public administration

Report
THE IMPACT OF THE EU ACCESSION
PROCESS ON THE PUBLIC
ADMINISTRATION REFORM IN CROATIA:
OPPORTUNITIES AND OBSTACLES
Dr Anamarija Musa, Faculty of Law, University of Zagreb, Croatia
Conference ‘EU and Icelandic Public Administration:The Impact of the
EEA and the EU Accession Process on the PAR in Iceland’, Reykjavik, 18th
October 2012
CONTENT

THE OVERVIEW OF THE EU ACCESSION PROCESS IN CROATIA

THE EU AND ADMINISTRATIVE REFORM IN CROATIA

WHAT KIND OF EUROPEANIZATION OF PUBLIC ADMINISTRATION ?

LESSONS THAT COULD BE DRAWN UPON CROATIAN EXPERIENCE
THE CHRONOLOGY OF THE EU-CROATIA RELATIONS
15 January 1992
EU countries recognized the newly independent state Croatia (war 1991-1992); Iceland was the first
country that recognized Croatia (19 December 1991)
May – June 1999
2000
The EC starts the Stabilisation and Association Process for Croatia and four other SEE Countries /Stability
Pact/
CARDS programme – an instrument for financial and technical assistance for SEE 2000-2006
29 Oct 2001
The Stabilisation and Association Agreement and the Interim agreement signed in Luxembourg
2002-2005
the application of Interim Agreement concerning trade and transport ; ratification of SAA
18 Dec 2002
Croatian Parliament adopted the Resolution on the Accession of the RC to the EU
21 Feb 2003
Croatia applied for EU membership
Jul-Oct 2003-
Croatia preparing answers to the EC’s Questionnaire with 4.560 answers
20 Apr 2004
EC issued a positive opinion (avis) on Croatia’s EU membership application
18 Jun 2004
Croatia was granted the candidate status
18 May 2005
Croatian Parliament adopted documents and established the structure for negotiations monitoring
1 Feb 2005
The Stabilisation and Association Agreement entered into force
16 Mar 2005
The Council adopted the Negotiating framework for Croatia / opening of negotiations postponed
Oct 2005
the launching of negotiations / screening process started
Jun 2006
first chapter opened (Ch 25 Science and Research) and provisionally closed
Oct 2006
screening concluded
Dec 2006- Dec 2008
19 chapters opened during two years
Dec 2008- Oct 2009
negotiations blocked
Oct 2009- Jun 2011
rest of the chapters opened, all chapters closed (during one and a half year)
30 Jun 2011
accession negotiations formally closed
9 Dec 2011
Accession treaty signed / monitoring mechanism established
22 Jan 2012
referendum on accession
1 July 2013
Membership expected (17 countries ratified the Accession Treaty by 18 Oct 2012) plus
monitoring mechanism in place (reports every six months)
KEY FACTORS WHICH INFLUENCED THE ACCESSION
PROCESS (I)

EXTERNAL FACTORS
1. enlargement fatigue and low absorption capacity on the EU side after
the Big bang enlargement
2. political and economic instability of the EU, the growth of Eurosceptic
sentiment and extremist parties
3. instability in the region – carrots and sticks approach: Croatia as a
model for others / strict monitoring
4. positive factor: lavish financial and technical support (CARDS, PHARE,
IPA from 2007) (*)
EU ACCESSION FINANCING INSTRUMENTS (MIL.EUR)
http://ec.europa.eu/enlargement/instruments/overview/index_en.htm
Country
2007
2008
2009
2010
2011
2012
2013
Albania
61.0
70.7
81.2
94.1
94.4
94.5
98.1
Bosnia &
Herzegovina
62.1
74.8
89.1
105.3
107.4
107.8
111.8
Croatia
141.2
146.0
151.2
153.5
156.5
156.1
95.4
FYR Macedonia
58.5
70.2
81.8
91.6
98.0
101.8
117.2
Iceland
-
-
-
-
12.0
12.0
6
Kosovo*
68.3
184.7
106.1
67.3
68.7
68.8
73.7
Montenegro
31.4
32.6
34.5
33.5
34.1
35.0
35.4
Serbia
189.7
190.9
194.8
197.9
201.8
202.0
214.7
Turkey
497.2
538.7
566.4
653.7
779.9
860.2
935.5
Multi-Beneficiary
Programme
129.5
137.7
188.8
141.7
186.2
176.2
177.8
KEY FACTORS WHICH INFLUENCED THE ACCESSION
PROCESS (II)

DOMESTIC FACTORS
1. post-war state - priorities of Croatian policy – post war reconstruction,
social policy and human rights issues, etc.
2. post-communist state - democratisation, institution building,
privatization and economic development
3. globalisation forces – economic adaptation and restructuring
4. politicisation of the accession process itself fuelled by the EU vs
independence debate
- independent nation state building, cooperation with the Hague tribunal
for war crimes – delayed start of negotiations
KEY FACTORS WHICH INFLUENCED THE ACCESSION
PROCESS (III)
5. BILATERAL DISPUTES AND CRITIQUES
 negotiations were blocked completely for 11 months by Slovenia (Dec 2008- Oct
2009), afterwards three chapters blocked
 UK and Netherlands having reservations on the chapter on judiciary and human
rights
6. DISBALANCE BETWEEN POLITICAL ELITES’ CONSENSUS ON EU MEMBERSHIP AS
A MAIN POLICY GOAL AND PUBLIC SUPPORT
 Eurobarometer 2004-2009 – 24-35% in favour of the EU membership; (*)
 domestic opinion polls – 30-60% pro, changes in support related to politically
sensitive issues
 the issue of legitimacy – intensive legislative activity - citizens have no say (*)
 ineffective EU communication strategy; late start of campaign
 constitutional amendments in 2010
 2/3 of parliamentary votes plus referendum (50% of votes, no matter turnout) (*)
Parliamentary session
Period
Legislative
activity (total
number of laws
enacted )
‘European laws’
(acquis adoption under
European procedure)
(percentage)
VI
2008 – 2011
815
298 (36%)
V
2003– 2007
568
160 (28%)
IV
2000 - 2003
622
65 (10%)
Croatian EU
membership
referendum
22 Jan 2012
Number of
voters
Percentage of
total voters
Percentage of
votes
Electorate
4.504.765
-
-
Turnout
1.960.231
43.51%
-
Yes vote
1.299.008
28.83%
66.27%
No vote
649.490
14.42%
33.3%
EU ACCESSION AND PUBLIC ADMINISTRATION – THE
ROLE OF PUBLIC ADMINISTRATION IN THE ACCESSION






State Delegation for Negotiations on the Accession - political talks, reports; 6
members ( minister of foreign affairs, Chief negotiator, two deputy chief negotiators,
head of the Croatian mission to the EU and the secretary of the negotiating team)
Coordinating Committee for the Accession (an interdepartmental working body
of the Government); reviews proposals (head of state delegation, vice prime
minister, Chief Negotiator, ministers)
Negotiating Team for the Accession – expert and technical level; 16 members
35 Working Groups for the Preparation of Negotiations on Individual Chapters of
the acquis
Office of the Chief Negotiator – expert and technical support to the Chief
negotiator
Secretariat of the Negotiating Team
National Committee for Monitoring the Negotiations – parliamentary oversight
body
 In each ministry and other public organization – EU related organizational unit
 cca 300 civil servants in the European studies programmes in EU

EU ACCESSION AND PUBLIC ADMINISTRATION – THE
IMPACT OF THE EU ON PUBLIC ADMINISTRATION AND ITS REFORM
(EUROPEANIZATION)
◦ the SIGMA support for CEE countries
◦ the concept of European Administrative Space - as a model for post-communist
states
 rule of law and legal certainty
 accountability
 transparency and openness
 effectiveness and efficiency
◦ AREAS:
 LEGAL FRAMEWORK AND CIVIL SERVICE (administrative law and
administrative justice, civil service, HRM, quality of legislation, state building
and democratic institutions)
 PUBLIC FINANCE MANAGEMENT (financial management, internal audit,
budgeting, EU funds management, external audit)
 PUBLIC PROCUREMENT
 POLICY MAKING AND COORDINATION (centre of government, policy
development)
EU SUPPORTED PROJECTS IN THE FIELD OF
PUBLIC ADMINISTRATION REFORM

Various projects supporting administrative reform (EU funded, multilateral, bilateral),
under the Ministry of public administration (2003-2009 State office for public
administration)

Additionally, numerous projects in different ministries for specific policies (e.g.
capacity development for justice administration, administrative justice, agriculture,
intellectual property, tax administration, financial management in public sector etc.)
DURATION
PROJECT
November 2002 to CARDS 2001 Public Administration Reform:
December 2004
Support to the Reform of the Civil Service
January 2006 to
January 2008
January 206 –
January 2008
CARDS 2003 Support to Implementation of the
Civil Service Reform Programme
CARDS 2003 Capacity Strengthening for
Administrative Decentralization
November 2008 November 2010
PHARE 2006 Development of Institutional Capacity
for the management of EU Structural Funds
January 2011
to June 2012
IPA 2007 Development of Regulatory Impact
Assessment System (RIA) (twinning with UK and
Estonia)
IPA 2007 Technical assistance for the Managing
Authority of the Operational Programme
“Administrative Capacity Development” (MA OP
ACD);
IPA 2009 Twinning for the Managing Authority of the
Operational Programme “Administrative Capacity
Development” (MA OP ACD)
IPA 2008 Enhancement of capacity for effective
management of EU Cohesion policy funds
IPA 2008 Support to the Management, Monitoring
and Evaluation of the Structural Instruments in
Croatia
IPA 2008 Ex-ante evaluation of programming
documents and strengthening evaluation capacity
for EU funds post-accession
IPA 2008 Support to the Implementation of the
General Administrative Procedures Act
January 2011 -
ongoing
2010-2012
2010-2012
2010-2012
2011-2013
CONTENT
Civil service legislation; central civil service management
system as well as building capacity for delivery of training
programmes for civil servants on continuous basis
new Law on General Administrative Procedures
Technical assistance to the various expert groups
established under Decentralization commission (e.g. health,
education, social welfare, environmental protection);
training strategy for local public servants
supported development of the administrative and
institutional capacities for the successful management of
Structural Funds upon accession
Law on Regulatory Impact Assessment; capacity building of
the Government Legislation Office
ensuring preparation of the Managing Authority to be able
to fulfil the functions and responsibilities related to the
programming and management of the OP
Follow up
support the implementation of the 2009 General
Administrative Procedures Act (GAPA); simplification,
large scale training scheme, public awareness and
communications activities
MULTILATERAL PROJECTS
December
2004 to June
2005
Technical Assistance Loan II –
World Bank project
Test methodology for functional
review – specific recommendations
for improvement of internal
organizational structures and work
processes in state administration
2006 – 2008
HITRORez (Regulatory
guillotine) (Government of
Croatia, USAID, UNDP, FIAS,
Croatian Chamber of Economy,
Croatian Chamber of Crafts,
Croatian Employers Associations)
Administrative simplification project,
as a part of regulatory reform
Continuously
SIGMA support
PAR strategy development, 20102013 Civil Service HRD strategy,
comparative studies on best
assessment practice in the EU
member states (e.g. salaries of civil
servants)
BILATERAL PROJECTS
April 2005 to
November 2005
2005 UK Foreign and Commonwealth
Office: “Support to Public Administration
Reform”
December
2007 to
December 2008
Swedish International Development
Agency (SIDA) and International Bank for
Reconstruction and Development (IBRD):
Functional Review of Ten Central State
Administration Bodies and their
Supporting Agencies and in Five Selected
Counties’ State Offices for Administration
Denmark’s Pre-Accession Assistance to
Croatia Public Sector Capacity
Development (I) 2005-2007
Denmark’s Pre-Accession Assistance to
Croatia Strengthening the Capacity of
Public Administration (II)2008-2010
January 2007June 2008
October 2008October 2010
Ongoing
ongoing
MATRA flex Netherlands Support to the
Introduction of Electronic Data Exchange
Between Key Registers where the
beneficiary is Ministry of Public
Administration
MATRA flex Netherland s and Ministry of
Public Administration 'Capacity Building of
the Agency for personal data protection in
the field of access to information' and
'Capacity Building for the School of Public
Administration and assistance in EU
training programme development’
develop the capacity of the CSOA to lead and to
support the PAR: preparation of guidelines for job
classification system, defining and adapting contents of
secondary legislation and regulations to ensure the new
Law on Civil Service is enacted and harmonized with EU
standards
project resulted with the set of recommendations for
reorganisation of state administration bodies, and
proposals of general principles for organisation of state
administration bodies
support the Civil Service Training Centre, development
of training curricula
supported the work of the Civil Servants Training
Centre, the development oftraining curricula and
methodology and an overall strengthening of the state
administration human resources capacities
STRUCTURE OF THE GOVERNMENT (PUBLIC
ADMINISTRATION)



EU administrative units in ministries and other organisations in
charge for EU related affairs
Special units in ministries and other organisations for specific
purposes (EU funds, EU projects, special issues)
Agencification – creation of numerous independent agencies as a
consequence of EU acquis adoption
◦ Regulatory agencies – electronic communication, competition,
financial sector, energy, medicines
◦ Executive agencies – agriculture, structural funds, environment,
health, education, etc.
◦ Regional development agencies
◦ The problem of coordination and control
ADMINISTRATIVE LAW AND ADMINISTRATIVE
JUSTICE




the new Law on administrative procedure, in force from 2009 –
citizen oriented, simplified procedures, higher standards of
protection, protection of users of public services (e.g. telecom,
energy services providers)
Still more than 60 special administrative procedures – have to be
abolished
administrative judiciary – two tiers court system introduced in
2012 (Law on administrative disputes 2010), procedure modernized
training of civil servants regarding the implementation of the Law
CIVIL SERVICE AND HUMAN RESOURCES
MANAGEMENT




Law on Civil Service in force from 2006 – European standards
included (centralized recruitment, merit principle), but some issues
still not regulated (e.g. salaries system, advancement)
Still strong politicisation at the top of the state administration
Civil servants training system – State School for Public
Administration 2010
Public servants register (civil servants, public servants) established
in 2011 – for the purpose of HRM and budgeting
REGULATORY REFORM and POLICY MAKING

Three stages in the regulatory reform
◦ Administrative simplification (partially successful)
◦ Public consultation Code
◦ Regulatory impact assessment (Law 2011; in force from 1
January 2013)

Strengthening the Centre of government – partially tackled
REGIONAL POLICY




Territorial government in Croatia consists of three levels – state, 20
regions, 555 local units (cities and municipalities)
Statistical units introduced (three NUTS II regions; two regions
from 2013)
Financial support – EU funds (Cards 2001-2004; Phare, ISPA,
SAPARD 2005-2007; IPA 2007-2013)
Currently, six authorities engaged in coordination of EU funds, one
agency for administration of funds, and numerous sectoral bodies
and agencies for implementation
ANTICORRUPTION POLICY




1.
2.
One of the key policies monitored by the EC / Council of Europe
support
Complex coordinating structure developed
Important role of civil society
Adoption of legislation and capacity building in the area of
Conflict of interest (for public officials -politicians)
Ethics and integrity (for civil servants, judges, public servants, such as
doctors, university teachers)
3.
4.
5.
6.
Access to information
Financing of political parties
Whistleblowers protection
Governance of public enterprises
THE EXTENT OF EUROPEANISATION AND
MISSED OPPORTUNITIES







Shallow Europeanization?
The Ministry established and the Strategy of reform adopted too
late?
Local governments and domestic expert advice often neglected
Civil society very active (anticorruption policy, human rights, local
governance, sectoral policies, especially environment)
Public services – sectoral reforms of big systems slow and
moderate (health, education, etc.)
Conservative forces (trade unions, local governments) and populist
politics impeded the reform, reluctant to take the burden; values
change slowly
2012 European Commission report underlines tasks that have to
be accomplished by the date of accession (judiciary and
anticorruption, public administration reform, among others)
IS IT POSSIBLE TO LEARN FROM THE
EXPERIENCE OF CROATIA (AS A MODERATELY SUCCESFUL
POST-COMMUNIST ACCEEDING COUNTRY)?
Big differences – political and administrative culture, membership of
European associations, democracy level, economic development
 But some similarities – young states, small countries on the European
periphery, natural resources, time of accession, financial and economic
crisis, globalization forces

Possible directions
 Develop effective strategy of public administration reform and good
action plan for its implementation and monitoring
 Develop human resources management and training in the civil service
 Strengthen the usage of expert advice and the role of civil society
 Include local governments in the process
 Inform citizens on the EU accession process & develop communication
strategy on time
 Seek bilateral and multilateral assistance for projects
Thank you for your attention!
Contact: [email protected]

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