MINISTERS’ DEPUTIES

CM Documents

CM(2021)35

23 February 2021[1]

1400th meeting, 31 March 2021 11 Programme, Budget and Administration   11.3 Council of Europe People Strategy 2019-2023 – Reform of the Regulatory Framework for Staff Management Item to be considered by the GR-PBA at its meeting on 16 March 2021

 

Council of Europe People Strategy 2019-2023

Reform of the Regulatory Framework for

Staff Management

The present document provides an overview of the reform of the regulatory framework for staff management which is currently underway as part of the implementation of the People Strategy 2019-2023.

The document sets out the main objectives of the reform and describes the proposed architecture of the new framework, followed by details on the main substantive changes foreseen. It also sets out the timetable for finalisation of this work.

The Council of Europe People Strategy 2019-2023 was welcomed by the Committee of Ministers in May 2019.[2] It was prepared following a wide-ranging consultation process with management, staff and their representatives and member States, accompanied by benchmarking with other international organisations and with civil service trends in several member States.

The People Strategy covers all the main areas of human resources management. Its objectives and actions are designed to be coherent and mutually-reinforcing. It is accompanied by:

2  a Workforce Plan,[3] which will be regularly reviewed and updated in line with the Programme and Budget process, and

2  an Action Plan setting out the timetable for its implementation.

The Committee of Ministers is kept regularly updated on progress on the People Strategy via information provided by the Secretariat to its Rapporteur Group on Programme and Budget (GR-PBA).[4]

Several of the reforms foreseen in the People Strategy involve significant changes to the regulatory framework governing staff management. The ensuing process of legislative review has offered at the same time a unique opportunity to improve and streamline the overall structure of the body of regulations, rules, policies and procedures, to bring it in line with today’s standards for international civil service management, ethics and good governance.

The main objectives of the reform of the regulatory framework are to:

†  introduce the legislative changes necessary for the implementation of the People Strategy;

†  provide a robust, coherent and workable regulatory framework enabling strategic and flexible human resources management, with oversight by the Committee of Ministers;

†  address gaps in the current legislative framework in order to bring it in line with best practice and standards;

†  streamline and simplify the current body of regulations in order to provide clarity to staff and managers, and to improve efficiency in staff management;

†  present the various elements of the regulatory framework in a consolidated and thematically-organised format, to facilitate understanding and compliance and to improve efficiency.

The current body of internal legislation has developed in an organic fashion over the more than 70 years of existence of the Council of Europe. This has led to issues in the overall legislation structure which need to be addressed:

	significant gaps in the legislative framework compared to current standards of public sector governance
	the existence of a very large number of legal instruments,[5] including many which amend previous instruments that are still in force, hindering comprehension and coherence
	complexity and potential overlap in the mechanisms and internal bodies established in connection with different aspects of the regulations, leading to inefficiencies and lack of clarity
	significant complexity and sometimes ambiguity between the various levels of legal texts, as well as a lack of coherence in the degree of procedural detail appropriate to each type of legal instrument
	in general, an overemphasis on legislating on procedural details, sometimes to the detriment of agile and efficient human resources management
	the vulnerability to challenge, on purely procedural grounds, of otherwise sound human resources management decisions

The reform aims to address these issues by establishing a legislative architecture which is comprehensive, coherent, easy to understand and sufficiently solid and flexible to enable strategic human resources management with regular oversight by the Committee of Ministers.

The following diagram sets out the architecture of the legislative reform underway.

†  Foundations of the new ethical framework

To comply with today’s standards of human resources management and good governance, particularly in the public sector, the following foundational texts, within the purview of the Secretary General, are under preparation:

†  Staff Regulations

The Staff Regulations embody the fundamental conditions of service and the basic rights, duties and obligations of the Council of Europe Secretariat staff. They constitute the broad principles of human resources policy, adopted by the Committee of Ministers, for the guidance of the Secretary General in staff management and administration. They form the basis on which the Secretary General establishes and implements rules, policies and procedures.

†  Other Regulations

Other regulations will complete the new regulatory framework, including new Data Protection Regulations and a general delegation framework, which is a new text and will fill a current legal gap.

†  Secretary General Rules, policies and procedures

Rules adopted by the Secretary General, accompanied by policies and procedures, which may be adopted by delegated authority, provide the practical rules and guidance for the implementation of the Staff Regulations.

†  People Strategy

The People Strategy is not a legislative text; however, it provides the roadmap for strategic human resources management in the Council of Europe and many of its key actions depend on the regulatory framework. Regular reporting to the Committee of Ministers on the implementation of the People Strategy will facilitate Committee of Ministers’ oversight on how the regulatory framework is functioning and on other aspects of the human resources management reform process. The current People Strategy runs until 2023; it will be renewed on a regular basis.

! New instruments

Code of Conduct
	˜  sets out and defines the values and behaviours which are expected of staff working in the Council of Europe (integrity, respect, independence, trustworthiness, responsibility, dignity, diversity, discretion) ˜  will be accompanied by a handbook providing further guidance and examples to staff
Policy on Dignity and Respect
	˜  updates the existing definitions of psychological and sexual harassment ˜  clarifies the procedures for investigating and dealing with allegations of harassment ˜  defines the standards of respectful interpersonal behaviour expected of staff and of all those working with the Council of Europe ˜  provides clarity on where staff should turn when facing unacceptable behaviour or workplace conflicts which do not reach the level of allegations of harassment
Speak-Up Policy
	˜  defines the framework for reporting wrongdoing affecting the public interest and the interests of the Council of Europe ˜  protects those who report against retaliation
Policy on Diversity
	˜  builds upon the Council of Europe’s longstanding equal opportunities policy ˜  develops the principles of diversity, equity and non-discrimination ˜  strives for compliance with international best practice as a fully inclusive employer
Data Protection Regulation
	˜  modernises the system for the protection of personal data within the Organisation, in accordance with the standards laid down in Council of Europe Convention 108+
Delegation Framework
	˜  defines the principles of accountability and responsibility ˜  establishes the rules by which decision-making power may be delegated within the Organisation

! Staff Regulations and Staff Rules

The existing Staff Regulations and Staff Rules will be streamlined and consolidated, and the content revised to support the directions established in the People Strategy. Procedural detail will be established at the most appropriate level. The Staff Regulations are adopted by the Committee of Ministers and Staff Rules by the Secretary General. It is foreseen that the Staff Regulations and Rules will be regrouped in a thematic presentation, to increase administrative efficiency and accessibility for management and staff.

Key areas of revision established in the People Strategy and involving changes to Staff Regulations supported by Staff Rules, include:

People Strategy areas	Changes proposed
	Recruitment and contractual conditions The provisions will lay down the principle of a single entry point as a Council of Europe staff member via competitive procedures open in member States, initially on the basis of fixed term contracts for a maximum period of four years, after which open-ended contracts will be established for stable staffing needs. Turnover and young professional profiles will also be recruited via competitive procedures with a fixed upper time limit on employment. Probationary periods will be shortened to one year maximum, from the current two-year duration. Clear regulations on termination of contract for budgetary, job profile, competency match or performance reasons will be established, accompanied by provisions on severance compensation.
	Performance management The procedures and rules on staff performance, including staff evaluation and managing under-performance, will be updated and simplified, with the aim of increasing motivation, prioritising staff development and providing managers and the Directorate of Human Resources with a workable framework for dealing appropriately with under-performance.
	Disciplinary framework The current complex set of mechanisms, rules and procedures will be streamlined and consolidated; the concepts of misconduct and gross misconduct will be defined; and greater clarity and predictability will be established as regards sanctions.
	Grievance mechanisms Grievance mechanisms will be streamlined and consolidated, with a view to greater emphasis on the out-of-court settlement of disputes.
	Mobility Several changes to the Staff Regulations and Rules will aim to promote mobility, including a removal of the current regulatory barrier hindering movement between categories and increased possibilities for short-term assignments including at a different grade level. The expectation of sectorial and geographical mobility to meet the requirements of the Organisation will be strengthened.
	Gender Equality The current goals in terms of equal opportunities will be set at a more ambitious level in line with best practice and will be complemented by enforcement mechanisms.

The legislative texts outlined above are being prepared in parallel, given the links between the various levels, starting from the foundation documents and fundamental provisions of the Staff Regulations, on the basis of which more detailed Rules, procedures and policies are to be drawn up.

Given the depth and breadth of the changes foreseen, a thorough process of internal consultation with management, the Legal Adviser, other relevant internal stakeholders (including the Ethics Officer and the Directorate of Internal Oversight) and staff representatives is essential. In particular, the statutory consultation period for the Staff Committee to provide its comments on significant modifications to the regulatory framework for staff management has to be sufficient to allow for thorough exchanges.

As of February 2021, the state of preparation of the regulatory reform is as follows:

! Ethical framework texts: all texts have been drafted and are at different stages in the process of internal consultation.

!Staff Regulations and Staff Rules: drafting is in progress and, in parallel, preliminary consultations are underway with internal stakeholders.

!Other Regulations:

o    Data Protection Regulation – final stage of the internal consultation process;

o    Delegation Framework – under preparation

It is foreseen that the Staff Regulations will be presented to the GR-PBA in autumn 2021, with a view to their adoption by the Committee of Ministers by the end of the year.