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26.    Ministers  and  state  secretaries may  delegate  the  decision making  power to  top  level civil
               servants for routine matters (for instance with regard to the granting of various forms of permission
               or in respect of selecting and appointing civil servants of ranks below the top management etc.). The
               top  level  managers  in  the  civil  service  include  secretaries-general  (most  senior  civil  servants),
               directors-general  (on  average  four  to  five  in  each  ministry,  responsible  for  a  defined  area  of
               policy/execution/supervision/operation),  inspectors-general  and  other  equivalent  positions.  Top
               managers are to offer their ministers unbiased advice. Once political decisions have been taken, top
               managers are to execute the decisions loyally. That said, it is the ministers or state secretaries, not
               senior civil servants, who are ultimately accountable to Parliament. Top level civil servants are not
               political  nominees  and  the  ministers/state  secretaries  have  limited  influence  on  appointments  to
               these  positions.  Their  recruitment  and  selection  are  conducted  according  to  open,  transparent,
               merit-based standard procedures. The appointments are made for a maximum of seven years.

               27.    Ministers  and  State  Secretaries  may  appoint  one  political  assistant  at  the  expense  of  the
               relevant ministry, duly informing the Prime Minister and the Council of Ministers. Political assistants
               are recruited without competition but enjoy the status of civil servants. Their appointment coincides
               with the term of office of the cabinet member. The political assistants may remain employed for a
               maximum of six months after the departure of the relevant cabinet member, to ensure the orderly
               completion of formal duties. They may, however, be reconfirmed by another (incoming) minister as
               his/her personal assistant or be employed within the ministry, if s/he passes a competition to the
               civil service (this has apparently happened on several occasions). The main role of political assistants
               is to liaise with Parliament and its committees as well as to ensure links with party-related events, as
               opposed to civil servants who are not allowed to maintain any political contacts (except following
               explicit instructions by a minister etc.). Exact duties of political assistants vary from one case to the
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               other . Political assistants are included in the official structure of a ministry, often the Office of the
               Secretary-General or a similar unit; however, they cannot be entrusted with public relations duties.
               The  role  of  political  assistants  may  vary,  they  do  not  play  a  decisive  role  as  do  top  executive
               functions.  They  are  not  politically  responsible  for  decision  making,  nor  do  they  take  part  in  the
               Council of Ministers, according to the authorities.

               28.    The  GET  notes  that  political  assistants  are  employed  on  the  basis  of  trust.  There  are
               practically  no  rules  pertaining  to  their  activities.  Political  assistants  communicate  personally  with
               parliamentary  committees  and  they  have  an  advisory  role.  Even  if  they  do  not  operate
               independently, they can for example assess how MPs weigh certain initiatives and convey ideas to
               the relevant minister or state secretary, thus influencing the functioning and the decision-making
               process of the executive. Their activities and tasks depend mainly on the employing minister/state
               secretary concerned. The GET notes that the status of political assistants is somehow contradictory.
               On the one hand, they are discretionary selected and employed by the top executive officials and
               they have functions closely relating to these officials’ political functions. On the other hand, they
               enjoy status as civil servants, who are obliged to stay out of political considerations. Depending on
               their functions, mandates and seniority, GRECO takes the view that political assistants may have an
               influential role in respect of ministers’ and state secretaries’ decision-making and in such situations
               should be regarded as persons entrusted with top executive functions (PTEFs). Consequently, there
               are situations where their status as members of the civil service, including the regulatory framework
               (e.g. code of conduct) for the civil service does not appear appropriate for political assistants.

               29.    The gross annual salary of ministers is €159,488.89 (including year-end bonus and holiday
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               allowance). The annual remuneration of a state secretary is €148,879.40 . In addition, ministers are
               entitled to a monthly allowance of €349.79 (net). This allowance is doubled to €699.59 (net) for the
               Prime  Minister  and  Minister  of  Foreign  Affairs.  State  secretaries  receive  a  monthly  expense


               13  Depending on the cabinet member, their position, the political attention on and the ‘weight’ of the Ministry, assistant’s
               work experience etc. Letter from the Prime Minister to the House of Representatives dated 30-10-2003.
               14  Source: Ministers and State Secretaries (Legal Status) Act


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