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2 nd SIGMA NETWORKING SEMINAR

2 nd SIGMA NETWORKING SEMINAR. OECD Conference Centre Paris 27-28 November 2008.

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2 nd SIGMA NETWORKING SEMINAR

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  1. 2nd SIGMA NETWORKING SEMINAR OECD Conference CentreParis 27-28 November 2008

  2. DG ADMIN’s perspective on Public Administration Reform in the enlargement countriesby Ciresica BUTIU,Inter-Service Policy Coordinator DG ADMIN, B5Public Administration Reform in the context of good governanceby Hans-Georg GERSTENLAUERHead of Unit Social Dialogue, Enlargement and Relations with National Public Administrations (DG ADMIN)

  3. Summary of topics • What does Public Administration Reform (PAR) mean? • Is there any acquis communautaire on PAR? • Challenges related to PAR • Deficits related to PAR during the pre-and post-enlargement • What is the role of DG ADMIN in the field of PAR? • Main messages and PAR checklist • Ingredients for a successful PAR

  4. What is the PAR? • PA reform – process of modernization of structures, procedures and norms in order to improve the quality of public services and the relations with different categories of stakeholders. • Strengthening administrative capacities- pre-requisite for PAR • PAR in a European context relates to: EU institutions for increasing their efficiency and effectiveness MS for pursuing the administrative modernization Enlargement countries for preparing the implementation of the acquis communautaire

  5. PAR acquis? Copenhagen European Council (1993): • the stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities; • the ability to take on the obligations of membership and the administrative capacity to effectively apply and implement the acquis. Madrid European Council (1995): • the candidate countries are expected to have created the conditions for integration through the adjustment of their administrative structures. Lisbon Treaty (pending) • More focus on administrative cooperation between MS “The Union may support the efforts of MS to improve their administrative capacity to implement Union law. Such action may include facilitating the exchange of information and of civil servants as well as supporting training schemes” (art 176 D).

  6. PAR informal acquis: European principles of PA (SIGMA/OECD) • Reliability and predictability: the legal certainty of PA decisions • Openness and transparency: the administration is available for outside scrutiny • Accountability: administrative bodies are answerable for their actions to other authorities and to the citizens • Efficiency and effectiveness: maintaining a good ratio between resources and results.

  7. Challenges related to PAR (1) • No formal acquis • only an “informal acquis” in the field of PAR (the principles of European Administrative law) • cooperation is grounded on “soft instruments”: exchange of good practices, experts, information sharing, training… • No Community competence and institutional responsibility - PAR - intergovernmental area in which EU has only a complementary role - no dedicated DG to lobby for PAR • Low priority field - more focus on sectoral reforms than on horizontal ones.

  8. Challenges related to PAR (2) • Diversity in PA arrangements • broad variety of institutional settings, owners of reform and HRM systems (pay, performance appraisals, recruitment…) • regional and historic particularities to consider (former communist countries, situation of minorities) • different administrative traditions (anglo-saxon, French or Scandinavian model) • Poor sustainability after accession • high risk of change of the reform priorities along political change • no instruments to constrain the new MS to steadily pursue the reforms once integrated into EU structures

  9. Deficits observed during pre-accession • Insufficient political will to support the reform • Poor coordination of the reform (no “champion of the reform”) • Overlapping responsibilities of actors involved in the reform process+ unclear institutional set-up • Legal background incomplete or not properly implemented • Recruitment/promotion based on political patronage+ political dismissals • Insufficient transparency and accountability of the PA towards its customers • Insufficient mobilization of political and societal actors to prevent and fight corruption

  10. Deficits observed during post-accession • Low interest for continuing PAR once integrated into EU • Political changes influencing the priorities of the reform • No regular monitoring/evaluation/oversight of the PAR results • Recrudescence of corruption (Bulgaria, Romania) • No effective instruments of the EC to convince MS to pursue PAR. Result: Back siding of reforms in most new MS and poor sustainability of the reforms (SIGMA study)

  11. Role of DG ADMIN in relation to PAR • Contact point for enlargement, ENP and relations with national administrations • Coordination of administrative preparations for the accession of EU 10+2 (road-maps) • Follow up of the PA issues in the progress/country reports of ELARG or ENP countries • Feedbackand guidelines on ELARG or ENP topics (ELARG package, strategies, communications, CIS…) • Cooperation with stakeholders in the field of PA (line DGs, EUPAN, SIGMA, OECD, EIPA) • Facilitation of exchange of information and best practices among different stakeholders.

  12. Main messages of DG ADMIN to ELARG countries • There is a need to strengthen the administrative capacities of the structures implementing the acquis communautaire • Horizontal reforms should be taken into account along sectoral ones • Civil service must comply with the requirements of impartiality, transparency, efficiency, professionalism, ethics and accountability. • HRM systems should be based on merit, open recruitment and transparency. • Sustainability of PAR after accession needs to be ensured. Monitoring and assessment mechanisms should be put in place. • PAR should be linked to the fight against corruption and protection of EU financial instruments. A good coordination of national actors and civil society is essential to curb the corruption.

  13. “PAR checklist” (1) • PAR framework • Political will • Authority in charge with the coordination of the PAR • Comprehensive reform programme: reform strategy/action plan established + implemented after consultation with different stakeholders • Acceptance of the reform at all central/local/regional levels • Legal background on PA organization and administrative procedures endorsed and implemented • Integration of principles of a sound PA derived from the Community law

  14. “PAR checklist” (2) 2. Civil service quality • Structure in charge with civil service management • Legal acts endorsed and implemented (civil service act + secondary legislation - rights and obligations, ethics and integrity, merit + equal chances + transparency based recruitment, fair appraisal and promotion systems, appeals procedures, basic salary systems formalised + transparent bonus allocation policy, training, pension systems …) • HR instruments (CAF, competency frameworks, personal benchmarks, career guidance schemes, fast track…etc)

  15. “PAR checklist” (3) • Anti-corruption policy: • Political will to fight against corruption • Establishment/existence of independent anti-corruption bodies • Instruments to prevent, detect and penalise corruption (effective legal framework, anti-corruption strategies or laws, watchdog agencies, codes of conduct, penal laws, regulation of conflict of interest and incompatibilities, rules to ensure transparency and accountability in financial management, disciplinary procedures…) • Facultative requirements: ethic counselors, exchange of best practices, awareness campaigns, whistleblowers procedures…

  16. “PAR checklist” (4) • Transparency and citizen orientation: • Body/ies representing public interest (ombudsman.…) • Legal acts (law on free access to public information, law on treating citizens complaints, provisions on regular consultation of citizens…) • Transparency instruments (public events, citizens’ charters, e-government instruments, regular consultation of public opinion, one-stop shops, information centers…)

  17. Conclusions: ingredients for a successful PAR • Achieve the preconditions of the reform: political support, clear institutional set-up and functional legal background • Establish ownership of the reform and clarify the coordination between different actors • Issue a coherent reform program with key priorities and realistic deadlines • Make sure the actors involved in the reform are aware of their responsibilities and are willing to assume them • Mobilize all stakeholders in pursuing the reform objectives (executive, legislative, judicial branches, civil society, political parties, academics, mass-media, general public, foreign donors) • Regularly monitor and assess the results of the reform and ensure sustainability.

  18. THANK YOU!ciresica.butiu@ec.europa.eu

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