site.btaParliament Passes in Principle Integrity Tests for High-Risk Civil Service Positions

Positions deemed to carry a high risk of corruption will be filled only after candidates successfully pass an integrity test, according to amendments to the Civil Servants Act adopted by Parliament at first reading on Wednesday. The bill was submitted by the Council of Ministers.

The amendments were approved with 178 votes in favor, two votes against, and one abstention.

Members of Parliament also discussed and rejected a bill submitted by Democratic Bulgariaproposing amendments to the Civil Servants Act.

The government-backed bill stipulates that within three years of successfully passing an integrity test, a person may take part in a subsequent procedure for appointment to a position with a high corruption risk without having to sit the test again. The National Assembly also approved a provision preventing a person who has failed an integrity test from participating in a procedure for appointment to a high-risk position for a period of one year.

The Council of Ministers will adopt an ordinance defining the subject of assessment, general psychometric standards, measurement principles and methods, as well as the conditions and procedures for conducting the tests.

The bill's explanatory notes state that current legislation lacks a mechanism for assessing the integrity of civil servants occupying positions with a high corruption risk. The introduction of such a mechanism is necessary to ensure prevention, limit abuses of power and protect public resources.

The amendments specify which categories of officials may be appointed to such positions. They include chief secretaries and administrative secretaries of executive authorities, the permanent secretary of the Ministry of Foreign Affairs, the permanent secretary of defence and municipal secretaries.

Under the proposed rules, high corruption-risk positions would be held by officials in managerial and expert roles who initiate, organize and conduct public procurement procedures and sign contracts, as well as officials in managerial and expert roles involved in preparatory activities, the procedures for selecting concessionaires, or the monitoring of concession contract implementation under the Concessions Act.

The list also includes officials in managerial and expert roles involved in preparing and granting concessions under the Subsurface Resources Act, the Black Sea Coast Spatial Development Act and the Waters Act; officials in managerial and expert roles responsible for financial management and control of funds from the state budget, the European Union or foreign sources under the Public Finance Act; and officials in managerial and expert roles directly involved in units responsible for managing and disposing of state or municipal property.

The positions will be determined by an order issued by the appointing authority, based on the approved job descriptions for the respective roles.

Democratic Bulgaria expressed reservations regarding the psychometric test, as it is unclear how its reliability will be proven and how its uniform application across different administrations will be ensured. This is expected to be regulated by a future Council of Ministers ordinance, which, as a legislative approach, is incorrect, commented Lyuben Ivanov. According to him, the results of this test are linked to restrictions on the career development of a particular person within the administration. “We will support the bill at first reading because the goals are correct and it fulfills commitments under the National Recovery and Resilience Plan,” he said.

According to Velislav Velichkov, it would be better for the validity period of the test to be two years rather than three, while also providing for the possibility of unannounced checks. The integrity assessment aims to determine whether a person is actually fulfilling the requirements, not merely whether they met the conditions at the time of appointment, the MP explained.

He also expressed reservations about the implementation of the psychometric test. “Can integrity be specifically measured through a psychometric test, while at the same time court practice rejects such an approach?” Velichkov pointed out. He added that no independent external processing and verification of the test are being introduced.