This document discusses SIGMA's support for Kosovo's efforts to modernize its administrative procedure system through drafting a new General Administrative Procedures Law (LGAP). It notes that SIGMA is supporting this to align Kosovo with the EU's principles of good administration and to prepare for potential EU membership. It describes the LGAP drafting process, including assessing the current law, developing a policy document, and drafting the complete law. It outlines the working group involved and next steps, which include consultations, finalizing the draft, an extended implementation period through training and legal reforms, and preparing supporting materials like a manual.

1. 02/03/2015
1
© OECD
AjointinitiativeoftheOECDandtheEuropeanUnion,
principallyfinancedbytheEU
Draft Law on General Administrative Procedures
Zhani Shapo, SIGMA Expert
Kosovo*, February 2015
*This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of
independence.
AjointinitiativeoftheOECDandtheEuropeanUnion,
principallyfinancedbytheEU
Introduction
• Why does SIGMA support efforts for the
modernization of the administrative procedure
system?
• LGAP drafting process
1
AjointinitiativeoftheOECDandtheEuropeanUnion,
principallyfinancedbytheEU
I. Why does SIGMA support efforts for the
modernization of the administrative procedure
system?
1. Article 41 of the EU Charter on Fundamental Rights: Right
to Good Administration.
2. Good Administration introduces multiple advantages, it:
 emphasizes democratic governance, efficiency and political
stability;
 encourages economic development
 prepares to become and being a EU Member State;
2
AjointinitiativeoftheOECDandtheEuropeanUnion,
principallyfinancedbytheEU
Why does SIGMA support efforts for the
modernization of the administrative procedure
system?
3. Implementation of Good Administration requires:
 a system of administrative procedures that regulates
administrative decision making;
 clear organisation of public administration and its bodies;
 professional, competent and independent civil service;
 effective system of judicial control over administrative
activities;
3

2. 02/03/2015
2
AjointinitiativeoftheOECDandtheEuropeanUnion,
principallyfinancedbytheEU
Why does SIGMA support efforts for the
modernization of the administrative procedure
system?
• Strengthened approach in Public Administration reforms
as part of the enlargement process (Commissioner Hahn,
Conference of Ministers for Public Administration, November
2014);
• Public Administration Reform already is part of the
European Commission’s “fundamental first” along with
ownership over the law and cost-effective governance;
• One of six fundamental areas of PAR: Accountability and
Service Delivery (Enlargement Strategy 2014-2015)
4
AjointinitiativeoftheOECDandtheEuropeanUnion,
principallyfinancedbytheEU
II. LGAP drafting process
• Assessment of the current law;
• Drafting of a policy document for the reform of the
administrative procedure system;
• Development of a complete draft.
5
AjointinitiativeoftheOECDandtheEuropeanUnion,
principallyfinancedbytheEU
Working group
• Ministry of Public Administration (MPA° working group
with representatives from MPA Legal Department, Legal
Office of the Office of the Prime Minister (OPM) and
external experts (UNDP & GIZ).
• Supported by SIGMA experts: Xavier Sisternas, Zhani
Shapo, Wolfgang Rusch, Joao Freire, Jan Scorbotz.
6
AjointinitiativeoftheOECDandtheEuropeanUnion,
principallyfinancedbytheEU
Next process in the development of D-LGAP
• Workshops and consultations with expert groups on
particular institutes;
• Consultations with “users”..
 servants – five regional meetings;
 judges;
 lawyers;
• General consultations
• Finalisation of the draft law
7

3. 02/03/2015
3
AjointinitiativeoftheOECDandtheEuropeanUnion,
principallyfinancedbytheEU
Next process for LGAP implementation
• Long transitional period;
• Awareness/outreach campaign;
• Preparation of a Manual/Commentary;
• Extended training with users;
• Review of related legislation (law on administrative
disputes; sectorial legislation, etc.).
8
AjointinitiativeoftheOECDandtheEuropeanUnion,
principallyfinancedbytheEU
Thank you
9