Microsoft word - it ahq on access to public administration employment_wider

Ad-Hoc Query on the access to public administration employment for citizens of other EU Member States
Requested by IT EMN NCP on 25 May 2012
Reply requested by 18 June 2012
Responses requested from Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France,
Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal,
Romania, Slovak Republic, Slovenia, Spain, Sweden, United Kingdom plus Norway (28 in Total)
Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does not necessarily represent the official policy of an EMN NCPs' Member State. 1. Background Information

The question of the right of access to competitions for public administration employment for non-nationals has been the subject of numerous and contradictory case
laws. At national level, as part of an ongoing debate, we would like to compare our regulatory framework with that of other Member States. For this reason, the
Italian EMN NCP is interested in learning if in your country access to public administration employment is granted to citizens of other EU Member States and under
what conditions.
We would very much appreciate your responses by 18 June 2012.
EMN Ad-Hoc Query: on the access to public administration employment for citizens of other EU Member States
Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing
EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does
not necessarily represent the official policy of an EMN NCPs' Member State.
2. Responses1
Dissemination?2
1.a) In your Member State, is access to public administration employment granted to citizens of other EU Member States?
1.b) If yes , are there any limitations concerning activities related to the exercise of official authority?
2.a) Is access to public administration employment granted to non-EU citizens?
2.b) If yes, are there any restrictions regarding the type of activity and/or the type of residence permit?
This NCP has provided a response to the requesting EMN NCP. However, they have requested that their response is not disseminated further. 1a) + 1b)
Yes, except posts which involve direct or indirect participation in the exercise of powers conferred by public law and duties designed to
safeguard the general interests of the State or of other public authorities.
2a) +2b)
A distinction is made on the basis of the public employment status.
In general there is no access granted to statutory (appointed) posts, but some regional governments decided to open up public
administration employment also for statutory posts. There is access to contractual posts (indefinite or temporary contracts).
In both cases there is the exception for posts which involve direct or indirect participation in the exercise of powers conferred by public law and duties designed to safeguard the general interests of the State or of other public authorities. Bulgaria
1.a) Yes. A person can be appointed as a civil servant if this person is a Bulgarian citizen, citizen of a Member State of the European Union, citizen of another state which is member of the European Economic Area or citizen of the Swiss Confederation (Art. 7, Paragraph 1 of the Law for the Civil Servant).
1 If possible at time of making the request, the Requesting EMN NCP should add their response(s) to the query. Otherwise, this should be done at the time of making the compilation.
2 A default "Yes" is given for your response to be circulated further (e.g. to other EMN NCPs and their national network members). A "No" should be added here if you do not wish
your response to be disseminated beyond other EMN NCPs. In case of "No" and wider dissemination beyond other EMN NCPs, then for the Compilation for Wider Dissemination
the response should be removed and the following statement should be added in the relevant response box: "This EMN NCP has provided a response to the requesting EMN NCP.
However, they have requested that it is not disseminated further."
EMN Ad-Hoc Query: on the access to public administration employment for citizens of other EU Member States
Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing
EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does
not necessarily represent the official policy of an EMN NCPs' Member State.
1.b) Yes. EU citizens do not have access to the following positions: - high civil servants, positions connected to the execution of functions in the fields of defence, public order, foreign policy, national security and access to classified information (Art. 7, Paragraph 4 of the Law for the Civil Servant) - Member of Parliament (Art. 65, Paragraph 1 of the Constitution of the Republic of Bulgaria) - President or Member of the Council of Ministers (Art. 93, Paragraph 2 and Art. 110 of the Constitution of the Republic of Bulgaria) - judge, state prosecutor, detective (Art. 162 of the Law on Judiciary) - notary (Art. 8, Paragraph 1 of the Notary and Notary Practice Act) - military staff, except for positions, determined for persons with dual citizenship by the Defence Minister (Art. 141, Paragraphs 1 and 5 of the Act on the Defence and Armed Forces of the Republic of Bulgaria) 2.a) In the following cases: 1. Members of the families of EU citizens, who are not citizens of the EU, possess all rights and duties, included in the Bulgarian Legislation and International Treaties to which Bulgaria is a signatory, during their stay in the Republic of Bulgaria, except for the rights and duties, which require Bulgarian citizenship (Art. 3 of the Law for Entering, Residing and Leaving the Republic of Bulgaria of European Union Citizens and Members of their Families). 2. Rights as job seekers and employees, incl. in public administration, are provided to the following types of persons (Art. 18, Paragraph 3 of the Employment Promotion Act): – Foreigners granted permission for long-term or permanent residence in the Republic of Bulgaria – Persons who have been granted the status of a refugee, or humanitarian status – Persons who have been granted asylum – Persons envisioned in an international treaty, to which the Republic of Bulgaria is party – Persons, who are citizens of third countries and are members of the families of Bulgarian citizens, citizens of a Member State of the European Union, of another state which is member of the European Economic Area or of the Swiss Confederation – Members of the families of foreigners, granted permission for long-term or permanent residence in the Republic of Bulgaria – Owners of an EU Blue Card, who have remained without a job for 3 months or wish to change their employer. 2.b) In the cases under 2a) limitations are the same as those applied to EU nationals in 1b). CzechRepublic
1. Yes. 2. According to the law on public administration employment in Finland, Section 7, certain employments (such as police officer, judge, EMN Ad-Hoc Query: on the access to public administration employment for citizens of other EU Member States
Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing
EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does
not necessarily represent the official policy of an EMN NCPs' Member State.
officers in Border Guard or the Finnish Defence Forces nor executive level of public administration) in public administration are open for Finnish citizens only. 2.a. Yes though in practise it is difficult to access public administration post due to the language requirements set in the Act on the Knowledge of Languages Required of Personnel in Public Bodies. Knowledge of Finnish and Swedish is required if the assignments of the personnel encompass exercise of public power that is significant from the point of view of the rights and obligations of the individual person. 2.b. See above. There is no restriction regarding the type of residence permit. 1. a) Yes. Since 2005, citizens of other EU Member States have been granted access to French public administration employment. b) Yes. Only French citizens can hold a post related to the exercise of official authority. Ministerial sectors related to the exercise of official authority are as follows: budget, economy and finance, justice, home affairs, police, foreign affairs. Nevertheless, no occupation group is a priori closed to EU-citizens. Indeed, it is the nature of employment which is taken into account. Managing departments must assess the situation on a case by case basis. 2. a) No. However, a bill which aims to lift nationality requirements restricting access for non-EU workers to the French civil service was introduced in the Senate on May 23, 2012. b) Yes. Only activities not related to the exercise of official authority would be concerned. 1a) Yes. Citizens of other EU Member States can be employed in all functions in the public administration as a matter of principle. Both an appointment as a civil servant and employment as a salaried employee is possible. 1b) German nationality may be a prerequisite for employment in selected functions (e.g. as a judge). 2a) Third-country nationals can as a matter of principle be employed in any function in the public administration as salaried employees, but not as tenured civil servants. 2b) Appointment as a civil servant is ruled out, as is any function which is explicitly contingent on German nationality (e.g. as a judge). An unlimited settlement permit otherwise permits any employment to be taken up in the public administration. A time-limited residence permit and a visa, as well as permission to reside during asylum proceedings, and temporary suspension of deportation, determine the scope of employment permitted in each individual case. According to article 1 of the law 2431/1996, “1. All citizens of the EU Member States can be hired recruited or appointed to job positions or specializations which do not imply direct or indirect participation to public power exercise as well as in the exercise of their duties which secure the State’s or other public entities’ interests in the following services and Legal Bodies .” a. Public Services b. Legal Persons under Public Law c. Local Administration’s Entities d. Public Enterprises and Public Organizations e. Legal Persons under Private Law that belong to the State or are regularly financed by public sources up to 50% of their total annual budget according to the applicable provisions or the State owns at least 51% of their share capital. f. Legal Persons under Private Law that belong to the afore mentioned Legal Persons or are regularly financed by them up to 50% of EMN Ad-Hoc Query: on the access to public administration employment for citizens of other EU Member States
Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing
EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does
not necessarily represent the official policy of an EMN NCPs' Member State.
their annual budget according to the applicable provisions or to the relevant statutes where the afore mentioned Legal Persons hold at least 51% of their share capital. The positions or specializations to which hiring and appointment of citizens of the EU Member States is permitted as well as those intended only for Greek citizens should the conditions of application exist according to paragraph 4, article 48 of the European Economic Community Treaty, are determined by Presidential Decrees issued following the proposal of the Ministry of Interior, Public Administration and Decentralization, National Economy and the competent Minister. As the above the answers to the questions raised are as following: 1a. The possibility of hiring, appointment and recruitment of EU citizens to public services is possible under the provisions and restrictions of the afore mentioned law and following the publication of Presidential Decrees that stipulate specific job positions and specializations. 1b.The restrictions/exclusions concern positions or specializations relate to the exercise of public power in a direct or indirect way or the safeguarding of the State’s interests, in general. 2. There is no provision whatsoever for hiring, appointing or recruiting non EU citizens to Public Sector Entities. 1.a) Yes. 1.b) Yes. According to the provisions of Act CXCIX of 2011, EU citizens – with the exception of important or confidential administrative jobs and the position of Head of Department – may be employed as government administrators or public service administrators if they have no criminal background, are legally capable, have at least mid-level professional qualifications and have the necessary Hungarian language skills required for the performance of their duties. 2.a) Yes, nationals of countries having ratified the European Social Charter are granted access to public administration employment. 2.b) Yes. According to the provisions of Act CXCIX of 2011, nationals of countries having ratified the European Social Charter – with the exception of important or confidential administrative jobs and the position of Head of Department – may be employed as government administrators or public service administrators if they have no criminal background, are legally capable, have at least mid-level professional qualifications and have the necessary Hungarian language skills required for the performance of their duties. 1.a) Yes. 1.b) Yes. EU citizens do not have access to: * activities involving the exercise of official authority or concerning the protection of national interest (art. 37, par. 1, Law Decree 29/1993, now art. 38 Law Decree 165/2001); * positions corresponding to (art. 1, Decree of the President of the Council of Ministers 174/1994): - executive level of State administrations as identified by art. 6 of Law Decree 29/1993 and corresponding levels within other public EMN Ad-Hoc Query: on the access to public administration employment for citizens of other EU Member States
Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing
EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does
not necessarily represent the official policy of an EMN NCPs' Member State.
administrations; - administrative top managers of State public administration’s peripheral bodies, non-economic public bodies, provinces, municipalities, regions and the Bank of Italy - judges, lawyers and state prosecutors - civilian and military roles of the Presidency of the Council, of Ministries of Foreign Affairs, Interior, Justice, Defense, Finance, and the State Forestry Corps, except those roles that may be accessed without competition according to Article 16 Law 56/1987; * functions (art. 2, Decree of the President of the Council of Ministers 174/1994) involving the processing, decision and execution of authorisation and coercive measures, and control functions concerning legitimacy and merit. 2.a) Access is explicitly foreseen for refugees and non-EU family members of EU citizens. Moreover, it is explicitly provided that the holder of EC long-term residence permit may have access to all places and functions that are not reserved to Italians or prohibited to foreigners. The relevant case law is also largely geared to recognize the same possibility of access provided to EU citizens to non-EU nationals regularly residing for reasons which allow, in general, access to work activities. 2.b) In cases explicitly provided for as well as in those recognised by judicial decision, limitations are the same as those applied to EU nationals. 1.a) + 2.a) In Latvia a person is granted access to public service employment if he/she is a citizen of the Republic of Latvia (the State Civil Service Law, Section 7), therefore, a citizen of another country, including other EU Member States can not be a civil servant of the Republic of Latvia. The only exception concerns those citizens of Latvia that have dual citizenship. In accordance with the Citizenship Law of the Republic of Latvia a person who is admitted to Latvian citizenship can not have a dual citizenship (Section 9 of the Law, Paragraph one). However, there are two exceptional cases when a person who is a citizen of Latvia can have a citizenship of another country. First of all, citizens of Latvia and their descendants who, during the period from 17 June 1940 to 4 May 1990, left Latvia as refugees, in order to escape the terror of the occupation regimes of the U.S.S.R. and Germany, were deported, or due to the aforesaid reasons have not been able to return to Latvia and have become naturalised during this time in a foreign country, retained their right to register also as citizens of Latvia, and after registration to the full extent enjoy the rights of citizens and fulfil the obligations of citizens (Transitional provisions of this Law, Paragraph one). However, the aforementioned persons in order to obtain dual citizenship had to register till 1 July 1995. If such persons register after 1 July 1995, they have to renounce the citizenship of the foreign state in order to obtain the citizenship of Latvia. The second case is related to the citizenship of minors. If, at the moment of the birth of the child, one of his or her parents is a citizen of Latvia, but the other is a citizen of another country, the child can be a citizen of Latvia, if the child is born in Latvia or is born outside Latvia, but at the moment of the birth of the child, the permanent place of residence of the parents, or that parent with whom the child is living, is in Latvia. In the aforementioned cases, the parents may, having mutually agreed, choose also the citizenship of the other (not Latvia) country for their child (Section 3 of the Law, Paragraph one and two), therefore, child would obtain dual citizenship. Furthermore, in these specific cases a citizen of Latvia can have a citizenship of any other country – the EU Member State, as well as third country. In case the person has a dual citizenship, in legal relations with the Republic of Latvia he/she shall be considered solely as a citizen of EMN Ad-Hoc Query: on the access to public administration employment for citizens of other EU Member States
Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing
EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does
not necessarily represent the official policy of an EMN NCPs' Member State.
Latvia (Section 9 of the Law, Paragraph two). 1.b) + 2.b) Those persons that have dual citizenship can not be granted access to high level public service positions such as president, respectively, a person with dual citizenship may not be elected as president (Article 37, the Constitution of the Republic of Latvia). Lithuania
Neither EU nor non-EU citizens have access to the civil servants’ positions under the Law on Civil Service. However, EU and non-EU citizens can work at public administration institutions if the positions are established under a labour contract. EU and non-EU citizens cannot take state authority positions such as President, Prime Minister, member of Parliament and etc. Luxembourg
1a) Yes 1b) Yes Eu citizens do not have access to position that imply a direct or indirect participation to the exercise and to posts that have as main object the protection of the general interest of the State (Law of 18 December 2009) . The Grand-ducal regulation of 12 May 2010 determines all of those positions. To have access to positions in the public service as public servant or State employee, the person must have to prove that he/she has adequate knowledge adapted to the level of the position he/she is applying in the country three administrative languages (French, German and Luxemburgish) before passing the concours/exam for the admission of the internship (Grand-ducal regulation of 12 May 2010). The candidate must have to approve in the context of these exams, a Luxemburgish history and culture test (Grand-ducal regulation of 12 May 2010). 2a) Third country national are excluded from all the public servants and state employee positions. 2b) Third country nationals can only be hired under the status of private employee of the State in the conditions fixed by the annual budgetary law (article 11 of the Law of 16 December 2011 on the budget of income and expenditures of the State for 2012. See Mémorial A - No 266 of 23 December 2012). It is important to notice that the law conditions this hiring to certain conditions as the existence of a need of service duly motivated and with the previous authorization of the Minister of the Public Function. However, it is possible to hired a third country national under the State worker status (this is a different status from the one of public servant) The persons having the status of international protection are also excluded from the public service. 1.a) Yes, access to public administration employment is regulated by the “Nationality Requirements for Appointments in Public Administration Regulations, 2011” (Legal Notice 315/2011 issued under the Public Administration Act - Cap. 497 of the Laws of Malta). Access to Public Service employment is granted to, inter alia, nationals of other Member States of the European Union who are
entitled to equal treatment to Maltese nationals in matters of employment by virtue of the provisions on the free movement of
workers. In the case of employment with government agencies/entities (i.e. the wider Public Sector), any nationality requirements
for appointments therewith need the authorisation of the Principal Permanent Secretary.
EMN Ad-Hoc Query: on the access to public administration employment for citizens of other EU Member States
Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing
EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does
not necessarily represent the official policy of an EMN NCPs' Member State.
The above is subject to the issue of an employment licence (in terms of the Immigration Act - Cap.217 of the Laws of Malta), in so far as such a licence is lawfully required for that person to work in Malta and is without prejudice to any language requirements which may, from time to time, be set for appointments to particular public offices, or to particular posts in any government agency or government entity, when such requirements are proportionate and reasonably necessary for the proper fulfilment of the tasks involved. 1.b) Yes, any posts involving the exercise of public authority and the safeguarding of the general interests of the State may be reserved for Maltese nationals. Such posts may include any or all of the following: posts in the Office of the President, the House of Representatives, the Prime Minister’s and Ministers’ secretariats, the Cabinet Office, and the offices of the Principal Permanent Secretary and any Permanent Secretary; posts involving the preparation of expert advice in the field of prosecution of offences or lawmaking, and posts entailing responsibility for advisory constitutional bodies; (iii) posts involving the sovereignty of the State, including diplomatic and foreign representation; posts in the Office of the Prime Minister and the Ministries of Finance, Justice, Home Affairs and Foreign Affairs; posts within departments charged with the protection of the economic interests of the State, including tax authorities; positions in the Senior Executive Service; (vii) posts in the disciplined forces and offices responsible for defence matters; and (viii) posts in the security services and in the field of civil protection and defence. Yes, access to Public Service employment is also granted to:
a national of any other country who is entitled to equal treatment to Maltese nationals in matters related to employment by virtue of the application to that country of the provisions on the free movement of workers; or any other person who is entitled to equal treatment to Maltese nationals in matters related to employment in terms of the law or the provisions on free movement of workers on account of his family relationship with a person who is a Maltese national or with person who is a national of another Member State of the European Union who is entitled to equal treatment to Maltese nationals in matters of employment by virtue of the provisions on the free movement of workers or with a person as specified at 2 (a) (i); or (iii) a third country national who has been granted long-term resident status in Malta under regulation 4 of the Status of Long- Term Residents (Third Country Nationals) Regulations, 2006 or who has been granted a residence permit under regulation 18(3) thereof, together with family members of such a third country national who have been granted a residence permit EMN Ad-Hoc Query: on the access to public administration employment for citizens of other EU Member States
Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing
EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does
not necessarily represent the official policy of an EMN NCPs' Member State.
under the Family Reunification Regulations, 2007. 2.b) Again, the above is subject to the issue of an employment licence (in terms of the Immigration Act - Cap.217 of the Laws of Malta), in so far as such a licence is lawfully required for that person to work in Malta and is without prejudice to any language requirements which may, from time to time, be set for appointments to particular public offices, or to particular posts in any government agency or government entity, when such requirements are proportionate and reasonably necessary for the proper fulfilment of the tasks involved. Also, the above is subject to the restriction regarding the type of activity as specified at 1b above. Netherlands
1.a) Yes. The nationality requirement has been removed from the Civil Service Law long time ago. 1.b) When it comes to safety functions (when investigation of the Intelligence Service is required; which means military, police and other functions related to safety) the Dutch citizenship can be required. This is conform the EU Treaty; which says functions may be reserved to nationals in case of safety reasons. 2.a) Yes. 2.b) See 1.b Of course, there are restrictions for non EU citizens to (search for) work in the Netherlands due to the Alien Act 2000 and Foreign Nationals Employment Act. Portugal
1. a) Yes. The Constitution treats on the same footing foreigners, stateless persons and national citizens. The concept of citizenship includes the EU citizens, who, by force of EU Treaties, have an equal treatment to that of nationals. 1. b) Persons without Portuguese citizenship are prevented from holding nontechnical public administration positions, specifically at managerial level. 2. a) See answers 1 2) and b). 2. b) According to the Constitution, subject to reciprocity, broader rights may be granted to citizens from Portuguese speaking countries, except for the positions of President of the Republic, President of the Parliament, Prime Minister and President of the Supreme Courts, as well as holding military posts and diplomatic posts – all reserved to Portuguese nationals. In this framework applies the Convention on Equal Rights and Duties, supplemented by the Treaty of Friendship, Cooperation and Consultancy between the Portuguese Republic and The Federative Republic of Brazil. Slovak Republic
1.a) Yes. 1.b) Article 3 of the Act No. 400/2009 Coll. on Civil Service stipulates that the citizen of the Slovak Republic, citizen of other EU EMN Ad-Hoc Query: on the access to public administration employment for citizens of other EU Member States
Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing
EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does
not necessarily represent the official policy of an EMN NCPs' Member State.
Member State, citizen of EEA member country and citizen of the Swiss Confederation (hereinafter “citizen”) can apply for public administration vacancies under conditions set by the above-mentioned Act as well as by the special regulation. Regulation of the Government of the Slovak Republic No. 550/2009 Coll. defines public adiminstration jobs which can be carried out only by the citizens of the Slovak Republic concerning namely justice, defence, industrial property, internal affairs, protection of classified information, Supreme Audit Office of the Slovak Republic, Ministry of Foreign Affairs of the Slovak Republic, General Prosecution of the Slovak Republic, regional prosecution, higher military prosecution, district military prosecution, Government Office of the Slovak Republic (job positions of special importance and job positions requiring access to classified information). Fluent command of the Slovak language as the official state language is in these cases obligatory condition. 2.a) Yes. 2.b) Non-EU citizens can apply for public administration vacancies in case they have obtained permanent residence permit in the Slovak Republic. Restrictions are the same as in case of EU citizens. Fluent command of the Slovak language as the official state language is obligatory condition. Slovenia
1.a) Yes
1.b) Yes, there are limitations if it is a “classified employment”, which requires Swedish citizenship. In addition, when the job
deals with classified information there are limitations for other nationals than Swedish citizens. It is Article 29 in the Security
Protection Act which regulates the matter.

2.a) Yes.
2.b) Yes, the same restrictions applies for third country nationals as for EU-citizens.
United Kingdom

Source: http://www.emnnorway.no/content/download/92728/1043772/file/IT%20AHQ%20on%20access%20to%20public%20administration%20employment_wider.pdf