Caspar Floris van den Berg

Rethinking the ‘Public Service Bargain’: the changing (legal) position of civil servants in Europe

It can be argued that because of the rise of New Public Management and the growing dominance of labor law and HRM practices, the so-called ‘traditional’ public law formulation of the position of civil servants has come under pressure in a number of Western European countries in recent decades and have shaken the ‘bargain’ agreed between the political and administrative leaders since the Second World War. By contrast, in Central and Eastern Europe and Britain, new Weberian-type civil service legislation has been introduced. In this analysis, we examine both apparent opposites from a public sector bargains perspective and find that European countries are at a crossroads in their reflection on the ‘bargain’. Points for practitioners For practitioners in this field two considerations are important to note. The first is that while the discussion about the (legal) position of civil servants within their political-administrative system may seem to be a national debate, in essence it forms part of a more general debate that is conducted all across Europe. The second is that both theoretically and empirically, two dimensions of the bargain have to be distinguished, namely on the one hand the material labor conditions (pay, job protection, etc.) and on the other hand the values of bureaucracy (impartiality, integrity, loyalty, etc.). As our empirical analysis shows, these two dimensions have become increasingly independent from each other in the discussions and reforms in various countries over recent decades. In other words, managerial reforms in terms of material labor conditions have in practice been paired with the renewed emphasis on Weberian values of bureaucracy. Whether this decoupling is sustainable from a policy point of view in the long run (i.e. whether Weberian-style labor conditions are or are not conditional for high levels of Weberian values of bureaucracy), remains to be seen.