EU ACCESSION CRITERIA AS SET UP BY THE COUNCIL OF THE EU Copenhagen 93: Institutions guaranteeing democracy and rule of law Madrid 95: Transposition of EC legislation and internal administrative and judicial structures to effectively implement EU Law Luxembourg 97: Operational capacity of institutions need to be strengthened Helsinki 99: Candidates must share the values and objectives of the EU as set out in the treaties

The European Administrative Space (EAS) The EAS is a metaphor based on the fact that there are a number of administrative law principles created by EU Member States and endorsed with a EU-wide enforceability mainly by virtue of the jurisprudence of the European Court of Justice They serve as yardsticks to assess the ability of administrative systems to converge

ADMINISTRATIVE LAW PRINCIPLES Rule of law: legal certainty of administrative actions and decisions. Legality as opposing arbitrariness. Respect of legitimate expectations Openness/Transparency: aimed at ensuring sound scrutiny of administrative processes and outcome and their consistency with pre-established rules Accountability: of p.a. to other administrative, legislative or judicial authorities. Aimed at ensuring compliance with the rule of law Efficiency in the use of public resources and effectiveness in accomplishing the policy goals established in legislation and in enforcing legislation

Consequences of the EAS There is an acquis communautaire made up of administrative law principles that shape standards of good governance in EU Member States Transposing and upholding these standards forms part of EU accession requirements for candidate countries Legislation and administrative practices should embody all these principles and to take into account the prominent position of the rule of law These principles are the pillars upon which the legitimacy of public bodies is founded in democratic societies

Crucial elements to assess preparedness [priority reform areas] Vigour of the principle of legality Legal arrangements for accountability and to protect impartiality and integrity of civil servants (i.e. civil service professionalism) Administrative procedures ensure predictability and facilitate judicial review Legal arrangements are transparent for the management and control over the use of public funds Overall strength of administrative and judiciary systems to apply and enforce all this Consistency of policy-making and policy implementation mechanisms

HOW IS THE SITUATION NOW? Overview of Assessments’ Results CS still in transition. Legal bases still incomplete Recruitment and promotion not merit driven Salary schemes and pay determination create risks of abuse/arbitrariness. Salaries are very low. PRP introduced into an unprepared managerial culture Moves to introduce Senior Civil Service have put progress at risk Non-pay motivational schemes underdeveloped Training still too dependent on foreign donors Barriers against corruption still weak Fragmented management schemes Legal certainty compromised (poor quality of administrative legislation) Administrative justice underdeveloped

EC Progress Reports & Comprehensive Monitoring Reports Take stock from the assessments Have been decisive to spur reforms in candidate countries Have helped candidates to focus / prioritise their reform efforts Will continue beyond May 2004 (Transition Monitoring Facility)