaken should be based upon the principle of officials' merit, an element which has to be neutrally and objectively assessed and must be the point of reference for any new careers policy and for improved staff management.
6. This being so, certain difficulties and some measures having discriminatory effects might be provisionally palliated through limited reforms enabling some of the present obstacles to be eliminated, especially where advancement and promotion are concerned.
7. With this in mind, the Assembly recommends that the Committee of Ministers make the changes described below at the earliest opportunity:
A. In respect of duties and grades:
i. twin the first three grades in categories B, C and L, as has already been done for category A posts. In category L, identical duties are performed in all three grades. In categories B and C the duties differ, but insofar as candidates meet the required conditions, promotion should not depend on a post becoming vacant;
ii. twin the higher grades (4 to 6) in categories B and C, for the same reasons as set out at i. above;
iii. extend the twinning of the first three grades in category A to grade A4, the duties performed being virtually identical;
iv. allow any staff member meeting the required conditions to apply for any vacant post, even those to be filled from within the Organisation, irrespective of the category of the post. The present rule, according to which upper B grade staff may not apply for category A posts to be filled from within the Organisation unless the Secretary General expressly decides to make use of a special procedure, does not seem to need to be retained;
v. make more flexible, in any case, the over-strict conditions currently applied to movements from category B to category A (ten years' service, four of them in grades B4 to B6), using the procedure referred to at iv. above;
vi. give consideration to the awarding by the Secretary General of merit steps and, where applicable, of promotions ad personam, in accordance with objective conditions to be mutually agreed between the Administration and the staff representatives.
As well as improving officials' promotion prospects, these measures would have the advantage of simplifying staff management (simplified careers and fewer, simpler promotion procedures, reduction in numbers of temporary staff) and greater efficiency (fewer vacant posts).
B. In respect of staff assessment:
i. speedily adopt new staff assessment regulations, providing for a provisional period of application and a system of review prior to final adoption and avoiding the obstacles which have prevented the regulations on assessment from being implemented;
ii. involve in the groundwork not just representatives of the Council of Europe staff, but also those of other international organisations (United Nations, OECD, European Community) having useful experience in this field;
iii. make provision for staff members undergoing assessment to play an active part in the evaluation procedure, including periodical discussions with their superiors, and giving them the opportunity to complete their training for the posts held;
iv. make a system of this kind universal and applicable to all staff, whatever their grade and category;
v. make provision for an arbitration procedure to settle any disputes arising between officials undergoing assessment and their superiors and for an ad hoc joint committee comprising representatives of both the Administration and the staff.
C. In respect of transfers and promotions panels, it seems necessary to alter their composition in order to achieve:
i. greater flexibility in the light of the posts to be filled;
ii. more balanced participation by staff representatives.
D. In respect of training, increase the funding available, giving officials, in the interest of the Council of Europe, opportunities to add to or update their qualifications. Training is one of the items taken into account in assessments of candidates' merit, which is to be the central element of the proposed reforms.
E. In respect of recruitment, invite external candidates to apply only for start-of-career posts and, where applicable, for posts of director (A7).
II. Explanatory memorandum
by Mr STRIMITZER
Contents
Page
I. Introduction 5
II. General considerations on staff careers 7
1. In national civil services 7
2. In international civil services 8
3. In the European Communities 12
III. Staff careers at the Council of Europe 13
1. Current situation and problems 13
2. Proposals by the Staff Committee and the trade union and professional organisations 16
3. Plans put forward by the Administration (Personnel Division) 19
IV. Proposals 19
V. Conclusions 24
I. Introduction
The situation of staff at the Council of Europe, and in particular their career prospects, has been a matter of concern to the Parliamentary Assembly for several years. Career prospects are a very important factor, along with others, in any civil servant's professional motivation, but more especially in the case of an international civil servant who has left his country of origin and for whom the international civil service must be sufficiently attractive and offer advantages that compensate for the disadvantages which his expatriation may entail and for the weakness of his legal position.1 One of these compensating factors is precisely the availability of attractive career prospects.
With the aim of promoting stimulating working conditions for the staff of the Council of Europe as a guarantee of the Organisation's efficient functioning, the Committee on the Budget and the Intergovernmental Work Programme and, in particular, its Sub-Committee on the European Civil Service are engaged in a study of national and international civil services, with particular reference to staff careers and how they compare with the situation at the Council of Europe.
In this connection, it is worth recalling the various activities undertaken by the committee in the last few years, without forgetting the Parliamentary Assembly's constant involvement and its public pronouncements, such as Recommendation 1000 (1984) on the European civil service.
Among other things, the committee has already considered and discussed various documents on the following subjects:
—co mparative study of the main aspects of the staff regulations of the Council of Europe and the European Community (1986);—
—th e situation of Council of Europe staff having regard to Recommendations 944 (1982) and 1000 (1984) of the Parliamentary Assembly (1988);—
—st aff careers at the Council of Europe (1989);—
—th e results of the Working Party on Careers (1990);—
—re port on careers within the European Communities and the co-ordinated organisations (1990);—
—ca reers in the international civil service, particularly in the United Nations system (1990);—
—ca reer service: a comparative perspective on civil service promotion (1990);—
—pe rformance appraisal system for the Council of Europe (1992);—
—ac tivities of the Administration and staff policy at the Council of Europe in 1992 (1993).In
In this field, the committee has on various occasions held discussions not only with the Secretary General of the Council of Europe, the Director of Administration and the Head of Personnel Division but also with representatives of the Staff Committee or of the Council's trade union and professional organisations.
The committee has ascertained that problems still exist in the careers field despite the efforts already made. However, it will probably not be possible to resolve these difficulties quickly given the existing structures and regulations, which lead to rigidities in career development, the division of staff into categories and grades and the number of staff on the establishment, resulting from the recruitment measures adopted hitherto and the bleak budget prospects for the years ahead, and the hierarchical organisation characteristic of all administrative structures.
The committee believes, however, that progress can continue to be made, enabling some of these difficulties to be gradually resolved. Various aspects having an influence on staff careers may be considered, such as duties and grades, advancement and promotion, assessment or training. To this end, the report puts forward some proposals which the Committee on the Budget and the Intergovernmental Work Programme believes could help to achieve progress on this question.
II. General considerations on staff careers
1. In national civil services
In this connection, reference may be made to Mr F. F. Ridley's report on the notion of a career civil service.
Two systems may be identified, one career-based (which is that applied in such countries as France and Great Britain), the other job-based (more common in smaller countries).
Career-based systems impose an institutionalised civil service structure on the Administration and have the following characteristics: professionalism of civil servants, recruitment based on general qualifications, recruitment early in life with security of tenure, a regularised system of promotion, an organisation of personnel distinct from the organisation of offices, a generalised grading system, etc.
The implementation of such a system depends, however, on a variety of factors, such as the structural obstacles to mobility, the fairness of promotion procedures, the role of personnel management in the deployment of staff, training opportunities, degree of openness of the service to mid-career entrants, and the extent to which top posts are discretionary and political appointments.
As regards the structure of the service, most European career-based civil services have in common a system of horizontal classes covering different types of work (direction, policy-making, management, secretarial services). These classes often constitute distinct career groups because different educational requirements create promotion barriers between them.
In many cases, civil services are also divided into vertical (functional) categories, with recruitment on the basis of the particular (technical) expertise required for given tasks. Such divisions also restrict career mobility and, in some countries, have led to the creation of corps of specialist civil servants. Although such structures may facilitate careers within each corps, they in fact create promotion difficulties from the point of view of the civil service as a whole.
Generally speaking, all barriers to vertical or horizontal mobility have disadvantages, especially to the extent that they create frictions within the civil service and have effects on staff morale and capabilities. The question of promotion procedures is central to the idea of a career-based service. Systems are generally formalised and embodied in law. Broadly speaking, there are two models: promotion by appointment to a higher level administrative post or promotion to a higher service grade. In the former case, the grade is attached to the post, in the latter it is attached to the person.
In the former case, promotion is only possible on appointment to a higher-level post, thus requiring a vacancy. In the latter case, a separation exists between service rank and the office held, so that posts at the same level may sometimes be filled by officials of different grades, while officials of the same grade may occupy posts at different levels of the hierarchy. This system has the advantage of allowing promotion on merit and giving a certain flexibility to the promotion system. Its major disadvantage is the risk of excessive promotion.
A limit to this system may be found in the politisation of discretionary appointments to some top posts. As well as politising the civil service, this practice may make it less attractive by removing top posts from promotion.
Another characteristic of the career-based civil service is job security. Having said that, it is possible to enter or leave it in mid-career, although all mid-career recruitment undermines internal promotion prospects, thus making the civil service less attractive.
Lastly, the advantages of a career-based civil service also include regularity of promotion and flexibility of personnel management. Possible disadvantages include bureaucratisation and lack of initiative.
2. In international civil services
A. In the United Nations system
The civil service of the United Nations organisation and other organisations applying the same system puts the emphasis more on flexibility of types of appointment, although it remains attached to the career principle. According to the Joint Inspection Unit, a career consists of the following elements:
a. job security;
b. machinery making it possible to achieve a minimum grade and pay level by the end of one's career;
c. methods introducing a degree of fairness into the assessment of professional qualities;
d. in-service training opportunities, and possibly opportunities for transfers or job rotation;
e. possibilities for staff members to participate in the definition of career development;
f. the right to a pension.
Among the components of a staff management system which should define an effective careers policy, the Joint Inspection Unit lists the following:
a. standard career paths in clearly defined occupational groups;
b. equitable promotion opportunities and an average rate of advancement that is known beforehand for each occupational group;
c. lists of occupational groups as a basis for standard career paths.
The career concept presupposes in any event a certain minimum length of contracts and its application is hindered by fixed-term contracts, although the current trend is in that direction.
A number of arguments are put forward in favour of contracts of limited duration:
a. the need for flexibility of the international administrative system, particularly in the case of scientific and technical organisations;
b. geographical rotation of posts;
c. greater openness of recruitment to candidates from the Third World;
d. specific characteristics of very senior posts;
e. inherent need to recruit highly qualified staff on an ad hoc basis;
f. regular checking of staff members' professional qualities;
g. prevention of routine by opportunities for mobility and the injection of fresh talent;
h. exchanges of civil servants between international institutions or with national civil services;
i. retraining in the countries of origin;
j. constant intermingling of values and personalities;
k. adjustment of posts from the functional, qualitative and financial points of view and management of priorities;
l. limited duration of projects and expert reports;
m. recruitment of auxiliary staff and penalisation of
poor performance.
The Federation of International Civil Servants' Associations is in favour of the career system on such grounds as the independence of civil servants from all external authorities, the continuing nature of jobs and also budgetary considerations. The following arguments may also be advanced:
a. need to perpetuate the international civil service;
b. guarantee of international civil servants' political independence and integrity;
c. job security for civil servants and attractiveness of the international civil service to the best candidates;
d. improvement of initial selection methods;
e. usefulness of stability and on-the-job training;
f. internal promotion;
g. development of job classifications;
h. promotion and institutional solidarity;
i. difficulty in keeping the best elements;
j. congestion of departments managing non-career staff;
k. building up of a "memory" of the organisation;
l. growing demands from trade union organisations and staff associations.
Where advancement is concerned (there being no right to promotion in the international civil service, since the procedure, although regulated, involves a discretionary decision), two methods usually exist side by side: advancement by seniority (move to a higher step at predetermined intervals) and advancement by selection, which involves various procedures for assessing candidates' professional merit as objectively as possible.
Performance appraisal should be regarded as a right of staff members. Performance is normally assessed by the staff member's immediate superior. The frequency of these assessments varies, but they should be carried out regularly. As a rule, the higher grades are excluded from the reporting system.
At the United Nations, performance appraisal consists of two elements: a rating of the staff member's professional knowledge and abilities, and a section on leadership qualities. The report is brought to the attention of the person concerned, who may contest it. A problem arises, however, with regard to the uniformity of assessment and promotion methods, which entail a certain degree of subjectivity.
In conclusion, one cannot really speak of a careers structure at the United Nations as a staff member's career progress always depends on the existence of vacant posts at a higher level and is made more difficult by the predominance of fixed-term contracts.2
B. In the co-ordinated organisations
The problem of striking a balance between contracts of fixed and indefinite duration also arises in the co-ordinated organisations (OECD, NATO, WEU, ESA, ECMWF, Council of Europe). The former are necessary to fill certain posts requiring special technical knowledge, while the latter offer better career prospects and greater continuity.
Generally speaking, in these organisations, the first appointment is on the basis of fixed-term contracts of variable length. These are often followed by contracts for an indefinite period. In addition, all the organisations require staff members to complete a probationary period in the first months of their appointment. The Council of Europe differs from the other co-ordinated organisations in that appointment is generally linked to a permanent post by a contract of indefinite duration.
In all the co-ordinated organisations, the different categories of grades (A, L, B and C) correspond to different types of posts (and levels of remuneration). These categories are themselves divided into grades, which are further divided into steps corresponding to length of service. In general, each grade corresponds to specific posts or functions. In some cases, grades are twinned, with the result that some posts may be filled by staff members of different grades.
Recruitment takes place at the lower grades and steps representing the start of a career. Posts in the higher grades may be filled by internal competition, which is the most common procedure, or by external recruitment. In the case of the top managerial posts, discretionary criteria are usually applied.
Normal advancement in step within a grade takes place virtually automatically, when the conditions of length of service have been fulfilled, and entails an increase in salary. Exceptional advancements in step are sometimes possible in particular cases. They are in fact akin to promotion and depend on an assessment of the staff member's merit.
In all the organisations, the staff member's immediate superior periodically draws up an assessment report, which is usually forwarded to the staff member concerned. It is this report which, among other things, is used in promotion procedures. In some organisations, however, little or no use is made of the system.
Promotion, which, as a stimulus to attract new recruits and an instrument of staff motivation, is an essential component in a career, makes it possible to move from one grade or one category to another, but is in fact relatively rare. There is no direct and automatic link between merit and promotion, the latter only being possible if there is a vacant post at a higher grade.
Some organisations have instituted a different system of promotion, in the form of exceptional advancements or awards.
The application of certain criteria for balance among staff, in terms of nationality or sex, may also have an influence on promotion measures.
Staff training should be viewed not only as a means for staff to extend their knowledge and for administrations to have the benefit of a more highly skilled staff, but also as a way of promoting careers.
Most organisations have become aware of the value and importance of training and have developed training programmes geared to their own efficiency targets.
3. In the European Communities
The staff regulations of the European Communities are similar to those of the Council of Europe. In fact, although they employ different means, both organisations pursue the same aim: the building of Europe. One can therefore speak of a European civil service, a characteristic example of which are contracts of indefinite duration (after a probationary period).
The common features include an independent power to make appointments, which, in the Communities, is vested in each of the institutions, despite uniform staff regulations. Posts are divided into five categories (A, LA, B, C and D) according to the nature and level of the duties involved and, within these categories, into grades corresponding to different levels of responsibility.
One special feature is the separation between grades and duties, except at the highest grades, greater emphasis being laid on a careers policy: the posts correspond more to the idea of "basic posts", with highly standardised formal job descriptions. Within the categories, posts are divided into career brackets usually containing two grades.
Advancement takes place automatically according to length of service. Promotion depends on a minimum period of service and the candidate's merit, although in practise the latter is not sufficiently taken into account. Periodic assessment of staff members by their immediate superior gives rise to performance reports which must be taken into account in promotion procedures. It should be noted that, in view of the large number of posts, promotion possibilities are greater in the European Communities.
Provision is made for staff training in so far as it is compatible with the proper functioning of the service. It is interesting to note that this includes staff exchanges, for limited periods, with national administrations. In practice, however, training is not really taken into account in career development.
III. Staff careers at the Council of Europe
1. Current situation and problems
A. Duties and grades
According to Article 4 of the Staff Regulations, each post carries a grade. The different grades are divided among four categories in accordance with the system in force in all the co-ordinated organisations:
a. category A, comprising staff engaged in administrative, planning and research duties;
b. category L, comprising staff engaged in interpretation and translation duties;
c. category B, comprising:
— staff engaged in executive and supervisory duties;
— staff engaged in secretarial or clerical duties;
d. category C, comprising staff engaged in technical, manual or service duties.
Authority to make appointments lies with the Secretary General, who appoints each staff member and assigns him to a post in his category corresponding to his grade (Article 11 of the Staff Regulations).
Contrary to the general rule, and to facilitate career progress for staff members performing similar duties, grades A1, A2 and A3 have been twinned, thus enabling staff members to move automatically (provided the conditions relating to length of service and professional experience are fulfilled) from one to the other without the need for a vacant post in the higher grade (Article 24 of the Regulations on Appointments).
Where recruitment is concerned, Article 12.2 of the Staff Regulations stipulates that, when vacancies are being filled, due allowance shall be made, inter alia, for the qualifications and experience of serving staff members. As a rule, vacancies in category A representing the start of a career are filled by outside recruitment or transfer.
Although the twinning of A1, A2 and A3 posts has partly solved the problems arising at the start of a career in category A, a problem remains with regard to the move to grade A4 posts, whose duties are often similar to those performed at lower grades.
Furthermore, it may be regarded as a form of discrimination that no grade twinning has been introduced for the other categories of staff (L, B and C) although, here too, the duties performed at different grades sometimes coincide.
B. Advancement and promotion
Within the same grade, advancement from one step to the next takes place automatically when the conditions relating to length of service are fulfilled. This advancement requires no particular procedure and does not depend on a post being vacant.
According to Article 21 of the Staff Regulations, promotion consists in the appointment of a staff member to a post in a higher grade. Article 22.1 of the Regulations on Appointments specifies that a staff member may be promoted only to the grade immediately above his present one. As this same article points out, in paragraph 2, the main factor taken into account in this procedure is merit.
The Secretary General also has a special procedure at her disposal, subject to the opinion of the Budget Committee and a decision of the Committee of Ministers, which is the upgrading of posts. This upgrading of posts according to changes in the duties involved may indirectly, by creating a post of a higher grade, permit a staff member's promotion to that higher grade.
Furthermore, at the Secretary General's request, the Minister's Deputies have adopted amendments to Articles 12 of the Staff Regulations (recruitment policy) and 22.2 of the Regulations (internal competition) whereby, in the event of equal merit as between a male and female candidate, preference will be given to the candidate of the sex under-represented in the grade or category of the vacant post. This measure is designed to achieve a balance between the sexes in the various grades and categories (for example, the small proportion of women in category A).
However that may be, the link between grade and post raises a problem from the point of view of careers. This means that one cannot move to a higher grade unless a post of that category has become vacant. The consequence of this is the slowing down of careers, which, ultimately, do not depend on the staff member's abilities, qualifications, experience or merit, but on whether or not a post is vacant in the higher grade.
The only exception in this regard, enabling the problem to be partly remedied, is the twinning of grades A1, A2 and A3, which enables a staff member to be promoted to the higher grade without any need for a vacant post. This possibility is provided for in Article 24 of the Regulations on Appointments.
The problem referred to is a real issue at the Council of Europe, a small organisation unable to offer a sufficiently wide range of posts to guarantee all staff members a satisfactory career. The situation has grown worse, and is likely to continue to do so, owing to the budget restrictions which hamper the creation of posts or even make it impossible.3 This results in a succession of bottlenecks in each grade, slowing down and sometimes even completely blocking career progress.
Another measure which may be regarded as discriminatory concerns staff of grades B4, B5 and B6, who, although they may have the required qualifications, cannot apply for an A2/A3 post unless the Secretary General decides expressly to have recourse to a special procedure reserved for them (Article 23.2 of the Regulation on Appointments).
Furthermore, although Article 22.2 of the Regulations on Appointments lays down objective criteria for promotion (merit, grade, seniority, length of service), the fact is that some staff members obtain quicker promotion according to the department in which they work, as the creation of new posts, for example, may benefit some departments more than others. The effect of this is to create a de facto inequality with regard to real promotion prospects.
C. Assessment
As has already been mentioned, all promotions are based principally on merit. To be able to consider this criterion in an objective manner, it is important to have a neutral, objective and periodic method for assessing staff members' abilities and qualities. Such a method exists at the Council of Europe.
Article 22 of the Staff Regulations stipulates that staff shall be assessed during the probationary period and after confirmation of appointment. In the former case, Article 19 of the Regulations on Appointments requires the staff member's immediate superiors to report on his performance two or three times depending on whether the probationary period is one or two years. These reports are made known to the staff member, who receives a copy during an interview with his superior. The staff member may make observations in writing. The report is sent to the Secretary General along with the staff member's comments (if any).
A specific set of regulations deals with the assessment of staff after confirmation in post. These regulations stipulate that Council of Europe staff members shall be subject to an assessment report at least every two years after such confirmation. The assessment report is drawn up, following an interview with the staff member concerned, by the immediate superior. The staff member is given a copy of the final assessment report at an interview with the assessors. He may submit comments in writing. The report is sent to the Head of Personnel Division together with any comments. It forms part of the staff member's personal administrative file.
In theory, therefore, the question of staff assessment is well regulated and should not give rise to any problems. Experience shows, however, that for various reasons (shortage of time or staff, fear of bias, relations between colleagues) these assessment reports are not drawn up, except for staff in their probationary period, the assessment report being necessary for their confirmation in post. Monthly reports are also drawn up for staff members to whom the Secretary General applies the dismissal procedure provided for in Article 23 of the Staff Regulations. This is merely a practice, not a legal obligation.
All this means that, in actual fact, contrary to the statutory requirements, promotion procedures take place either in the absence of the evaluation material which the assessment reports should supply or, if there were to be such a report, in a situation of positive discrimination vis-ŕ-vis the staff member concerned in relation to others.
D. Training
In a careers system based on merit (comprising, inter alia, professional qualifications), the possibility of attending one or more training courses during a career offers staff members not only the opportunity to improve their skills, but also better promotion and career prospects. Hence the importance which should be attached to training in staff policy.
For this purpose, Article 53 of the Staff Regulations provides that the Secretary General shall take the necessary steps to promote staff training in consultation with the Staff Committee, with the aim of maintaining and increasing the ability of staff to discharge their duties.
Depending on annual training plans, and within the limits of the available budgetary appropriations, staff members may submit a request for training to Personnel Division, which, as far as possible, will see to it that the request is granted. This training is intended both for new staff members, to facilitate their professional integration, and for others, by way of in-service training. Training courses cover such subjects as language learning, communication, management, computing, etc.
However, despite the statutory provisions and the interest shown by the Secretariat, the resources allocated to training by the Committee of Ministers are not sufficient to enable all the desired training activities to be organised, although one may note an increased awareness of the problem and an improvement in the situation over the last few years. The budget for training rose from 945 000 French francs in 1991 to 1 523 000 French francs in 1992 and 1 827 000 French francs in 1993. However, this amount is still insufficient, leaving room for further progress.
2. Proposals by the Staff Committee and the trade union and professional organisations
A. Staff Committee
The Staff Committee, the statutory body representing the staff of the Council of Europe, monitors the various issues concerning the staff, and particularly that of careers.
In this connection, it believes that no mechanism for improving careers is possible without an overall career plan. Such a plan would comprise several aspects, one of the most important being a new staff assessment system.
The Staff Committee criticises the rigidity of the link between grade and post and the failure to recognise staff members' merits (lack of an effective system for assessing their performance), as well as the lack of promotion criteria and the insufficiently open nature of the procedures. Furthermore, it has asked for newly created or vacant posts to be filled on a priority basis by internal candidates, where necessary by means of a transfer from one category to another. In this connection, it has asked for a certain number of posts to be set aside each year for staff members moving from category B to category A.
Confirmed in its views by a survey carried out among the staff in December 1992, the Staff Committee drew up proposals for submission to the Administration. The main proposals regarding careers are:
—th e provision of objective information, enabling panels to operate more efficiently;—
—up dating of job descriptions and profiles;—
—ap plication of an objective assessment system;—
—dr awing up of career plans.Wh
Where training is concerned, it welcomes the increase in funds, but regrets that they are still insufficient. It participated in the preparation of the 1992-93 training programme, taking into account the wishes of the staff, who had previously been consulted.
The Staff Committee has on several occasions criticised the slow progress made by the Administration in the task of revising the Staff Regulations and the other regulations concerned.
Lastly, the Staff Committee has rightly requested a permanent dialogue with the Committee of Ministers, the real legislative body where the staff's conditions of employment are concerned, in plenary session where desirable, but especially through the involvement of staff representatives in the work of the Deputies' Rapporteur Group on administrative questions.
B. Council of Europe Staff Trade Union
On 28 June 1990, in response to the demands put forward over the previous few years and the changes under way in the Organisation, the Council of Europe Staff Trade Union signed a "Social Progress Contract" with the Secretary General. The agreement sets out various objectives and measures concerning the staff of our Organisation.
One of the priority issues mentioned in this agreement is that of careers. The stated aims are to:
—se cure a satisfactory and motivating career plan for all categories;—
—de vise an equitable assessment system;—
—en courage each year the early retirement of a small number of staff.As
As regards vocational training, another issue regarded as a priority, the agreement says that it should be linked more closely with dynamic management of human resources and should be based on an analysis of the skills required in the short and medium term. The agreement also calls for the allocation of increased resources to:
—co mputing and new technologies;—
—ma nagement;—
—la nguage learning;an
and the negotiation of training courses with national and international administrations.
After the first two years of implementation, the union considers that the objectives have only been attained to a very small extent. Where careers are concerned, it regrets that no real progress has been achieved. Despite vacancies and creations of posts which have offered opportunities for promotion, there is still no careers policy.
As regards the development of a new staff assessment system, the union considers that it would only be conceivable within the framework of a careers system.
C. European Civil Service Federation (FFPE)
The European Civil Service Federation also emphasises the development of an overall careers system to reform the relevant provisions in the various fields (Staff Regulations, other regulations) can be tackled.
The FFPE would have liked such a system to be the subject of a detailed study involving consultation. However, five years have gone by and the Administration has still not convened a joint working party of the Staff Committee, the trade union and the FFPE to look at the matter although for some months now there has been a working party on a relevant, though extremely narrow aspect of it, staff assessment.
As far as careers are concerned, the FFPE believes that any plan must emerge from detailed discussions between all the parties concerned. However, it would point to some aspects of career structure which warrant close consideration so that thought can be given to appropriate remedies as soon as possible.
a. The discrimination between category A (in which grades A1 to A3 are twinned) and the other categories, in which there is no such arrangement, needs removing, as does
b. inequality of career progress, as between different parts, and indeed departments, of the Council. Staff in departments whose funding is constantly on the increase make lightning career progress whereas staff in less prominent departments have to wait years for promotion despite being equally deserving.
c. Staff confidence in the panel arrangements needs restoring. A recent survey showed that the vast majority of staff do not think the panels functions impartially or satisfactory.
d. Decisions need taking once and for all on certain basic matters with a bearing on staff careers. For instance, is the emphasis to be on specialisation or versatility? At the moment the emphasis in vacancy notices shifts from one to the other all the time depending on the job, the particular director's feelings on the matter and other considerations.
3. Plans put forward by the Administration (Personnel Division)
Within the general framework of staff policy, the Administration deals with various issues, one of which is upgrading of the Organisation's human resources. Being unable to develop those resources sufficiently from a quantitative point of view, following the considerable new demands made on the Secretariat as a result of the recent political upheavals in Europe, it is concentrating on their qualitative improvement, particularly in terms of recruitment.
Where staff careers are concerned, the Administration wishes to loosen the close link between grade and post (definition of standard duties independent of grades) in order to facilitate career progress according to merit. It says that it is aware of the bottlenecks existing as a result of imbalances in the grade pyramid. To remedy this problem, it is proposed, inter alia, to readjust the distribution of grades in each category, in particular by grouping certain grades together and promoting advancement on merit.
In this connection, it is studying as a matter of priority the setting up of a staff assessment system in co-operation with the representatives of the staff. The system should be based on the ideas of dialogue, support and improvement and should permit both greater openness in appointment procedures and more efficient management of human resources.
The Administration is also studying the changes to be made to the promotion procedure, on the basis of merit and a minimum period of service in the grade. The possibilities of promotion from one category to another are also to be reviewed.
Where training is concerned, the Administration regrets that insufficient funds are available, but is endeavouring to alter the focus of training policy in order to facilitate staff mobility and careers and adapt the Secretariat to the new challenges.
To deal with these questions, the Administration has set up several working parties on which the staff is represented, and in particular a working party on the revision of the staff assessment system, whose work should be completed by the end of 1993.
In the 1993 budget, the Committee of Ministers has accepted the Secretary General's proposals regarding the reinforcement of Personnel Division, which should enable progress to be made on the various outstanding questions, such as that of careers.
IV. Proposals
In view of the current situation and the problems raised with regard to career prospects at the Council of Europe, the Parliamentary Assembly is alive to the difficulties encountered by Secretariat staff, many of whom, in all categories and grades, are confronted with a lack of career development which is a source of frustration and demotivation. This is a particularly serious matter in the European civil service, which is of a highly vocational nature and is committed to the accomplishment of a unique and important task: bringing the peoples of Europe closer together.
In this connection, as it has done on several occasions in the past, the Assembly is showing its concern about the Secretariat's working conditions by calling for a real European civil service, which is justified not only for practical and professional reasons, but also for political reasons, in view of the aim pursued: European union. Moreover, it should be remembered that, like any international civil service, it exhibits specific characteristics, which differ from those of national civil services.
As regards careers, the Assembly is satisfied with the intentions expressed and measures already taken by the Secretary General, which, although insufficient, point in the desired direction. The current situation is clearly the result of a difficult heritage, of staff policies unsuited to today's problems and needs, and of many years of low budget growth, which have made it impossible to rectify the situation. However, an effort should undoubtedly be made to build on the changes which have already begun so as not to take the risk of triggering demotivation among the staff, which could prove serious for the Organisation's future.
In the current situation of budget restrictions, however, care should be taken not to commit, in staff matters at least, the same mistakes as in the past, which could lead to a blockage in career development within the Organisation. We are currently at a juncture where, thanks to the improvements obtained of late in budgetary and staff matters (increase in numbers concurrently with the enlargement of the Organisation), it would no doubt be possible to implement reforms enabling careers policy at the Council of Europe to be restructured.
For this purpose, this report puts forward proposals which will perhaps be able to contribute to an improvement in the situation, resulting in greater staff motivation and, hence, increasing the Organisation's efficiency.
With regard to duties and grades, the differentiation between categories in the matter of twinning should be discontinued as it could be interpreted as a difference of treatment and a form of discrimination between categories. It is important to maintain a sense of unity, a certain esprit de corps, within the Secretariat. As twinning only exists for the three grades in category A (managerial and administrative staff) representing the start of a career, the same opportunities are not offered to staff in other categories.
Admittedly, the identical job description for the first three grades of category A facilitates a virtually automatic move from one grade to another. Although such a move does not depend on the existence of a vacant post in the next grade up, it takes place following a promotion procedure in which a panel reaches a decision on the basis of the staff member's merit. However, this procedure may not be fully objective if the assessment reports concerning that staff member have not been drawn up. It would be necessary to emphasise the need for an objective evaluation of this kind to be able to ensure continuity of careers from a position of total neutrality and on the sole basis of the candidates' merit. We shall return to this point.
This grade twinning to which reference has just been made does not exist at present in the other categories, although in the case of category L (linguistic staff), the duties of the first three grades are also identical. This should make it possible without undue difficulty to introduce twinning between these three grades in the same way as for category A (panel, evaluation of candidates' merit and length of service, etc.).
On the other hand, as regards category B (intermediate-level administrative staff, clerical and secretarial staff) and category C (technical and service staff), with reference once again to the grades representing the start of a career, the duties corresponding to each of these grades are different, as are the qualifications required. Nevertheless, to offer staff in those categories better career prospects, it would no doubt be conceivable to twin the first three grades of categories B and C. This should of course be done in such a way as to maintain and preserve the duties specific to each of these grades, but provided the staff member concerned fulfilled the prescribed conditions and had the necessary qualifications, he would be able to continue his career unhindered and without it depending on a post becoming vacant in the higher grade.
Furthermore, in keeping with this same spirit of improving career prospects by eliminating the current logjams, it seems possible to envisage the creation of a second series of grade twinnings in categories B and C, as regards the higher grades (4 to 6), naturally while maintaining the previously mentioned general criteria of merit and length of service.
Moreover, where category A is concerned, in addition to the existence of a logjam between grades A3 and A4, another fact warrants consideration: the duties performed by the staff of these two grades are ultimately very similar, or even identical in the case of principal administrative officers (secretaries of committees or steering committees), length of service and experience being the only areas where any real difference is possible. This observation leads us inevitably to propose the extension of twinning up to grade A4. This would have the effect of restoring a balance in the intermediate grades of category A, which is made even more necessary by the recruitment of new staff members as career starters, particularly from the countries of central and eastern Europe.
Another conceivable possibility would be for the Secretary General to award extra steps on merit, subject to conditions which would be laid down (for example, one step per grade, after a minimum of five years in that grade), for particularly deserving staff members. In the absence of promotion within a reasonable period, in view of the logjams existing, these staff members would nevertheless be rewarded.
The various logjams mentioned above have become, and will become, greater still as a result of the policy of no longer granting upgradings of posts (with so-called "political" exceptions). In some cases, this practice made it possible to solve certain isolated problems. Measures to restore the balance of the careers pyramid should therefore be taken as a matter of urgency. If not, there will be a danger of complete paralysis in career development.
It is true, however, that the above proposals may present a major disadvantage, which is that of their financial cost. However, this problem could be largely solved through appropriate measures regarding the promotion procedures to be adopted. For example, it could be offset by a more reliable and more demanding procedure for assessing staff members' merits. The periods of service required for moving from one grade to another might also be phased so as to permit gradual implementation of the measures proposed. In any case, the financial cost should not be regarded as the major factor in this field.
It should also be borne in mind that the introduction of such measures as those proposed above would greatly facilitate the work of staff management by simplifying careers and promotion procedures and by reducing the number of such procedures.
Where promotion procedures are concerned, the current criteria, which are basically valid, should be adapted to make them totally objective and unchallengeable, which is not always the case. As has already been mentioned, it is the Secretary General who is vested with the power to make appointments and who decides in the light of the recommendations made by the Transfers and Promotions Panel, which bases its appraisal not only on the candidate's merit as such (professional qualifications and skills, experience, performance, seniority), but also on the requirements of the post applied for. According to the Regulations on Appointments (Articles 22 and 22 bis), merit is the main criterion adopted, the others being sex (in the event of under-representation in the grade, merit being equal), grade, seniority or length of service.
The Panel bases its appraisal mainly on the staff member's administrative file, which is supposed to contain, among other things, the assessment reports concerning him. As these reports are not drawn up in practice, the panels cannot take their decision in a totally objective manner. Steps should therefore be taken to ensure that this assessment system is actually implemented in accordance with predetermined criteria in order to provide the panels with evaluation instruments and guarantee staff members an impartial selection procedure.
It might also be necessary to alter the composition of the panels, which may not be entirely satisfactory at present. In the absence of objective information on the candidates, panel members can only express an opinion on the basis of subjective elements related to their personal or indirect knowledge of the candidates. At best, even if they have a candidate's assessment reports and are therefore able to judge his real value and merit in relation to his current post, some members of the panel may have difficulty in evaluating the candidate's abilities in relation to the post to be filled.
According to Article 14 of the Regulations on Appointments, the Transfers and Promotions Panel comprises:
—th e Director of Administration;—
—tw o staff members of grade A7 or A6;—
—th e Head of Personnel Division;—
—a member of the Secretary General's Private Office;—
—th e Director or Head of Department responsible for the post to be filled;—
—tw o staff members appointed by the Staff Committee.Wi
Without wishing to prejudge the merits of such a membership (including as many as four directors), perhaps one should consider whether it is sufficiently satisfactory in practice and for all possible cases. Perhaps the membership of the panel should be modified or extended according to the requirements of particular cases. It could perhaps vary according to the post to be filled, or there perhaps could be a different balance between representatives of the Administration and representatives of the staff.
Furthermore, although any staff member can enter an external competition, which is a good thing, particularly when we are confronted with difficulties of progress in mid-career, the fact remains that, in practice, this same possibility is not open to all staff members, particularly where a change of category is involved, in internal competition procedures.
As has already been stated, staff in category B cannot apply for a post in category A unless the Secretary General takes a special decision to that effect, although they may have all the qualifications required for the post to be filled. If merit is to be the sole criterion, a rule of this kind should perhaps be reviewed to enable candidates of other categories to apply for posts in category A, at least by relaxing the length-of-service conditions currently laid down for staff in grade B (ten years' service, including four in grades B4 to B6).
In this context, it would also be necessary to rethink the reporting system so that it is actually applied, and so that it is applied according to more objective and participatory criteria than at present. If we want to take account of staff members' merit, and especially if we want promotion to be based on this principle, staff assessment becomes inseparable from the careers system, while at the same time permitting better management of human resources.
The setting up of a study group within the Secretariat would enable progress to be made on this reform. Such a group should be composed of equal numbers of representatives of the Administration and the staff. With a view to obtaining a concerted result, the inclusion of representatives of the trade union and professional organisations would seem desirable. The participation of experts from other international organisations, such as the United Nations, the co-ordinated organisations and the European Community, could make a very positive contribution to the debate.
Changes would need to be made in the assessment system itself in order to remove its examinatorial and corrective approach and content. It would seem more in keeping with the present trend and more reliable and effective to move towards a more concerted system enabling the staff member himself to take part in this exercise. From this point of view, use of the term rotation in French to describe the assessment system is inappropriate. Preference should be given to such terms as évaluation or appréciation, which have more positive connotations.
With regard to assessment itself, at least insofar as it may affect staff careers, and particularly promotion procedures based on merit, assessment reports should be the result of an exchange of views between the staff member concerned and his immediate superior. As well as assessing the staff member's performance in the strict sense, such an exercise would make it possible to follow his professional development throughout his career while helping him to improve his qualifications by means of appropriate training and to adapt himself more fully to the posts held.
Such a system should be general, applying to all staff members, whatever their grade or category; impartial, being based on strictly objective criteria; open not only from the point of view of the staff member undergoing assessment (in terms of content) but also from the point of view of the rest of the staff (in terms of procedure); participatory, enabling the staff member concerned to play a part; and periodic, to ensure that the staff member's performance is continuously monitored.
Provision should be made for an arbitration procedure to settle disputes between staff members and their superiors regarding the content of assessment reports. This function could be performed by a joint committee composed of representatives of the Administration and the staff.
It will therefore be necessary to join together in thinking seriously about the changes to be made to the current system in order to prepare a new set of regulations on staff assessment. As the issue is a particularly sensitive one, it would probably be wise, when the time comes, to allow for the possibility of reviewing the new assessment procedure after a trial period, prior to its final adoption.
Lastly, with regard to staff training, an area which has traditionally been neglected at the Council of Europe, despite the recent improvements, the efforts already undertaken would need to be continued and stepped up. If a new promotion system based on the evaluation of merit is to be implemented, all staff should be offered real training opportunities both in their own interests (career prospects) and in those of the Organisation (greater efficiency).
V. Conclusions
After this review of the present situation at the Council of Europe with regard to staff careers, it has to be acknowledged that, despite the efforts made and certain measures adopted, some major problems still arise. These problems remain in various fields reviewed above, such as the organisation chart of duties and posts, promotion procedures, the assessment system and training policy.
The Committee on the Budget and the Intergovernmental Work Programme has prepared this report as an addition to the previous work carried out by the Assembly. It has done so, moreover, in the same spirit of defending the interests of the staff of the Organisation, who, according to the Statute of the Council of Europe, assist both statutory organs and are therefore a key component in the proper functioning of the Organisation and the achievement of its statutory aims.
Careers are a very important element from this point of view, acting as a stimulus to attract new recruits and as an instrument of motivation, and thus contributing directly to the efficiency and quality of work.
The committee considers that reforms have become inevitable and imperative in the various fields discussed and that they should be implemented without further delay. This report is therefore accompanied by a recommendation requesting the consideration and, if appropriate, the adoption of urgent measures.
The committee believes that such measures can only be conceived of in the more general context of an overall career plan, and that only such a plan will make them fully coherent. Furthermore, they should only be adopted by mutual agreement between the Administration and the staff. For this reason, prior consultation seems essential. For this purpose, both the Staff Committee and the trade union and professional organisations should be involved in the discussions. The expert opinion or assistance of representatives of other international, national or private organisation also seems appropriate.
However, before embarking definitively upon complex administrative reforms, it also seems wise to allow for a trial period which would enable the new regulations to be tested and revised if necessary.
For this purpose, pending the introduction of this new set of regulations, some provisional and partial changes to the present regulations could be adopted as of now, some of which have been suggested in this report: new grade twinnings, opportunities for moving from one category to another, steps awarded on merit, reform of panels, resumption of the assessment system, etc.
The committee firmly believes that the Administration and the Secretary General are themselves convinced of the need for these reforms and that they share the concerns of the Organisation's staff, as indeed the Assembly does. It hopes that the Committee of Ministers, at a crucial time for the Council of Europe, will adopt all the measures that are necessary for the smooth running of the Organisation. These necessarily include measures relating to policy on the staff, who are responsible for the Organisation's everyday activity and proper functioning and for whom careers are also an important element of their commitment to Europe.
Reporting committee: Committee on the Budget and the Intergovernmental Work Programme.
Budgetary implications for the Assembly: these cannot be easily defined, since they depend on the personnel policy which comes under the remit of the Secretary General, and more specifically, on the average of future promotions with relation to the average of current promotions. Nevertheless, the proposals put forward in the report seem generally incompatible with the practice of zero growth.
Reference: standing mandate.
Draft recommendation adopted by the committee on 29 September 1993.
Members of the committee: Sir Keith Speed (Chairman), MM. Cox (Vice-Chairman) (Alternate: Alexander) Stamatis (Vice-Chairman), Attard Montalto, Battistuzzi, Bender, Biefnot, Boucheron (Alternate: Croze), Daniel (Alternate: Deniau), Mrs Err, Mrs Gjřrv, MM. Gricius, Gunnarsson, Mrs Hacklin, Mrs Hjelm-Wallen, MM. Jürgens, Kolar, Luptak, Maass, Martins, Mrs Moreno, Mrs Moynihan-Cronin (Alternate: Mr Kenneally), Mrs Özver, MM. Pukl, Schiesser, Steiner, Strimitzer, Ternak, Thoft, Visibelli.
N.B. The names of members who took part in the vote are printed in italics.
Secretaries to the committee: MM. Palmieri and Sixto.
1 1 1. The only judicial guarantee available to an international civil servant is that of appeal to internal administrative tribunals. However, if the organisation in which he serves is dissolved, the civil servant suddenly finds himself with no other guarantee than the "goodwill" of governments. In some fields this represents an enormous risk where pensions are concerned. It is by no means an abstract hypothesis: IBI, the international organisation for co-operation in the computing field, was dissolved in 1986, and the member states failed to honour their commitments with regard to pensions.
2 1 1. The current Secretary General of the United Nations, Mr Boutros Boutros Ghali, declared himself declared himself in favour of short-term contracts at the beginning of his term of office.
3 1 . Although the period 1990-93 has seen the creation of a large number of posts by the Minister's Deputies, the outlook for the period ahead seems unfavourable to the creation of new posts.