The agency landscape in Hungary: An empirical survey of nondepartmental public bodies 2002-2006 György Hajnal ECOSTAT, Department of Public Administration Research e-mail: gyorgy.hajnal@externet.hu Krisztián Kádár Prime Minister’s Office, E-Government Centre e-mail: krisztian.kadar@ekk.gov.hu Work in progress. Please do not cite without permission. Abstract The study pursues three overall ambitions. Firstly, it seeks to give a data-rich quantitative description of the Hungarian agency field and its dynamics not available so far. Secondly, it wishes to contribute to existing explanations of agency formation by replicating some previous pieces of research empirically testing a particular proposition, the so-called credible commitment hypotheses. Thirdly, it gives a detailed analysis of Hungarian agencies’ structural dynamics in order to reveal – and, to some extent, interpret – the structural processes hidden from a (comparative) static perspective. The empirical basis of the work is a data base of Hungarian central government organisations. The temporal scope of the data is the 2002-2006 period. Two data sets – one involving agencies having existed in the four years under study and another one involving structural change events having occurred to those agencies – are analysed using various statistical and computer aided qualitative data analysis techniques. 1 Introduction The breaking up of large, integrated central government bureaucracies and the increasing creation of, and reliance on, single-purpose, task-specific organisations structurally separated from their parent ministry has been an emphatic direction – and, as some say: the most proposition (Moynihan 2006) – of administrative reforms. In an international perspective this statement holds true not only with regards to the practice of public management reform but, increasingly, also with regards to the academic world. Interestingly however, Hungary seems to be an exception to the above general pattern: throughout the past 10-15 years the proliferation process of non-departmental public bodies 1 seemed to have moved forward only modestly; moreover, agencification remained a relatively hazy and less emphatic topic of administrative reform agendas and academic interest alike1. Expanding a bit on this last point, the lack of even very basic systematised knowledge, be it academic or more practice-related, on agencies – and, more generally, on the universe of central government organisations – has been a peculiar feature of the Hungarian context. It is telling, for example, that at the time of writing no registry – or even a simple list – of central government public administration organisations exists (except, of course, for ministries); and the situation has been quite similar throughout the past almost two decades. In response to the above circumstances in general, and in particular to the disturbing lack of information – let alone precise data of any kind – on how the process of agencification travelled in Hungary in the past decade, we set out to collect, systematise and analyse basic organisational data on the Hungarian central government sector. To this end, we created a genuine data base containing all central government civil service organisations in the period of 2002 to 2006, along with an exhaustive catalogue of all change events having occurred to the structural features of these organisations. According to a useful clustering given by Pollitt et. al. (2004 p. 13) most theories and models of agencies centre around three questions: (i) why are there agencies? (ii) how can agencies best be steered by their parent ministries? and (iii) under what conditions are agencies expected to perform well vs. poorly? The present study can be located mostly in the first one of these clusters of theory: on the basis a series of statistical as well as computer assisted qualitative analyses, organisational data obtained from our newly created data base were put into use to realise three overall ambitions. - Firstly, the study seeks to improve the present situation described above by giving a qualitative as well as a data-rich quantitative description of the patterns and dynamics of the Hungarian agency field. This ambition, in and by itself, doesn’t intend to directly contribute to existing theorising on agencies. However, in our view this general descriptive ambition is justified by the fact that, as already mentioned, the current state and the recent development of the agency field in Hungary – and, more generally indeed, in much of the new EU member states – is barely known and described in detail. Therefore this research intends to be an early step towards unveiling the agency dynamics of this part of Europe. - Our second question concerns why policymakers choose, in certain cases, to create bureaucratic structures at arm’s length from the core executive and why in some other cases they refrain from doing so. This is a particularly intriguing question in the Hungarian context where – as both popular wisdom and everyday first-hand experience suggest – practically everything is over-politicised and thus is characterised by an overwhelming pursuit by politicians to control as much of the implementation apparatuses and processes as possible. - Finally, on the basis of an empirical analysis of organisational change dynamics it wishes to draw some inferences regarding politicians’ main driving motifs of more or less constantly re-drawing the structural arrangements of agencies; or, put it differently, to constantly reshuffling them. The “added value”, in terms of relevance, of this question comes from another peculiar feature of the Hungarian politico-administrative system. Namely, according to the authors’ impression – which is, in the absence of international 1 Throughout the study – and in congruence with much of relevant (European) scholarship –, when using the terms ‘agency’ and – in an interchangeable manner – ‘non-departmental public body (NDPB)’ we refer to organizations that are (i) “set up by a public law instrument (such as a statute, law, constitution, ministerial order or a formal decision of cabinet or minister)”, (ii) structurally, to some extent, separated from the parent ministry/organization, though (iii) directly subordinated to a ministry or the cabinet; and (iv) not corporate bodies/commercial enterprises (Pollitt et al. 2004 pp. 8-10, Verhoest et al. 2006 p. 2). 2 comparative data, not expressed as a hypothesis, let alone claim – that the extent of organisational volatility in central government organisations is unusually and rather dysfunctionally high. These questions will be examined on the empirical basis of a data base of Hungarian public administration organisations between 2002 and 2006, developed genuinely for the purpose of this research. Although the database contains all (meaning both central, territorial/county selfgovernment and local self-government) public administration organisations this research utilises only data on central government organisations. The fundamental approach of this research to the above questions emphasises the formal legally defined, formal-institutional features of organisations; put – although a little bit over-simplified but – briefly: mostly organisational features appearing in formal-legal terms are taken into account. The above general ambitions are pursued in the following structure. Section 2 gives a description of the agency landscape in Hungary; after some introductory, background information on the broader institutional context it describes and analyses the legal-institutional framework in which agencies operate(d), and, finally, briefly assesses existing scholarship on Hungarian agencies. Section 3 describes the empirical basis and the analytical tools used in the research. The following three sections deal with the three research ambitions outlined above. Thus Section 4 goes on to give a quantitative description of the agency field. This description offers a comparative static view by displaying the prevalence of various types of agencies in the examined period, years 2002 to 2006. Section 5 presents the analyses used to test a particular explanation of agency creation: the credibly commitment hypothesis. The next section goes on to examine the dynamics of structural change in agency type organisations. As a starting point the section argues that an intertemporal – as opposed to international – comparative view of examining organisations might offer significant advantages in terms of the validity and soundness of conclusions achieved. It then introduces and operationalises the concept of organisational change and describes the method of analysing change events, and concludes with presenting the main findings. Finally, Section 7 draws some conclusions from findings presented in the earlier sections. 2 Agencies in Hungary: An introduction 2.1 The legal-institutional landscape 2.1.1 The basic structure of Hungarian government The Hungarian central government subsystem is divided into ministries (currently, there are 12 of them, including the Prime Minister’s Office). At the core of this subsystem one finds the Prime Minister’s Office. Ministries are chiefly responsible for policy making while most of the implementation tasks – especially those having a territorial dimension – are carried out by NDPB’s/agencies (albeit there are important exceptions to the above role, such as centralised public procurement, which is located in the Prime Minister’s Office). There is no single uniform law on the organisations of the executive branch. The basic legal provisions pertaining to the government are laid out in the Constitution, detailed procedures are specified in the government’s procedural rules. The law provides for a listing of the ministries while the ministerial competences are regulated by government decrees. Within the limits specified by law the government has extensive powers to establish the government structure. 3 The local governmental system is a two-tier one involving, at the middle tier, nineteen counties and the capital city Budapest, and, at the lowest, municipal tier almost 3200 local governments governed by elected councils. Local governments are responsible for another broad set of public service provision tasks, including kindergarten, primary school, basic health, and local physical infrastructure services. 2.1.2 Agencies and agencification in the post-1990 period In the below paragraphs we give an overview of the agency landscape of post-transition Hungary, with a particular focus on the clarification of the legal-institutional status and the elaboration of a typology of agencies. This typology is important because the resulting types of legal status will play an important role in subsequent analyses. The features of the post-1990 period’s institutional landscape were originally rooted in the communist setup of state administration with centrally directed hierarchical structures covering a broad range of public functions. Basically, agencies were established either to perform a new task undertaken newly by the government, or by extracting specialised tasks from the ministries or other bodies. Prior to the transition, the political determinants took substantial effects on the agency structure. If the party/executive leadership wanted to have direct – and thus simple – control over any field, it had been declared as government responsibility, for which a new agency was created (as it happened in the cases of the Hungarian Television Broadcasting and the News Agency). The organisational standards and legal conditions of establishing agencies have not been clarified due to the missing common legal or even theoretical concept. Immediately after the transition the inherited set of agencies has changed mostly according to political considerations. Continually, the agency creations or alterations were implemented along diverse patterns, moreover, the opportunities of saving ministerial functions to the background institutions have been widened broadly by the presence of alternative legal entities (state-owned enterprises, not-for-profit public foundations, chambers etc.). By the absence of legal constraints, the nineties preserved and more or less ignored the mushrooming structures where the ministries (sectors) could build up their “empires” without substantive external (political or administrative) oversight while the agencies could look for ways to weaken their dependency. Thus, while on the level of ministries the legal/constitutional regulation and the traditions narrow the government’s opportunities in establishing and forming organisations, the lower levels of the organisational hierarchy – lacking in such obstacles – ended up in a rather opaque proliferation. Both academics and practitioners were dissatisfied with the unregulated character of agency universe, and persistently argued in favour of common legal standards as a token of effective central government structure. There has been, however, one minor motion regarding the regulation of agencies; the 2040/1992 Government Resolution, which categorized the agencies into three groups. Nevertheless, it did not classify the particular bodies themselves accordingly. This Resolution could not settle the problem – perceived by many – of unregulated proliferation of agencies, because it was not to be applied to bodies created previously (no retroactive force), and it allowed deviations, exceptions to the features declared. As a result, the statutes of the agencies don’t exactly/always reflect either the typology or the terminology of this piece of legislation. Still, the three genres outlined in the Resolution are also applied in the literature dealing with this subject. The fact that this situation with regards to the lack of binding regulation of agency structure remained unchanged until 2006 is proven by the recurrent (evergreen) subject of reforming central state administration, announced in specific Government Resolutions on modernization of public administration. This is well illustrated by the below table (see also Hajnal 2006). 4 1052/1999 1057/2001 1113/2003 1064/2004 Develop the guiding principles of establishing agencies Standardising and fine-tuning categories of agencies status 2013/1999 × legal 2396/1997 Review (and divide) the jurisdictions and tasks of ministries and agencies (in order to eliminate overlaps, parallel structures), organisational retrenchment the 1033/1995 1026/1992 Government Resolution × × × × × × × × × × × × × × × × × Source: authors’ compilation By the late nineties, the New Public Management related trends turned visible by timidly adapting OECD recommendations and formerly articulated reform agendas. The EU accession driven criteria further gave an impetus towards organisational changes aiming at rationalization, better performance and – as it will be shown in the findings – agencification. And still, the lack of relevant regulation left the government and the ministries free to shape the institutional structure as well as the powers and scope of competences. As a result they opted for different models based on diverse bureaucratic, political and personal interests. To sum it up, establishing agency-type entities have followed, like in a number of other (especially non-Continental) countries, a very heterogeneous pattern. For this reason it is extremely difficult to provide a comprehensive typology of the agencies. It is however possible to identify their main distinctive features, bearing in mind that – using strict criteria – one may find numerous exceptions. The classification of legal status laid down in the Government Resolution mentioned above and applied also by the academics defines three types of agencies: (a) organisations with nationwide competence2 (OHSZ); (b) central bureaus (központi hivatal); and (c) ministry bureaus (minisztériumi hivatal). All three types of organizations are separate legal entities operating with nationwide competence and perform some specialized public administration task(s). Unlike ministries, they do not have legislative power (except for the OHSZ Central Statistical Office issuing legally binding guidelines). Their key features are summarized in the below table. Structural features OHSZ Central bureau Ministry bureau Founder/form of founding document (statute) Parliament/Law Government/Government Decree Minister/Ministerial Decree Superior organ Cabinet Ministry Ministry Appointment/dismissal of the leader - By the Cabinet/Prime Minister - By the Minister - By the Minister - for an indefinite period - for an indefinite period - for a term of 4-6 years Remuneration of staff (according to Law on Civil Service) Same as ministries’ Less than ministries’ Less than ministries’ Participation in the governmental decision- Direct* Indirect Not relevant 2 The term is misleading, as the other two categories have nationwide competence, too. 5 making Budgetary status (position in the Law on Budget) Separate section in the Law on Budget* Subsection within the Ministry’s section in the Law on Budget Not included explicitly in the Budget * Can be applied for a smaller set of OHSZs Table 1.: Typology of agencies based on legal-structural features This mapping of three types of agencies not only groups the characteristics of each, but more or less predicts the extent of their autonomy, too as most or all of their distinctive features have and effect on organisational autonomy. These features, or dimensions, are briefly reviewed as follows. Firstly, the extent, to which an organization is able to entrench itself from its politicoadministrative context may depend on the position of the underlying decisions in the hierarchy of legal instruments regulation level. For example, the OHSZ is regularly founded by the Parliament by a law, hence its statute (and the amendment thereof) involves the legislation process. In contrast central bureaus are founded/modified/ended by Cabinet decisions while the fate ministry bureaus can be simply decided by individual ministerial decisions. Likewise, the issue whether it is the Cabinet or the minister who is charged with the supervision over the agency has far-reaching significance. Naturally, the former has no appropriate apparatus for directing an organisation effectively, thus by all means this kind of supervision is less operative and powerful than that of the ministry. From a functional perspective this is related to the fact that an OHSZ’s duties do not fall into the portfolio of any ministry (as they were established for providing functions besides ministries), therefore it is independent from the ministerial structure, as being typically subordinated to the Cabinet. This implies the following with regards to its autonomy: - there is no ministry which could absorb its duties; - a designated minister bears only minor supervisory functions over the OHSZ, but (s)he cannot issue instructions to carry out specific tasks or to rectify ones already taken; - its head is appointed and dismissed by the Prime Minister or the Cabinet, hence the Prime Minister is responsible for the body’s activity before the Parliament; - the OHSZ can appeal directly to the Cabinet, and their leaders are invited to the Cabinet Meeting, while the other agencies only through the parent ministries. Unlike OHSZ’s, central bureaus’ duties fall into the portfolio of the parent ministry. Central bureaus have no direct relation with the Cabinet. Ministry bureaus have no separate scope of duties from that of the ministry’s. What differentiates them from the central bureaus is that hey has no legally defined and addressed competence; it only performs the devolved/assigned competence and duties of the ministry. This practically means that the minister – as opposed to central bureaus – may freely reshuffle or even cease the ministry bureau on his/her own decision. As ministry bureaus do not require by any pieces of legislation (law or government decree) in order to be established, in practice the above mentioned features are often blurred, therefore it is suggested to include the vague range of background institutes. With regards to the shielding and legal entrenchment of managerial positions, in the case of OHSZ’s, the leader is appointed for a term of 4 or 6 years, and can only be dismissed of extraordinary reasons thus (s)he enjoys a significantly higher extent of employment security than the leaders of most other agencies. Some of the most autonomous OHSZ’s gained some further privileges in the field of shaping government policy, e.g. signing international treaties or directly taking part in preparing draft bills. 6 With regards to budget procedures, a set of the most autonomous OHSZ’s are entitled to take a direct role in the budgetary bargaining process (i.e., they directly negotiate with the finance ministry). In contrast, central bureaus are represented in this process only via their minister, while ministry bureaus are – as a general rule – simply not a party in the budget bargain as they simply receive what the minister decides to allocate to the give agency. The extent of autonomy differs also with regards to agencies’ ability to modify approved budgets. To sum up, the three clusters of agencies can, with regards to their legally defined, structural features, clearly ranked according to the extent of autonomy they enjoy: OHSZ’s are the most autonomous while ministry bureaus the least autonomous entities, with central bureaus in between them. 2.1.3 The 2006 changes In an attempt to create some order amongst more than a decade of mushrooming of central government organizations and organizational units – perceived by many as chaotic and uncontrolled – in 2006 the Government initiated and the Parliament adopted a law regulating the basic structural features of agencies3. Since the temporal scope of the empirical investigation that follows later in the years between 2002 and 2006 these changes are not (or are only marginally) reflected in our data. Therefore the overview is strongly focused on the key aspects of the change as they further reveal some of the weaknesses that characterised the pre-2006 legal regulations on agencies. This law stipulates that there are eight different types of central state administrative organizations, out of which two fall within the scope of our agency concept. These are (i) the government bureaus (“kormányhivatalok”) and (ii) the central bureaus (“központi hivatalok”). The law stipulates exactly what kinds of managerial, or steering, competencies there are with regards to these two classes of agencies; which is the reporting entity (i.e. the one that the given organization reports to), what the supervisory competencies are, and in what respect should the organization preserve its autonomy. 2.1.3.1 Government bureaus The law enumerates the instances of this class of central government organizations. Government bureaus (the law lists seven of them) are – so-called – supervised by a designated minister. This supervision generally involves the following competencies: (a) creation, reorganization and abolishment; (b) employment of the bureau’s chief executive; (c) monitoring of the bureau’s activities with regards to their legal and financial regularity, professional soundness, and efficiency; (d) approval of the organization’s book of rules; (e) abatement of the bureau’s individual decisions and ordering a new procedure; (f) requesting reporting in relation to the above mentioned issues. Law on Central State Administrative Organizations and on the Legal Status of Cabinet Members and State Secretaries (Law LVII/2006) 3 7 2.1.3.2 Central bureaus Central bureaus are so-called “directed” by the designated minister. This direction involves all the six competencies listed above as constituting “supervision”; in addition, however, it also includes (g) according to the relevant laws and regulations, ex-ante or ex-post approval of decisions made by the bureau; (h) instructing the bureau to carry out specific tasks or to rectify ones already taken; (i) requesting reporting in all issues falling within the bureau’s competence. The budget and the number of employable staff is determined by the reporting minister and the minister of finance. Currently, there are approximately 40 to 50 central bureaus in Hungary. Out of this set, there are about 32 so-called deconcentrated organizations (i.e., having various territorial or local offices) (Szigeti 2007). In addition to the above legislative changes other, significant changes occurred in the organisational reality of agencies, too. However, falling outside the temporal scope of our data (and, thus, our study) these are also only mentioned, without further investigation. 2.1.4 Scholarship on Hungarian agencies Hungarian Public Administration scholarship – as used in the English sense of the term – is relatively modest in volume (Hajnal and Jenei 2007) in general as well as, specifically, with regards to agencification. While much of the relevant literature dealt with legal-structural regulations of agencies from a normative perspective, one of the few and early attempts at empirically examining agencification experience is presented by Nyitrai (1994). His goal was to describe the dynamics of OHSZ level related to transition of government (Nyitrai 1994). Nyitrai classified the organizational changes of agencies into three clusters: (a) cessation of agencies without successor, as a consequence of the political, economic and social changes; (b) creation of agencies without predecessor, as a result of newly emerged government functions; and (c) a change of name or status occurred, but their scope of duties are not affected by a new function. Facilitating the government’s modernization agendas, other authors (Mónus 1994, Verebélyi 1997) focused on the ways of standardizing the central state organisations offering methodological assistance to the review of their tasks and legal competences. Others looked beyond the types of organizations having historically evolved, and argued in favour of importing new institutions, e.g. regulatory agencies (Horváth 2004, Nagy 2005). Since 2000, major synthesizing works have been written due to the growing need for a law on administrative organizations, which would define the conditions and measures of creating such bodies (Balázs 2004, Vadál 2006, Kilényi 2006). The reform of central government in 2006 was mainly supported by the comprehensive diagnosis and therapy recommendations, which directly contributed to the draft bills (Sárközy 2006). Two significant attempts have been made by scholars to generate a registry of public administration organisations on the central level (Békefi, 2006) and on the territorial-local level (Szigeti, 2007). 8 To briefly sum up, the agencification problem (i) attracted relatively little scholarly attention throughout the past almost two decades, (ii) much or all of which was however directed to issues of the legal regulations on their structural features; and (iii) the de facto developments regarding agency formation and proliferation did not form the subject of any empirical work. 3 The research questions, the data and the method 3.1 Research questions and hypotheses The general ambitions of the paper were set out in the introductory section. Put briefly, they were (a) giving a rich empirical description of the Hungarian agency field in the period under study; (b) contributing to theories of agency creation; and (c) describing – and, possibly, developing some explanations of – the seemingly chaotic and constant flux of structural changes among agencies. Ad (a): The first one of the ambitions relates to (i) a broad and relatively unfocused, general description of Hungary’s agency landscape and its development, (ii) the pinpointing of certain interesting patterns and (iii) the development of some plausible explanations thereof; consequently, this part of the work does not require much theoretical or methodological treatment. Ad (b): Contrary to this, the second one of the above goals is partly based on/refers to, and partly intends to contribute to, theories of agencification. Our basic question – why policymakers choose, in certain cases, to create bureaucratic structures at arm’s length from the core executive and why in some other cases they refrain from doing so – attracted much scholarly attention (for some broad overviews see Pollitt et al. 2004 pp. 12-18 and Wettenhall 2005). Observing the empirical limitations of the current research we examine one candidate explanation: the socalled credible commitment hypothesis. At the heart of the credible commitment hypothesis (Majone 1997) lies the argument that in order to be effective certain policies need to be credible since in a world of increasing international exposure the most traditional and “reliable” policy instrument – coercion – may no longer be available. Certain policy sectors are more prone to this problem than others. For example, this is the case in newly opened markets requiring policymakers to attract new investors, which is clearly not a goal to be accomplished by coercion (Yesilkagit and Christensen 2006 p. 6 citing Majone 1997 and Gilardi 2002). The need for credibility is an especially burning issue in the case of utilities privatisation and liberalisation (Gilardi 2002 p. 877). Politicians in this regard largely lack credibility since in order to politically survive in a political market characterised by short-term cycles they have to orientate themselves to the political imperatives of the day, which greatly increases the political hazard of long-term international investment. The most straightforward way of creating credibility – and thereby effective policies – is, the argument goes, to delegate decision making powers to institutionally entrenched regulators isolated from direct, short-term political influence. There may be, of course, many ways, in which the credible commitment hypothesis can be operationalised and tested. One – relatively simple thus “popular” – way is to compare the presence of autonomous regulatory agencies in the field of economic vs. non-economic (social) 9 regulation (Gilardi 2002, Yesilkagit and Christensen 2006). Albeit the theoretical argument seems well-founded these empirical results are somewhat controversial: the former research focusing on seven western European countries found empirical support to the hypothesis, while the latter piece resulted in its rejection (or non-confirmation) on the basis of Danish, Dutch and Swedish data. Hungary, being one of the European transition countries with an internationally particularly exposed economy is a context abundant in regulatory tasks centering around newly opened and internationally exposed markets, privatised public utilities/services sectors, and the economic imperative of attracting foreign (direct) investment. With a grain of exaggeration one may say that if there was only one country where the credible commitment hypothesis finds support it must be Hungary (as opposed to, for example, western or northern European countries). Beside some technical issues this is why empirically examining the credibility hypothesis in the Hungarian context is particularly relevant, both from a practical and from a theoretical perspective. Ad (c): As already mentioned, a peculiar feature of Hungarian agencies – and, probably, of the entire central government sector – is their significant structural volatility (although, unfortunately, this claim is not substantiated by “hard” comparative evidence it is based on widespread agreement among academics, practitioners and the broader public). While the previous, second research question is connected to a longer and fruitful – although not conclusive – tradition of scholarly interest, to the best of our knowledge using organisational change events as units of analysis is quite rare4. In congruence with the structural focus of the present study, we conceptualise an organisational change event as a change in one or more basic structural features of the organisation in relation to its environment. The concept is further operationalised in the next sub-section. In the absence of a robust body of conceptual and theoretical preliminaries the task of analysing the agencies’ structural change patterns resembles to that of grounded theorising, whereby those concepts and theories are expected to emerge directly out of the in-depth, qualitative examination and analysis of the empirical material (Strauss and Corbin 1990). Specifically, our ambition simply relates to - finding and/or creating the concepts and terms having sufficient descriptive power to grasp organisational changes, and - suggesting some partial explanations of some of the patterns found in the data. 3.2 The data Organisational data used in the analyses come from the following kinds of sources: - The “skeleton” of the database is KÖZIGTAD (see the details in 3.2.1.3). These data have been supplemented by two kinds of expert inputs: - “Hard data” gained from legal databases on such variables as ministry affiliation or structural change events; and - Judgemental information – gained from expert ratings performed by two independent experts. One notable exception is the set of research efforts centred on the organisational data base of the University of Bergen and the Norwegian Social Science Data Services (Lagreid et al. 2003, Rolland and Aagotnes 2003). 4 10 3.2.1 Organisational data 3.2.1.1 What types of organisations are in the database? In accordance with our earlier definition the database contains organisations, which operate (a) with nationwide competence, (b) subordinated to the government (either a ministry or the cabinet as such), (c) directly under the ministerial/cabinet level (i.e., entities on the third level or the organisational hierarchy are excluded); (d) created by a public law act (legal measure or formal decision of the cabinet or a minister) and (e) staffed (mostly) by civil servants. These definitional elements result in excluding from the agency database (a) territorial units of agencies; (b) so-called autonomous state administrative organisations, which are accountable to the Parliament, such as National Board for Radio and Television, Hungarian Competition Authority etc.; (c) departments within ministries (thus those NDPBs with nationwide competence subordinated to an OHSZ or a central bureau form a third level and not included in the database); (d) certain types of entities (in spite of their agency-like nature) such as private and non-governmental organisations (even if publicly funded), state owned enterprises, the (national HQs of) armed bodies, associations, or public utility companies (KHT’s). (e) organisations not falling under the organisational scope of the Act on Civil Service (Law XXIII/1992) such as e.g. the police, the armed forces, or the socalled background institutions staffed by public servants. As a result of these restrictions, the definition covers the total of 50, 56, 60, 61, 57 organisations in five years from 2002 to 2006, respectively. The time period experienced lively changes in the government structure by the following milestones. The data of 2002 largely reflect the set-up of the centre-rightist Orbán administration, while the winning Socialist-Liberal coalition’s changeover was realised in the next year of 2004. With shake-ups in the government the incoming Prime Minister Gyurcsány has launched some organisational changes on the central level. Hungary’s accession to the European Union in the same year also implied actions towards agencification. However, the re-elected centre-leftist coalition of Socialist-Liberals (2006) has determined itself upon the retailoring of the central government structure (as no-one did before), the data of 2006 are too early to indicate these massive changes. 3.2.1.2 Data The organisational database involves the following variables: (a) Name of the organisation; (b) Total number of staff: the staff consists of every civil servant from the senior officials to the assistant employees; (c) Ministerial affiliation: the ministry supervising the given organisation; (d) Legal status: as we elaborated in Section 2, the organisations have been classified according to their main distinctive features into the categories of OHSZ, central and ministry bureau (it is important to note, that the category of ministry bureaus is expanded artificially in order to include the remainders; i.e., if an 11 organisation, which fulfils the definition criteria, is not OHSZ and is not central bureau, then it is ministry bureau); (e) Primary COFOG function: the functional breakdown of government functions was developed by the OECD and adopted as a standard in national accounts; the classification was made to the first (one-digit) level of COFOG (f) Regulatory target group: agencies with regulatory function5 have further been classified as they target business vs. non-business sectors. 3.2.1.3 Sources of organisational data The primary input to the database is gained from KÖZIGTAD, a system of civil service registry used by the government in annual planning. It contains data on both the number of staff and basic payments and allowances of public administration organisations. It is not a day-to-day tracking system, has a one year period of data collection, so each year provides a snapshot of 1 September. As to the basic structural features of the agencies – such as it legal status and ministry affiliation – the main analytical tools were the pieces of legislation which established the organisations. As mentioned in Section 2, the lack of clear legal definitions and compulsory legal constraints caused deficient and disordered regulation, subsequently, the statutes rarely declare the legal status explicitly. As a substitute, the main distinctive features laid down in the statute served the basis for identifying and classifying the organisation (the entity of directing/supervision, the extent of competences, etc.). In absence of a statute exclusively focusing on the agency at hand the legal status and the ministerial affiliation was be determined on the basis by other relating laws or organisational and functional regulations of the organisation itself. For the COFOG as well as for the regulatory target group classification further desk research (website and literature) was necessary. For the sake of fine-tuning, to experts – working independently from one another – were involved in the rating of functions. Conflicting ratings amounted to about 10%. These deviations (much of which were attributable to mistyping or lack of some factual information) were then jointly reviewed and eliminated. 3.2.2 Structural change events 3.2.2.1 What kind of structural change data are in the database? As we noted earlier, the organisational database can be best conceived of as a series of still photographs of the organisational domain under study; thus, in principle, on the same day (1 September) of each year a snapshot view of Hungarian agencies is created, whereby each organisational entity is recorded in the database as a separate observation (record), along with its main structural features. However, these consecutive snapshot views – and the entities therein – are not independent from one another: (a) certain organisations can be clearly pinpointed on the individual pictures as different instances of the same – unchanged – organisations; (b) other organisations are in a more complex relationship with one another; for example, Organisation X on PictureT is some kind of a predecessor of Organisation Y on Picture PictureT+1; Regulation is understood as “the public administrative policing of a private activity with respect to rule prescribed in the public interest” (Mitnick 1980 p. 7 cited by Yesilkagit and Christensen 2006 p. 9). 5 12 (c) finally, there are cases when Organisation X “suddenly” appears on Picture T without any predecessor, or disappears (does not appear), although it was definitely there on PictureT-1 and PictureT-2. Despite any such possible appearance it is far from being a trivial issue which organisations are deemed (a) identical and unchanged, (b) identical but changed, or (c) started anew / ended without successor. In the final analysis, this is the central question underlying the problem of determining the organisational change concept. The problem is visualised in the below figure. Year T-1 Year T Year T+1 Organisation 1 Organisation 12 Organisation 26 Organisation 2 Organisation 13 Organisation 27 Organisation 3 Organisation 14 Organisation 28 Organisation 4 Organisation 15 Organisation 29 … … … Organisation N Organisation P Organisation Q The columns represent the organisations, which have to be linked together if necessary. There are three possible outcomes of this exercise: (a) In line with the predominantly formal, structural focus of this study, stability is conceptualised as the lack of structural change. That is, if all major structural features of two organisations are the same then the two organisations are deemed different instances of the same, unchanged organisational entity. This is represented by the solid line arrow. The defining structural features are operationalised as (i) the name, (ii) the legal status and (iii) the ministry affiliation of the organisation. If this type of link between two organisational entities can be established there is no change event associated with these entities. (b) In some other cases we find that although one or more of the three central structural features are changed still Organisation(X) can be conceived of as a predecessor of Organisation(Y). Now the question is what the preconditions of establishing such a relationship are. In the present study such an “inheritance relationship” is present if there is a significant commanility between the two organisations in terms of the staff employed by them. In other words, Organisations (X) and (Y) are in an “inheritance relationship” if a significant chunk of X’s staff are employed by (or are transferred to) Y. This kind or relationship is represented in the figure as a dotted line arrow. (c) Finally, if neither a relationship of Type (a) nor Type (b) can be established for a given entity it is said to be genuinely founded or completely dissolved (depending on the direction of its “inheritance” relationship). 13 In the focus of our analysis is cases of Type (b) and (c); these cases are called “change events”. An additional question regards the definition of the unit of analysis; namely, what constitutes one, as opposed to two or three, change events? In the terminology applied in this study, one change event is defined as a contiguous set of organisations and inheritance relationships. For example, Organisations 2, 3 and 13, Organisations 12 and 26, or Organisations 13, 14, 27, 28 and 29 are bounded within a single one change event. In the database, each change event is described by the following variables: - input (i.e., affected, pre-existing) organization(s), if any; - output (i.e., affected, resulting) organization(s), if any; - the year, in which the change took place; - a brief open-ended description of the change event. 3.2.2.2 Sources of change data The primary sources of change data were legal regulations defining the basic structural features of the agency at hand. These pieces of legislation (statutes) have been amended on average two or three times a year, entailing some minor as well as major changes. On the basis of these statutes all changes affecting the three basic structural features of the agency – that is, its name, legal status and/or supervising ministry – could be detected. The thematic and chronologic query options of the electronic database of Hungarian legislation (Complex Jogtár) facilitated the task to a large extent. 3.3 The method Analyses related to the first and the second research question – that is, to the description of the agency field, and to the testing of the credible commitment hypothesis – followed, more or less, the usual way of quantitative, statistical analyses. Firstly, records for each agency and for each year under study were compiled and exported into a single data file (the descriptions of the data files are given in Annex 1). Most of the subsequent analyses were carried out using SPSS 11.0, apart from a few operations where the complex nature of the data management task necessitated the reliance on SQL database operations in the original database. In contrast, the analysis of organisational change data followed different routes. In this regard, two kinds of analytical approaches were utilised: (a) Computer aided qualitative data analysis supplemented by a simple statistical analysis of the coded data, and (b) Frequency tables produced directly from the database using SQL operations. Ad (a): Data records describing change events were, like it was the case with organisational data, compiled in the original database. However, the subsequent qualitative analysis of the exported data took place using the Qualrus computer aided qualitative data analysis software package. In the course of this analysis all so-called text segments – each corresponding to one change event – were carefully read and, if necessary, several times re-read in order to identify typical issues emerging out of them and contributing to describing and understanding them. It is important to mention that – as our initial assumption was reinforced in the course of the analysis – it seemed both practically difficult and conceptually problematic to cluster change 14 events in a category system consisting of mutually exclusive and (with regards to all, theoretically possible change events) jointly exhaustive categories. Many change events consisted of a complex series of loosely (if at all) related structural alterations6; moreover, the way these were – or were not – tied together in a single decision often depended on purely accidental factors. Therefore it was neither wise nor possible to look for mutually exclusive and jointly exhaustive categories describing change events; rather, we were looking for emergent motifs grasping certain important aspects of change events, whereby one change event can be described by one or more such motifs. The qualitative analysis proceeded in a case-by-case, iterative manner. The process of identifying, labelling, grouping, re-labelling and re-grouping of change motifs lasted until a finegrained typology of motifs (not change events!) – consisting of conceptually clear and mutually exclusive categories – emerged. An important guiding principle of this process was (i) achieving as sharp as possible conceptual demarcation between the various emerging analytical categories, meanwhile (ii) maximising their descriptive power and theoretical relevance. Some additional details of this coding procedure – sometimes referred to as “open coding” (Ryan-Bernard 2002) or “qualitative coding” (Kelle 1997) and much resembling to the procedural prescriptions of grounded theory (Strauss–Corbin 1990) – are given in the section on findings. While some of the analytical results (outputs) come from the qualitative analysis software, the coding results were exported into a data file and analysed in SPSS 11.0 using the regular statistical analysis procedures. The description of the change data file is given in Annex 3. Ad (b): In order to produce certain kinds of information database operations, rather than “normal” statistical procedures, had to be relied on. This was the case, in particular, with regards to calculating the proportions of so-called “stable organisations” across various sectors/subsets of agencies – the term “stable organisation” referring to those ones which did not undergo any structural change throughout the examined period. Some further clarification and justification for this type of analysis – partially relying on findings gained from previous analysis – will be given in the relevant sub-section. 4 The organisational universe 4.1 Prevalence of agencies and agency types In 2002 the incoming Socialist-Liberal government started its parliamentary cycle with fifty agencies. In the subsequent year this figure has rapidly risen to 61 in 2005; this trend seems to be consistent with the markedly activist, generously distributive attitude of the new (Medgyessy) cabinet having been in office from 2002 to 2004. In the subsequent year of 2006, however, this trend took a sharp change and the overall number of agencies has sunk to 57. As it can be seen most of the 2002 to 2005 increase occurred to the most autonomous type of agencies, OHSZ’s. The new Socialist-Liberal cabinet starting its parliamentary cycle in Spring 2006 rapidly decreased this number, whereby the number of OHSZ’s sunk, within one year, from 23 to 18 (note that all data refer to the situation as of 1 September). 6 One may think of such change events as, for example, Agency X being divided into two, one part being reintegrated into the parent ministry, and the other part being merged with another agency and the resulting new entity horizontally transferred under the supervision of another ministry, at the same time changing its legal status from a more to a less autonomous one. 15 Legal status 2002 2003 2004 2005 2006 OHSZ 14 17 19 23 18 Central bureau 26 28 28 25 24 Ministry bureau 10 11 13 13 15 TOTAL 50 56 60 61 57 Table 2.: Frequencies of various agency forms between 2002 and 2006 At the other end of the autonomy spectrum ministry bureaus kept on, through the entire period, to exhibit a modest but constant increase in number. It is the central bureaus, which exhibited a large degree of stability with regards to the overall number of organisations. The above trends also appear if – instead of organisation counts – staff sizes are used as indicator of organisational weight. As it is shown in the below figure the sharp reversal of the growing trend among OHSZ’s occurred in 2005, one year after the office-taking of the new cabinet of the ruling Socialist-Liberal coalition (the first Gyurcsány cabinet, 2004-2006). Following an almost 40% growth between 2002 and 2005, within one year the total OHSZ staff decreased by about 800 (or more than 10%). Central bureaus followed a partly different trend by producing a 15% growth during the first three periods but avoiding the staff decline in the last one. In contrast to these patterns, however, total staff of ministry bureaus remained rather stable throughout the entire period. 8000 7000 Total number of employees 6000 5000 4000 Legal status of org. OHSZ 3000 Central bureau 2000 2002 Ministry bureau 2003 2004 2005 2006 Figure 1.: Staff employed by agencies broken down by legal status7 7 It is noted that there are some problems of validity with Közigtad staff number data. Namely, while the territorial/local units of most deconcentrated agencies appear in the database as separate entities (along with their own staff size etc.), in the case of certain other deconcentrated agencies this is not so. In this latter case, field offices do not appear as separate entities, and their staff appears in the staff size figure of the central (national) head office. In other words, some (national-level) agencies’ staff size include the field staff, and some deconcentrated offices’ staff does not appear in the data. It is impossible to trace the roots of this difference as it is partly rooted in some fuzzy idiosyncrasies of the Hungarian public legal system, and – predominantly – in simple legislative/codification and administrative/data management errors. Still we do use staff data for the above, descriptive analyses. This decision is underpinned by the following arguments. (i) It is typically the smaller and less significant agencies, which exhibit the above problem; staff data of 16 One may ask why this sharp difference between ministry bureaus on the one hand, and central bureaus and OHSZ’s, on the other, exist. On the basis of the data presented so far an emerging hypothesis is that ministry bureaus, being at the “lower end” of the agency hierarchy in terms of autonomy, are not so much prone to play the role of political spoil: - As a starting point one may say that being a relatively direct extension of ministry hierarchies ministry bureaus usually perform rather technical functions, whereas the other two clusters of agencies – and especially OHSZ’s – deal with overarching policies not fitting under the jurisdiction of any ministry, thereby creating a much larger room for organisational/political manoeuvre. - It follows from the above that ministry bureaus as the less autonomous type of agencies form a more or less inherent part of the supervising minister’s organisational Hintergrund (as opposed to being exposed to the empire-building desire of a broader selection of party strongmen). - Another difference among the three types of agencies – potentially explaining the above patterns – relates to the prestige and salary attached to the position of the agency director, which is much more appealing in the case of OHSZ’s and central bureaus. Consequently, these types of agencies are more attractive targets decisionmakers tying to find/create an appropriate “shelter” of fired/unwanted but still “important” cadres customarily called as “parachutists”. In the light of additional empirical evidence we will come back to this issue in the section on organisational change and stability. 4.2 Policy areas served by the agencies A breakdown of agencies according to their primary function (using the COFOG classification) for the various years is given below. In order to condense the data and thereby to make it more comprehensible six COFOG classes having minimal weight/importance were suppressed into one (“others”). These COFOG classes included those where (i) the number of agencies in the given class was not more than two in any of the years and (ii) those where the number of total staff did not exceed 50 in any of the years. 2002 GEN. PUBLIC SERV. HEALTH SOC. PROTECTION GENERAL ECON. AFF. SECTORAL ECON. AFF. OTHERS Total n 14 2 1 7 19 6 49 Col % 28,6% 4,1% 2,0% 14,3% 38,8% 12,2% 100,0% YEAR 2004 2003 n 16 3 1 8 19 9 56 Col % 28,6% 5,4% 1,8% 14,3% 33,9% 16,1% 100,0% n 17 3 2 8 18 12 60 Col % 28,3% 5,0% 3,3% 13,3% 30,0% 20,0% 100,0% 2005 n 17 3 2 8 19 12 61 Col % 27,9% 4,9% 3,3% 13,1% 31,1% 19,7% 100,0% 2006 n 15 3 2 7 21 9 57 Col % 26,3% 5,3% 3,5% 12,3% 36,8% 15,8% 100,0% Table 3.: Frequencies and relative frequencies of agencies according to their primary COFOG function (2002-2006) the really “weighty” and important deconcentrated agencies appear correctly. (ii) The distribution of this error according to various grouping variables (such as legal status or COFOG function) is even; that is, there are not association between the existence of data error and these grouping variables. (iii) Finally, staff data is key to disentangling “real” changes from those omnipresent formal-structural changes. 17 Beside the (i) weighty presence of economic policy among agencies – altogether amounting, in 2002, to an absolute while since then to a relative majority of the agency population – and (ii) the large stability of the agency distribution across COFOG classes it is the different extent of variation in the number of agencies within individual classes that deserves attention. However, the structural change patterns of agencies deserve – and will be subject to – more in-depth analysis in the section on analysing change events. 5 Motifs of agency creation: examining the credible commitment hypothesis Briefly reiterating the claim to be tested, the credible commitment hypothesis predicts a larger prevalence of autonomous regulatory agencies in the field of business regulation than in other regulatory fields. The explanatory variable is thus the field, or target group, of regulation. As outlined in Section 3 these data stem from expert ratings of each agency performed by two independent experts thoroughly familiar with the Hungarian agency landscape, and with the support of additional legislative information specifying the task portfolio of the different agencies8. The prevalence of various types of regulatory agencies is given in the following table. 2002 2003 2004 2005 2006 Group Total Regulation target group (two-clas s) Non-business entities Business entities Count Row % Count Row % 8 32,0% 17 68,0% 10 35,7% 18 64,3% 10 34,5% 19 65,5% 8 29,6% 19 70,4% 8 26,7% 22 73,3% 44 31,7% 95 68,3% Group Total Count 25 28 29 27 30 139 Row % 100,0% 100,0% 100,0% 100,0% 100,0% 100,0% Table 4.: Frequencies and relative frequencies of regulatory agencies, broken down by target group of regulation (2002-2006) As the data reveal both the total number of regulatory agencies and the number of agencies targeting business entities exhibited a modest but more or less steady increase throughout the period. The dependent variable – the extent of agency autonomy – is operationalised as the legal status of the agency – OHSZ’s being the most and ministry bureaus the least autonomous entities, central bureaus being in between the two. This operationalization is justified by the analysis of these institutional types given in Section 2. The concept of regulation was understood in the sense summarised by Mitnick (1980) and followed in the Cobra surveys as “public administrative policing of (private) behaviour according to rules and laws”. The „target group of regulation” was operationalised as the primary target group, as in many cases the regulatory activity extended to both public and business actors. It is noted that in three cases (the Tax and Finance Authority, the Traffic Authority and the Central Traffic Authority) the regulatory agency at hand had to be omitted from the analyses as it was not possible to classify it into either one of the two classes of “business” and “non-business” regulatory target groups. 8 18 The analytical tool used for testing the credible commitment hypothesis was cross-tabulation of the two categorical variables and calculating Chi-square statistics. The result of this analysis is shown in the below table. % within REGCODE2 Regulation target group (two-clas s) STATUS Legal s tatus OHSZ Central bureau Ministry bureau Total REGCODE2 Regulation target group (two-class) Business Private entities entities 32,6% 11,4% 41,1% 52,3% 26,3% 36,4% 100,0% 100,0% Total 25,9% 44,6% 29,5% 100,0% Chi-Square Te sts Pearson Chi-Square Lik elihood Ratio Linear-by-Linear As soc iation N of Valid Cases Value 7,130a 7,906 5,298 2 2 As ymp. Sig. (2-sided) ,028 ,019 1 ,021 df 139 a. 0 c ells (,0% ) have expec ted count less than 5. The minimum expec ted count is 11,40. Table 5.: Results of Chi-square test (variables: Target group of regulation * Legal status of agency) The upper table shows the proportion of OHSZ’s, central bureaus and government bureaus among business vs. non-business regulators: the proportion of the most autonomous type of agencies (OHSZ) is definitely higher among business than among non-business regulators. Likewise, the proportion of the least autonomous types of organisations (ministry bureaus) is significantly higher among non-business than among business regulators. To sum up, the data support the credible commitment hypothesis: the prevalence of the most autonomous type of agencies (OHSZ) is larger while the prevalence of the least autonomous type of agencies (ministry bureau) is smaller in the population of economic regulators than among other types of regulators. This association – while being only relatively modestly strong – is statistically significant9. 9 Since the measurement level of the two variables doesn’t reach interval level it is only for illustrative purposes that we also calculated Pearson correlation coefficient between the two variables (non-economic regulation coded as 1, economic regulation as 2; OHSZ coded as 1, central bureau as 2, and ministry bureau as 3). The correlation coefficient was -0.196 with a significance level of p=0.021. 19 6 Change events in organisations 6.1 The significance of structural changes in understanding agencification In economics and related sciences it is customary to differentiate between data or measurement of a “stock” versus “flow” character. Stock measurement is meaningful with regards to a single one point time (e.g. the population of Country X on Date Y); stock data therefore can be conceived of as a snapshot picture of the segment of the reality under study. Contrary to this, flow data are meaningful only with regards to some given period of time (such as the number of births in Country X in Year Y). Flow measurements are thus a kind of moving picture, grasping dynamic processes taking place in time. Most, or maybe all, studies of agencies rely exclusively on stock type data; in a number of cases the analysis is extended either in space (international comparative data), in time (time series/comparative static data), or both in time and space. While such extensions of the static, snapshot view usually significantly increase the relevance and the scope of the analysis some limitations cannot be trespassed that way. The assumption that most of the essential features of decision making regarding agencies (their creation, alteration, or closure) can be grasped by comparing two consecutive snapshot views of the agency universe holds true only under some specific circumstances. To take a very simple example, if in a given period a certain number of agencies Type A are changed to Type B and at the same time the same amount of agencies Type B are changed to Type A, this dynamics will not be visible using a comparative static view at all; the appearance will be that no significant change took place in the given period. Of course this problem may emerge in more complex ways too. To sum up, the comparative static analysis of change processes is a problem-free approach only if those processes are coherent (i.e., they do not consist of controversial subprocesses of opposed sign) and unidirectional (no ups and downs happen between two observations). These preconditions, however, seemed not to hold true for the Hungarian central government organizational landscape; the constant, turbulent and even contradictory waves of structural change – often window-dressed as “reform” and at the same time becoming a kind of routine operation of government – are far too much part of the daily reality of administration to allow for their disregard. This starting hypothesis of the research – based on our familiarity with the setting but not rooted in direct empirical evidence – was reinforced by the initial results of organisational structural change data: in the four one-year periods between 2002 and 2006 we recorded altogether 66 significant structural changes. In the course of filling up the structural change database with change data it became clear very soon that while most change events are relatively easy to describe, a number of them are often quite complex, involving (i) even three to five organisations, and (ii) consisting of a number of conceptually different – sometimes contradictory – change motifs (some of which being the result of “real” organisational changes while other only those of more or less broader/untargeted legislative changes). Therefore, it was illusory to apply any pre-conceived category system to describe organisational changes. The purpose of the qualitative analysis of change data we performed was twofold: (a) firstly, it was necessary to develop a category system capable to giving a comprehensive, powerful and conceptually coherent description of the change dynamics; (b) secondly, by applying the emergent category system to the data we wished to reveal the underlying patterns by (more traditional) statistical analysis. The following two sub-sections describe the results of these two phases. 20 6.2 Change motifs The qualitative analysis of structural change events resulted in thirteen categories, or change motifs, emerging in the change data. These motifs – in qualitative analysis often called “codes”, identified by a code name, and briefly explained by a brief code description – are summarised in the next table. Agencification (N=14): Part of a ministry is moved into an agency (either existing or newly created). Genuine organisation created (N=1): An organisation is created, much of its parts/employees having been newly recruited (as opposed to transferred as units from already existing organisations). Horizontal shift (N=10): Organisation is put under the supervision of another (already existing) ministry. Insourcing to Ministry (N=7): Agency or its part is moved into a ministry. Internal functional change (N=4): Change in the size or tasks of the organisation (not affecting COFOG class), without any other type of significant change . Merger (N=7): Re-shuffling of organisational boundaries, as a result of which the number of agencies and other NDPB's decreases10. Realm of civil service contracted (N=1): As a consequence of legislative changes the scope of the CS regulation is narrowed so that the organisation at hand gets out of that (but continues to exist). Realm of civil service expanded (N=8): As a consequence of legislative changes the scope of the CS regulation is broadened so that the organisation at hand gets in it (and continues to exist there). Relative autonomisation of organisation (N=5): Organisation or its part moves "upwards" in the agency hierarchy Relative de-autonomisation of organisation (N=3): Organisation or its part moves "downwards" in the agency hierarchy Secession (N=1): Re-shuffling of organisational boundaries, as a result of which the number of agencies and other NDPB's increases. Supervising ministry reorganised (name change) (N=14): The ministerial entity supervising the organisation is transformed into a new one. Transfer of organisational unit (N=3): A component part of an agency is transferred to either another agency or to another type of NDPB. (Vertical transfer means agencification or insourcing.) Table 6.: A summary of change motifs identified by the qualitative analysis of change events (code names, number of occurrences, and code descriptions) 10 There is a huge variety of cases when entire organisations and/or certain sub-units within organisations are put together, forming a one or more new and/or altered organisations – which, again, can be either agencies, ministries, or other types of organisations. In order to avoid the overly extension of the concept we restricted it to (i) involve only those changes, as a result of which the total number of agencies decreases. Moreover, (ii) absorption of an organisation or a unit into the parent ministry in considered as a different motif, namely, “Insourcing to Ministry”. Vice versa, the same considerations are applied to the “Secession” of agencies. 21 Two important features of these categories have to be emphasised again: - Firstly, they are not derived by some pre-existing set of concepts or theories of the observed phenomenon. Rather, they are the result of a careful examination and conceptual disentangling of change events, and a constant comparison of emerging concepts with data as well as with other concepts. This category system is therefore to be conceived of not so much as a definite analytical result but much more as a plausible and (hopefully) useful tool which however might, and in the possible case of adding further change events to the data will surely have to, be modified and/or supplemented by additional motifs. - Secondly, the individual motifs are neither mutually exclusive nor jointly exhaustive (with regards to all theoretically possible change events). Consequently, a certain number of change events received two, or even three codes11; moreover, it is definitely possible that in some other set of organisational change events this typology would perform less than optimally with regards to descriptive power. While the emergent categories promised to be, in themselves, a suitable tool of describing and analysing change events it seemed useful to put them under further conceptual scrutiny in order to reveal underlying similarities and differences between them. By doing so, the thirteen codes were grouped into four groups then, in the final analysis, two groups (signified by four so-called second-order and two third-order codes). The result of the process is displayed in the below figure: Figure 2.: Grouping of change motifs: second- and third-order codes In order to explain and/or justify the above grouping of the codes (as well as some further decisions) some comments on individual codes are necessary as follows: - Dividing organisations into more units (secession) can typically be expected to create more specialised and single-purpose organisations. Since the latter principle is a typical prescription of NPM-type reforms it is considered a “pro-NPM” measure. This consideration is reflected by changing the code name to “Secession/Specialisation”. - Likewise, mergers can be considered a step towards leading to larger, more integrated, multi-task organisations, that is, the opposite direction. They are thus assumed to be a step towards the direction opposing NPM principles. This assumption is reflected by changing the code name to “Merger/Amalgamation”. Some of the subsequent analyses focus on examining/comparing the relative frequencies (percentages), with which various (sets of) codes have been applied to (various sets of) change events. Therefore, since one change event can be characterised by more than one change motif, percentages do not add up to 100% (see also Table 6) 11 22 - Some of the core concepts, to which the organisational change data were distilled down fall outside the scope of the “structural change” concept as used in this study. In the final code set presented above there was one such motif, namely: internal functional change. This code refers to changes in the size or tasks of the organisation without any other type of significant change. This type of change motifs was eliminated from further analysis as it does not fall into its scope. - As a practical, possibly even opportunistic, decision, the other motif of the previous group – operational responses – was also eliminated. The creation of a new organisation “on green field” is a par excellence structural change; the omission of this category from further analysis is only justified by (i) its minimal weight (a total of N=1 occurrence) and (ii) the resulting simplification of the second-order category system. To sum up, the input to the descriptive, statistical analyses provided in the next sub-section was an organisational change database describing each change event by one or more element of an eleven-category change motif system, each change motif belonging into either the “pro-NPM”, the “anti-NPM”, or the “organisational-legal reshuffling” second-order group. 6.3 Patterns of change events As already mentioned, sixty-six change events having occurred between 2002 and 2006 were recorded. These change events were coded using the code system described above. Most change events received only one code, but there were also some more complex ones requiring more than one code to be described sufficiently. The frequencies of such change events – i.e., those, which are described by more than one codes assignment/change – are displayed in the below table. NOOFCHNG Number of codes as signed t o the change event 1 2 3 Total Frequency 56 8 2 66 Percent 84,8 12,1 3,0 100,0 Valid Percent 84,8 12,1 3,0 100,0 Cumulativ e Perc ent 84,8 97,0 100,0 Table 7.: Frequency distribution of change events by the number of change motifs (codes) assigned to them The following two figures display information on the overall composition and the temporal dynamics of organisational changes. 23 60 Proportion of change events (%) 50 40 30 20 N ti An s ge an ch s ge an ch fl. uf sh re PM PM al eg .-l rg N oPr O 10 Figure 3.: Relative frequencies of change events broken down by major second-order categories 30 N. of change events / changes 20 10 All change events Org.-legal reshuffl. Pro-NPM changes 0 Anti-NPM changes 2003 2004 2005 2006 Figure 4.: Frequencies (counts) of change events broken down by year and major second-order categories On the basis of the data the following observations can be made: - A convincing, absolute majority of change motifs present in the data represent some instance of pure organisational-legal reshuffling of existing organisations. The intensity of purely legal-structural change strongly varies; it reaches its peak in the 2005-2006 period with a total of eighteen such change events. - Out of the 36 occurrences of purely organisational-legal type of change 14 were related to the changing identity of the reporting ministry. A vast majority of these changes happened in 2006, when 7 out of 15 ministries got reorganised. However, even if this type of change – related not directly to the agency itself but, rather, to its orgnisational context – was disregarded structural-reshuffling would retain its convincing, although relative, majority. - Pro-NPM type changes amount 30% of total code occurrences. It is remarkable, however, that anti-NPM type changes also have a significant presence, as their relative 24 frequency amount to 18%. This relative proportion between pro- and anti-NPM type changes strongly varies between the four periods studies: the large initial majority of pro-NPM changes rapidly disappears so that by 2006 anti-NPM changes outweigh proNPM changes by about two-thirds. - The intensity of structural change (as measured by the number of change events per year) has, likewise, dramatically increased in 2006, to about the double of its value throughout the previous years. 6.4 Determinants of organisational stability The analysis of organisational change data presented so far revealed some interesting patterns not having appeared in the preceding, comparative static analysis of agency formation. However, this type of analysis still has an important drawback as it does not account for the differences change events’ distribution among various (clusters of) agencies. Thus, we don’t know whether all changes were distributed among all agencies evenly and in a similar manner, or certain (types of) changes were concentrated around certain (types of) agencies, while the others remained almost untouched. This type of questioning opens up a quite complex analytical field. In fact, the problem can be modelled as a network (graph) composed of snapshot-viewed agencies as nodes (or vertices) and change events as arrows (arcs) linking certain agencies with some other ones. The analysis of such structures could answer such questions as (i) which are the longest vs. the shortest “agency–change event–…–agency” chains in the data, and (ii) what are the properties of these chains. As this type of analysis would require the development of a relatively complex programmatic algorithm – not fitting into the time constraints of this research –, only a less ambitious, initial step taken into this analytical direction is presented below. The basic idea of this method is that some agencies – unlike others – remained unaffected by any change throughout the entire period (these will be referred to as “stable organisations”); and that the frequency distribution of such stable organisations across various agency subgroups is a telling sign of policymakers’ willingness to initiate structural changes as well as the constraints they face in doing so. The following table present the proportions of such stable organisations broken down by available explanatory variables: (i) primary COFOG function, (ii) legal status and (iii) regulatory target group (economic vs. non-economic actors). As a methodological remark it is noted that simple counts of stable organisations are, in an by themselves, meaningless; therefore relative frequencies were calculated using organisation counts for the mid-point year of 2004 as reference year. Breakdown variables and variable categories % of stable org. Total N (2004) 1. COFOG function Defence 25% 4 Education 0% 2 Environment protection 0% 2 Expenditures not classified by division 0% 1 25 General economic affairs 57% 7 General public services 38% 13 Health 0% 2 Housing and community amenities 0% 1 Recreation, culture and religion 0% 3 65% 20 0% 5 37% 60 OHSZ 43% 20 Central bureau 32% 27 Ministry bureau 90% 13 Total for legal status 37% 60 Non-economic 30% 3 Economic 53% 10 Total for target group of regulation 47% 13 Sectoral economic affairs Social protection Total for COFOG function: 2. Legal status 3. Target group of regulation Table 8.: Percentage proportions of structurally stable agencies (2002-2006) The above data reveal what kinds of organisations change events are focused on, and what are the organisational subsets that are relatively untouched by structural change: - From a functional perspective the pattern is remarkably clear: it is agencies tied to the economy/the business sector which enjoy by far the largest extent of structural stability. The majority of such agencies – in the case of COFOG classes General and Sectoral economic affairs: 57 and 65%, while in the case of economic regulators: 53% – remained untouched. - Contrary to this, agencies belonging to other functional categories were much more volatile; the proportion of stable organisation was with one exception below 30%, but most frequently 0%. - From a legal-institutional perspective, it was ministry bureaus that exhibited the largest extent of structural stability. The proportion of stable organisations among these least autonomous agencies more than doubled the same measure calculated for the joint set of the other two, more autonomous clusters of organisations. 7 Discussion and conclusions The broad range of empirical data presented in the above chapters on Hungarian agencies – having been not available so far – can be, and definitely needs to be, extensively interpreted and further investigated. Still some concluding observations emphasising certain findings are justified in this concluding section. 26 Firstly, despite all (possible) driving forces related to the functional imperatives of effective policymaking and implementation and to the structural isomorphism emanating from normative pressures, the data does not show the presence of a significant trend of agencification. One may argue that a four-year period is far too short to establish any trends, or the lack thereof. This argument undeniably has merit; still if we consider that we observed the turbulent years of joining the EU governed by the most “pro-NPM” cabinets of the past almost twenty years (at least on the level of rhetoric; cf. Hajnal 2006) the lack of any significant “net” movement towards either more agencies or more autonomy is a telling observation. At the same time, it is undeniable that, especially in the era of the Medgyessy-cabinet (2002-2004) these processes were definitely more significant. It is an important result of the study that the credible commitment hypothesis of agency formation gained some extent of support in the light of Hungarian data. In the light of the fact in the Northern European context the same hypothesis seemed to be not supported (Yesilkagit and Christensen 2006) one may conclude that, in line with the theoretical considerations underlying the mode, the model travels definitely better in a (post-)transition context characterised by the large weight of newly opened markets and (to-be) privatised community sectors. With regards to the main patterns of organisational dynamics among agencies it is a peculiar finding of the study that much of the policy action regarding agencies end up as a “good old” structural and/or legal reshuffling of the organisational scene, just as it was the case with the Government Resolutions on Administrative Modernisation Hajnal 2006). That is, certain tasks are transferred form A to B organisations, or some unit of Organisation B is merged with another one etc. Pro- and anti-NPM dynamics exist in parallel; that is, the volatile and contradictory nature of change processes diagnosed on the basis of organisational data is reinforced by the analysis of organisational change data. As to the decision making activity related to agency formation, a – some may say: strikingly – high intensity of structural change was detected, with about only one third of agencies not having been restructured within a four-year period. There are two peculiar features of the patterns of organisational stability: it is much higher among (a) agencies with low autonomy and (b) agencies dealing with economic issues. These observations deserve some further thought. As to the first one, this is a strongly counter-intuitive finding as on may intuitively expect that the higher in the agency hierarchy one goes, the more those agencies are institutionally and legally entrenched, leading to an increased resistance to external change initiatives driven by whatever (functional, mimetic, “agency shaping”, or other) motifs. While our findings do not necessarily refute this line of argument they do suggest that policymakers’ “demand” for shaping agencies according to their (often temporary) needs is significantly higher with regards to more autonomous agencies than in the case of less autonomous ones. It is difficult to see any other explanation to this circumstance than the more autonomous and prestigious character of these more autonomous agency types. More organisational autonomy, the argument might go, means more (political) autonomy and room for manoeuvre for the agency leadership and the (party-political) clientele; in short: to create/strengthen their organisational Hintergrund. In addition, these organisations offer a more appealing target for “fallen parachutists” coming from higher echelons of the government hierarchy. As to the second observation, the finding might be interpreted along similar lines than those outlined with regards to the first observation. Namely, this finding is congruent with the presumptions that (i) while there is a more or less uniform “demand” by politicians for organisational Hintergrund (ii) agencies related to the “hard” business sector are nevertheless 27 able to cope with such pressures more successfully than other agencies in the social, education, or health etc. sector. Put differently, a plausible explanation of the significantly larger stability of economy related agencies is the greater need by the government of the day for sheltering them from self-serving (party) political Hintergrund-building. Of course, these propositions on the motif of organisational Hintergrund building need further elaboration, testing, interpretation and, if necessary, modification. This might be one important task for future research on agency formation and dynamics in the Central and Eastern European region. 8 References Balázs, István (2004): A központi közigazgatás különös hatáskörű szerveinek szabályozási koncepciója, Magyar Közigazgatás 54:9 pp. 513-528 Balázs, István (1993): Közvetett közigazgatás és az autonóm struktúrák lehetséges alkalmazási területei a magyar közigazgatásban, Budapest: MKI/Hungarian Institute of Public Administration Békefi, Ottó (2006): Függelék: Az államigazgatási szervek annotált jegyzéke, In: Balázs, István (ed): Közigazgatási szakvizsga - Államigazgatás, Budapest: MKI/Hungarian Institute of Pulic Administration pp. 9-53 Gilardi, Fabrizio (2002): Policy credibility and delegation to independent regulatory agencies: A comparative empirical analysis, Journal of European Public Policy 9:6 pp. 873-893 Hajnal, György and György Jenei (2007): The Study of Public Management in Hungary. Management and the Transition to Democratic Rechtsstaat, In: Kickert, Walter J. M. (ed.): The Study of Public Management in Europe and the United States. A Comparative Analysis of National Distinctivenes, London: Routledge pp. 208-232 Hajnal, György (2007): Public management reforms in Hungary, 1990-2006, Leadership and Management in the Public Sector: Values, Standards and Competencies in Central and Eastern Europe, Ukraine, Kyiv, 17-19 May 2007 Horváth M., Tamás (2004): A szabályzó hatóság típusú közigazgatási szervek szabályozási koncepciója, Magyar Közigazgatás 54:7 pp. 403-407 Kelle, U. (1997): Theory building in qualitative research and computer programs for the management of textual data, Sociological Research Online 2:2 Kilényi, Géza (2006): A közigazgatási szervek jogi személyiségének problémái, Magyar Közigazgatás 56:8 pp. 449-468 Kilényi, Géza (2004): A közigazgatásra vonatkozó általános szabályok a közigazgatási szervezeti törvényben, Magyar Közigazgatás 54:7 pp. 386-402 Majone, Giandomenico (1997): Independent agencies and the delegation problem: Theoretical and normative dimensions, In: Steuenberg, Bernard and Frans van Vught (eds): Political institutions and public policy, Dordrecht: Kluwer Academic Publishers pp. 139-156 Mitnick, Barry M. (1980): The political economy of regulation, New York: Columbia University Press Mónus, Lajos (1994): Az országos hatáskörű szervek helyzete az újraszabályozás után, Magyar Közigazgatás 44:1 pp. 30-34 Nagy, Csongor István (2005): Az agency-k jogalkotási hatásköre az USA-ban, Jogtudományi Közlöny 60:6 pp. 257-269 28 Nyitrai, Péter (1996): Adalékok az országos hatáskörű szervek rendszerében 1990-94 között bekövetkezett változások elemzéséhez, In: A magyar közigazgatás korszerűsítésének elvi és gyakorlati kérdései: Oktatási anyag, Budapest: Unió, pp. 146-153. Pollitt, Christopher et al. (2004): Agencies. How governments do things through semi-autonomous organizations, New York, NY: Palgrave Macmillan Pollitt, Christopher (2001): Clarifying convergence: Striking similarities and durable differences in public management reform, Public Management Review 4:1 pp. 471-492 Ryan, Gery W. and H. 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The hard and soft lenses of agencification theory, Public Management Review 7:4 pp. 615-635 29 9 Annex 1: The description of the data files 9.1 The organisational data set List of variables on the working file Name Position SZERV_ID 1 Measurement Level: Scale Column Width: Unknown Alignment: Right Print Format: F11.2 Write Format: F11.2 ONAME 2 Measurement Level: Nominal Column Width: Unknown Alignment: Left Print Format: A35 Write Format: A35 CSTAFF N. of employees Measurement Level: Scale Column Width: Unknown Alignment: Right Print Format: F11.2 Write Format: F11.2 7 STATUS Legal status of org. Measurement Level: Ordinal Column Width: Unknown Alignment: Right Print Format: F11.2 Write Format: F11.2 8 Value 1,00 2,00 3,00 TASK 2,00 3,00 4,00 5,00 6,00 ,00 1,00 9 Label Business/industrial Other e. public auth Policy formulation General public serv. Regulation/control Has regulatory function Measurement Level: Ordinal Column Width: Unknown Alignment: Right Print Format: F11.2 Write Format: F11.2 Value REGCODE Central bureau Ministry bureau OHSZ Organisational task Measurement Level: Ordinal Column Width: Unknown Alignment: Right Print Format: F11.2 Write Format: F11.2 Value REGULATE Label 10 Label No Yes Target group of regulation 11 30 Measurement Level: Ordinal Column Width: Unknown Alignment: Right Print Format: F11.2 Write Format: F11.2 Value 1,00 2,00 3,00 4,00 DECORG1 Private entities Business entities Public entities Private and public ent. Has deconcentrated units Measurement Level: Ordinal Column Width: Unknown Alignment: Right Print Format: F11.2 Write Format: F11.2 Value ,00 1,00 DECORG2 Label Label No Yes Deconcentrated units appear in DB Measurement Level: Ordinal Column Width: Unknown Alignment: Right Print Format: F11.2 Write Format: F11.2 Value ,00 1,00 12 13 Label No Yes DOFF N. of field offices Measurement Level: Ordinal Column Width: Unknown Alignment: Right Print Format: F11.2 Write Format: F11.2 14 DEMP N. of field employees Measurement Level: Scale Column Width: Unknown Alignment: Right Print Format: F11.2 Write Format: F11.2 15 YEAR 16 Measurement Level: Ordinal Column Width: Unknown Alignment: Right Print Format: F11.2 Write Format: F11.2 Value 2,00 3,00 4,00 5,00 6,00 N_COFOG Label 2002 2003 2004 2005 2006 COFOG class Measurement Level: Ordinal Column Width: Unknown Alignment: Right Print Format: F11.2 Write Format: F11.2 Value 1,00 2,00 17 Label GEN. PUBLIC SERV. DEFENCE 31 3,00 4,00 5,00 6,00 7,00 8,00 9,00 10,00 11,00 12,00 PUBLIC ORDER/SAFETY EDUCATION HEALTH SOC. PROTECTION RECR./CULTURE/RELIGION HOUSING/COMMUNITY AM. ENVIRONMENT GENERAL ECON. AFF. SECTORAL ECON. AFF. NOT CLASS. ELSEWHERE CHEMPL Change in staff (%) Measurement Level: Scale Column Width: Unknown Alignment: Right Print Format: F11.2 Write Format: F11.2 Missing Values: 999,00 18 CHDEMPL Change in field staff (%) Measurement Level: Scale Column Width: Unknown Alignment: Right Print Format: F11.2 Write Format: F11.2 Missing Values: 999,00 19 COFOG_6 Cofog six-class Measurement Level: Scale Column Width: Unknown Alignment: Right Print Format: F8.2 Write Format: F8.2 20 REGCODE2 Value Label 1,00 2,00 3,00 4,00 5,00 6,00 7,00 8,00 9,00 10,00 11,00 12,00 13,00 GEN. PUBLIC SERV. DEFENCE PUBLIC ORDER/SAFETY EDUCATION HEALTH SOC. PROTECTION RECR./CULTURE/RELIGION HOUSING/COMMUNITY AM. ENVIRONMENT GENERAL ECON. AFF. SECTORAL ECON. AFF. NOT CLASS. ELSEWHERE OTHERS Regulation target group (two-class) Measurement Level: Scale Column Width: Unknown Alignment: Right Print Format: F8.2 Write Format: F8.2 Value 1,00 2,00 STATUS2 Label Private and public entities Business entities Legal status 2 Measurement Level: Scale Column Width: Unknown Alignment: Right Print Format: F8.2 Write Format: F8.2 Value 1,00 2,00 3,00 21 22 Label OHSZ Central bureau Ministry bureau 32 9.2 The change data set List of variables on the working file Name Position ID ID # Measurement Level: Scale Column Width: Unknown Alignment: Right Print Format: F11.2 Write Format: F11.2 1 YR Year Measurement Level: Ordinal Column Width: Unknown Alignment: Right Print Format: F4 Write Format: F4 2 F1 Description Measurement Level: Nominal Column Width: Unknown Alignment: Left Print Format: A255 Write Format: A255 3 VALT_ID 35 Measurement Level: Scale Column Width: Unknown Alignment: Right Print Format: F11.2 Write Format: F11.2 AGENCIFI Agencification Measurement Level: Ordinal Column Width: Unknown Alignment: Right Print Format: F11.2 Write Format: F11.2 Value ,00 1,00 AUTONOM ,00 1,00 DEAUTO Code absent Code present ,00 1,00 37 Label Code absent Code present Relative de-autonomisation' Measurement Level: Ordinal Column Width: Unknown Alignment: Right Print Format: F11.2 Write Format: F11.2 Value G_ANTINP Label Relative autonomisation Measurement Level: Ordinal Column Width: Unknown Alignment: Right Print Format: F11.2 Write Format: F11.2 Value 36 38 Label Code absent Code present Anti-NPM changes Measurement Level: Ordinal 39 33 Column Width: Unknown Print Format: F11.2 Write Format: F11.2 Alignment: Right G_OPERAT Operational responses Measurement Level: Ordinal Column Width: Unknown Alignment: Right Print Format: F11.2 Write Format: F11.2 40 G_ORGANI Org.-legal reshuffling Measurement Level: Ordinal Column Width: Unknown Alignment: Right Print Format: F11.2 Write Format: F11.2 41 G_PRONPM Pro-NPM changes Measurement Level: Ordinal Column Width: Unknown Alignment: Right Print Format: F11.2 Write Format: F11.2 42 GENUINE_ Genuine organisation created Measurement Level: Ordinal Column Width: Unknown Alignment: Right Print Format: F11.2 Write Format: F11.2 43 Value ,00 1,00 HORIZONT ,00 1,00 ,00 1,00 ,00 1,00 MERGER Code absent Code present 45 Label Code absent Code present Internal functional change Measurement Level: Ordinal Column Width: Unknown Alignment: Right Print Format: F11.2 Write Format: F11.2 Value 44 Label Insourcing to ministry Measurement Level: Ordinal Column Width: Unknown Alignment: Right Print Format: F11.2 Write Format: F11.2 Value INTERNAL Code absent Code present Horizontal shift Measurement Level: Ordinal Column Width: Unknown Alignment: Right Print Format: F11.2 Write Format: F11.2 Value INSOURCI Label 46 Label Code absent Code present Merger/Amalgamation Measurement Level: Ordinal Column Width: Unknown Alignment: Right Print Format: F11.2 47 34 Write Format: F11.2 Value ,00 1,00 REALM_OF ,00 1,00 ,00 1,00 ,00 1,00 TRANSFER Code absent Code present Code absent Code present ,00 1,00 50 Label Code absent Code present Transfer of organsiational unit to another agency Measurement Level: Ordinal Column Width: Unknown Alignment: Right Print Format: F11.2 Write Format: F11.2 Value 49 Label Supervising ministry reorganised Measurement Level: Ordinal Column Width: Unknown Alignment: Right Print Format: F11.2 Write Format: F11.2 Value 48 Label Secession/specialisation Measurement Level: Ordinal Column Width: Unknown Alignment: Right Print Format: F11.2 Write Format: F11.2 Value SUPERVIS Code absent Code present Realm of civil service contracted Measurement Level: Ordinal Column Width: Unknown Alignment: Right Print Format: F11.2 Write Format: F11.2 Value SECESSIO Label 51 Label Code absent Code present NOOFCHNG 53 Measurement Level: Scale Column Width: 1 Alignment: Right Print Format: F1 Write Format: F1 35