Representing the Local Interests in Governmental Policy Making. The Romanian Experiment
Lucica Matei National School of Political Studies and Public Administration, Bucharest
Abstract. The paper aims the analysis of mechanisms related to represen- tation of territorial interests at national level in formulation, implementation and evaluation of governmental public policies by involving local actors, local government associations (National Association of Municipalities, National As- sociation of Towns, National Association of Communes) in Romania. The paper is conceived on three major topics, represented in Romanian governmental institutional structures, on: 1. Levels represented in public policy making process, on one hand, terri- torial-administrative levels, national, county and local level (municipality, town, commune), and, on the other hand, the political, legislative, executive and consultative level. 2. Developments of public policy system, from the analysis of the Roma- nian legislative and institutional framework to practices, turning into account the institutional and legislative approach on public policies. 3. National and local actors, roles, illustrated in a study on a local struc- ture level. The elaboration of the matrix of stakeholders in finalising, elaborating, implementing and evaluating public policies will represent the conclusions of this paper.
Key words: inter-governmental relations; public policies; associations of local public administration.
JEL Codes: H11, H77, H83. REL Codes: 13C, 13G, 13J. Representing the Local Interests in Governmental Policy Making. The Romanian Experiment
43 44 Theoretical and Applied Economics University, Milan,Italy,12-14June,2008. making andapplication. create thesubsystemsfor publicpolicy- Executive involvedinpolicy-making,to implementation, todeveloptheagendaof around policy-makingandits mechanisms forhorizontalcoordination the Executive,tocreatesystemand policy-making reform.Itmeanstostrengthen administration andcivilservice,precisely namely: reformofthepublicsector, accordance withsomeexigenciesofchange, presently byRomania,andexpressedin Europeanization processiscloser,undergone environment. exogenous supra-nationalorEuropean state and,ontheotherhand,to one hand,totheendogenoussystemof of inter-governmentalrelations,related,on national governancesystemonseverallevels the relationpart-whole,reflectedin the occurrenceofa“consensus”concerning practices ofgovernancecouldnotdetermine etc. decentralization, delegation,privatization, on theotherhand,byeffectsof globalization andEuropeanintegration,and, determined ononehandbytheeffectsof of thetraditionalnationstate,change Governance inEuropeandtheUS Governmental RelationsandMulti-Level TransAtlantic Dialogue:“ The statestructureshave impacton For theEuropeanstates The currenttraditions,modelsand Today, wewitnessachangeoftherole 1. Introduction The paperwaspresentedattheFourth The StatusofInter-
”, Bocconi We mentionthemeaning concerningthe power) andatthelevelof territorial interests. decision-making partners ofthepublic representativeness roleinthedialoguewith interests fortheinstitutionalisedgroup(with complex system,expressedatthelevelof local interestsarerepresentedinthe stimulus forthelocalactors’actions.The mechanism, representingthecauseand components oftheeconomiclocal local needs.Theyconstituteoneofthe economic performancenecessarytomeetthe local actorsconcerningtheachievementof rationales, determinecertainbehaviourofthe local needsidentifiedundertheformof relations andinter-governmentalrelations. structures, representedinlocalgovernance interests oftheterritorial-administrative system, whichisreflectingtheterritorial implement andassessthepublicpolicy arguing byfactsitsowncapacitytoadopt, priority fortheirgovernance,ensuringand governmental ownsystemrepresentsa countries, functionalityofinter- between administrationsandcitizens. organisation andmanagement,relations rules referringtopublicadministration administrative law,asasetofprinciplesand of acommondefinitionforthe system toanother,weconfirmtheusefulness each country,varyingfromonenational existence ofaPublicAdministrationLawin Ziller’s (1993)assertionsconcerningthe state. Inthiscontext,basedonProfessor a uniquestatestructurecorrespondstoeach levels, takingintoconsiderationthefactthat administrations ondifferentadministrative developing theconnectionsbetween The localinterests,expressionsofthe For CentralandEasternEuropean local territory, comprising the geographic changes in public policy-making, imple- framework and the existent community, mentation and assessment. organised at social, economic and political The most important principles of public level, adding the historical, cultural administration (OECD, 1999), common for the dimension and the mark of the local European states, confidence and predictability traditions. (legal certainness), openness and transparency, responsibility, efficiency and effectiveness 2. Public policy-making in Romania represent the basis of public policies system also in Romania. Principles such as adminis- 2.1 Principles of public administration tration by law, principles of proportionality, The institutional and legislative legal certainty, protection of legitimate approach of the public policies is based, on requirements, non-discrimination, right to a one side, on the institutional management, hearing within the framework of decision- by using instruments such as planning of the making procedures in administration, interim resources (human, financial, material and reports, equal conditions to administrative administrative) or the development of courts, non-contractual responsibility of public efficient institutional models, borrowing from administration, established by the European the private sector expertise, the process of Court of Justice, are compulsory for all strategic planning, and on the other, the Member States (OECD, 1999). adoption, modernization and actualization of The above principles can be found in the necessary legislative framework. the administrative procedures and they are Both the principles of public administra- applied by public institutions on all levels. tion and the elements of the administrative The public sector actors are obliged by law framework, known as the context of to comply with these legal principles that “administration by law” (Schwarze, 1988) should be controlled by independent bodies, represent the premises to achieve a good systems of justice, parliamentary scrutiny, governance act. Thus, the quality of funda- individual authorised persons. mental laws on autonomy (instrument for the The results in different analyses of public Executive and an information and predicta- policy-making in Romania confirm the bility source for the public), the administrative respect of the above-mentioned principles at procedure (sets specific procedures for the level of different actions, as follows: decision-making process, coordination and The participation of actors – local balance of powers for the relation of officials authorities, private sector, non- with the public, communication between governmental organizations and them, authorising any interested party to be international institutions to the entitled to a hearing or to request appeal) and planning process of public policies. accountability and control mechanisms Another activity is that of informing (facilitating transparency, ensuring control in regard to the planned public policies of financial and administrative decisions, of the civil society – Principle of calling to courts) influence and determine key participation and transparency. Representing the Local Interests in Governmental Policy Making. The Romanian Experiment
45 46 Theoretical and Applied Economics formulating publicpolicies (methodologies framework validand coherentfor in theEuropeanspace(http://www.gov.ro): in Romaniafollowstheprinciplesapplicable .Existenceofagenerallegislative 1. The systemofelaboratingpublicpolicies
governance. of resources– efficiency, effectivenessandeconomy their assessment,byapplying objectives, estimationofresultsand actions onthebasisofpertinent public need,establishmentofclear determined bytheexistenceofa the Governmenttosituations The capacitytoreactinrealtimeof Principle ofsubsidiarity. the Romanianpublicadministration– applying publicpoliciesadoptedby The realassessmentofthelevelfor Principle ofresponsibility. levels fortheresultsachieved– suggests takingresponsibilityforall levels inthepublicpolicyprocess legislative, executiveandpolitical The involvementofactorsfoundat continuity andcoordination. with otherinitiatives– Government andtheircoordination tion ofthepoliciesRomanian policies isaboutpermanentactualiza- The processofplanningthepublic and coherence. be taken– be accomplishedandthemeasuresto a coherentviewontheobjectivesto situated atdifferentlevelsbyassuring problem ofpublicpoliciesactors and consultationrelationsinthe The capacitytodevelopcooperation Principleofcooperation Principleofgood Principleof Stages: process offormulatingpublicpolicies elaborating ownpublicpolicies. approval insidegovernmentalmeetings). drafts) whicharesentfordebateand which containsketchesofpolicies(policy preparation andrevisingofdocuments and welldefinedrulesregardingthe of Europemembership. processes, NATOmembership, andCouncil development ofglobalization foreconomic policies markedby:EUaccession, making. may affectthesystemforpublicpolicy- which containunpredictablechanges national policies. ministries. of elaboratingpoliciesrespectedby .Theinter-ministerialcharacterofthe 3. Autonomyoftheministriesin 2. 7. Internationalizationofgovernmental Avoidingre-organizationsorreforms 6. Prioritizingthecomponentsof 5. Elaboratingstandardsfortheprocess 4.
voice”; negotiated byministries:“totalkinone Public declarationsbasedonpositions Consultation betweenministries; legislative andpoliticaldocuments; ministries forformulatingthe Exchange ofinformationbetween reaching consensusandconciliation. solving byahigherauthority, Mediation betweenministries:conflict ministries; of conflictsnotresolvedontimeby Conciliation: mediationbyathirdparty interdependent policies; reaching anagreementbetween Consensus betweenministries: 2.2. Levels represented in the process Bucharest Municipality. Each county has its of public policy making residence at municipality level, representing The system of public policies is the political, economic, social-cultural and represented by the sum of instruments, scientific center of the county. At each procedures and institutional mechanisms, county level, the local government authority developed in order to improve the quality and is exerted by a County Council, coordinating efficiency of the decision-making process. It the activities of commune, town and suggests the existence of a good collaboration municipality councils. between the territorial – administrative levels, 2. The local level comprises 2851 national, county and local level (municipality, communes, 216 towns and 103 town, commune), on one hand, and political, municipalities (www.insse.ro). The legislative, executive and consultative, communes, towns and municipalities have managerial levels, identified as areas for their own Local Council (deliberative public policies actors. authority) and a mayor (executive authority), a. The territorial – administrative level elected after the poll organised on a term of legitimated by Constitution of Romania and 4 years. Bucharest Municipality is organised Law on Local Public Administration (Law on 6 territorial-administrative subdivisions, no. 215/2001) comprises three hierarchical called sectors. Bucharest Municipality has a levels: national, county and local (Figure 1). General Council of Bucharest Municipality 1. The county level is represented by the and General Mayor of the capital and each 42 counties of Romania, including also sector has a local council and a mayor.
National State level
Counties (42) County level
Local level Municipalities(103) Towns (216) Communes(2851)
Urban area Rural area Other divisions Sectors of Bucharest Municipality (6) Villages * (12946)
Source: Matei (2004). Figure 1. Representation of the administrative hierarchical levels in Romania
b. The representation of decision- defined at the Romanian administrative - making actors in public policies, identified territorial structures: related to roles and areas, other than those Representing the Local Interests in Governmental Policy Making. The Romanian Experiment
47 48 Theoretical and Applied Economics general guidelines,monitor thestandards, establish thegeneralrules andpriorities,the Government (GSG) efficiency ofitsdeliberations. order tomaximizecorrectitudeand permanent structureofsub-committeein adopts politicaldecisions,byusinga Government andincludesalsothemanagerial assumed byRomania; the sumofinternationalregulationstobe in sectoralproblems; assumed bytheGovernmentandministries, content ofstrategiesandpoliticalprograms system .TheGeneralSecretariatofthe b. TheCabinetofthePrimeMinister a. Nationalactorsandroles 3.1 3. Evolutionsinthepublicpolicy theexecutivelevel (3) thelegislativelevel (2) thepoliticallevel (1)
local public finances) finances) public local on Law finances; public on Law administration; on public Law Romania; of (Constitution autonomy. Recognising the responsibility of localcommunities managing in specific needs– financial ( interests. and needs local determines community territorial alocal of existence The
( tutelage” –“administrative authorities public central by community local of activity the Supervising ( authorities. administrative autonomous own of disposes community local The Constitution of Romania; Law onpublic administration) Constitution of Romania; Law onpublic administration) Figure 2. Constitution of Romania; Law onpublic administration) (box1)and KeyelementsofadministrativedecentralizationinRomania whichrefersatthe representedbythe whichrefersto
PPU Administrative decentralization (box 2) Local autonomy ministries andGovernmentinstitutions. problems occurringinfunctioningof (box 3). Public PoliciesandStructural Adjustment the PublicAdministration, Coordinating created theSuperiorCouncilforReforming administration andofpublicpolicies,was the reformprocessofpublic and inter-ministerialstructuresinvolvedin coordinating theactivityofinstitutions ministerial committees(box4).For as wellthefunctionalityofinter- attributions intheareasofpublicpolicies, conditions necessarytoaccomplish supervise theprogramsandensure citizens. and ministrieswithcivilsociety,media the relationsdevelopedbyGovernment of ministriesandpublicinstitutions; level whichrefertotheproblemsoffunctionality 5 themanagerial level (5) theconsultativelevel (4)
referstocurrent whichreferto Box 1 Achieves the activities necessary for The General Secretariat of the preparing and organizing meetings of Government the Government and completing the It establishes the methodological and drafts of laws already adopted. organizational framework for the system of For this aim, it: planning, elaboration, implementation of Analyzes and assesses the public public policies at the level of ministries and policy drafts and the drafts of laws, other special bodies of central public following the respect of procedures; administration, assuring: Organizes working meetings for elaboration of the system of planning preparing the meetings of Government and formulating public policies, of with representatives of state secretary conceptual documents and regulations or general secretary level, ministries regarding the elaboration of public and other public authorities initiating policies and their permanent or giving approvals, in order to improvement within a continuous correlate view points on draft process of consultation and proposals to be submitted to collaboration with the Ministry of Government for approval;
Economy and Finance and the Presents to the Prime Minister ‘s Chancellery of the Prime Minister; approval the list with documents and
application of the public policy working agenda of the Government, formulation procedures; as established during the debates and monitoring and assessment, using preliminary working meetings;
indicators of performance and other Organizes the Government’s meetings;
techniques of efficiency of the process Follows the accomplishment, by the of formulating public policies; ministries and other special bodies of
assures the methodological support the central public administration of the and consultancy to the ministries measures and tasks resulted from regarding the public policy formulation. legal acts and Government’s In this sense, it: meetings;
Collaborates with the public policies Completes the draft laws adopted by units inside the ministries; the Government, according to the law;
Assists ministries in implementing the Presents the normative acts adopted by procedures for formulating public the Prime Minister in order for him to policies; sign and to ministries with power of
Identifies the necessity for professional signature;
training of the personnel involved in Presents to the Parliament draft laws, formulating public policies in regard emergency ordinances followed by to instruments, methodologies and reasons and the decisions for their aptitudes of this system of planning of enactment, as signed by the Prime
the public policies; Minister; Representing the Local Interests in Governmental Policy Making. The Romanian Experiment
49 50 Theoretical and Applied Economics Governing Program,assuring: bodies ofthecentralpublicadministration. ministries, aswellwithotherspecial the relationwithParliamentand trial case; Governmental actsagainstthoseopeningthe ministries obligatedtoexecutethe Government beforejusticecourts,withthe of activity; of expertise,byassuring: It monitorstheimplementationof It assures,foritsareaofcompetencies, It assurestherepresentationof It elaboratesnormativeactsinitsarea It runsthefinancialoperationsinitsarea
Government; on theofficialwebsiteof emergency ordinancesand notes foradopteddecisions, Assures thepublicationofreasoning Romania, Part1; publication intheOfficialGazetteof the ChamberofDeputiesfor ordinances tothegeneralSecretaryof ordinances andGovernment’s Transmits thedecisions,emergency Chancellery ofPrimeMinister; Government, withtheexception ofthe draft fortheworkingapparatus ofthe the elaborationofannualbudget Program; of implementationtheGoverning Planning Councilinregardtothestage The informationoftheStrategic Program; implementation oftheGoverning planning andreportingthe format andinformationalsystemfor The accomplishmentofthestandard Romanian Government. formulating publicpoliciesandthe institutions withclearroleintheareaof authorities fortheareaofpublicpolicies; ministries andofotherinstitutionspublic or theircounterparts,namedbyleadersofthe ssions establishedbylaw; committees andinter-ministerialcommi- technical secretariatsofthecouncils, policies atcentrallevel. implementation andmonitoringofpublic to coordinatetheprocessofformulation, for strengtheningtheGovernmentalcapacity Policies Division Functions Assurestheinterfacewithother c. Collaboration–withstatesecretaries b. Coordination–theactivityof a. Roles To createandmakeperfectmechanisms Mission Public PoliciesUnitchangedinto Box 2
image ofRomania. aiming atpromotingtheexternal financing foractionsandprojects manages thefundsmeanttoensure legally created; the Governmentandotherstructures initiated bytheworkingapparatusof and destinedtoassisttheactions regarding thefundsofitsownbudget execution ofthefinancialoperations its areaofactivity; accomplishing theinvestmentplansin the elaborationandassessmentof order todefineastandard systemfor Elaboration ofanewframework in : : : formulating public policies at central Box 3 and local level; Superior Council for Public
Develop mechanisms, procedures and Administration Reform, Coordination of instruments for assessing the impact Public Policies and Structural Adjustment of public policies;
Elaborate analyses, studies and reports Attributions:
on the impact of public policies at Assures the coherent and unitary national level; character of strategies and policies at
Coordinate the elaboration of the the level of public authorities and Yellow Paper regarding the progress institutions, for fulfilment of conditions of the formulation process of public of the Euro-Atlantic integration;
policies; Assures the monitoring of strategies
Identification, elaboration, coordi- for reform of the public administration;
nation and monitoring of Coordinates and assures the implementation of programs under communication with councils, external financing in the area of public committees and inter-ministerial policies; commissions which administer the
Planning of the measures to be adopted Governmental policy in different in order to achieve the tasks stipulated areas;
in the strategies and programs of the Supervises the process of the reform Government; of public administration;
Creation of the necessary framework Supervises the implementation of for monitoring the process of strategies and policies at the level of implementing public policies by public authorities and institutions. institutions of central public administrations; Box 4
Monitoring the accomplishment of Inter-ministerial Permanent Councils standards for the process of public (Government decision no. 750/2005), as policy at central level; consultative bodies, with no legal personality:
Assuring the general framework for Inter-ministerial Council for internal continuous training of human affairs and justice;
resources involved in the process of Inter-ministerial Council for external policy formulation; and European affairs;
Disseminating the information to the Inter-ministerial Council for European civil society and other stakeholders of integration;
the governmental program regarding Inter-ministerial Council for economic the approach of elaboration of the problems, fiscal and commercial content and methods to implement policies, internal market, competition and monitor public policies. and business environment; Representing the Local Interests in Governmental Policy Making. The Romanian Experiment
51 52 Theoretical and Applied Economics Functions:
respective areasofinterests; tation ofgovernmentalpoliciesfrom assures thecoherenceofimplemen- of theareasitmanages; finds solutionsforspecificproblems planning. Inter-ministerial Councilforstrategic situations; Inter-ministerial Councilforcrisis planning andtourism; development, infrastructure,urban Inter-ministerial Councilforregional environment; agriculture, ruraldevelopmentand Inter-ministerial Councilfor sport andminorities; education, culture,research,youth, Inter-ministerial Councilfor affairs, health,consumers’rights; Inter-ministerial Councilforsocial and localcommunities; tration, civilservice,decentralization Inter-ministerial Councilforadminis- implementation forpromotedpolicies; coordinates themonitoringof for copingwithcertainproblems; law, ofinter-ministerialcommissions proposes thecreation,accordingto sectoral character; for solvingproblemswithmulti- forms inter-ministerialworkinggroups as theharmonizationofviewpoints; cation insidetherespectivefieldaswell assures theinter-ministerialcommuni- having severalattributions: special bodiesofpublicadministration, policies policies (box5). named specializedunitsintheareaofpublic policies areaccomplishedbyownPPU policies. Theattributionsintheareaofpublic on thedevelopmentofnewdraftspublic improvement ofimplementation,andinform results, usethisfeedbackforacontinuous policies, monitortheimplementationand drafts ofpublicpolicies,implementthe Specialised unitsfortheareaofpublic Box 5 c) Lineministries
subordinated workinggroups. ministerial commissionsandof monitors theactivityofinter- elaborates periodicalreports; cooperation withsocialdepartments. tation atthelevelofministries,in initiated policiesandtheirimplemen- and assessmentinregardtothe elaboration ofreportsmonitoring to PPUofGSG; sending thepublicpoliciesproposals making, monitoringandassessing; procedures forpublicpolicies– monitoring theobservanceof policy proposal; concerns theelaborationofpublic departments insideministriesinwhat assuring theconsultancyofspecial at thelevelsofministriesandother mustpreparetheir Executive level Legislative level Romanian Government Parliament of Romania General Secretariat of the Government (GSG) Box 1 GD no.405/2007 on GSG organisation and Public Policy Unit (PPU) functioning Box 2 Prime Minister’s Decision no. 258/06.11.2003 Ministry of Interior and Administrative Reform on GSG reorganisation Central Unit for Public Administration Reform (UCRAP)
Ministries GD no.1623/2003 on creation of the Superior Public Policy Units Council for Public Administration Box 5 reform, Coordination of Public Policies and Structural Adjustment
GD no. 775/2005 Chancellery for approving the of Prime Minister Regulation on procedures of Role: elaboration, monitoring and Coordination of public policy making process assessment of public policies at central level
GD no.117/2005 on the Inter-ministerial Committee for coordinating the reform of public policy reform
GD no.750/2005 regarding the creation of permanent inter-ministerial commissions
Decision no.43/1/2004 regarding the organization and functioning of the Chancellery of Prime Minister
Other institutions: Legislative Council
Laws: Regarding the organization and functioning of the Romanian Government and ministries, with changes and additions (Law no. 90/2001) Regarding the rules of legislative technique for elaborating the legal acts, republished (Law no. 24/2000) Regarding the free access to information of public interest (Law no. 544/2001) Regarding the decisional transparency in public administration (Law no. 52/2003) Regarding the organization and functioning of the Economic and Social Council, with changes and additions (Law no. 109/1997)
Figure 3. Institutional and legislative evolution on public policies Representing the Local Interests in Governmental Policy Making. The Romanian Experiment
53 54 Theoretical and Applied Economics communes inRomaniarelated toanyentity, (ACoR) legislation. proposals tochangeorcompleteactual related tocentraladministration,formulating view toimprovetheroleoflocalauthorities towns inRomania.Itwassetup1994 (AOR), tions andthirdparties. administration, non-governmentalorganisa- communities relatedtocentralpublic authorities andcommoninterestsoflocal Romania tosupporttheinterestsoflocal partner forGovernmentandParliamentof respectively 103members.Itisadialogue the townsthatweredeclaredmunicipalities, Romania (AMR) public policymaking. necessary intheconsultationprocessfor initiatives anditispresentwhenever the directparticipationtolegislative relation withthelegislativepower,supports relation withtheexecutivepowerandin interests ofcountycouncils,bothinthe public administration.UNCJRrepresentsthe County Councils,asauthoritiesoflocal organisation comprisingonfreeconsentthe in Romania legislative initiation.Theyareasfollows: making, intheprocedureofconsultation involved intheprocessofpublicpolicy the levelofadministrative-territorialunitsare cultural andenvironmentaldevelopmentat of responsibilityoneconomic,social, administration authorities 4. AssociationofCommunes inRomania 3. AssociationofTownsinRomania 2. 1. NationalUnionofCountyCouncils d. Theassociationstructuresofpublic representstheinterestsof210small representsunitarytheinterests of Association ofMunicipalitiesin (UNCJR) isanon-governmental , createdin1990,comprises fromtheprospect objectives; the endofpolicyimplementation; which willindicatethesituationtoexistat necessity ofinitiatingthepolicy; following elementsandstages: proposal consistsoftheexistence on domesticandinternationallevel. governmental organisationsandthirdparties central publicadministration,non- of localcommunitiesintherelationswith national politicalsystem,thejointinterests authorities inthecontextofpresent It representstheinterestsoflocal and otherpublicauthoritiesinstitutions. with theGovernment,ParliamentofRomania structures (AMR,AOR, Romania elaborating draftsfornormativedeeds. and toformulateproposalsintheprocessof initiative ofsomedraftsfornormativedeeds local level.Ithastherighttolegislative organised atnational,regional,countyor governmental ornon-governmental, that precedesthe achievement ofindividualdocumentsisastage analysis ofthesectoralpublicpoliciesand policies anddirectionsforaction.Thedetailed include identifyingthemainaspectsofpublic with generalcharacterintheinitialstage,which suggests creatingdocumentsofpublicpolicy 5. 4. General 3. 2. Defining 1. 5. FederationofLocalAuthoritiesin The processofpublicpolicy-making Publicpolicy-making 4. The institutionhavingtheinitiative; Defining thepublicpolicy; General objectivesand specific represents thememberassociation public policydraft aim the problem ofproblems’solving–
ACoR) inrelations thatledtothe . Theactual 6. Beneficiaries: direct (target groups) Ministries and other special bodies of and indirect; central administration may launch the 7. Alternatives for solving the problem; procedure to initiate drafts of legal texts 8. Process of consultation – is about following the same statute, only after receiving increasing the transparency of the decisional the conformance certificate. The conclusions process and allows, in the same time, the provided in this certificate are to be included accumulation of useful information needed in the reasoning of the draft of law. in order to solve problems of public policy. 10. Activities for monitoring and 9. Option for solving assessment are taking place during and after The proposal of public policies is subject the implementation of public policies. They of approval to the leader of the initiating follow the degree of achievement of the public institution of the public policy. It is sent to policy’ objectives and take place at the level ministries and other bodies of interest of the of each authority of central administration. central administration, for their elaboration Their object consists in the activities and results of comments and proposals upon seven days of the process of policy making. The of receipt. The proposal as such is handed methodology for monitoring and assessment in to the GSG. must be present in the public policy draft. The General Secretariat of the 11. Impact analysis of the public policy Government, through the Public Policies Unit, allows political decision takers to formulate enacts a conformance certificate to verify the a perspective regarding the consequences of respect of procedures by the initiators, signed the actions to be accomplished and the by the delegated minister for coordinating the assessment of the effectiveness of actions to activity of the GSG, in maximum ten days. be achieved (Figure 4).
Assessment of Identifying the public policy problem
Ex-post assessment of Ex-ante the public policy impact analysis of Monitoring the the public Formulating public policy policy the public policy
Ex-ante impact Implementing analysis of the Approval of the the public regulations public policy policy
Preparing the drafts of laws
Figure 4. Typology of the assessments in the public policy cycle Representing the Local Interests in Governmental Policy Making. The Romanian Experiment
55 56 Theoretical and Applied Economics organising andfunctioningofcommissions republished, GDno.314/2001onsetting, technique forelaborationofnormativedeeds, no. 24/2000ontherulesoflegislative deeds: process areregulatedthroughnormative information. information basis,producinguseful administrative bodies,improvesthe respective publicpolicy,betweenexecutive ministry responsibleforthedocumentof of governance,betweenministriesandline the topic.Consultationbetweenvariouslevels concerned, groupsofinterest,dependingon representatives ofbodiesandorganisations other handbetweenpublicinstitutionsand belonging totheexecutivepower,andon one handinsidethepublicinstitutions and a largeextentontheactivitiesof standards forconsultation andimpact regulation process. procedurally supportedin somecasesbythe 1. Different stagesoftheconsultation Implementing publicpolicies The qualityofpublicpolicydependson coordination policy Implementing thepublic for draftconsultation Formal process draft Elaborating the preliminary consultation ongenerallevel (Figure 5),developedon This imposesquality Figure 5. consultation
Consultation andcoordination –Law is stakeholders, etc. associations, of publicLine ministries, administration, otherinstitutions stakeholders, etc. associations, Implementation consultation inworkinggroups, with involvement in ex post assessment. involvement in expostassessment. onInforming the obtainingresults, society,consultation market, informingcitizensbymedia. professional associations,operatorsinthe of SocialDialogue,consultationswith achieved withindiscussionsinCommission authorities inelaborationofnormativedeeds. the associationstructuresoflocalpublic no. 521/2005onconsultationprocedurefor on localpublicadministration,art.8,GD consultation procedure:Lawno.215/2001 approved byGDno.775/2005. evaluating publicpoliciesatcentrallevel, procedures forelaborating,monitoringand in publicadministration,Regulationon Law no.52/2003ondecisionaltransparency of adoption,approvedbyGDno.50/2005, submitting draftsofnormativedeedsinview level, forelaborating,certifyingand – RegulationonproceduresatGovernment prefectures. for socialdialogueinsideministriesand regulation. leading tocriticsofthe efficiencyofthe bigger thanthebenefitto beobtained,even studies, andinvolveshighcosts,sometimes At ministrieslevel,consultationis Other normativedeedsregulatingthe 2. level ofinter-ministerialconsultation In the view of Maldelkern group (2001), The most important aspect of the process the principles for an efficient regulation are of implementation of public policies is that defined by the following characteristics: regarding the achievement of status for New Necessity, which consists in assessment Investments for Financing (NIF). They are of the public authorities of the need to included in the general cycle for elaborating introduce or not a new regulation; the budget. The Council for Strategic Proportionality, which says that any Planning has the following attributions:
regulation is to be maintained establishes and coordinates the between the advantages granted and priorities which derive from strategic the constraints imposed; documents for achieving the
Subsidiarity, which consists in the Government’s objectives in procedure of taking the decision at the collaboration with the resort ministries; appropriate administrative level; correlates the governmental policies
Transparency, which implies the with engagements and conditions participation of stakeholders and their assumed by the Government in relation consultation in elaborating the public with international organizations;
policies; elaboration of the multi-annual
Accountability, accessibility consisting programming of fundamental strategic of elaborating the accessible priorities and their corroboration with regulations which are addressed to medium budgetary planning;
them; correlation of policies to be implemented Simplicity, which means easy to use with budgetary funds allocated on short and comprehend regulations. and medium term (Figure 6).
National Development Plan Public policies documents Legal texts
Sectoral Strategy 1,2,3,...... n P
R
O
G Sectoral Plans 1,2,3,...... n
R
A Public policies drafts 1,2,3,...... n
M
Ministries’ strategic plans
Budgetary program
Framework for expenses on medium term
Source: www.gov.ro Figure 6. Correlating public policies with the budget Representing the Local Interests in Governmental Policy Making. The Romanian Experiment
57 58 Theoretical and Applied Economics Ministry ofEconomyandFinance(Figure7) regarding thepublicdebtinitiatedby policy mayberepresentedbythe A. One example Budget impact Economic, social V3V1, V2, Alternatives solving in nature Institutionsoffinancialandcredit - Economic - operators; administration; Authorities oflocalpublic - of Economy andFinance; - Beneficiaries: to thepolicies ofreaching convergence the levelofpublic it debt and correlating Maintaining, under sustainablelimits, Aim - - ofperformance indicators modalities andmonitoring /assessment, impact,targetgroup, benefits,risks, - Presenting recommended alternative:the
Government, bytheMinistry represented Estimated budget Deadlines involved toauthorities and Finance sub-loaning their ofas aresult of maintainingthepossibility theprocess Approaching atthe level, portfolio Implementationdebt ofLawno. 313/2004 onpublic Formulating the problem
monitoring the local public debt) monitoring thelocalpublicdebt) (Administrating thegovernmental public debt, and and authorizing Management ofpublic debt problem the Naming informulatingapublic Figure 7. Ministry Process forpublicpolicymaking Institution withInstitution initiative consultation Process of of Economy and Finance Finance and ofEconomy
contracting loans by the Ministry ofEconomyMinistry bythe loans and contracting
of central public administration (1). of central system ofmanagementthestatetreasury”. Project RO02586/03.04.03“Enhancingthe Bank andIMFthoseofthePHARE and supervisedbytheexpertsofWorld of administrating the publicgovernmental the debt,of administrating : debt management predictability ofgovernmental public and Increase transparency of efficiency, General objectives: debt public governmental the of thestructure - Optimizing bonds state of market the of - Development administration public bycentral paid be to obligations ofthe non-payment of the risks andto debt public governmental the contracted to associated costs the term, long on - reducing, Specific objectives 1. consulted tobe institutions Organisations, 8. World Bank Bank 8. World Fund Monetary 7. International Romania in ofCommunes 6. Association Romania in Towns of 5. Association Romania in ofMunicipalities 4. Association Finance of Public Ministry the of dialogue forsocial 3. Commission of Romania Bank 2. National Ministry of Interior and Administrative Reform Reform Administrative and Interior of Ministry Implementation
Legend: commissions for this particular instrument. (1) - The financing of projects (not of the Following this approach, the numbers of operations budgetary deficit). Contracting a considerable realized at the level of public debt portfolio, and amount of small governmental loans, denominated normally, the operational risk have increased. The in different currencies, with different conditions and optimal structure for this portfolio was not achieved. terms for reimbursement, with higher associated The implementation of this law as well as the costs due to the character of these instruments. regulations that followed signed by the World Bank, - By using loans, consequence of off time limit IMF and experts of the PHARE project RO 02 586/ withdrawing, the international financial institutions 03.04.03 “Enhancing the system of management of receive commissions for non-use as well as specific the state treasury”.
Source: www.gov.ro
B. The results of quantitative analyses of which 27 in the first year, 13 favourable of the proposals for public policies in 2006 certificates with observations, of which 8 in and 2007 (since adopting the Government 2006 and non-favourable certificates - 4, in Decision no. 775/2005 on Regulation for the first year. formulating, monitoring and assessing 3. the areas in proposals refer to educa- public policies) reveal the following aspects: tion (10), economics and business environ- 1. the number of proposals for public ment (22), social and health policies (10), policies has decreased in the second year, public works (3), public administration (2). related to the first year of applying the The areas of agriculture and rural Government Decision from 39 proposals in development, defence and foreign affairs, 2006, to 18 proposals in 2007; communication and IT were less represented 2. from the total number of proposals in 2006, lacking completely from the of public policy (57) during the two years, portfolio of the proposals for public policies 37 received favourable certificate from PPD, in 2007.
Evolution of proposals of public policies in 2006-2007 Table 1 Domain of public Favourable with Favourable Non-favourable Total policy observations
Type 2006 2007 Total 2006 2007 Total 2006 2007 Total of certificate Public 8 1 9 3 1 4 1 - 1 14 Administration and Justice Environment 1 1 2 1 - - - - - 2 Social Policies and 4 2 6 1 1 2 2 - 2 10 Health Agriculture and 4 - 4 ------4 Rural Development Education, culture 4 4 8 1 1 2 - - - 10 and interethnic relations Representing the Local Interests in Governmental Policy Making. The Romanian Experiment
59 60 Theoretical and Applied Economics
ders insubstantiating,elaborating, Actors iemnsr stakeholders Other Citizens Associations Professional Romania in Authorities Local Federation of Romania Towns in Association of in Romania Municipalities of Association Private Public Line ministry sector sector oa 7 0 7 5 3 - 54 4 - 4 13 5 8 37 10 27 Total and IT Communication Public Works and Development Infrastructure, Affairs Foreign and Defence environment business and finances Economics, policy public of Domain We definethematrixofstakehol- 5. Matrixofstakeholders holder- S of certificate certificate of
Stake Type in basing the basing in
S’s interest interest S’s policy policy 2006 2006 2007 Total 2007 Total 2006 2007 Total 8 1 1 12 1 - 1 3 1 2 8 6 2 ------1 - 1 - 1 ------10 12 0 2 4 6 8 Favourable Matrix ofstakeholdersinpublicpolicy-making S’s interest interest S’s in policy policy in 12345678 making making S’s interest interest S’s implement- ting the the ting policy policy in in Favourable with observations observations (Table 2). implementing andassessingpublicpolicies in assessing assessing in S’s interest interest S’s the policy the policy available to Resources Resources the S S the Non-favourable Total The capacity The 2007 2006 resources resources mobilize mobilize of Sto Position of S to the the to S policy policy Table 2 Conclusions governance indicators: visibility and The World Bank (www.wordbankorg/ accountability, political stability, wbi/governance/govdata) uses a complex governance effectiveness, quality of indicator GRICS (Governance Research regulations, rule of law, corruption control. Indicator Country Snapshot), formed out of In what concerns the policy making, the several hundred variables which come from relevant indicators are considered the different sources (25) and 18 different effectiveness of governance and the quality organizations. This indicator expresses the of regulations, whose evolution, for quality of the governing act in six different Romania is presented in Table 3.
Evolution of indicators of political stability, effectiveness of governance and quality of regulations in Romania Table3 Indicator 1996 1998 2000 2002 2003 2004 2005 Political Stability - 47.6 40.1 50.9 52.8 51.4 46.2 Government Effectiveness Estimate -0.88 -0.63 -0.67 -0.32 -0.16 -0.11 -0.03 (-2.5 to+2.5) Percentile Rank 17.1 24.9 26.8 47.8 54.1 54.1 56.9 (0-100) Standard Error 0.18 0.27 0.19 0.14 0.14 0.13 0.13 Number of 5 5 9 11 12 13 13 surveys/polls Regulatory Quality Estimate -0.59 +0.23 -0.31 +0.01 -0.20 +0.13 +0.17 (-2.5 to +2.5) Percentile Rank 25.0 53.2 35.0 53.2 47.8 59.1 58.4 (0-100) Standard Error 0.27 0.30 0.34 0.18 0.16 0.16 0.16 Number of 6 5 7 10 11 12 12 surveys/polls
Correlating the results obtained in the base with documents of public policies, area of public policies with those two elaboration of methodology and guidelines indicators, effectiveness of governance and for methods of analysis of the impact of quality of regulations, we observe a public policies, elaboration of methodologies dependency of their values of positive nature, for measuring the performance of public and directly proportional to the results ministries and institutions, strategic planning, achieved: e.g. law making and changing of elaboration of the guide regarding the the legislative system, completion of a data consultative process, etc. Representing the Local Interests in Governmental Policy Making. The Romanian Experiment
61 62 Theoretical and Applied Economics Ziller, J., Strategia actualizatãaguvernuluiprivind SIGMA, Paper,Principiileeuropeneînadministraþia Schwarze, J.(1988) implementarea ºievaluareapoliticilorpublice www.gov.ro; Ghidpentruelaborarea, 2004-2006, Bucureºti,2004,p.32,http:// accelerarea reformeiînadministraþiapublicã publicã, OECD,1999,p.8 Londra, 1992 limba englezã: srecht, Montchrestien, Paris,1993 politico-administratifs del’EuropedesDouze, References Administrations comparees:lessystemes Nomos, Baden-Baden.Versiuneaîn European AdministrativeLaw Europaisches Verwaltung- , www.worldbank.org/wbi/governance/govdata/ Strategia pentruîmbunãtãþireasistemuluide Maldelkern GrouponBetterRegulation, Matei, A.,” Institutul NaþionaldeStatisticã,2005,www.insse.ro României, Bucureºti,2006,www.gov.ro. nivelul administraþieicentrale,UPP,Guvernul elaborare ºiplanificareapoliticilorpublicela Bruxelles Report comunitar Concepte ºiabordãrifundamentale Bucureºti, mai,2004,pp.6-7,http://www.gov.ro la nivelcentral,GuvernulRomâniei,UPP,SGG, , Nov.2001,ComisiaEuropeanã, Evoluþia administraþieieuropene. , nr.3,2004,pp.29-43 ”, în Drept Final