Consolidated Legislation On Competitions In Public Administration - Appendix "c" To The Organic Law

Original Language Title: Testo Unico della normativa sui concorsi nella Pubblica Amministrazione - Allegato "C" alla Legge Organica

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LAW 107 of 19 September 1990 (published 27 September 1990)
Consolidated legislation on competitions in Public Administration - Appendix "C" to the Organic Law


We the Captains Regent of the Most Serene Republic of San Marino
promulgate and publish the following law approved by the Great and General Council
its meeting of 19 September 1990.
Art. 1
Admission organically
The plan posts for civil servants are awarded through competitive examinations issued by the Congress of State
. The contests are public or internal qualifications, for examinations, qualifications and tests, to test prtica
or masterpiece.
One of the posts will be filled through internal competition in the cases indicated by the equipment organic
.
The Public Administration can proceed organically admission per call in places
provided under Laws.
Art. 2
General requirements for admission into organic
The general requirements for admission into organic are:
a) be a citizen of San Marino or in the condizi under article 4 of the Convention Italo -
San Marino dated 31 March 1939;
B) have the enjoyment of civil and political rights;
C) not to have criminal convictions for premeditated crime, involving restriction of personal freedom
for longer than one year, or for the same space of time
disqualification from public office, to be demonstrated by submitting the criminal record;
D) have reached 18 years after the issue date of the competition;
E) it is in possession of the qualifications required by the staffing;
F) be physically fit to perform a route;
G) owning the other specific requirements of the laws for the place in the competition.
The documents referred to in subparagraphs a), b), c), must be not older than three months from the submission of the application
.
Art. 3

Contests The competition, both public and internal, is issued by the State Congress, in compliance
resolution of the Consultative Commission at least two months before the date fixed for the submission of applications
.
The competitions based on qualifications and tests provide a written test and a practical test and an oral exam
.
Art. 4
Publication of the competition notice
The announcement is made public through posting to valvas palatii and from public offices as well
by sending to the trade unions by the Secretariat of State for Internal Affairs || | at least 45 days before the deadline.
It 'faculties of the same Secretariat to give more publicity to the notice.
The failure to publish the notice is due to invalidity of the competition.
Art. 5
Commission Appointment of Judges of the competitions
At each competition, both public and intrno, the Congress of State shall, within thirty days from the deadline
, a Selection Committee composed as follows:
- Chief of Staff or another designated official dl Congress of State who he presides. In case of absence of the President
directly holding the function of Chairman of the Commission
one of the members appointed by the Congress of State;
- Three members appointed by the Congress of State;
- Four members appointed by the joint in the form legally recognized
Trade Unions.
The Congress of State and the trade unions also appoint two alternate members for
part.
In the event of any tie that expressed by the President.
And 'the Commission's right to use two or more' experts also in the examination.
The experts and members of the Commission can not be chosen among the members of the Great and General Council
, the magistrates, of the Service or the Sector Managers referred to by the
place put out to tender.
They can not be part of the same Commission relatives or relatives up to the third civil degree and those that
in the same grade are relatives or relatives of one of the competitors; also they can not be part of the Commission
examiner numbering more than two people who are part of the same
Office of one of the competitors.
Art. 6
contest Operations
The competition operations begin within 60 days from the date of appointment of the Commission.
Each member of the Evaluation Commission may be on the record the reasons for his dissent in order
judgments taken by the majority of the Commission itself.
At the end of the competition tasks, the Commission shall draw up a merit list of competitors
suitable on the basis of the results of the competition.
Art. 7

General criteria The general criteria, the evaluation tables of the securities, the minimum and maximum points for each examination

examination and other procedural provisions are set out in the articles.
The examination subjects for each post which was not specified in the respective equipment's Organic
.
Art. 8
Compliance Commission
The jury meets at the outset, within twenty days after being appointed to
verify the regularity of applications submitted and then declare the admission of candidates to contest
.
The date of conduct of the written or practical examination, must be communicated to the candidates
The competition is not less than thirty days before it starts, by registered letter to the competitor
home or mailing address stated in the application. The Commission convenes with
same shapes listed above candidates for the oral examination.
The communications referred to in the preceding paragraph shall state that the applicant must present proof
to carry an identity document.
Art. 9 Preparation of the written test

The jury of the competition is convened for the same day that the test is written
exam in order to prepare the five topics including what will be drawn to play .
In the event of disagreement among the Commissioners on the choice of the five written arguments are entitled to each
Commissioner propose a topic, including the President of the Commission takes out five
that are placed each in a sealed envelope and countersigned by the Commissioners.
Before the written test examination the Commission carried out the personal identity
competitors, then calls a candidate for a declaration that the integrity of the sealed envelopes and make a
extract containing the topic to be assigned as pr go to competitors.
Reading is also given of the non-selected topics.

Art.10 of the written test Conduct
During the written test is not allowed competitors to communicate with each other or get in
relationship with others, except with the Commission members examiner.
The works must be written exclusively, on pain of nullity, on paper bearing the stamp of
Secretariat of State for Internal Affairs - Office of Personnel - and the signature of the President of the Examination Committee
.
Candidates may not bring writing paper, notes, books, or publication of any kind.
They can only refer to the legal texts, dictionaries and those other publications that are
posed to them by the Commission, or previously authorized by the competition notice.
The contestant who violates the provisions of Sections or that has
copied in whole or in part, their design is excluded from the competition.
The examining carefully the observance delleisposizioni same and has the power to adopt the necessary measures
. For this purpose, at least two of the members must be constantly in
the examination hall.
After the test, the candidate, to which the Commission had previously delivered a
large envelope, a small and a little card, enters their processed, which should not be
subscribed and you should not have any other marks, in large envelope along with the envelope
small, closed and unmarked, containing the card on which the candidate wrote the
name and surname. The big bag is closed by the applicant and signed by at least two members of the Commission
.
Large envelopes are opened by the examining board when it will examine the processed
.
The award, with the opening of the small envelopes, it must be done after all the deliverables of
competitors have been inspected and judged.

Art.11 Practice Test Conduct
The Selection Committee for the competition prepares the scheduled day for the practical test, a
appropriate number of tests, more than the number of contestants.
Introduced candidates and ascertained the identity, each take randomly draws an envelope containing the test
according to which the candidate will be evaluated.
During the practical examination, candidates may not refer to professional texts related to the test in the course
.
The examining committee must be present to complete during the whole practical test.
At the end of the practice test the Selection Commission shall immediately take the
evaluation. Art.12


Minutes of the competition The Selection Committee at each stage of the competition takes the minutes and proceed immediately
the merit list of competitors. The final report must specify the detailed score achieved by
Candidates found suitable and be r sa public together with notification

Of the competition is to be made personally to each competitor. All candidates may
access within the terms of use of the general minutes of the contest operations.
Art. 13 Effectiveness of the list

The ratings of merit are approved within thirty days of its completion with acknowledgment of
State Congress delegation that the Chief of Staff to appoint the winners.
The list drawn up by the Commission Giudicatrie effective only for the places available
competition and is valid for one year from the date of its completion which occurs with
identification by the Administrative Court of the Congress resolves to State
transposes the order of merit of the competition.
If the list includes a number of suitable higher than that of places available
competition and out any of the winners renounce or decay of the appointment or for any reason ceases to service
within the ranking of the validity period, the chief of Staff shall, within thirty days
the appointment of successful candidates in order of ranking.
An appeal against the ranking may be submitted within 60 days of receiving the notification,
in accordance with Law 68 of June 28, 1989.

Art.14 Evaluation of processed
In the evaluation of the written test and the test pr tica
each Commissioner will assign a rating between 0 points and 10 points
Each test will receive an express vote dec resulting in me from the average of the votes cast by each Commissioner
not compute the minimum and the maximum. Art.15


Conduct of the oral test for the conduct of the oral test exam the Jury is required to consider
for each subject under examination and the candidate's general.
The Commission will prepare for each exam subject matter a list of at least fifteen subjects
including, at the opening of the examination interview, the candidate will extract two subjects and one for each professional
other matter.
The candidate will verbally present an additional argument on professional subjects.
In the event that the topic chosen by lot matches the one chosen, it will proceed to the extraction of a new application
.
Each Commissioner has the power to ask the candidate
further explanations and information on the subject being examined.
In the assessment of the oral exam will be given by the commissioners a maximum score of points 1
for the subject History and Order of the Republic and a score of 0 to 9 points for specific subjects
, relating instead put to competition and the final score will be the sum of the scores attributed in
two orders of materials.

Art.16 Evaluation of qualifications
A - EDUCATION (maximum score 6 points)
1) At the level of education according to which the candidate is admitted to the competition, it has given a
score proportional to the grade obtained in the same title by 3 points up to a maximum of 5 points
2) the candidate who, not having the required qualification, is permitted under article 10 of the | || law 86 of November 25, 1980, is awarded the minimum score and precisely points 3.
3) for other degrees at a position equal to or higher than that required for admission or
specializations in following regular and legally recognized courses of study and related
instead put out to tender, are awarded 0.25 points up to a maximum of 0.50 point.
4) For each eligibility achieved in previous competitions held in the Republic of San Marino,
related to that which the ranking is based, they are awarded 0.25 points for every fitness up to a maximum of points 0
, 50.
5) are assigned 0.25 points up to a maximum of 1 point for publications, artistic productions,
patents, all closely related to the place put out to tender.
B - TITLES OF SERVICE (maximum score 4 points)
1) For each year or period considered as such in the laws and regulations of the Public
Administration, in the role service or in office in accordance with applicable law organic, played in the position
post to contest or in a closely related position, are attributed 1 points, and points
0,500 per semester, up to a maximum of 4. the points are cumulative periods
regardless of their duration. (*)
2) For each year of service offered under the existing Organic Law in a position other
that mail to the contest are awarded 0.25 points up to a maximum of points 1. The periods are || | cumulative regardless of their maturity.
Closely allied Service

In relation to point 1) it is stated that we consider closely allied positions from those found
organic position in relation to large-sameness of duties and tasks with the place
put out to tender, with the exception of references to levels parametrali nevertheless may not extend to more
'two levels.

Art.17 Failure recruitment service
The winner of the competition that does not take the service within the time allowed is declared
resigning office except in cases of impediment caused by force majeure or by serious and
justified reasons, provided that such impediments are communicated by the party concerned, the
who is given a final deadline by the Chief of Staff commensurate with the reasons
impediment.

Art.18 criteria previously with the same score
With the same final score in the order you apply the following priorities:
a) head of household status with dependent person for whom it proves have title to
payment of family allowances;
B) state of disability not lower than 25% documented by the certification of the Commission of Investigations Health
Individual under Law 35 of March 10, 1988, subject to fitness to serve for the set at
competition;
C) length of service in the Public Administration;
D) the date of attainment of educational qualifications;
E) date of birth.

Art.19 Participation and effective date of the appointment
The appointment was announced by the Chief of Staff to the interested parties by registered letter with return receipt
, indicating the place assigned, the qualifications and the salary level | || correspondent, and the invitation to take the service within the period, not less than 60 days to be determined by the letter
.
At the legal and economic effects the appointment takes effect from the date in which the winner takes service. Art.20


Trial period The employee is appointed on probation for six months from the actual taking of the service date. In case of absence
for justified reasons of the test is dependent on the faculty of the Chief of Staff
grant an extension for a period not exceeding that of absence at the request of the Head Office.
The evaluation of the trial period is carried out by the Consultative Commission on reference
Head Office after which it is communicated to the employee by the Chief of Staff after the
acknowledgment of the Great and General Council.
The trial was held in the same office en ll'esercizio the same functions for which
was declared the winner of the competition.
The service provided during the trial period is recognized in all legal effects in respect of employees hired
organically definitively.

Art.21 organically final Taking
After the probation period with favorable hiring organically outcome follows character
stability by taking cognizance of the Great and General Council.
If within two months of the expiry of the trial period successfully carried does not intervene
acknowledgment of the Great and General Council the employee is hired in organic definitively.

Art.22 resigns at the end of the trial period.
If the Advisory Committee expresses an unfavorable assessment of the trial period, the employee is required to resign
with reasoned the Chief of Staff.
Against that decision it is subject to appeal to the Administrative Court.
The employee hired on trial and discharged is entitled to a payment equal to the salary
month salary for each year of service, be divided into twelfths for the period of service. Art.23 Internal competitions


Internal competitions are issued for permanent staff and for the places expressly provided by
Equipment Organic. You can open to employees who are in possession of the requirements
in the competition notice.
The internal competition notices are to be brought to the attention of staff by posting to valvas palatii and at
public offices as well as by sending to the Trade Unions
by the Secretariat of State for Internal Affairs at least thirty days before the notice expires.
The competitors are not required to submit the documents referred to in a), b), c), art.2 of
this law.
For the rest, the provisions relating to public competitions.
If the internal competition does not give positive results, the Chief of Staff, at the proposal of 3/4 of the members of the Commission Consultative
, holds the post which was through the appointment of an official to a
dell'art.25 meaning of Organic Law, or through public competition.

The disciplinary proceedings initiated against an employee does not prevent his participation in the competition
; the eventual his appointment, however, remains suspended until the end of the proceedings.
If the proceedings result in the application of a disciplinary punishment
more than 2/3 of the maximum period of suspension the employee is excluded from the appointment.

Art.24 are hereby repealed Articles 6th - 7th - 8 - 9 - 10 - 11 - 2 - 13 - 14 - 15 - 16 - 17 - 18 - 19 - 20 and 24 of the Organic Law
22 December 1972 41.
It 'also repealed Annex C to the organic Law and the Laws November 10, 1976 65 and 16 February 1979
3 that making changes and additions in that Annex C.
Art.25 | || this Act comes into force 15 days following that of its legal publication and
apply for the competition notices issued after its entry into force.
Our Residence this day of September 24, 1990/1690 Foundation of the Republic THE CAPTAINS REGENT

Adalmiro Bartolini - Ottaviano Rossi

THE SECRETARY OF STATE FOR INTERNAL AFFAIRS
Alvaro Selva || |
(*)
ERRATA Errata art. 16, POINT 1 B-service securities of Law 19 September 1990 n. 107
(Sitting Great and General Council of 30 October 1990)
"1) For each year or period considered as such in the laws and regulations of the Public
Administration, the service role or in office in accordance with current Organic law, held the position
post to contest or in a closely related position, are attributed 1 points, and points
0,500 per semester, up to a maximum of points 4. the periods can be accumulated irrespective
their duration. "