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Efficiency and Simplification of Administrative Procedures and Justice in the Western Balkans Zagreb, 29-30 January 2014

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Title: Efficiency and Simplification of Administrative Procedures and Justice in the Western Balkans Zagreb, 29-30 January 2014


1
Efficiency and Simplification of Administrative
Procedures and Justice in the Western Balkans
Zagreb, 29-30 January 2014
  • Administrative Efficiency and Simplification of
    Administrative Procedures
  • Professor Dr. Ivan Kopric

2
Administrative efficiency
  • Why is it important?
  • It is a leading value of administrative
    technology procedures legality efficiency
  • One of the main issues in PA doctrine, literature
    and practice for centuries
  • Cameralism Polizei, Handlung, und
    Finanzwissenschaft support to economic
    development
  • Taylorism from individual organisational
    efficiency to national efficiency
  • classic organisation theory organisational
    principles for better efficiency
  • NPM 3Es, result orientation, quality of public
    services
  • Good governance democratic and efficient
    administration
  • Economic crises and other key occasions can
    trigger pressures for efficiency It contributes
    to national efficency and competitiveness
  • Inclusion into the European Administrative Space
    asks for efficient and reliable administrative
    performance

3
Administrative efficiency
  • What does it mean?
  • It can be defined at the individual,
    organisational, and system (whole PA, or GAPA)
    level
  • Ratio of output to input. Output results
    inputs time, costs, efforts, etc. Productivity.
    Doing things (procedures) right, in appropriate
    manner employing appropriate work techniques.
  • Similar concepts
  • economy (reducing cost to produce the same
    results savings)
  • effectiveness (assessment of relevant
    environment doing the right things, producing
    valuable and necessary outcomes, i.e. results
    that address the needs of society Is the current
    concept of administrative procedures right for
    achieving important societal results?)
  • GAPA efficiency reducing complexity, duration,
    formalism and burdens to citizens, businesses,
    civil organisations, and others while still
    retaining legal functioning of the state

4
Administrative efficiency
  • How can it be measured?
  • In principle, it is measurable it is a
    quantitative concept
  • Hardships in measuring the efficiency of
    administrative procedures
  • Adm. procedures are per definitionem
    process-oriented, not result-oriented
  • Procedures are conditional (not purposeful) work
    programmes, i.e. they have to stick with legally
    prescribed and standardised work steps
  • There is a space for blame-shifting (parties,
    competent bodies of first and second instance,
    administrative and/or other courts)
  • Results are easily observable and identifiable
    time duration, satisfaction of a party to the
    procedure, administrative burden, legality of
    first instance decision, etc.

5
Administrative efficiency
  • How can it be imposed?
  • Depends on the level (individual, organisational,
    system) various instruments and techniques
    (strategic planning, performance management,
    contractual relations between ministries and
    agencies/providers, etc.)
  • Administrative procedures and efficiency
  • a) Old approach regulation of economy and
    efficiency as the legal principles of
    administrative procedures (Arts. 6 and 13, resp.,
    old Yugoslav GAPA)
  • b) New approach
  • improvements in technology and structure of
    Public Administration as well as in legal
    regulation of the GAPA which ensure better
    results with smaller input
  • systemic character of the new approach means that
    all improvements have been taken into account in
    a holistic and interdependent manner
  • Improvements have been identified in an analitic
    and scientific manner

6
New approach to efficiency of APs
  • Administrative technology (three main components)
  • Material resources IT revolution that enables
    e-governance
  • Work techniques serial interdependence the
    next procedural step should follow the previous
    one and completing the previous step is a
    precondition for going further streamlining,
    speeding up and simplifying procedural variations
    and steps (reducing the number of special
    procedures, case management, etc.)
  • Knowledge information sharing, training and
    education (civil servants, judges) public
    relations
  • Structural and cultural innovations
  • One-stop-shop (point of single contact)
  • Dividing front office from back office
  • Decentralisation of decision-making
  • Building result-oriented organisational culture
  • New legal institutes and innovative regulation of
    traditional ones
  • e-communication, shortened deadlines, simplified
    mail communication, reducing possibilities for
    ping-pong effect, positive fiction, etc.

7
Legal situation and instruments for fostering PA
efficiency
  • European Convention for the Protection of Human
    Rights and Fundamental Freedoms (CoE, esp. Art.
    6)
  • ECHR treats duration of administrative procedures
    as a part of duration of the whole procedure that
    needs to be compared with the standard of
    deciding within reasonable time frame (the right
    to have his/her affairs handled ... within a
    reasonable time Art. 41/1. EU Charter of
    Fundamental Rights)
  • Necessity to establish two-level administrative
    justice system with oral hearings opens space for
    reducing formalities within administrative
    procedures, even probably in long term for
    reducing administrative procedures to
    single-level decision-making processes
  • There is no need for administrative procedures to
    be designed as a court-like procedural system
    APs have to be quick, fair and legal
    problem-solving processes in individual life
    situations
  • ECHR creates pressure towards simplification and
    speeding up of administrative procedures it is
    up to national states to design and to regulate
    as effficient administrative procedures as they
    can

8
Legal situation and instruments for fostering PA
efficiency
  • Directive 1999/93/EC on a Community framework for
    electronic signatures
  • In principle, it opens space for the usage of
    electronic data, electronic documents, and
    electronic signatures
  • National states are rather autonomous to decide
    in which areas and cases electronic means can be
    used but then, they ought to be used in a
    non-discriminatory manner in comparison to
    ordinary paper means and handwritten signatures
  • When electronic communication is enabled by the
    national legislation, electronic signatures have
    to be recognized as evidence in legal proceedings
  • Electronic signatures have to be recognized as
    equally valid to handwritten signatures and can
    be asked only there where, in the same cases,
    handwritten signature is necessary to render
    legal effects
  • The Directive was aimed at removing barriers to
    the use of electronic signatures and electronic
    communication in e-commerce and e-gov.

9
Legal situation and instruments for fostering PA
efficiency
  • Proposal of the Regulation on Electronic
    Identification and Trust Services for Electronic
    Transactions in the Internal Market (COM, 2012,
    238/2, by European Commission)
  • To replace Signature Directive, which has not
    found effective implementation
  • EC considers trust as a critical issue of
    electronic means usage and a key to economic
    development
  • EC wishes to enable cross-border interoperability
    and recognition of identification means that are
    notified to the EC
  • Regulation equalls electronic document with paper
    document
  • It is expected that legislative proposal will be
    adopted in 2014
  • If adopted, it may have a much stronger effect on
    administrative and other proceedings in which the
    Member States would need to accept electronic
    documents, signatures and communication as
    equally valid to the paper ones

10
Legal situation and instruments for fostering PA
efficiency
  • The Directive 2006/123/EC on Services in the
    Internal Market
  • Aims at reducing barriers to development of
    services between the Member States, especially
    administrative burdens (authorisations,
    procedures, etc.) established by national
    governments that can strike particularly small
    and medium-size businesses (focus on
    business-to-government, not on citizens-to-governm
    ent relations)
  • It identifies red tape that includes
    unnecessary or excessively complex and
    burdensome procedures, duplication of
    procedures, excessively long periods before a
    response is given, etc.
  • A need to ensure the business-friendly solutions
    within public administration for service
    providers
  • It asks for administrative simplification,
    meaning (among other measures)
  • Principle of tacit authorisation after the lapse
    of a certain time
  • Points of single contact
  • Publishing all information about the competent
    authorities and administrative procedures
  • Electronic ways of completing procedures and
    formalities (communications and transactions)

11
Points of single contact
  • The points of single contact (PSCs) have been
    established in all the Member States and some
    others ec.europa.eu/internal_market/eu-go/index_e
    n.htm (28 Iceland, Liechtenstein, Norway)
  • They are e-government portals for entrepreneurs
    active in the service sector. It is a legal
    obligation to have a PSC in each EU Member State
    from December 2009. Tax and social security
    procedures have not been legally requested to be
    components of PSCs. Many of them are available in
    English and national languages. Certain countries
    have enabled more than one PSC Austria, for
    example, offers 9 regional PSCs Germany has
    additional 16 PSCs at the Länder level Czech
    Republic offers 15 PSC in large municipalities,
    etc.
  • National PSCs are part of the EUGO network

12
Points of single contact
  • One-stop-shop offers various services in one
    place (saves time, effort, money, etc.) from the
    US business practice also for certain other
    groups of people (youth) or services (rail tax
    custom)
  • Used by many local authorities in the UK
    Australian Centrelink, etc.
  • Purposes informational, intermediary, security,
    savings, speeding up, be more user-friendly
  • Three main groups of services need to be offered
    by the PSCs under the Service Directive
  • Providing information and assistance necessary to
    access and to exercise service activities
  • Receiving and forwarding applications, requests,
    and documents to the competent bodies
  • Notifying and delivering information, documents,
    and administrative acts to the applicants

13
Points of single contact
  • SPOCS is the project of building the next
    generation PSCs (www.eu-spocs.eu) Simple
    Procedures Online for Cross-Border Services
  • The project encompassed 7 Member States (13
    partners in sum) in the first phase (after May
    2009). Additional 9 countries with total of 16
    new partners accessed later. Three year project
    (till 2012).
  • In Croatia, PSC can be reached through psc.hgk.hr
  • Problems with PSCs
  • Some of them do not offer a possibility to
    complete formalities electronically and from
    distance
  • User-friendliness is not very high (complicated,
    not easy to find precise information, weak back
    offices, etc.)
  • Foreign languages only some of them allow
    completion of procedures in a foreign language
  • Weak transposition at the regional and local
    levels
  • Weak or no awareness-raising campaigns

14
Points of single contact
  • Hungary is an interesting example (inspired by
    the Singapore Citizens Center, as one of the
    earliest examples?)
  • During recent reforms separation of front office
    and back office functions has been implemented.
    Back office functions have undergone electronic
    restructuring.
  • The whole system of physical PSCs started to
    function from January 2011 Government Windows
    (300 in Autumn 2013).
  • Government Windows have to make easier for the
    citizens to personally administer their affairs.
  • Supported by the national electronic solutions.
  • In that regard, Hungary amended its Act on the
    General Rules of Administrative Procedures
    (effective from April 2012)
  • The Ministry of Public Administration and Justice
    is responsible for legal framework, while the
    Central Office for Administrative and Electronic
    Public Services maintains the national
    registries, issues official documents, provides
    data, operates the governmental web portal and
    official web pages, etc.
  • The Client Gate is the official central
    electronic administration web portal of the
    country.

15
Points of single contact
  • The Client Gate
  • Citizens can open their account at any office of
    the National Tax and Customs Administration, at
    any e-administration front office, and online if
    they possess a qualified digital signature
  • It can be used for administration and
    communication with the authorities
  • About 80 different types of procedures can be
    instigated through CG, 8 of them fully online.
  • More than a million of users who logged on 250
    million times in the last 3 years
  • More than 2,000 forms are available for download
  • Other e-government solutions
  • E-Statement for businesses to upload annual
    statement of financial position
  • E-Company Registry
  • E-Justice for claim procedure, e-judicial file,
    e-delivery of judicial documents and files, etc.

16
E-Government
  • A system of technological and structural
    solutions for administering relations of
    citizens, businesses and other social subjects to
    the governments and among governmental
    institutions in electronic way
  • G2C G2B G2G IEE (internal efficiency and
    effectiveness)
  • Levels
  • Information about public services is provided
    online
  • One-way interaction with possibility of
    downloading printed forms
  • Two-way interaction when forms are processed
    electronically
  • Transaction cases are handled electronically,
    including issuing decisions, their delivery,
    payments, etc.
  • Electronic services are more developed when
    offered to businesses, than when offered to
    citizens
  • E-government e-governance e-democracy
    (e-partic.)

17
UN e-government development index 2012
  • Rankings reflect an assessment of which countries
    are undertaking their e-government development
    with a view to integrated, user-centric public
    service delivery
  • Slovenia
  • Croatia
  • Serbia
  • Montenegro
  • Macedonia
  • Bosnia and Herzegovina
  • Albania
  • Online service index telecommunication index
    human capital index
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