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The subject of this analysis are the new solutions in the Law on Employees in the Public Sector and the Law on Administrative Officials. The purpose of the analysis is to make a comparative overview of the solutions in the previous and new laws that regulate the area of the public sector, and to assess the points of progress or regress. This overview is a condensed text of the long-term efforts and opinions of the Center for Change Management (CUP) towards improving the system that regulates issues in the area of public administration, which are presented in the analyses, policy documents or reports that the CUP has prepared, namely:

• Policy Paper – Recommendations for Improving the Legal Framework for Public Administration[1]
• Expert commentary and proposals on the draft laws regulating employment in the public sector, published on ENER on 27.12.2024[2]
• Analysis of corruption risks in public sector employment procedures[3]
• Analysis of discretionary powers in the appointment and appointment of management structures in state administration bodies[4]
• Ethics and inconsistencies in the work of state administration bodies[5]
• Report on monitoring employment and the manner of allocation and implementation of budgets by public sector institutions[6]
• What are citizens interested in? Report on monitoring the implementation of the law on free access to public information[7]
• Type of education - the only criterion for employment in the administration?[8]
• Analysis of the Law on Employees in the Public Sector[9]
• Analysis of the Law on Administrative Officials[10]
• Analysis of the modalities for establishing an Academy for professional development of administrative officials[11].

The analysis focuses on the most significant changes brought about by the new legal solutions in terms of public sector organization, human resources management, employment and promotion based on merit, accountability, results-based management, etc. The analysis does not address in detail the provisions regulating salaries and other remuneration of administrative officials.

It must be noted that in many areas of human resource management, and especially in the processes of selection, employment and promotion, an in-depth analysis cannot be made at this stage because there are no by-laws developed that should regulate this matter in more detail. Hence, the opinions and recommendations given in this analysis should be taken into account when creating by-laws, in order to support the principles of good governance and merit-based management.

The views and recommendations presented in this document were the subject of discussion with the competent institutions in the process of preparing the legal solutions, some of the proposals of CUP are part of the previous versions of the laws, and some have been accepted and incorporated into the new legal regulations. This analysis refers to the solutions in the laws after their adoption in the Parliament of the Republic of North Macedonia.

The comparative analysis of the previous and new Law on Employees in the Public Sector Employees (LEPS) focuses on the following points:

• Application of the law,
• Principles of law,
• Classification of jobs in the public sector,
• Employment and promotion.

The comparative analysis of the new and previous Law on Administrative Officials (LAO) focuses on the following points:

• Work experience in the profession,
• Status and competencies of the Agency for Administration,
• Category "A" Secretaries,
• Cabinet officials and external advisors,
• Selection and employment of administrative officials,
• Promotion and evaluation of administrative officials,
• Professional development and training,
• Disciplinary and material responsibility,
• Salaries, allowances and supplements,
• Code of ethics.

The tabular presentation of the previous and new legal solutions, accompanied by the appropriate opinion and position of CUP, provides a clearer and systematized presentation, which makes it easier for readers to follow and understand; and it is contained in Annex 1 and Annex 2.

The analysis was prepared within the framework of the project "Promoting good governance and public administration reforms" funded by the National Endowment for Democracy (NED).