Seminar on Public Administration Reform and European Integration, Ankara, 1-2 February 2005

OCTOBER 2005

Support for Improvement in Governance and Management

Public Administration Reform & European Integration Ankara, 1-2 February 2005 (Issue No. 10)

Articles in this Issue:

Seminar on PAR & European Integration, Ankara 1-2 Feb. 2005 “ Saving the State” Again: Turks Face the Challenge of European Governance

The European Administrative Space: Assessing Approximation of Administrative Principles and Practices among EU Member States A joint initiative of Efficiency and Legality in Public Administration: What is the Priority? the OECD and the European Government Evolving: Ensuring Accountability of Ministries and Agencies Union, principally Judicial Control of the Administration in Europe: Progressive Construction of a Common Model financed by the EU Administration and Territory in Europe: Public Services and Distribution of Governance Powers

Methods and Techniques of Managing Decentralization Reforms in CEE Countries: The Polish Experience

Decentralisation and Deconcentration: The French Experience Changing the Public Management Structure in Turkey

Next Update December 2005 will focus on Brainstorming in the Balkans: Regional Workshops in Budva, Montenegro

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► SEMINAR ON PUBLIC ADMINISTRATION REFORM AND EUROPEAN INTEGRATION, ANKARA, 1-2 FEBRUARY 2005

At the request of the Prime Ministry of Turkey, Sigma organised in Ankara in February of this year a seminar on “Public Francis Hénin Administration Reform and European Principal Administrator Integration”. The main purpose of the event Support to Institution- Building in Turkey was to stimulate a debate among top Sigma officials of the central administration on the A joint needs and goals for reforming the public initiative of administration in Turkey. It also aimed to raise awareness of the principles the OECD governing the European Administrative Space and to provide a forum for discussion of the implications of EU membership for the Turkish and the administration. Close to 100 Turkish policy-makers and senior civil servants, European representing a wide range of central ministries and national agencies, Union, participated in the seminar. principally The Prime Ministry Undersecretary, Professor Omer Dincer, opened the financed seminar. The Head of the EC Delegation in Ankara, Ambassador Hansjörg by the EU Kretschmer, declared in his introductory address that the seminar was “a great example of how Turkey and the EC can work together for ( ) Turkish membership of the European Union” and indicated that the EC considered administrative reform as an “essential aspect of the EU accession that Turkey [was] addressing.” Ambassador Kretschmer informed participants that the EC had sponsored the seminar as it represented “a quite unique opportunity to discuss in depth the challenges ahead of Turkey” with EU Member State experts who had previously had policy-making responsibilities. The seminar was closed by the Deputy Undersecretary of the Prime Ministry, Dr. Emin Zararsiz, who underlined the importance of the effects of EU membership on national administrations and on the distribution of public governance. The agenda of the seminar was organised around a series of papers and presentations prepared by experts from EU Member States, Turkey and Sigma. Francisco Cardona, Sigma Senior Advisor on Legal Framework, Civil Service and Justice, opened the debate with an introduction to the concept and principles governing the European Administrative Space. The Turkish expert Dr. Kivanç Ulusoy, from the Center for European Studies of the Middle East Technical University in Ankara, then set the stage for discussions on the challenge of European governance facing Turkey. Contributing experts from France, Germany, Spain and the UK led the debate on the following topics: efficiency and legality in the administration; accountability of ministries and agencies; public services and distribution of governance powers; and protecting legality in the administration. The seminar closed with two case studies: the first focusing on territorial reforms in Poland in the 1990s, and the second on decentralisation and deconcentration in France since the 1980s. Participants in the seminar clearly expressed a great deal of interest in learning about good practices in EU Member States and in the public management issues at stake at both national and European levels. Their active participation in the seminar discussions must be considered as a

success for the initiative and as a promising signal for the future. However, as has been the case in most EU Member States that have also undergone an ambitious and complex reform, the debate is certainly not over, especially on the ways and means of decentralising the public administration. The experience of Member States shows that such reforms represent a continuous process, which Sigma will continue to support by contributing to the national debate and by providing direct access to good reform practices.

This issue of Update provides links to the Sigma web site library and the eight papers that set the framework for the seminar on “Public Administration Reform and European Integration” held in Ankara on 1-2 February 2005. An extract from each contribution, together with a short abstract, gives a first view of the topic.

TOP A joint initiative of the OECD and the European Union, principally financed by the EU

► “SAVING THE STATE” AGAIN: TURKS FACE THE CHALLENGE OF EUROPEAN GOVERNANCE

Dr. Kivanç Ulusoy “The EU is a structural event, an entity in the process Center for European Studies of constant governmental transformation. It also Middle East Technical University mobilizes a transformation process beyond its Ankara, Turkey boundaries. For that reason, instead of considering EU-Turkey relations in terms of external imposition of the criteria for membership, this study concentrates on the structural impact of European governance on Turkish politics.” Public administration organisation has epitomised the notion of sovereignty A joint emerged from the Westphalian construct of the nation-state. The European Union means that states voluntarily share important elements of initiative of sovereignty. How may this affect a new Member State? What would be the the OECD implications of EU membership for the Turkish State and its public and the administration? European Read Kivanç Ulusoy’s paper Union, principally financed by the EU

► THE EUROPEAN ADMINISTRATIVE SPACE: ASSESSING APPROXIMATION OF ADMINISTRATIVE PRINCIPLES AND PRACTICES AMONG EU MEMBER STATESFrancisco Cardona Peretó Senior Advisor Legal Framework, Civil Service & Justice Sigma

“ In spite of the lack of acquis communautaire for horizontal governance systems, candidate countries are required to have administrative systems capable of transposing, implementing and enforcing the acquis according to the principle of ‘effective results’.” The public administration is a domestic affair for EU Member States. However, national public administrations have to apply the acquis communautaire in a homogeneous way in order to ensure that European citizens are able to enjoy the rights granted to them by the EU Treaties, irrespective of the country in which they live. National administrations have to apply European legislation as if it were domestic legislation. Do the other Member States have an interest in ensuring that each national administration has comparable quality and professionalism? Is there a process of administrative convergence among EU Member States? Are there benchmarks against which this convergence can be assessed? Read Francisco Cardona Peretó’s paper

► EFFICIENCY AND LEGALITY IN PUBLIC ADMINISTRATION: WHAT IS THE PRIORITY?

Michael Carpenter Counsel (European Legislation) House of Commons “ The more pertinent (but less provocative) question United Kingdom is….how is respect for legality best preserved whilst ensuring efficiency in public administration? Are there tensions between the two ideals, and how can they be best addressed?” EU Member States are obliged to situate the law, due process and respect of citizens’ rights at the core of the government. At the same time they need to increase economy, efficiency and rapidity in handling public affairs. Which comes first, legality or efficiency? What kind of efficiency should be expected from the public administration? A joint Read Michael Carpenter’s paper initiative of the OECD and the European ► GOVERNMENT EVOLVING: ENSURING ACCOUNTABILITY OF Union, MINISTRIES AND AGENCIES principally financed Dr. Prof. Gerhard Banner by the EU Governance International German Civil Service College Germany

“The ‘agencification’ process on which this paper focuses is but one element in a broader evolution of the modern state towards what pessimists interpret as its inexorable march into a legitimacy crisis and functional ungovernability and what optimists see as an invitation to learn how to manage public affairs more intelligently in a world of growing complexity and interdependence.” To ensure compatibility and smooth interaction, not only with their own citizens but also with partner administrations in other member countries, EU Member States must respect certain principles so that administrative actions are understandable to citizens and seen by outside observers as open and transparent. Without transparency, no accountability is possible. What are the mechanisms and institutions used by EU Member States to ensure transparency and accountability in their public administrations? How can they design clear accountability lines within the administration and with external administrative and non-administrative institutions? Read Gerhard Banner’s paper

► JUDICIAL CONTROL OF THE ADMINISTRATION IN EUROPE: PROGRESSIVE CONSTRUCTION OF A COMMON MODEL

“A state based on the rule of law implies the capacity of Jean-Marie Woehrling citizens to submit administrative actions to judicial control. Secretary General Central Commission for All European countries have now accepted this the Navigation of the Rhine fundamental idea, which has resulted in a reinforcement France of the role of the courts in controlling the administration throughout Europe. Even if this development is based on different traditions, an increasingly solid framework of common principles is emerging.” All EU Member States — and Turkey as well — have a tradition of judicial review of administrative actions and decisions. What are the main models for judicial review in EU Member States? How do executive powers and A joint judicial powers interact? How do states maintain the separation of powers initiative of and at the same time ensure the principle of administration by law enshrined the OECD in the jurisprudence of the European Court of Justice? How is judicial review and the facilitated by clear procedures for administrative decision-making? European Read Jean-Marie Woehrling’s paper: English and French Union, principally financed ► ADMINISTRATION AND TERRITORY IN EUROPE: PUBLIC by the EU SERVICES AND DISTRIBUTION OF GOVERNANCE POWERS

Enric Argullol i Murgadas Administrative Law Professor Pompeu Fabra University Barcelona, Spain “ The principles of autonomy and decentralisation are currently part of the set of values shaping the distribution of governance powers in countries throughout Europe. The reason for this is the generally accepted belief that autonomy and decentralisation constitute additional instruments to endow European democracies with a deeper and larger dimension. Although the EU is respectful of the diverse administrative organisational options of Member States, it is also true that the EU actively promotes those principles.” One of the goals of the EU is to promote economic development by ensuring balanced growth across the EU territory. Although the territorial distribution of political and administrative powers is closely linked to the history of each member state, what ideas and experiences should be considered when undertaking the decentralisation of public decision-making or the deconcentration of public services? What are the recent European experiences in assigning administrative competences across levels of government? How is the role of the central state evolving in the face of supranational EU institutions and the increasing devolution of powers to sub-national governments? How can social and national cohesion be best ensured in these circumstances? Read Enric Argullol i Murgadas’ paper

► METHODS AND TECHNIQUES OF MANAGING DECENTRALIZATION REFORMS IN CEE COUNTRIES: THE POLISH EXPERIENCE

Prof. Michal Kulesza Head, Public Administration Dept. “In order to restore local identity after 1989 (gmina Faculty of Law & Administration and poviat) and to create mechanisms for regional Warsaw University development (voivodship), it was necessary to Poland reverse the old system, which meant that the new system had to be based on the rule of subsidiarity, decentralisation and a democratic mandate for any authority.” The Polish public administration reform process of 1998-1999 introduced a clear distribution of public authority functions among local self-governments, A joint regional self-governments, and the central state government, including sectoral reforms in such areas as the police, education, social welfare and initiative of the management of public roads. How was this reform process managed? the OECD How should the results of the reform be evaluated? What lessons can be and the learned from the Polish experience? European Read Michal Kulesza’s paper Union, principally financed by the EU

► GOVERNMENT EVOLVING: ENSURING APaulCCOUNTABILITY Bernard OF Vice-President MINISTRIES AND AGENCIES French Institute of Administrative Sciences European Expert (Phare-TACIS) France

“The reform of the state is a prerequisite for societal change. Consideration must be given to the conception and the role of a modern, democratic state that is dedicated to basic needs and respectful of the law, rights and freedoms.” France is usually regarded as the European archetype of a centralised state. However, the reality of today’s France is quite different. A significant number of intermediate public bodies, administrative authorities, and regional and local governments have developed and increased their powers, administrative competencies and public expenditures in recent decades. These changes have elicited public and political debates, which are ongoing. Why did France undertake a decentralisation/deconcentration process? What lessons can be learned from the French experience? Read Paul Bernard’s paper: English and French

► CHANGING THE PUBLIC MANAGEMENT STRUCTURE IN TURKEY

In the 21st century, a time of rapid and major changes, globalization and the emerging information society have brought ever-increasing competition. The classical Weberian bureaucracy, built on a legal basis, has become inefficient and ineffective in the face of changing conditions, and in its place new, rational and productive organization Dr. M. Emin Zararsiz A joint models have been constructed. The concept of Deputy Undersecretary initiative of “governance”, which refers to the existence of Prime Ministry of Turkey the OECD various actors and the interaction between them, has gained ground, and rather than and the “managing people”, joint problem-identification and problem-solving are now European emphasized. Public management in the 21st century should be transparent, Union, participatory, accountable, effective, efficient, respectful of human rights and principally freedoms, predictable, flexible and rapid. It should also be based on law in a financed way that diminishes ambiguity and discrimination. In parallel with contemporary management concepts and the basic vision of management, by the EU public management in Turkey is now facing a pressing restructuring requirement. This requirement calls for a change not only in the management structure but also in the management paradigm. Public administration reform efforts in Turkey involve restructuring at the level of the central administration as well as at local government level, reduction and simplification of bureaucracy in the public sector, review of the rules of public sector ethics, the shift to a performance and reward system, transparency, and ensuring citizens’ access to information. To these ends, organizational legislation has been developed and adopted, and these laws include: the Right to Access Information, the creation of an Ethical Board for Public Servants, Public Financial Management and Control, Municipalities, Special Provincial Administrations, Metropolitan Municipalities, and Local Government Unions. Furthermore, draft laws on the Public Administration Framework, Public Personnel Reform and Administrative Procedure have been prepared, and the e-Transformation Turkey Project has been launched. The European Union is one of the important driving factors of restructuring efforts in the Turkish public administration. With the start of the EU membership negotiation process, Turkey needs to harmonize its legislation with the EU acquis communautaire. Since this process requires the definition of common and differing structures and regulations and the planning of implementation, reform efforts must continue, but with an increased momentum.

Sigma, a joint initiative of the European Union and the OECD, provides a significant contribution to our reform efforts, as it supports the modernization of public administrations in partner countries and helps with the definition of reform processes and priorities, development of organizational structures and legal frameworks, and design of projects and implementation action plans. In line with this work, a “Seminar on Public Administration Reform and European Integration” was organized in Ankara on 1-2 February 2005, which brought together Sigma experts and senior officials from the Turkish public administration. Sigma experts provided country reform experiences and gave presentations on the influence of supranational agencies on central administrations, the influence of the case law of the European Court of Justice on the judiciary and public management, on how to ensure the balance between efficiency and legality, and on the “European Administrative Space”. The seminar proved to be very beneficial, providing an overall perspective of the public system during the restructuring process, clarifying the relevant basic principles and concepts, offering expert information and experience, and emphasizing the importance of restructuring efforts. Turkey must resolve existing problems in public administration and continue its reform efforts, with an increased momentum in line with the EU integration A joint process. Sigma support will contribute to our restructuring projects in public initiative of management, which have been introduced with the motto “Change in the OECD management for change management”. We hope that this support and and the assistance will continue and will increase in this crucial period of EU European membership negotiations. Union, principally financed by the EU TOP