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
the OECD
and the
European
Union,
principally
financed
by the EU
Efficiency
and Legality in Public Administration: What is
the Priority?
Government
Evolving: Ensuring Accountability of
Ministries and Agencies
Judicial
Control of the Administration in Europe:
Progressive Construction of a Common Model
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
OUR WEBSITE
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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 Administration Reform and
European Integration”. The main purpose of the event was to stimulate a
debate among top officials of the central administration on the needs and
goals for reforming the public administration in Turkey. It also aimed to raise
awareness of the principles governing the European Administrative Space and
to provide a forum for discussion of the implications of EU membership for the
Turkish administration. Close to 100 Turkish
policy-makers and senior civil servants,
Francis Hénin
representing a wide range of central
Principal Administrator
ministries
and
national
agencies,
Support to Institutionparticipated in the seminar.
Building in Turkey
Sigma
The
Prime
Ministry
Undersecretary,
Professor Omer Dincer, opened the
seminar. The Head of the EC Delegation in Ankara, Ambassador Hansjörg
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.
A joint
initiative of
the OECD
and the
European
Union,
principally
financed
by the EU
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.
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Support for Improvement in Governance and Management
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.
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A joint
initiative of
the OECD
and the
European
Union,
principally
financed
by the EU
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►
“SAVING THE STATE” AGAIN: TURKS FACE THE
CHALLENGE OF EUROPEAN GOVERNANCE
“The EU is a structural event, an entity in the process of constant
governmental transformation. It also mobilizes a transformation process
beyond its 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.”
Dr. Kivanç Ulusoy
Public administration organisation has epitomised the
Center for European Studies
notion of sovereignty emerged from the Westphalian
Middle East Technical University
construct of the nation-state. The European Union
Ankara, Turkey
means that states voluntarily share important elements
of sovereignty. How may this affect a new Member
State? What would be the implications of EU
membership for the Turkish State and its public administration?
Read Kivanç Ulusoy’s paper
A joint
initiative of
the OECD
and the
European
Union,
principally
financed
by the EU
►
THE EUROPEAN ADMINISTRATIVE SPACE: ASSESSING
APPROXIMATION OF ADMINISTRATIVE PRINCIPLES AND
PRACTICES AMONG EU MEMBER STATES
“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
Francisco Cardona
of ‘effective results’.”
Peretó
Senior Advisor
The public administration is a domestic affair
Legal Framework,
for EU Member States. However, national
Civil Service & Justice
public administrations have to apply the acquis
Sigma
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
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EFFICIENCY AND LEGALITY IN PUBLIC ADMINISTRATION:
WHAT IS THE PRIORITY?
“The more pertinent (but less provocative) question 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?”
Michael Carpenter
Counsel (European Legislation)
EU Member States are obliged to situate the law, due
House of Commons
process and respect of citizens’ rights at the core of the
United Kingdom
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?
Read Michael Carpenter’s paper
A joint
initiative of
the OECD
and the
European
Union,
principally
financed
by the EU
►
GOVERNMENT EVOLVING: ENSURING ACCOUNTABILITY
OF MINISTRIES AND AGENCIES
“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
Dr. Prof. Gerhard Banner
complexity and interdependence.”
Governance International
German Civil Service College
To ensure compatibility and smooth interaction, not only
Germany
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
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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 citizens to submit
administrative actions to judicial control. All European countries have now
accepted this fundamental idea, which has resulted in a reinforcement 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
Jean-Marie Woehrling
emerging.”
Secretary General
Central Commission for
All EU Member States — and Turkey as well — have a
the Navigation of the Rhine
tradition of judicial review of administrative actions and
France
decisions. What are the main models for judicial review in
EU Member States? How do executive powers and judicial powers interact?
How do states maintain the separation of powers and at the same time ensure
the principle of administration by law enshrined in the jurisprudence of the
European Court of Justice? How is judicial review facilitated by clear
procedures for administrative decision-making?
A joint
initiative of
the OECD
and the
European
Union,
principally
financed
by the EU
Read Jean-Marie Woehrling’s paper: English and French
►
ADMINISTRATION AND TERRITORY IN EUROPE: PUBLIC
SERVICES AND DISTRIBUTION OF GOVERNANCE POWERS
“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
Enric Argullol i Murgadas
true that the EU actively promotes those principles.”
Administrative Law Professor
Pompeu Fabra University
One of the goals of the EU is to promote economic
Barcelona, Spain
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 subnational governments? How can social and national cohesion be best ensured
in these circumstances?
Read Enric Argullol i Murgadas’ paper
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METHODS AND TECHNIQUES OF MANAGING
DECENTRALIZATION REFORMS IN CEE COUNTRIES:
THE POLISH EXPERIENCE
“In order to restore local identity after 1989 (gmina and poviat) and to create
mechanisms for regional development (voivodship), it was necessary to
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.”
Prof. Michal Kulesza
Head, Public Administration Dept.
The Polish public administration reform process of
Faculty of Law & Administration
1998-1999 introduced a clear distribution of public
Warsaw University
Poland
authority functions among local self-governments,
regional self-governments, and the central state
government, including sectoral reforms in such areas as the police, education,
social welfare and the management of public roads. How was this reform
process managed? How should the results of the reform be evaluated? What
lessons can be learned from the Polish experience?
Read Michal Kulesza’s paper
A joint
initiative of
the OECD
and the
European
Union,
principally
financed
by the EU
►
GOVERNMENT EVOLVING: ENSURING ACCOUNTABILITY
OF MINISTRIES AND AGENCIES
“The reform of the state is a prerequisite for societal change. Consideration
must be given to the conception and the role of a
Paul Bernard
modern, democratic state that is dedicated to
Vice-President
basic needs and respectful of the law, rights and
French Institute of Administrative Sciences
freedoms.”
European Expert (Phare-TACIS)
France
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
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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 models have been constructed. The concept of
“governance”, which refers to the existence of various actors and the
interaction between them, has gained ground, and rather than “managing
people”, joint problem-identification and problem-solving are now emphasized.
Public management in the 21st century should be transparent, participatory,
accountable, effective, efficient, respectful of
human rights and freedoms, predictable, flexible
and rapid. It should also be based on law in a
Dr. M. Emin Zararsiz
way
that
diminishes
ambiguity
and
Deputy Undersecretary
discrimination. In parallel with contemporary
Prime Ministry of Turkey
management concepts and the basic vision of
management, 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.
A joint
initiative of
the OECD
and the
European
Union,
principally
financed
by the EU
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.
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Support for Improvement in Governance and Management
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
process. Sigma support will contribute to our restructuring projects in public
management, which have been introduced with the motto “Change in
management for change management”. We hope that this support and
assistance will continue and will increase in this crucial period of EU
membership negotiations.
A joint
initiative of
the OECD
and the
European
Union,
principally
financed
by the EU
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