Political Neutrality in Civil Service: Legal frameworks and quality of implementation

This issue is essential for addressing the challenges of civil service development, particularly in countries with a history of politicization. The Georgian civil service is no exception, with the Public Administration Reform Roadmap 2015 highlighting the need to safeguard the civil service from direct or indirect political influence. The research conducted by Giorgi Gabrielashvili and Irma Mikadze aimed to study political neutrality in the Georgian civil service and assess the outcomes of the reform as of 2021. The study focused on the existence of enabling mechanisms available in the Georgian legislation for the political neutrality of the civil service and the quality of its implementation. The research also examined practical examples of possible political influence in the public sector and the effectiveness of the new legislation and organization of the civil service in protecting the civil service from unfavorable party-political influence. The concept of political neutrality is not always used in the same sense, and there is a certain ambiguity in the literature regarding its definition. It can be used to describe a situation where the civil service does not take into account the government's political priorities and/or a situation where the administration is equally responsive to all elected governments. In other words, political neutrality can be understood as a situation where the civil service operates independently of political considerations, making decisions based on merit and expertise rather than party interests. The Georgian civil service has undergone significant changes in recent years, with the complete renewal of the regulatory framework. Two new main laws regulating the field have been adopted, along with up to 20 by-laws. Despite these changes, stakeholders have expressed skepticism about the quality of implementation and the results achieved through adopting the new legislative framework and conducting other activities. The research aimed to assess the effectiveness of these changes and identify areas for improvement. The study examined various mechanisms that impact politicization of the civil service, including the rules of appointment in public service, composition of competition commissions, methods of evaluating candidates, and regulating the issue of dismissal and demotion. The research also discussed preventive measures, such as regulating the rules of appointment, professional development, and other related matters, which are viewed as tools for promoting the independence of officials and their protection from adverse influences. The findings of the research can be used to inform the development of a new strategy for 2021-2024. The study provides insights into the challenges faced by the Georgian civil service and identifies areas for improvement. By examining the mechanisms that impact politicization and preventive measures, the research aims to contribute to the development of a more independent and effective civil service in Georgia.