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In connection with the Proposed Law submitted yesterday before the House of Representatives and the bill prepared by the Executive, the Audit Office considers it necessary to note the following:
[A] It is well known that the advertisement of public posts is required, in general, to ensure equality and equity and also for reasons of public interest related to the merit-based staffing of the Public Service. The appointment, as well as promotion, of the most deserving and competent candidates is of vital importance for the public good. Excellent staffing of the Civil Service directly promotes the public interest. Unqualified criteria for staffing the Civil Service not only do not promote but harm the public interest.
As has been repeatedly emphasised in a number of judicial decisions, the appointment of officials to the Civil Service is a purely administrative act. The President of the Republic (the President of the Republic) or the Council of Ministers or Ministers or Members of Parliament have no power to appoint officials to the Civil Service. The Constitution precludes the interference of any organ of political power from exercising the function of staffing the Public Service.
(b) We understand the need to employ competent and trustworthy persons to accompany such officers, and have therefore agreed to an exceptional procedure for political appointments of such advisors/associates. However, we strongly disagree with broadening the cases that would fall under the above exceptions to include secretarial or social media handling staff or other non-scientific staff. We cannot, in our view, conclude that the staffing of the civil service will be based on party and political identities.
(c) On the basis of the above, it is our view that secretaries and other non-scientific staff are not Councillors and cannot be treated as political appointees. The importance of such positions of Advisers to the President of the Council of Europe and Ministers is also evidenced by the fact that the GRECO Committee of the Council of Europe, as well as the European Commission, consider the position of Adviser to be a position of influence and therefore require that holders of such a position make a declaration of whereabouts.
In addition to the above positions of principle, we note the following regarding the legislative regulation under development:
[A](a) The provision of consultancy services is governed by European legislation (Directive 2014/24/EU), which was transposed into national legislation by Law No. 73(Ι)/2016. The Directive itself explicitly defines which services are excluded and it is not conceivable to make additional exceptions at national level.
(b) Consultancy services have all the characteristics of a contract of employment of an employed person. Article 4(2)(d) of Act No. 70(I)/2016 concerning the employment of a person as a fixed-term employee, for the execution of a project of regular duration, for as long as necessary for the completion of the project, seems to be the appropriate legal basis for the employment of Consultants.
[C](c) Any employment of Consultants under a hired services regime would be a case of the co-ordinated State taking advantage of an employee whom it "christened" as a service provider, requiring him to pay contributions as a self-employed person and register for VAT, when in fact he is an employed person. Also, in this case, the contractor would be the government official.
Our Office remains available to both the Executive and the Legislature to further explain its positions. The final say will in all cases rest with the legislature.
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