1. 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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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)