Transcript Update on SCOP activities

Union, principally financed by the EU
A joint initiative of the OECD and the European
2nd SIGMA NETWORKING
SEMINAR
OECD Conference Centre
Paris 27-28 November 2008
© OECD
DG ADMIN’s perspective on Public
Administration Reform in the
enlargement
countries
by Ciresica BUTIU,
Inter-Service Policy Coordinator
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DG ADMIN, B5
Summary of topics
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
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
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
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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)

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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).
PAR informal acquis: European
principles of PA (SIGMA/OECD)
1.
Reliability and predictability: the legal certainty of PA decisions
2.
Openness and transparency: the administration is available for
outside scrutiny
3.
Accountability: administrative bodies are answerable for their
actions to other authorities and to the citizens
4.
Efficiency and effectiveness: maintaining a good ratio between
resources and results.
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Challenges related to PAR (1)

No formal acquis
-
only an “informal acquis” in the field of PAR (the principles of
European Administrative law)
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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
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no dedicated DG to lobby for PAR

Low priority field
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more focus on sectoral reforms than on horizontal ones.
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
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Deficits observed during preaccession

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

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Insufficient mobilization of political and societal actors to prevent and
fight corruption
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)
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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 (roadmaps)

Follow up of the PA issues in the progress/country reports of ELARG or ENP
countries

Feedback and 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.
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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.
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“PAR checklist” (1)
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

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Integration of principles of a sound PA derived from the Community law
“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)
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“PAR checklist” (3)
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…
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“PAR checklist” (4)
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, egovernment instruments, regular consultation of public opinion, one-stop
shops, information centers…)
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Conclusions: ingredients for a
successful PAR

Achieve the preconditions of the reform: political support, clear institutional setup 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)

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Regularly monitor and assess the results of the reform and ensure
sustainability.
THANK YOU!
[email protected]
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