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The Changing Position and (Legal) Status of Top Civil Servants from a PSB Perspective

Frits Van Der Meer
Leiden University
Caspar Van Den Berg
Leiden University
Frits Van Der Meer
Leiden University

Abstract

The position of (top) civil servants within the system of government is under discussion in many countries. In the slipstream of New Public Management, the special (legal) status in some western countries has been questioned given perceived needs for introducing more flexibility in the system and reducing costs of reorganization. In Sweden, Italy (with the exception of top civil servants) and (partially) Denmark the public law status has even been abolished (the harmonization principle) though in return of some benefits to civil servants. In other countries like the Netherlands, a similar move is contemplated. On the other hand, in Central and Eastern European countries, new (public) civil service legislation has been introduced to enhance the neutrality, impartiality and the quality of the service almost according Weberian lines. In the UK, a new civil service act has been introduced for similar reasons; though perhaps less acute. We can call this the special nature of government and bureaucracy approach. In our paper, we will examine both extremes from the perspective of the public sector bargains that have been struck and the changes concerning these public sector bargains over time. In addition, we will look into the cases in the middle where currently in countries debates are wages between proponents of the harmonization and the special nature principles and how these principles are translated in PSBs. We will concentrate on higher and top civil servants as they are considered in this debate a special case.