a 12month action plan scheduled for completion for June 2002

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Strategies, tools and capacities for
administrative simplification Cairo, 20-21 June
2007
Prepared by André J. Amiouni
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SIMPLIFICATION
A Definition
We can define Simplification as the option which
allows the Public Administration to reform its
regulatory environment through a sequential
process of regulatory review by means of
deregulation and re-regulation.
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Simplification What it should not be

• Simplification is supposed not to be
• pure and simple deregulation
• isolated and ad hoc action without concern for
  aggregate effects
• a reform initiative disconnected from a process
  of global Regulation

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SIMPLIFICATION What it should be

• a process of updating and reviewing existing
  regulation with an eye to improving effectiveness
  of administrative structures and regulations
• recourse to alternative remedies ( normative and
  non normative),
• flexible management with concern to optimal
  allocation and use of existing resources
  according to realistic assessment of needs and
  costs for all (service users and providers)
• simple, clear and accessible normative texts,
• reduction of number of rules and formalities
  with n eye to the real scope of regulations
• closer interdependence with Government policy
  orientations and sectoral scopes and priorities.

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SIMPLIFICATION Why should it be undertaken ?

• To improve economic performance
• To improve effectiveness and efficiency
• To enhance democratic values such as openness,
  self reliance, public participation and
  responsiveness
• To reduce the chances of corruption within the
  P.A. Generated by uncertainty on the applicable
  rules and procedures

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12-month action plan scheduled for completion for
June 2002

• Review and simplification of a number of
  procedures
• A package of 22 procedures (9 for Public Health
  and 13 for Urban Planning)
• Capacity building of OMSAR staff, in view of long
  term simplification
• A team of 5 full time and 3 part time OMSAR staff
• The Support structure for the implementation of
  the action plan
• Interdepartmental Task Force for Simplification
  and Better Regulation

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Policy formulation for Simplification,
De-regulation and De-bureaucratisation

• Preparation of a Policy Declaration Setting
  policy guidelines specifically indicating the
  Government line of action on Simplification
• Preparation of a normative text Setting a legal
  framework regulating simplification activities
  
• Preparation of a manual of Administrative
  Procedures
  
  
  
• Definition and Implementation of an Annual
  Programme for interdepartmental simplification
  and de-bureaucratisation

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Policy framework and Selection of Procedures

• search for new procedures to simplify so far
  looks like an haphazard exploration
• adoption of clearer rules and transparent formal
  policies
• establishment of policy and analysis units in
  each Ministry
• Consultation with citizen/clients consumer
  groups, civil society

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The interdepartmental approach to simplification
and de-bureaucratisation

• scanning of the relevant elements of a procedure
  in its wholeness
• looking for possible links with other related
  procedures
• working on three main areas
• analysis of the requirements (applications,
  certificates, supporting documents etc)
• analysis of the management of the procedure
  (steps, competencies and jurisdiction,
  distribution of tasks etc..)
• analysis of the quality of rules governing a
  given procedure in order to verify the clarity,
  accessibility of rules, eventual normative gaps
  or overlaps

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The interdepartmental approach to simplification
and de-bureaucratisation (cont.)

• Collect and study regulations and documentation
  concerning the selected procedures
• Evaluate related or subsidiary procedures
  concerning other branches of public management
• identify and evaluate the remedies and
  definitions of specific measures and alternative
  solutions
• develop recommendations for the Simplification

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Variations on the Recommendations for
Simplification

• Recommendations include
• proposals for modifications of the existing
  regulations
• integration of old regulations with new ones
• interpretation of the existing legislation in
  function of the correct application of procedures
• interpretation of the existing practice and rules
  governing the execution of the procedures
• Redistribution of the responsibilities or the
  devolution of tasks and functions
• Integration of the normative texts in
  consolidated regulations

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The Simplification of Procedures and the
Achievements

• A total of 23 formalities (10 for the MoPH and
  13 for the GD for Urban Planning)
• Urban Planning Permits Construction Occupation
  Renovation Additions Renewal Land
  certification land readjustment Lien Hold
  construction for displaced Reversal of
  expropriation decisions, Construction and
  exploitation of classified institutions and
  farms construction of over 40 sq meter facade

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The Simplification of Procedures and the
Achievements (cont.)

• Health Ministry Permits
• Pharmacist Medical Specialist Pharmacy
  Health Facility Registration And Pricing Of
  Pharmaceuticals Import Of New Medicaments
  Indemnity To Disabled Orphans Dialysis Patients

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The Simplification of Procedures and the Lessons
Learned

• The administrative environment and the
  constraints which contribute to procedural
  complexity and operational inefficiency
• An overall non-citizen-friendly and
  non-service-oriented combination of formalities
• Formalities primarily conceived to pursue fraud a
  priori rather than safeguard public interest
• Procedures involve different levels of the Public
  Administration without assigning to any one the
  task to take final decision
• Subjective interpretation of the existing
  regulations resulting in the unjustified
  duplication of controls

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The Simplification of Procedures and the Lessons
Learned (cont.1)

• The administrative environment and the
  constraints which contribute to procedural
  complexity and operational inefficiency
• Inadequate interaction among branches and levels
  of the administration
• Red tape sustained by a volume of documents more
  often with little justification
• Inadequate separation between the functions of
  documentation/ permit processing and
  communication between the staff
• Formalities that seem to progress along a
  tortuous path with recurrent return of the
  documentation to the starting registration point

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The Simplification of Procedures and the Lessons
Learned (cont.2)

• The administrative environment and the
  constraints which contribute to procedural
  complexity and operational inefficiency
• files processing conducted in sequential manner
  (the subsequent step can only start upon
  completion of the previous one)
• Controls focus on the verification of documents
  with no direct inspection of the situations that
  those documents certify
• Phased and split issuing of permits (i.e. advance
  permits, temporary and permanent permits etc..)

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The Simplification of Procedures and the Lessons
Learned (cont.3)

• The administrative environment and the
  constraints which contribute to procedural
  complexity and operational inefficiency
• frequent contradictions within the same office
  about the applicable rules in specific procedures
• presence of regulatory vacuum for which
  regulatory action is particularly needed
• asynchrony between the work of OMSAR team and the
  regulatory activities of certain ministries

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Bullet Points For Action To Enhance The
Effectiveness Of Simplification

• Adopt a formal policy on simplification and
  better regulation
• Adopt clear and transparent rules on
  simplification and better regulation
• Define a global long term strategy for the
  institutional reform and modernisation of the
  Public Administration with attention to
  simplification and better regulation
• Establish Policy units in each ministry with
  tasks in simplification and better regulation
  (Regulatory Impact Analysis)

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Bullet Points For Action To Enhance The
Effectiveness Of Simplification (cont.2)

• Codify principles and standards in support of
  administrative modernisation and simplification
  through the adoption of a code of administrative
  procedures
• Define appropriate instruments for obtaining the
  commitment to implement simplification and
  ensuring its automatic application
• Develop annual plans of simplification on the
  basis of a consensual acceptance from the
  political and administrative institutions of
  Lebanon
• For assistance in the implementation of the
  proposals already made, new human resources need
  to be added with clear allocation of tasks and
  time to staff
• Control over the timely circulation and
  distribution of reports to be closely monitored