What is Public Administration Reform? The resource for achieving more efficient, more effective and more accountable state administration The resource of continued and sustainable socio-economic development The precondition of integration of BiH in the EU

Why Public Administration Reform? Because of professional attitude of civil servants towards citizens...quality services of the state administration and simple administrative procedures...economic spending of the tax payers’ money...enabling of the public administration to implement the acquis communautaire

Strategic principles of Public Administration Reform Systematic and all comprising approach to the Reform Strong political determination Accountability of all the levels of government Consulting with the civil sector Measuring of the progress of the Reform

Phases of the implementation of the Reform First phase: end 2007 (reform of the horizontal structures) Second phase: end 2007 – end 2010 (establishment and strengthening of the horizontal, improvement of the sector functions) Third phase: beginning 2011 – end 2014 (raising standards of the public administration to the level of the European administrative space)

What the Reform comprises? Policy-making and coordination capacity Public finances Human resources Administrative procedure Institutional communication Information technologies

In the reformed public administration State administration is speedy, professional and efficient Civil servants are qualified Procedures are simple and verifiable E-government is functioning

European administrative standards are easy to adopt Law drafting are preceded by the analysis of the condition Regulations are harmonised on all the levels In the reformed public administration

PUBLIC ADMINISTRATION REFORM IN B&H PUBLIC ADMINISTRATION REFORM IN B&H POLICY MAKING AND COORDINATION CAPACITIES OBJECTIVE: Improvement of structure, capacities and manner of work of governments’ secretariats as coordinators of policy making systems, with an objective of strengthening the policy making systems on all the levels of government and improving coordination between different levels of government. STRENGTHENING OF CENTRAL CAPACITIES FOR POLICIES IMPROVEMENT OF ACCESS TO REGULATIONS IMPROVEMENT OF CAPACITIES IN MINISTRIES IMPROVEMENT OF VERIFICATION OF HARMONISATION WITH REGULATIONS IMPROVEMENT OF VERIFICATION OF HARMONISATION WITH REGULATIONS IMPROVEMENT OF LEGISLATION PROCESS

STRENGTHENING OF CENTRAL CAPACITIES (I) STRENGTHENING OF CENTRAL CAPACITIES (I) Strengthen the role and capacity of the BiH CoM General Secretariat and government secretariats on other levels so they could be able to: - coordinate the preparation of the government programmes and priorities, monitor its implementation - prepare the agenda of the government session; - Coordinate relations with parliament and with other levels of government - monitor the performance of ministries in meeting deadlines set in government decisions - review drafts and other submissions received from ministries, and return them for further work, if necessary. Form joint workgroup to discuss recommendations for strengthening of mandates, organisation structure and capacities of governments’ secretariats on all the levels of government. Draft proposals for provision of sufficient mandates to secretariats in accordance with new tasks and responsibilities. Perform necessary changes of the Rulebooks on internal organisation and systematisation of jobs and staffing matters. Government of F BiH Secretariat will improve its capacities for coordination with cantons. POLICY MAKING AND COORDINATION CAPACITIES

Ensure the proper operation of the central legislative offices – secretariats strengthening staffing arrangements at the BiH, RS and FBiH level. Amend the Rules of Procedure of governments at all levels to improve the process of establishing the annual work programme. Review needs and draft proposals for strengthening central policy making and coordination capacity in Brcko District. STRENGTHENING OF CENTRAL CAPACITIES (II) STRENGTHENING OF CENTRAL CAPACITIES (II) BD Government will strengthen a link between the responsible for policies and drafting and insure employment and training of suitable number of experts for regulation drafting. All cantonal governments will establish their Offices for Legislation and hire suitable number of experts to staff them. Review needs and formulate proposals for strengthening central capacity in F BiH cantons and conduct necessary changes in staff, procedures, organisation setting, etc. POLICY MAKING AND COORDINATION CAPACITIES

Strengthen organisation framework and HR capacities in respective institutions. Stimulate and regulate functioning of interinstitutional and intergovernmental workgroups. IMPROVEMENT OF CAPACITIES IN RESPECTIVE MINISTRIES (I) IMPROVEMENT OF CAPACITIES IN RESPECTIVE MINISTRIES (I) Provide a way of financing, recruitment and training of specialised staff. Draft detailed training programme for existing and new staff in charge of strategic planning, policy analysis and regulation drafting – including initial certification, specialisation and periodic professional improvement. Review procedures for preparation of proposals for government and bare in mind strengthening of procedures for: - harmonisation with strategic documents of CoM or governments - drafting annual work plan - consulting external interest groups - consultations on the level of ministries - approval of draft laws within ministry - monitoring, evaluation and reporting on results and shortcomings of policies. Insure that law drafting in all of BiH is based on common standards. POLICY MAKING AND COORDINATION CAPACITIES

Provide necessary resources for usage of external experts’ services. IMPROVEMENT OF CAPACITIES IN RESPECTIVE MINISTRIES (II) IMPROVEMENT OF CAPACITIES IN RESPECTIVE MINISTRIES (II) Draft rulebooks and other accessories to facilitate the staff’s performance of these specialised functions. Establish transparent criteria and rules for usage of external experts' services. Design software for support to legal regulations drafting. Starting from pilot project on state level, establish workflow management information system, enabling electronic exchange of materials. POLICY MAKING AND COORDINATION CAPACITIES

Improvement of verification of harmonisation of new and existing regulations with the aquis and establishment of formal arrangements for close cooperation with the Department for Legal harmonisation (DEI). Establish standard methods and criteria for verification of harmonisation with regulations. Improvement of verification of harmonisation with regulations (nomotechnics and style) IMPROVEMENT OF COMPLIANCE VERIFICATIONS (I) IMPROVEMENT OF COMPLIANCE VERIFICATIONS (I) Improvement of legal verifications, to ensure a full analysis of draft legislation from the perspective of its compliance with the present constitutional and legal system. Insure resources for adaptation and lecturing of primary and secondary legislation of the EU and agree exchange of translated texts with neighbouring countries. Design and provide training to responsible personnel within the administration at all levels in the generalities of the EU legal system. POLICY MAKING AND COORDINATION CAPACITIES

IMPROVEMENT OF COMPLIANCE VERIFICATIONS (II) IMPROVEMENT OF COMPLIANCE VERIFICATIONS (II) Procedure of governments at all levels will include an obligation for evaluation of the budgetary impact of regulations. Implement public consultations during the phase when the text is being drafted for obtaining the views of specific NGOs or interest groups. Introduction of comparative overviews (e.g. 3 EU countries), as part of the explanatory notes, which will be introduced in the respective Rules of Procedure of Governments at all levels. The work Rules of the authorities at all levels will have detailed commitments, based on which, the proposing party will distribute the draft regulation for comments in all other ministries and institutions, thus opening the possibility for them to comment. Consultancy group (Government Secretaries and of key ministries, heads of legislation departments and secretaries of parliaments from the levels of State, entities and BD) will meet in the phase of preparation of annual work plan of the BiH CoM for the area of legislation, as well as in the case of drafting key laws. The time, resources and efforts to be invested into impact assessment will be proportionally tailored to the magnitude of the problem being addressed by the policy and/or legal act. POLICY MAKING AND COORDINATION CAPACITIES

IMPROVEMENT OF ENACTMENT PROCESS (I) IMPROVEMENT OF ENACTMENT PROCESS (I) Include names of the staff working on the legal regulation draft in explanation of every regulation. Establish formal requirements so drafts proposed in parliament are subject to impact assessments, same or similar to those applied by government on initial draft law. Develop formal procedures ensuring that Parliament, during preparation of draft, is acquainted with limitations of government (e.g. financial and operational) Insure that legislation initiated by parliamentarians is subject to same quality requirements as acts originating from government and form departments for legislative affairs of parliament secretariats on all the levels. POLICY MAKING AND COORDINATION CAPACITIES

IMPROVEMENT OF ENACTMENT PROCESS (II) IMPROVEMENT OF ENACTMENT PROCESS (II) Establish formal procedures that ensure that amendments proposed by MPs to a government’s legislative proposal, do not infringe upon the respective provision (s) of the acquis with which the government’s legislative proposal is being harmonized. Due to three-lingual system of BiH legislation, the Parliamentary Assembly of BiH will prioritize the establishment of the Commission for Linguistic Policy that will be comprised of six distinguished linguistic experts, with equal number of members representing three constituent peoples. Amend the Rulebook on Internal Organization and Job Systematization of the Secretariat of the House of Peoples of the BiH Parliamentary Assembly, in order to provide for at least two additional posts in the Service of the House of Peoples specifically tasked with preparing regulations for publication. Parliaments on other levels to consider similar changes based on identified needs. POLICY MAKING AND COORDINATION CAPACITIES

IMPROVEMENT OF ACCESS TO REGULATIONS IMPROVEMENT OF ACCESS TO REGULATIONS Establish and maintain a comprehensive database of legislation accessible from one point and through an integrated Web portal. It is critically important that all levels of authority in BiH engage more proactively in the creation and publishing of consolidated texts of their regulations. Ensure full access to secondary legislation. Include English translations of legislation on PAR Coordinator’s website. Each ministry or institution with normative functions will envisage in its budget sufficient funds for the publication of collections of both primary and secondary legislation. The same texts will be made also available online. POLICY MAKING AND COORDINATION CAPACITIES