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THE IMPACT OF THE EU ACCESSION PROCESS ON THE PUBLIC ADMINISTRATION REFORM IN CROATIA: OPPORTUNITIES AND OBSTACLES Dr Anamarija Musa, Faculty of Law, University.

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Presentation on theme: "THE IMPACT OF THE EU ACCESSION PROCESS ON THE PUBLIC ADMINISTRATION REFORM IN CROATIA: OPPORTUNITIES AND OBSTACLES Dr Anamarija Musa, Faculty of Law, University."— Presentation transcript:

1 THE IMPACT OF THE EU ACCESSION PROCESS ON THE PUBLIC ADMINISTRATION REFORM IN CROATIA: OPPORTUNITIES AND OBSTACLES Dr Anamarija Musa, Faculty of Law, University of Zagreb, Croatia Conference ‘EU and Icelandic Public Administration: The Impact of the EEA and the EU Accession Process on the PAR in Iceland’, Reykjavik, 18th October 2012

2 CONTENT THE OVERVIEW OF THE EU ACCESSION PROCESS IN CROATIA THE EU AND ADMINISTRATIVE REFORM IN CROATIA WHAT KIND OF EUROPEANIZATION OF PUBLIC ADMINISTRATION ? LESSONS THAT COULD BE DRAWN UPON CROATIAN EXPERIENCE

3 THE CHRONOLOGY OF THE EU-CROATIA RELATIONS 15 January 1992EU countries recognized the newly independent state Croatia (war ); Iceland was the first country that recognized Croatia (19 December 1991) May – June 1999The EC starts the Stabilisation and Association Process for Croatia and four other SEE Countries /Stability Pact/ 2000CARDS programme – an instrument for financial and technical assistance for SEE Oct 2001The Stabilisation and Association Agreement and the Interim agreement signed in Luxembourg the application of Interim Agreement concerning trade and transport ; ratification of SAA 18 Dec 2002Croatian Parliament adopted the Resolution on the Accession of the RC to the EU 21 Feb 2003Croatia applied for EU membership Jul-Oct 2003-Croatia preparing answers to the EC’s Questionnaire with answers 20 Apr 2004EC issued a positive opinion (avis) on Croatia’s EU membership application 18 Jun 2004Croatia was granted the candidate status 18 May 2005Croatian Parliament adopted documents and established the structure for negotiations monitoring 1 Feb 2005The Stabilisation and Association Agreement entered into force 16 Mar 2005The Council adopted the Negotiating framework for Croatia / opening of negotiations postponed Oct 2005the launching of negotiations / screening process started Jun 2006first chapter opened (Ch 25 Science and Research) and provisionally closed Oct 2006screening concluded Dec Dec chapters opened during two years Dec Oct 2009negotiations blocked Oct Jun 2011rest of the chapters opened, all chapters closed (during one and a half year) 30 Jun 2011accession negotiations formally closed 9 Dec 2011Accession treaty signed / monitoring mechanism established 22 Jan 2012referendum on accession 1 July 2013Membership expected (17 countries ratified the Accession Treaty by 18 Oct 2012) plus monitoring mechanism in place (reports every six months)

4 KEY FACTORS WHICH INFLUENCED THE ACCESSION PROCESS (I) EXTERNAL FACTORS 1.enlargement fatigue and low absorption capacity on the EU side after the Big bang enlargement 2.political and economic instability of the EU, the growth of Eurosceptic sentiment and extremist parties 3.instability in the region – carrots and sticks approach: Croatia as a model for others / strict monitoring 4.positive factor: lavish financial and technical support (CARDS, PHARE, IPA from 2007) (*)

5 Share Loading EU ACCESSION FINANCING INSTRUMENTS (MIL.EUR)

6 KEY FACTORS WHICH INFLUENCED THE ACCESSION PROCESS (II) DOMESTIC FACTORS 1.post-war state - priorities of Croatian policy – post war reconstruction, social policy and human rights issues, etc. 2.post-communist state - democratisation, institution building, privatization and economic development 3.globalisation forces – economic adaptation and restructuring 4.politicisation of the accession process itself fuelled by the EU vs independence debate - independent nation state building, cooperation with the Hague tribunal for war crimes – delayed start of negotiations

7 KEY FACTORS WHICH INFLUENCED THE ACCESSION PROCESS (III) 5. BILATERAL DISPUTES AND CRITIQUES  negotiations were blocked completely for 11 months by Slovenia (Dec Oct 2009), afterwards three chapters blocked  UK and Netherlands having reservations on the chapter on judiciary and human rights 6. DISBALANCE BETWEEN POLITICAL ELITES’ CONSENSUS ON EU MEMBERSHIP AS A MAIN POLICY GOAL AND PUBLIC SUPPORT  Eurobarometer – 24-35% in favour of the EU membership; (*)  domestic opinion polls – 30-60% pro, changes in support related to politically sensitive issues  the issue of legitimacy – intensive legislative activity - citizens have no say (*)  ineffective EU communication strategy; late start of campaign  constitutional amendments in 2010  2/3 of parliamentary votes plus referendum (50% of votes, no matter turnout) (*)

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12 EU ACCESSION AND PUBLIC ADMINISTRATION – THE ROLE OF PUBLIC ADMINISTRATION IN THE ACCESSION State Delegation for Negotiations on the Accession - political talks, reports; 6 members ( minister of foreign affairs, Chief negotiator, two deputy chief negotiators, head of the Croatian mission to the EU and the secretary of the negotiating team) Coordinating Committee for the Accession (an interdepartmental working body of the Government); reviews proposals (head of state delegation, vice prime minister, Chief Negotiator, ministers) Negotiating Team for the Accession – expert and technical level; 16 members 35 Working Groups for the Preparation of Negotiations on Individual Chapters of the acquis Office of the Chief Negotiator – expert and technical support to the Chief negotiator Secretariat of the Negotiating Team National Committee for Monitoring the Negotiations – parliamentary oversight body In each ministry and other public organization – EU related organizational unit cca 300 civil servants in the European studies programmes in EU

13 EU ACCESSION AND PUBLIC ADMINISTRATION – THE IMPACT OF THE EU ON PUBLIC ADMINISTRATION AND ITS REFORM (EUROPEANIZATION) ◦ the SIGMA support for CEE countries ◦ the concept of European Administrative Space - as a model for post-communist states  rule of law and legal certainty  accountability  transparency and openness  effectiveness and efficiency ◦ AREAS:  LEGAL FRAMEWORK AND CIVIL SERVICE (administrative law and administrative justice, civil service, HRM, quality of legislation, state building and democratic institutions)  PUBLIC FINANCE MANAGEMENT (financial management, internal audit, budgeting, EU funds management, external audit)  PUBLIC PROCUREMENT  POLICY MAKING AND COORDINATION (centre of government, policy development)

14 EU SUPPORTED PROJECTS IN THE FIELD OF PUBLIC ADMINISTRATION REFORM Various projects supporting administrative reform (EU funded, multilateral, bilateral), under the Ministry of public administration ( State office for public administration) Additionally, numerous projects in different ministries for specific policies (e.g. capacity development for justice administration, administrative justice, agriculture, intellectual property, tax administration, financial management in public sector etc.)

15 DURATIONPROJECTCONTENT November 2002 to December 2004 CARDS 2001 Public Administration Reform: Support to the Reform of the Civil Service Civil service legislation; central civil service management system as well as building capacity for delivery of training programmes for civil servants on continuous basis January 2006 to January 2008 CARDS 2003 Support to Implementation of the Civil Service Reform Programme new Law on General Administrative Procedures January 206 – January 2008 CARDS 2003 Capacity Strengthening for Administrative Decentralization Technical assistance to the various expert groups established under Decentralization commission (e.g. health, education, social welfare, environmental protection); training strategy for local public servants November November 2010 PHARE 2006 Development of Institutional Capacity for the management of EU Structural Funds supported development of the administrative and institutional capacities for the successful management of Structural Funds upon accession January 2011 to June 2012 IPA 2007 Development of Regulatory Impact Assessment System (RIA) (twinning with UK and Estonia) Law on Regulatory Impact Assessment; capacity building of the Government Legislation Office January IPA 2007 Technical assistance for the Managing Authority of the Operational Programme “Administrative Capacity Development” (MA OP ACD); ensuring preparation of the Managing Authority to be able to fulfil the functions and responsibilities related to the programming and management of the OP ongoing IPA 2009 Twinning for the Managing Authority of the Operational Programme “Administrative Capacity Development” (MA OP ACD) Follow up IPA 2008 Enhancement of capacity for effective management of EU Cohesion policy funds IPA 2008 Support to the Management, Monitoring and Evaluation of the Structural Instruments in Croatia IPA 2008 Ex-ante evaluation of programming documents and strengthening evaluation capacity for EU funds post-accession IPA 2008 Support to the Implementation of the General Administrative Procedures Act support the implementation of the 2009 General Administrative Procedures Act (GAPA); simplification, large scale training scheme, public awareness and communications activities

16 MULTILATERAL PROJECTS December 2004 to June 2005 Technical Assistance Loan II – World Bank project Test methodology for functional review – specific recommendations for improvement of internal organizational structures and work processes in state administration 2006 – 2008 HITRORez (Regulatory guillotine) (Government of Croatia, USAID, UNDP, FIAS, Croatian Chamber of Economy, Croatian Chamber of Crafts, Croatian Employers Associations) Administrative simplification project, as a part of regulatory reform ContinuouslySIGMA supportPAR strategy development, Civil Service HRD strategy, comparative studies on best assessment practice in the EU member states (e.g. salaries of civil servants)

17 BILATERAL PROJECTS April 2005 to November UK Foreign and Commonwealth Office: “Support to Public Administration Reform” develop the capacity of the CSOA to lead and to support the PAR: preparation of guidelines for job classification system, defining and adapting contents of secondary legislation and regulations to ensure the new Law on Civil Service is enacted and harmonized with EU standards December 2007 to December 2008 Swedish International Development Agency (SIDA) and International Bank for Reconstruction and Development (IBRD): Functional Review of Ten Central State Administration Bodies and their Supporting Agencies and in Five Selected Counties’ State Offices for Administration project resulted with the set of recommendations for reorganisation of state administration bodies, and proposals of general principles for organisation of state administration bodies January June 2008 Denmark’s Pre-Accession Assistance to Croatia Public Sector Capacity Development (I) support the Civil Service Training Centre, development of training curricula October October 2010 Denmark’s Pre-Accession Assistance to Croatia Strengthening the Capacity of Public Administration (II) supported the work of the Civil Servants Training Centre, the development oftraining curricula and methodology and an overall strengthening of the state administration human resources capacities Ongoing MATRA flex Netherlands Support to the Introduction of Electronic Data Exchange Between Key Registers where the beneficiary is Ministry of Public Administration ongoing MATRA flex Netherland s and Ministry of Public Administration 'Capacity Building of the Agency for personal data protection in the field of access to information' and 'Capacity Building for the School of Public Administration and assistance in EU training programme development’

18 STRUCTURE OF THE GOVERNMENT (PUBLIC ADMINISTRATION) EU administrative units in ministries and other organisations in charge for EU related affairs Special units in ministries and other organisations for specific purposes (EU funds, EU projects, special issues) Agencification – creation of numerous independent agencies as a consequence of EU acquis adoption ◦ Regulatory agencies – electronic communication, competition, financial sector, energy, medicines ◦ Executive agencies – agriculture, structural funds, environment, health, education, etc. ◦ Regional development agencies ◦ The problem of coordination and control

19 ADMINISTRATIVE LAW AND ADMINISTRATIVE JUSTICE the new Law on administrative procedure, in force from 2009 – citizen oriented, simplified procedures, higher standards of protection, protection of users of public services (e.g. telecom, energy services providers) Still more than 60 special administrative procedures – have to be abolished administrative judiciary – two tiers court system introduced in 2012 (Law on administrative disputes 2010), procedure modernized training of civil servants regarding the implementation of the Law

20 CIVIL SERVICE AND HUMAN RESOURCES MANAGEMENT Law on Civil Service in force from 2006 – European standards included (centralized recruitment, merit principle), but some issues still not regulated (e.g. salaries system, advancement) Still strong politicisation at the top of the state administration Civil servants training system – State School for Public Administration 2010 Public servants register (civil servants, public servants) established in 2011 – for the purpose of HRM and budgeting

21 REGULATORY REFORM and POLICY MAKING Three stages in the regulatory reform ◦ Administrative simplification (partially successful) ◦ Public consultation Code ◦ Regulatory impact assessment (Law 2011; in force from 1 January 2013) Strengthening the Centre of government – partially tackled

22 REGIONAL POLICY Territorial government in Croatia consists of three levels – state, 20 regions, 555 local units (cities and municipalities) Statistical units introduced (three NUTS II regions; two regions from 2013) Financial support – EU funds (Cards ; Phare, ISPA, SAPARD ; IPA ) Currently, six authorities engaged in coordination of EU funds, one agency for administration of funds, and numerous sectoral bodies and agencies for implementation

23 ANTICORRUPTION POLICY One of the key policies monitored by the EC / Council of Europe support Complex coordinating structure developed Important role of civil society Adoption of legislation and capacity building in the area of 1. Conflict of interest (for public officials -politicians) 2. Ethics and integrity (for civil servants, judges, public servants, such as doctors, university teachers) 3. Access to information 4. Financing of political parties 5. Whistleblowers protection 6. Governance of public enterprises

24 THE EXTENT OF EUROPEANISATION AND MISSED OPPORTUNITIES Shallow Europeanization? The Ministry established and the Strategy of reform adopted too late? Local governments and domestic expert advice often neglected Civil society very active (anticorruption policy, human rights, local governance, sectoral policies, especially environment) Public services – sectoral reforms of big systems slow and moderate (health, education, etc.) Conservative forces (trade unions, local governments) and populist politics impeded the reform, reluctant to take the burden; values change slowly 2012 European Commission report underlines tasks that have to be accomplished by the date of accession (judiciary and anticorruption, public administration reform, among others)

25 IS IT POSSIBLE TO LEARN FROM THE EXPERIENCE OF CROATIA (AS A MODERATELY SUCCESFUL POST-COMMUNIST ACCEEDING COUNTRY)? Big differences – political and administrative culture, membership of European associations, democracy level, economic development But some similarities – young states, small countries on the European periphery, natural resources, time of accession, financial and economic crisis, globalization forces Possible directions Develop effective strategy of public administration reform and good action plan for its implementation and monitoring Develop human resources management and training in the civil service Strengthen the usage of expert advice and the role of civil society Include local governments in the process Inform citizens on the EU accession process & develop communication strategy on time Seek bilateral and multilateral assistance for projects

26 Thank you for your attention! Contact:


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