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Policy reform i.e. transforming the state WHAT WORKS AND WHAT DOES NOT WORK Sorin Ioniţă Romanian Academic Society (SAR, independent think tank) [email protected] 1 Symptoms of poor policy making • Ministries work in isolation and produce narrow draft laws; no cross-cutting strategies and policies; imprecise language, avoiding hard decisions (made by default in secondary legislation) • Discomfort in negotiating with other line agencies / assess broader social effects / facing trade-offs – quest for “the right technical solution” • Dysfunctional cabinet meetings – long, uncertain agenda, ambushed by agencies with their own pet projects, crisis-driven 2 Symptoms of poor policy making • No proper policy analysis, outcome assessment, CBA, implementation monitoring and feed back • Unstable and poor quality legislation leads to crises, solved typically by direct intervention; formal norms and institutions are by-passed: crisis mood – adoption of the acquis • Reinforce existing social habits to apply laws selectively; or ignore “unpleasant” rules In weak states, conflicts and negotiations occur after, not before a decision is made 3 Good policy process • An institutional “brain” exists helping the central government to filter and aggregate issues before they reach the cabinet; identify trade-offs, esp. across sectors, and make informed allocations (re-politicisation); cost out its actions; and monitor implementation • Relations among tiers of government are based on predefined rules (contractual), with due consideration paid to local autonomy • What the government does is reasonably transparent to the public • Bureaucracy is impersonal and effective (weberian) 4 Good policy process All these = changing the nature of the state = completing the unfinished process of modernization of Balkan societies (an effort pre-dating Communism) • Difficult change: it alters the balance of power between social actors • A good institutional structure (ex. Hungary) is a necessary, not sufficient condition of success 5 Agenda for reform How do we get there? two strategic reform principles: • People respond to incentives – not to preaching, pleas, trainings, etc. • Trainings and TA can fix knowledge problems; they cannot fix incentives problems 6 The actors What various actors can and cannot do. 1. The government 2. The parties 3. The think tanks 4. Brussels 7 1. The government Do: • • • • Admit that it has a problem with policy making Spend some political capital to initiate PM and CS reforms – commitment at the top Accept the idea of outside scrutiny (corporate audits) Pilot new PM system on big cross-sectoral legislation: decentralization, fiscal code, etc Don’t: • • Expect the problem will be solved through TA alone Avoid unpleasant tasks (reforming the policy cycle, CS reform) by delegating them to junior ministers with little real power 8 2. The parties Realistically - little to be expected from them; it is usually easier to reform the state than the parties = subjects rather than instruments of reform Do: • • Try to separate people seeking high office (ministeriabili) from those seeking advisory positions (experts) Try to recruit and support good experts – in party think tanks 9 3. Independent think tanks Dilemma: • Providers of expertise (limited success) • Enablers – create an environment in which politicians are forced to deliver and good policies pay off politically 10 3. Independent think tanks Do: • Start with big, eye-catching issues which can be explained on a bumper sticker, but are relevant – get media attention and make impossible for politicians to avoid them (ex. declarations of assets and income) • Alternate friendly advice (increase capacity) with confrontational approach (make things move) 11 3. Independent think tanks Don’t: • Criticize “political class” in general, cynicism is already widespread / but identify champions of reform in government and the CS and help them (otherwise, counterselection); help the public opinion to distinguish performers / poor performers (popularity is not a good predictor) 12 4. Brussels Do: • Use the EU conditionality mainly as an anchor for the rule of law (use “soft acquis” to reform the judiciary) Don’t: • • Expect the negotiations / absorption of the acquis to change SCG public administration and policy making process – it won’t On the contrary, it will add extra burdens on a weak state and consume the scarce resources of time and energy of the government 13 4. Brussels • “EU models” used as a rhetorical device to promote one’s group agenda • Danger that acquis will generate another layer of formal institutions, while reality will continue unchanged beneath The EU enlargement is not a development agenda for a poor and weak state; it helps only if used wisely by domestic actors 14 Agenda for change Practical things to reform PM and CS: • “Sunshine law” • All public procurement contracts are made public (including privatizations) • Institutionalize public hearings in parliamentary Committees (and possibly cabinet committees) • Individual track record of votes in Parliament, posted on the website 15 Agenda for change • External audit on the Prosecutor office (possible: secondment?) • External audit / monitoring (formal, informal) on budget execution, based on benchmarks • Formula-based financial transfers to local governments Basic idea: increase the costs to politicians of poor policy or clientelism 16