Mandate of Acting Directors of Public Enterprises and Managing Civil Servants

Abstract

The positions of civil servants can be divided into managerial positions and others. Managing civil
servants are appointed and dismissed by the Government, for a term prescribed by law. In case of termination
of the mandate ahead of time, one of the ways to fill the vacancy is to appoint and appoint acting directors.
Here we encounter a big problem in practice, where the politicization and unprofessionalism of the administration comes to the fore. Despite the principle of professionalism, independence and depoliticization, by
applying this institute, leading political parties exert influence on persons appointed as acting, and thus control and keep them in suspense. Although the law limits the term of office of the acting director to 90 days,
with the possibility of extending it two more times in a row (in the Republika Srpska), we are witnesses that
most of them perform the role of acting director for several years. The same problem exists with the directors
of public companies, with the fact that the Law on Public Companies did not define the duration of the term
of office of the acting director. The question is, are the laws and final decisions made by the incumbents after
the expiration of their mandate and as such can they produce legal effects?