Top Banner

of 20

Un Pan 023303

Jun 03, 2018

Download

Documents

Ada Jo
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
  • 8/12/2019 Un Pan 023303

    1/20

    All papers, statistics and materials contained in the Country Profiles express entirely the opinion of the mentioned authors.They should not, unless otherwise mentioned, be attributed to the Secretariat of the United Nations.

    The designations employed and the presentation of material on maps in the Country Profiles do not imply the expressionof any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country,territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries.

    KKIINNGGDDOOMMOOFF

    BBEELLGGIIUUMMPPuubblliiccAAddmmiinniissttrraattiioonn

    CCoouunnttrryyPPrrooffiillee

    Division for Public Administration and Development Management (DPADM)

    Department of Economic and Social Affairs (DESA)

    United Nations

    March 2006

  • 8/12/2019 Un Pan 023303

    2/20

    1

    Table of Contents

    Table of Contents........................................................................................... 1Country ........................................................................................................ 21. General Information ................................................................................... 4

    1.1 People.................................................................................................. 41.2 Economy .............................................................................................. 41.3 Public Spending ..................................................................................... 51.4 Public Sector Employment and Wages....................................................... 5

    2. Legal Structure .......................................................................................... 62.1 Legislative Branch.................................................................................. 62.2 Executive Branch ................................................................................... 72.3 Judiciary Branch .................................................................................... 72.4 Local Government.................................................................................. 8

    3. The State and Civil Society .......................................................................... 93.1 Ombudsperson ...................................................................................... 9

    3.2 Civil Society .......................................................................................... 9

    4. Civil Service .............................................................................................104.1 Legal basis...........................................................................................104.2 Recruitment.........................................................................................104.3 Promotion............................................................................................114.4 Remuneration ......................................................................................114.5 Training...............................................................................................124.6 Gender................................................................................................134.7 Representation in the civil service ...........................................................14

    5. Ethics and Civil Service ..............................................................................155.1 Corruption ...........................................................................................155.2 Ethics..................................................................................................16

    6. e-Government ..........................................................................................176.1 e-Government Readiness .......................................................................176.2 e-Participation......................................................................................18

    7. Links .......................................................................................................197.1 National sites .......................................................................................197.2 Miscellaneous sites................................................................................19

  • 8/12/2019 Un Pan 023303

    3/20

    2

    CountryClick herefor detailed map

    Source: The World Factbook Belgium

    Government typeFederal parliamentary democracyunder a constitutional monarch

    Independence

    4 October 1830 (a provisionalgovernment declares independencefrom the Netherlands); 21 July 1831(King Leopold I ascends to the throne)

    Constitution

    7 February 1831; amended many

    times; revised 14 July 1993 to createa federal state

    Legalsystem

    Civil law system influenced by Englishconstitutional theory; judicial review oflegislative acts; accepts compulsoryICJ jurisdiction, with reservations

    Administrativedivisions

    10 provinces (and 3 regions);

    Source: The World Factbook Belgium

    With a surface area of 30,500 km and a population of 10,446,000, Belgium is one ofthe smallest Member States in the European Union. However, it has a GDP of 288.09billion Euros (in 2004) and is one of the ten largest trading nations in the world.Historically, the Belgian Provinces gained their independence after the 1830Revolution after domination of the Burgundian, Spanish, Austrian, French and Dutch.In that year, Belgium officially came into being as an independent state organised asa constitutional and parliamentary monarchy.

    Recent political history has been dominated by issues to do with the country's variouscommunities, and four national reforms have gradually transformed Belgium into a

    federal state. At the same time, Belgium remains highly committed in theinternational arena, being a founder member of what is currently the European Unionand a member of the United Nations. In peacekeeping missions around the world,Belgium regularly commits its troops to participate in international actions anddispatches observers to flashpoints. Belgium has also been a founding member of theEuropean Union, the NATO, the Council of Europe and the United Nations.

    BBeellgiiuumm

    http://www.cia.gov/cia/publications/factbook/http://www.oefre.unibe.ch/law/icl/index.htmlhttp://www.cia.gov/cia/publications/factbook/http://www.cia.gov/cia/publications/factbook/flags/be-flag.htmlhttp://www.cia.gov/cia/publications/factbook/http://www.oefre.unibe.ch/law/icl/index.htmlhttp://www.cia.gov/cia/publications/factbook/http://www.un.org/Depts/Cartographic/english/htmain.htm
  • 8/12/2019 Un Pan 023303

    4/20

    3

    From the historical point of view, constitutional reform in Belgium has come as aresult of two divergent political movements. Since the end of the 19th century, theFlemish Movement ("Vlaamse Beweging") has aspired to cultural and linguisticemancipation in a country where public life is dominated by the French language.Subsequently, but essentially since 1960, another movement grew up as Walloniastrove for greater autonomy, especially in the economic domain.

    Source: Federal Public Service Foreign Affairs Belgium (2006) & BelgiumNational Portal (2006) edited

    :

  • 8/12/2019 Un Pan 023303

    5/20

    4

    11..GGeenneerraallIInnffoorrmmaattiioonn

    1.1 People Belgium Netherlands Germany 1

    Population a

    Total estimated population (,000), 2003 10,319 16,149 82,476

    Female estimated population (,000), 2003 5,260 8,137 42,177

    Male estimated population (,000), 2003 5,059 8,012 40,299

    Sex ratio (males per 100 females), 2003 96 98 96

    Average annual rate of change of pop. (%), 2000-2005 0.21 0.5 0.07

    Youth and Elderly Population b

    Total population under age 15 (%), 2003 17 18 15

    Female population aged 60+ (%), 2003 19 21 27

    Male population aged 60+ (%), 2003 25 16 21

    Human Settlements c

    Urban population (%), 2001 97 90 88

    Rural population (%), 2001 3 10 12

    Urban average annual rate of change in pop. (%), 00-05 0.15 0.46 0.17

    Rural average annual rate of change in pop/ (%), 00-05 -2.25 -0.65 -1.55

    Education d

    Total school life expectancy, 2000-2001 16 16 15.3i 1

    Female school life expectancy, 2000-2001 16 15.9 15.1i 1

    Male school life expectancy, 2000-2001 16 16.1 15.4i 1

    Female estimated adult (15+) illiteracy rate (%), 2000 .. .. .. 2

    Male estimated adult (15+) illiteracy rate (%), 2000 .. .. .. 2

    Employment e

    Unemployment rate (15+) (%), 2000 3.3ii 3.3ii 7.9ii 1

    Female adult (+15) economic activity rate (%), 2001 54 54 7.9ii 2

    Male adult (+15) economic activity rate (%), 2001 73 73 7.8ii 2

    Notes:i1998/1999,

    iiMonth of April,

    iii

    1.2 Economy Belgium Netherlands Germany 2

    GDP a

    GDP total (millions US$), 2002 247,634 413,741 1,976,240

    GDP per capita (US$), 2002 23,996 25,628 23,956

    PPP GDP total (millions int. US$), 2002 275,496 440,322 2,171,624

    PPP GDP per capita(int. US$), 2002 26,695 27,275 26,324

    Sectors b

    Value added in agriculture (% of GDP), 1994 1.3i 3.7 1.1ii

    Value added in industry (% of GDP), 1994 26.5i 28.5 29.4ii

    Value added in services (% of GDP), 1994 72.2i 18.2 69.4ii

    Miscellaneous c

    GDP implicit price deflator (annual % growth), 2004 2.4 1.2 1.1

    Private consumption (% of GDP), 1994 54.8i 49.4 58.6i

    Government consumption (% of GDP), 1994 22.8i 24.2 19.3 i

    Notes: i2003.

    1United Nations Statistics Division:aStatistics Division and Population Division of the UN Secretariat; bStatistics Division and Population Division of the UNSecretariat; cPopulation Division of the UN Secretariat; d1UNESCO ; d2UNESCO; e1ILO; e2ILO/OECD2World Bank - Data and Statistics:aQuick Reference Tables; bData Profile Tables ; cCountry at a Glance

  • 8/12/2019 Un Pan 023303

    6/20

    5

    1.3 Public Spending Belgium Netherlands Germany

    Public expenditures 3

    Education (% of GNP), 1985-1987 5.1ii 6.9 .. a

    Education (% of GNP), 1995-1997 6.9i a 5.1i 4.8i a

    Health (% of GDP), 1990 6.6 5.7 5.9

    Health (% of GDP), 1999 6.3 6 7.9

    Military (% of GDP), 1990 2.4 2.5 2.8iii b

    Military (% of GDP), 2000 1.4 1.6 1.5 b

    Total debt service (% of GDP), 1990 .. .. ..

    Total debt service (% of GDP), 2000 .. .. ..

    Notes: i.Data may not be strictly comparable with those for earlier years as a result of methodological changes, ii Data refer to the ministry ofeducation only, iii Data refer to the Federal Republic of Germany before reunification.

    1.4 Public Sector Employment and Wages

    Data from the latest year availableBelgium

    1991-1995Belgium

    1996-2000

    EuropeanUnion

    Average41996-2000

    High incomeOECD

    average41996-2000

    High incomegroup

    average41996-2000

    Employment

    (,000) 174 ..Civilian Central Government5 (% pop.) 1.7 .. 4.1 .. 2.8

    (,000) 231 ..Sub-national Government5

    (% pop.) 2.3 .. 4.1 .. 2.8

    (,000) 280 ..Education employees

    (% pop.) 2.8 .. 1.2 .. 1.3

    (,000) 79 ..Health employees

    (% pop.) 0.8 .. 1.2 .. 1.1

    (,000) .. .. ..Police

    (% pop.) .. .. .. .. ..

    (,000) 47 .. ..Armed forces

    (% pop.) 0.5 .. 0.5 .. 0.5

    (,000) 120 ..SOE Employees

    (% pop.) 1.2 .. .. .. ..

    (,000) 931 ..Total Public Employment

    (% pop.) 9.20 .. .. .. ..

    Total Central gov't wage bill (% of GDP) 2.4 2.1 3.6 .. 4.2

    Total Central govt wage bill (% of exp) 14.8 13.5 12.8 .. 16.4

    Average gov't wage (,000 LCU) 1,759 ..

    Real ave. govt wage ('97 price) (,000 LCU) 1,895 ..

    Average govt wage to per capita GDP ratio 2.4 .. .. .. ..

    Source: World Bank - Public Sector Employment and Wages

    3UNDP - Human Development Report 2002

    aData refer to total public expenditure on education, including current and capital expenditures.bAs a result of a number of limitations in the data, comparisons of military expenditure data over time and acrosscountries should be made with caution. For detailed notes on the data see SIPRI (2001).4Averages for regions and sub regions are only generated if data is available for at least 35% of the countries in thatregion or sub region.5Excluding education, health and police if available (view Country Sourcesfor further explanations).

    http://www1.worldbank.org/publicsector/index.cfmhttp://www1.worldbank.org/publicsector/civilservice/development.htmhttp://www1.worldbank.org/publicsector/civilservice/development.htmhttp://www1.worldbank.org/publicsector/index.cfm
  • 8/12/2019 Un Pan 023303

    7/20

    6

    22..LLeeggaallSSttrruuccttuurree

    Belgium became a unitary state in 1830 where the decision-making power derivesfrom a national parliament and a national government. Institutionally, the Flemings'call for greater cultural autonomy and the Walloons' aspiration to economicindependence have been reflected in an original federal structure made up ofCommunities which are responsible for cultural matters and issues directly related tothe individual, and Regions that are responsible for economic affairs and othermatters to do with collective local concerns.

    This arrangement has led to some territorial overlapping: the bilingual Brussels-Capital region, for example, has become a Region in its own right, but the FlemishCommunity and French Community also have some authority there; the German-speaking region is essentially run by the Walloon Region for local issues, but also bythe German-speaking Community with respect to cultural affairs. Belgium has thusevolved from a unitary, decentralised state into a fully federal state.

    Source: Federal Public Service Foreign Affairs Belgium (2006) & BelgiumNational Portal (2006) edited

    2.1 Legislative Branch

    bicameral Parliament consists of a Senate or Senaat in Dutch, Senat in French (71 seats; 40 members are

    directly elected by popular vote, 31 are indirectly elected; members serve four-year terms) and a

    Chamber of Deputies or Kamer van Volksvertegenwoordigers in Dutch, Chambre des Representants in

    French (150 seats; members are directly elected by popular vote on the basis of proportional

    representation to serve four-year terms) 6

    Women in parliament: lower house 55 out of 150 seats (36.7%) and 22 out of 75 (29.3%)7

    In the Chamber of Representatives, the 150 representativesare directly elected by universal suffrage. The Senate is 71members. The senate is divided as followed: 40 senators (25

    Dutch-speaking and 15 French-speaking) elected by thepopulation, 21 senators appointed by the Communities (10from the Flemish Community, 10 from the French Communityand 1 from the German-speaking Community) and 10 co-opted senators (6 Dutch-speaking and 4 French-speaking).

    Some powers are exercised exclusively by the Chamber. Thisconcerns the control of the Federal Government and the Stateaccounts. The Chamber is also allowed to propose a no-confidence motion. The Federal Parliament (Chamber andSenate) votes on laws. The Senate in turn has sole powers tosettle conflicts of interest that may arise between the FederalParliament and the Councils of the Communities and the

    Regions. Other powers are exercised alternately by theChamber and the Senate: the introduction of candidates for the Court of Arbitration,the Court of Cassation and the Council of State (the Supreme Administrative Court).

    For the most important powers, the two assemblies act on an equal footing. Revisionof the Constitution, approval of certain laws and ratification of international

    6Source of fact boxes if nothing else stated: The World Factbook Belgium7Inter-Parliamentary Union-Women in National Parliaments

    elections: Senate and

    Chamber of Deputies -

    last held 18 May 2003

    (next to be held no later

    than May 2007)

    election results: Senate

    seats by party - SP.A-

    Spirit 7, VLD 7, CD & V

    6, PS 6, MR 5, VB 5,

    CDH 2, other 2 (note -

    there are also 31

    indirectly elected

    senators); Chamber of

    Deputies seats by party

    - VLD 25, SP.A-Spirit

    23, CD & V 21, PS 25,

    VB 18, MR 24, CDH 8

    Ecolo 4, other 2

  • 8/12/2019 Un Pan 023303

    8/20

    7

    conventions. Both assemblies exercise all other powers, but it is the Chamber thathas the final say. The Senate is a forum for reflection and is therefore only expectedto pronounce on draft laws or proposals if it considers it necessary. The Senate mayalso take the initiative in putting forward a proposal for a law.

    Source:Belgium National Portal (2006)

    2.2 Executive Branch

    cabinet: Council of Ministers formally appointed by the monarch

    elections: none; the monarchy is hereditary; following legislative elections, the leader of the majority

    party or the leader of the majority coalition is usually appointed prime minister by the monarch and then

    approved by parliament

    Prime Minister is the head of government. It implies that hechairs the council of ministers and the inner cabinet. Inaddition, the Prime Minister has a number of collaborators inthis function, but as the head of government and as a co-ordinator, he has to take up the reins himself and no file canreplace his personal dedication.

    As the head of the government, the Prime Minister consultsregularly with the king, the constitutional head of theexecutive. However, he is accountable to parliament whosemembers and senators can question or call upon him. ThePrime Minister and his ministers can also introduce bills andexplain them to the competent Chamber or Senate commissions.

    Article 99 of the Constitution provides that the Council of Ministers consists of atmost 15 members and that the Council of Ministers, with the possible exception ofthe Prime Minister, comprises an equal number of Dutch-speaking and French-speaking ministers. In addition, Article 104 of the Constitution expressly providesthat Secretaries of State are not members of the Council of Ministers.

    Source:Belgium National Portal (2006)

    2.3 Judiciary Branch

    Supreme Court of Justice or Hof van Cassatie (in Dutch) or Cour de Cassation (in French) (judges are

    appointed for life by the Government; candidacies have to be submitted by the High Justice Council)

    The Constitution provides for an independent judiciary, and the Governmentgenerally respects this provision in practice. The judicial system is organizedaccording to specialization and territorial jurisdiction, with 5 territorial levels: Canton(225), district (27), provinces and Brussels (11), courts of appeal (5), and the Courde Cassation, which is the highest appeals court. The Cour de Cassation or Supreme

    Court of Justice is at the top of the judicial hierarchy. Judges are appointed to theCour de Cassation for life by the monarch.

    The five courts of appeal, both criminal and civil, are referred to the courts of appealby the courts of assize, where 12 jurors decide all cases by majority vote. Eachjudicial district has a Labor Court, which deals with litigation between employers andemployees regarding wages, notice, competition clauses, and social security benefits.There is also a magistrate in each district to monitor cases involving religious groups.The law provides for the right to a fair trial, and an independent judiciary generally

    Fact box:

    chief of state:King

    ALBERT II (since 9

    August 1993); Heir

    Apparent Prince

    PHILIPPE, son of the

    monarch

    head of government:

    Prime Minister Guy

    VERHOFSTADT (since 13

    July 1999)

  • 8/12/2019 Un Pan 023303

    9/20

    8

    enforces this right. A High Council on Justice supervises the appointment andpromotion of magistrates. The Council serves as a permanent monitoring board forthe entire judicial system and is empowered to hear complaints against individualmagistrates.

    In 1999, Parliament enacted legislation that further defines crimes against humanity,war crimes, and genocide and also imposes penalties for such crimes. The lawprovides that Belgian courts have jurisdiction over such crimes no matter where they

    were committed, and it does not grant immunity to heads of state or government. Asa result of the new law, commonly known as the law on universal jurisdiction.

    Source: Comparative Criminology Europe - Belgium

    2.4 Local Government

    A structure of Belgium is on three levels: the upper level comprises the Federalstate, the Communities and the Regions; the middle level is occupied by theProvinces; and the lower level is that of the Communes. The redistribution followstwo broad lines: one linguistic (and more broadly, everything relating to culture), theother economic. Belgium today has 3 Communities (the Flemish Community, theFrench Community and the German-speaking Community), based on language, and

    3 regions (the Flemish Region, the Brussels-Capital Region and the Walloon Region)with autonomous economic powers. The country is further divided into ten provinces(Antwerp, Flemish Brabant, Walloon Brabant, West Flanders, East Flanders, Hainaut,Lige, Limburg, Luxembourg, Namur) and 589 communes.

    The federal State retains important areas of competence such as foreign affairs orjustice. The Regions are competent to deal with territorial matters such as townplanning, the environment and employment. The Provinces act within the frameworkof competencies at the federal, Community or Regional level, being primarily alsounder the tutelage of these various authorities. The Communes are the seats ofpower that are closest to our citizens. Like the Provinces, they are under the tutelageof the various other authorities.

    Source:Federal Public Service Foreign Affairs Belgium (2006)

  • 8/12/2019 Un Pan 023303

    10/20

    9

    33..TThheeSSttaatteeaannddCCiivviillSSoocciieettyy

    3.1 Ombudsperson

    The Belgium Ombudsman was created on 22 March 1995 and consisted of a Dutch aswell as French federal ombudsman. The Federal Ombudsman can initiate aninvestigation, provide recommendation to the parliament and mediate between theFederal Government and individuals.

    Source: Federal Ombudsman of Belgium (translated) edited (2006)

    3.2 Civil Society

    The Belgian nonprofit sector, is in great measure a product of the welfare statemodel the country adopted in the immediate post-World War II period. This model, acombination of the principle of subsidiarity and centralized public administration,

    facilitates cooperation between associations without profit purposes, as manynonprofit organizations are known in Belgium, and government agencies to providesocial welfare services such as health care and education. Thus, like much ofWestern Europe but unlike most other countries, Belgiums nonprofit sector relies ongovernment sources for the majority of its revenue. Still, volunteers, who make upmore than a third of the sectors total human resource pool, are crucial to thesectors activity and impact.

    Source: Center for Civil Society Studies at the Johns Hopkins University Institutefor Policy Studies Belgium (2005)

  • 8/12/2019 Un Pan 023303

    11/20

    10

    44..CCiivviillSSeerrvviiccee

    The Belgian federal ministries employed about 60,500 staff. The Ministry of Financeemploys more than half of the federal civil service. As a result of the federalisingreforms of the 1980s and 1990s, the federal civil service has been reduced in termsof function and number. The federal level now employs two-thirds of publicemployees. This reflects the long-standing Belgian tradition of autonomous non-governmental executive agencies.

    Source: Labor relations in the Belgian, French, German and Dutch public services (2001) &Chris Hanretty, the senior civil service in Belgium (1999)

    4.1 Legal basis

    In Belgium the civil service regulations takes the form of royal decrees, whereas thenumber of Parliamentary Acts on the civil service is very limited. There exists nogeneral Civil Service Act. The Belgian federal civil service is ruled by the Camu

    statute, a royal decree from 1937, which was slightly modified on several occasionssince then, but the basic principles of which have never been put into question. Itcontains detailed provisions about recruitment, selection, staff evaluation andpromotion.

    Source: Labor relations in the Belgian, French, German and Dutch public services (2001)

    The legal rules governing relations between the Belgian State and its employees datefrom the Camu statute of 2 October 1937. They are built on the pillars of a neutraland apolitical administration and competition-based recruitment. They aretraditionally underpinned by the principle of equality: equality between French andFlemish speaking employees, equal opportunity to join the civil service, equalchances of promotion, etc. While statutory employment is the standard in the

    Belgian administration (in theory at least), the administration increasingly calls uponthe services of employees with contracts.

    Source: Institut de la gestion et du dveloppement conomique - Public Management Outlook (2003)

    4.2 Recruitment

    Access to the Belgian civil service is only possible after the successful passing of acompetitive examination organised by the federal selection and recruitment office(SELOR). The recruitment and selection of state officials is covered in part III of thestaff regulations for state officials (Articles 15 to 44).

    Persons may not be appointed as state officials unless they meet the generaladmission conditions such as conduct compatible with the requirements of the postand entitlement to full civil and political rights (Article 16). When they are recruited,established and contractual staff must supply a certificate of good conduct and moralstanding. Article 17 also authorises special conditions of appointment, while Article17.2 authorises additional conditions for posts open to corruption. For regionalappointments, it is normal to examine criminal records for all posts, not just thoseopen to corruption.

  • 8/12/2019 Un Pan 023303

    12/20

    11

    Article 1.2 of the royal decree of 22/12/00 lays down the conditions for recruitmentto Brussels-Capital Region government departments and other public agencies andbodies. As at the federal level, established staff must be recruited via the permanentsecretariat for state staff recruitment (SELOR). At federal level, as part of theirpreparation prior to formal appointment, established officials receive training on thestaff regulations. This reflects the government's intention to develop in eachdepartment or agency an information and training function or unit answerable to the

    aforementioned integrity monitoring department. The project originated in agovernment agreement dated July 2003 (point 3). There are certain specific featuresof the training received by regional and local officials. During their preparatorycourse, future officials of the Brussels-Capital Region government and other publicbodies are introduced to the rights and duties applicable to them during theircareers.

    Source:Council of Europe Group of States against corruption Second evaluation round of Belgium (2004) & Laborrelations in the Belgian, French, German and Dutch public services (2001)

    4.3 Promotion

    In principle, promotion is based on objective factors such as length of service,performance appraisal, and recommendations. However, the (informal) reality wasoften different from the (formal) rules and within the system political criteria haveplayed a preponderant role in promotions of university graduated civil servants.

    The formal rules on promotion is set by the Camu Statute of 1937, which establisheda model for the civil service based on competitive examination and promotion onmerit. The Camu Statute was applied to all ministries, harmonizing differentregulations. Its rigid strictures provoked informal ways of countering regulations inorder to ensure political control.

    Source: Labor relations in the Belgian, French, German and Dutch public services (2001)

    Promotion is almost always internal. However, the number of contractual officials hasgrown as a counter to rigidity. 13% of workers in Grade 1 are contractual. This mayor may not be patronage-based. Fixed-term mandates have been introduced for thedirectors of executive agencies, and were intended to be introduced length of serviceis the first factor in determining promotion. To be considered for a top position, onemust have spent at least fifteen years in Grade 1, but usually longer since vacanciesonly appear slowly. Performance reviews are a second factor in determiningpromotion. Historically, they have been mere formalities. A new system was recentlyintroduced, but has not yet come into operation. A third factor is the advice of theDepartmental Board of Directors, composed of the top two or three officials of theministry. Historically, the Boards advice has been ignored by ministers who

    preferred to appoint candidates with the right political affiliations. However, since1988, the directors advice has been followed more often..

    Source: Chris Hanretty, the senior civil service in Belgium (1999)

    4.4 Remuneration

    Remuneration is based on seniority, social security provisions are distinct from thoseapplied in the private sector and civil servants enjoy a stand alone special pension

  • 8/12/2019 Un Pan 023303

    13/20

    12

    scheme. Salaries are low in comparison to the executive agencies and the privatesector in general. There are four and a half grades: from highest to lowest, they are1, 2, 2+, 3 and 4. Grade 1 is largely restricted for university graduates, but thepossibility of promotion from grade 2 exists. Within grade 1, there are a number ofsub-grades, distinguishing between secretary-general, director-general, counsellorgeneral, middle ranking staff, and junior staff. Civil servants are appointedstatutorily, giving them security of tenure, extensive social benefits, and definedcareer prospects. Final salary schemes are generous; few retire before the

    retirement age of 65.

    Source: Chris Hanretty, the senior civil service in Belgium (1999) & Laborrelations in the Belgian, French, German and Dutch public services (2001)

    The Belgium civil service was divided into four levels (1, 2, 3, 4) but a fifth level wasadded (level 2+), to revalue specialized functions requiring a higher education.Before this reform, these functions were classified in level 2.

    Table 1: Levels in the public administration in Belgium

    Nature of the work Level of education

    level 1 Management, conception andstudy work

    University education + non-universityhigher education (long type)

    level2+

    Specialized work non-university higher education (shorttype)

    level 2 Execution, management support Higher secondary

    level 3 Administrative office work Lower secondary

    level 4 Manual work Primary education

    Source: Paper for the International Conference on Civil Service Systems in aComparative Perspective - University of Indiana the Belgium Civil Service(1997)

    4.5 Training

    There is a budget and departments have also developed training policy. There is alsotraining director in each ministry. Nevertheless, training and education are not asimportant as other criteria in the career of the civil servant. There is also a longtradition that civil servants follow a management training at the universities so that

    they get in contact with scientific research

    Source: Paper for the International Conference on Civil Service Systems in aComparative Perspective - University of Indiana the Belgium Civil Service(1997)

    In the absence of any explicit provision arrangements for the regular rotation offederal staff are based on Articles 37 and 102.2 of the Constitution, which authorisethe crown to determine the status of state officials. The recent regulations applicable

  • 8/12/2019 Un Pan 023303

    14/20

  • 8/12/2019 Un Pan 023303

    15/20

    14

    - Men

    - Women

    98%

    2%

    96%

    4%

    91%

    9%

    level 1

    - Men

    - Women

    99%

    1%

    99%

    1%

    96%

    4%

    86%

    14%

    76%

    24%

    total personnel

    - Men

    - Women

    93%

    7%

    87%

    13%

    81%

    19%

    62%

    38%

    55%

    45%

    Source: Paper for the International Conference on Civil Service Systems in aComparative Perspective - University of Indiana the Belgium Civil Service

    (1997)

    4.7 Representation in the civil service

    Language quotas have existed since the 1930s, with most ministries choosing toadopt parity between Flemish speakers and Francophones. A 1966 law formalisedthis system. From the middle ranks of grade 1 onwards, complete parity isrequired: 40% for Dutch-speakers, 40% for French speakers, 10% for bilingualDutch-speakers, and 10% for bilingual French speakers. This favours theFrancophones, since Dutch-speakers make up about 60% of the Belgian population.

    The federal and Flemish governments have also tried to limit the growth of thecabinet, with the federal government requiring that ministers met their secretarygeneral and other top representatives at least once a week.

    Source: Chris Hanretty, the senior civil service in Belgium (1999)

  • 8/12/2019 Un Pan 023303

    16/20

    15

    55..EEtthhiiccssaannddCCiivviillSSeerrvviiccee

    5.1 Corruption

    2003 CPI Score relates to perceptions of the degree of corruption as seen bybusiness people and country analysts and ranges between 10 (highly clean) and 0

    (highly corrupt).

    Corruption Perceptions Index

    2003 CPIScore

    SurveysUsed

    StandardDeviation

    High-LowRange

    NumberInst.

    90 percentconfidence

    range

    Rank Country

    1 Highly clean 9.7 8 0.3 9.2 - 10.0 4 9.5 - 9.9

    17 Belgium 7.6 9 0.9 6.6 - 9.2 5 7.1 - 8.1

    133 Highly corrupt 1.3 8 0.7 0.3 - 2.2 6 0.9 - 1.7

    Source:Transparency International -Corruption Perceptions Index 2003

    Surveys Used:Refers to the number of surveys that were used to assess a country's performance. 17 surveys were

    used and at least 3 surveys were required for a country to be included in the CPI.Standard Deviation:Indicates differences in the values of the sources. Values below 0.5 indicate agreement, values

    between 0.5 and c. 0.9 indicate some agreement, while values equal or larger than 1 indicate disagreement.

    High-Low Range:Provides the highest and lowest values of the sources.

    Number Institutions: Refers to the number of independent institutions that assessed a country's performance. Since

    some institutions provided more than one survey.

    90 percent confidence range:Provides a range of possible values of the CPI score. With 5 percent probability the score

    is above this range and with another 5 percent it is below.

    There is no anti-corruption action plan or general strategy. However, at federal levelthe Belgian authorities have established an "integrity monitoring" department in theFederal Public Department (Ministry) on Budget and management controlauthority". The new department advises and provides operational support to all

    federal departments (FD) and proposes measures to prevent corruption. Moretargeted initiatives have been introduced in the federal police and the federal financedepartment. For example, the federal police director general of personnel haslaunched an integrity action plan. Finally, the Anti-Corruption Act of 10/2/99 hasstrengthened the penalties for public officials found guilty of corruption. There is nogeneral system for assessing the effectiveness of anti-corruption measuresconcerning the public service as a whole. According to the Belgian authorities, such asystem would be meaningless. It could not enforce its decisions on all the entities, asBelgium does not have an overall administrative structure but as many systems as ithas entities, which have sovereign powers, at least as far as communities andregions are concerned.

    Source: Council of Europe Group of States against

    corruption Second evaluation round of Belgium (2004)

    In addition, there is a Court of Audit, which under Article 180 of the Constitution,that makes observations within the scope of its auditing missions and are forwardedto Parliament by way of yearly Reports of comments, published as parliamentarydocuments. Besides a succinct reminder of the various reports transmitted toParliament in the course of the year (budget analyses, prefiguration with regard tothe accounts of the preceding year, reports concerning the approval ("visa") withreservation, etc.), these Reports of comments set out the results of the main auditscarried out in the various administrations and bodies falling under the Court of

    http://www.transparency.org/http://www.transparency.org/surveys/index.html#cpihttp://www.transparency.org/surveys/index.html#cpihttp://www.transparency.org/
  • 8/12/2019 Un Pan 023303

    17/20

    16

    Audit's remit. They also contain general information pertaining to public financesand, particularly, to the tasks and powers of the institution.

    Source:Belgium Court of Audit (2002)

    5.2 Ethics

    The first federal code of conduct was approved in 2004 for the FEDICT (the computer

    department), the prime minister's office, budget and management control, andpersonnel and organization. The integrity monitoring department now assists allfederal departments to draw up and assess codes of conduct. It now plans to take aseries of steps to put these codes into practice in the field. Examples include trainingin leadership ethics for different groups of managers, poster information campaigns,videos and so on. In Brussels-Capital Region, staff rights and duties are laid down inthe aforementioned government decrees of 6/5/99 and 26/11/03 and royal decree of22/12/00.

    At federal level, breaches of the ethical rules in the government codes of conduct areliable to disciplinary sanctions, under Articles 7 and 13 of the staff regulations.Article 77 lays down the following sanctions, which remain in individual staff files for

    periods of at least six months to three years: warning, reprimand, withholding ofsalary, disciplinary transfer, disciplinary suspension, relegation in step, downgradingand removal from post, with or without loss of pension rights. The avenues of appealare laid down in Articles 82 to 95. Officials of Brussels-Capital Region are liable to thesame sanctions, other than reprimand, disciplinary transfer and removal from postwhile retaining pension rights. There are no central data on the use of thesesanctions but the integrity monitoring department hopes to introduce systematicrecording in a central register as part of its proposed integrity policy for federalgovernment.

    Source: Council of Europe Group of States againstcorruption Second evaluation round of Belgium (2004)

  • 8/12/2019 Un Pan 023303

    18/20

    17

    e-Government

    Readiness Index:

    The index refers to thegeneric capacity or

    aptitude of the public

    sector to use ICT for

    encapsulating in public

    services and deploying

    to the public, high

    quality information

    (explicit knowledge) and

    effective communication

    tools that support

    human development.

    The index is comprised

    of three sub-indexes:

    Web Measure Index,

    TelecommunicationsInfrastructure Index and

    Human Capital Index.

    Web Measure Index:

    A scale based on

    progressively

    sophisticated web

    services present.

    Coverage and

    sophistication of state-

    provided e-service and

    e-product availability

    correspond to anumerical classification.

    Telecommunications

    Infrastructure Index:

    A composite, weighted

    average index of six

    primary indices, based

    on basic infrastructural

    indicators that define a

    country's ICT infra-

    structure capacity.

    Primary indicators are:

    PCs, Internet users,online population and

    Mobile phones.

    Secondary indicators

    are TVs and telephone

    lines.

    0

    0.1

    0.2

    0.3

    0.4

    0.5

    0.6

    0.7

    0.8

    0.9

    1

    Belgi

    um

    Neth

    erlan

    ds

    Germ

    any

    Fran

    ce UK

    Japan

    USA

    e-Government Readiness Index

    Source: United Nations World Public Sector Report 2003

    Human Capital Index:

    A composite of the adult literacy rate and the combined primary, secondary and tertiary gross enrolment ratio, with two thirds of the weight

    given to adult literacy and one third to the gross enrolment ratio.

    66..ee--GGoovveerrnnmmeenntt

    6.1 e-Government Readiness

    0

    0.1

    0.2

    0.3

    0.4

    0.5

    0.6

    0.7

    0.8

    0.9

    1

    Belgium

    Neth

    erland

    s

    German

    y

    Fran

    ce UK

    Japa

    nUS

    A

    Web Measure Index Telecom. Infrastructure Index Human Capital Index

    Source: United Nations World Public Sector Re ort 2003

  • 8/12/2019 Un Pan 023303

    19/20

    18

    e-consultation:

    The government website explains e-consultation mechanisms and tools. It offers a choice of public policy topics online for discussion with

    real time and archived access to audios and videos of public meetings. The government encourages citizens to participate in discussions.

    e-decision making:

    The government

    indicates that it will

    take citizens input

    into account in

    decision making and

    provides actual

    feedback on the

    outcome of specific

    issues.

    e-Participation

    Index:

    Refers to the willing-

    ness, on the part of

    the government, to

    use ICT to provide

    high quality informa-

    tion (explicit know-

    ledge) and effective

    communication tools

    for the specific

    purpose of empower-

    ring people for able

    participation in

    consultations and

    decision-making both

    in their capacity as

    consumers of public

    services and as

    citizens.

    e-information:

    The government

    websites offer

    information on

    policies and

    programs, budgets,

    laws and regulations,

    and other briefs of

    key public interest.

    Tools for dissemi-

    nating of information

    exist for timely access

    and use of public

    information, including

    web forums, e-mail

    lists, newsgroups and

    chat rooms.

    6.2 e-Participation

    0

    5

    10

    15

    20

    25

    30

    Be

    lgiu

    m

    Nethe

    rland

    s

    Germ

    any

    F

    rance UK

    Japan

    USA

    e-information e-decision making e-consultation

    Source: United Nations World Public Sector Report 2003

    0

    0.1

    0.2

    0.3

    0.4

    0.5

    0.6

    0.70.8

    0.9

    1

    Belgium

    Netherland

    s

    Germany

    Fran

    ce UK

    Japan

    USA

    e-Participation Index

    Source: United Nations World Public Sector Report 2003

  • 8/12/2019 Un Pan 023303

    20/20