Принципот на етика во jвната администрациja
The principle of ethics in public administration

Summary/Abstract: One of the most essential characteristics of a modern, democratic state is the professionalization of its (public) administration. In other terms, one could not label a country or its system as a developed one if the respective public administration does not function as a guardian of the democratic values on one hand (not only operate within the law, but also promote certain deeply accepted values), while serving the citizens and their (best) interest on the other. This standpoint is not merely emphasized in the legal doctrine, but also in the acts (cogent and soft-law) and reports adopted by the largest and most relevant international organizations such as the European Union (EU), the Organization for Economic Co-operation and Development (OECD), the Organization for Security and Co-operation in Europe (OSCE) as well as the United Nations (UN). Thus, the crucial question for every state striving towards progress is how to achieve these standards? Although the factors and determinants are numerous one of that is of paramount importance – to our view – is the principle of ethics. Namely, one could draw a clear line of causality between the way the principle of ethics is transposed in the legal system and the public administration professionalization. Consequently, this article deals with the very particular issue. First and foremost, we are going to illuminate how the Macedonian legal system ensures the compliance with the principle of ethics in the public sector. This practically means there are several aspects to analyze: (1) are there any rules regulating the public administration operations which refer to the principle of ethics; (2) are those (potential) rules declaratory (the obligation to behave ethically is only proclaimed) or do they provide mechanisms for their enforcement; (3) can the public servants be penalized if it is settled that they have behaved in an unethical manner; (4) which are the non-legal means that would raise the public sector employees’ awareness on the importance of the principle of ethics? Upon this initial study, the focus will be shifted towards the international rules and principles that were already mentioned. The idea is to compare them to the Macedonian ones, therefore setting the trace for any future legal reform in the country at hand. Special emphasis will in this sense, be placed on the international organizations’ recommendations on how the civil society can monitor the public administration’s (un)ethical behavior. Finally, the last point that shall be included in the article are the Code of Ethics, more precisely their role in the unacceptable behavior eradication (especially in the Republic of Macedonia, but also in the comparative law). The reason why they are specifically underlined is that the authors notice the trend of their legal sanctioning, i.e. a trend in to make the Code of Ethics not only a soft-law mechanism but an imperative one – the Administrative Servants Act of the Republic of Macedonia provides that the employee may be dismissed from office if he/she does not behave in line with the Administrative Servants’ Code. The article is going to be written using the analytical, comparative and historical method.

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