Green Paper on new Civil Services Act

law-admin Uncategorized

The Ministry of Justice and Public Security has submitted a report and a legislative proposal  regarding the Civil Service for consultation. The report, NOU 2019: 5, includes a draft Bill for a new Civil Service Act to replace the current Act from 1967.

The rules on consideration of cases remain in the centre of the new law. In addition, the draft bill contains new rules on the delegation of public authority in the state administration, organization and case consideration in collegiate bodies (boards) in the state administration, independent bodies in the state administration and some questions about the contents of administrative decisions.

The rules on disqualification are also comprised by the proposal. The committee proposes disqualification for anyone who has a significant economic interest in the outcome of a case and for anyone who has had a leading position in a company which is party to the case in the last year before the case began. In addition, whoever has decided a management case at first instance will be disqualified to consider a complaint.

The proposal aims at making the new act as easy as possible to comprehend and use, both for civil servants and for the general public. Furthermore, he Committee proposes a clearer definition of the scope of the Act. The Act shall apply to public administration in the state, county and municipality administration as well as for others when exercising public authority.  The Committee also proposes to clarify what decisions will constitute individual decisions under the Act.

The bill facilitates further digitalization of the activities of the Civil Service. The individual rules are intended to function in a technology-neutral way.

The Committee proposes an extended right to share confidential information between administrative agencies in the state, the county municipalities and the municipalities. In respect of personal data, the extended must be exercised in accordance with the requirements of the Personal Data Act, which implements the GDPR in Norwegian law.