There are no legal requirements or criteria that will guarantee selection of persons with experience and adequate knowledge and their appointment in the governing bodies of public and state enterprises and regulatory bodies as directors or members of the management and supervisory boards. Also, the laws under which these organizations in Macedonia operate do not give provision for a procedure in which a member of a governing body of these institutions can be dismissed if they show weak results in their work.
These are part of the findings in the analysis “The Legal Criteria for Appointing the Leadership of Public Enterprises, Regulatory and Independent Bodies” by the author Yugoslav Gjorgjievski. The analysis is part of the project “Improved good governance of state owned enterprises and independent state bodies” funded with UK aid from the UK Government.
The document covers 173 public bodies, as well as 48 laws and bylaws regulating the work and activities, the appointment of members of management boards and directors of public enterprises, state-owned enterprises, independent regulatory bodies, state bodies and state bodies administration.
“The education criteria do not match the functions that candidates have to have for all three positions (director, board member or member of supervisory board). I think the most critical is with the supervisory boards because their members have to supervise the financial work and operations of these organizations. Еxept having a public call, there isn’t a procedure that will guarantee selection of most qualified candidates for the job, and this do not guarantee that quality persons will be engaged in all these authorities.“ said Gjorgjievski.
According to the analysis, the Law on Public Enterprises does not recognize a need for knowledge of the audit matter as necessary for the control of the material and financial operations of these enterprises. Also problematic is the lack of a procedure for dismissal of officials due to poor performance in the work.
“The conditions for dismissal are related to the termination of employment in accordance with the Law on Labor Relations (death, pension, six months imprisonment, loss of business ability or resignation). There are no conditions for dismissal based on poor performance, “the analysis says.
The project manager, Misha Popovic from the Institute for Democracy, points out that the legal analysis will be followed by research on how many of the providers of these positions in the country currently have the appropriate qualifications and experience in performing the function. This will also give a more detailed picture of the procedures that regulate the work of these institutions and how much they represent a dam against clientelism and corruption.
In the end, we want to the institutions that are founders of these enterprises and bodies ie the Government, the Parliament and the municipalities to offer tools and models that can improve the work of these bodies that play an important role in the life of the citizens because they are in direct touch with them. A common practice that should help and influence positively is greater transparency in the election and the appointments of the managers of these institutions that will enable the public to have fully insight in the whole procedure” Popovic said.
The analysis if available on the following links in Macedonian, Albanian and English: