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PPT, M Lemke, SIGMA, Third ENP East public procurement conference, Tbilisi, 6 November 2019


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PPT, M Lemke, SIGMA, Third ENP East public procurement conference, Tbilisi, 6 November 2019

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PPT, M Lemke, SIGMA, Third ENP East public procurement conference, Tbilisi, 6 November 2019

  1. 1. © OECD The Principles of Public Administration: A framework for ENP Countries Marian Lemke SIGMA Tbilisi, 7 November 2019
  2. 2. Aim and focus of Principles • SIGMA has worked with EU accession countries for almost 25 years, including CEE countries which are now EU member states contributing valuable reform experience • Derived from EU and OECD requirements, international standards and good practice in EU/OECD countries, the Principles provide a guide for countries in their reform processes and an analytical framework for benchmarking of performance • The Principles comprise only key requirements for horizontal aspects of good governance
  3. 3. Cross-sectoral framework The Principles apply to everything that government does. They: • Apply to all sectors and policies (health, education, security, employment…) • Describe what is needed to implement policies • Provide the building blocks for good public administration 2
  4. 4. 3
  5. 5. Structure of the Principles I. Six core areas: • Key requirements • Principles • Subprinciples II. Methodological Annex: • Quantitative indicators • Qualitative indicators • Information sources 4
  6. 6. Six core areas of a comprehensive framework 5 Policy development and co-ordination Public service and human resource management Accountability Service delivery Public financial management Strategic framework of public administration reform
  7. 7. Areas of Principles for public administration reform (1) 1. Strategic framework for public administration reform — this includes the political commitment to the reform process, including political leadership and technical coordination and monitoring of implementation. 2. Policy development and coordination — this includes appropriate coordination at the centre of government, inter-ministerial coordination, policy development and financial analysis. 3. Public service and human resources management — this includes organisation and functioning of the public service, including depoliticisation, merit-based recruitment and promotion, training and professionalisation. 6
  8. 8. Areas of Principles for public administration reform (2) 4. Accountability — this includes transparency of administration, including access to information and possibility of administrative and legal redress. 5. Service delivery — this includes improving services for citizens and business, including better administrative procedures and e- government services. 6. Public financial management (PFM) — this includes a more comprehensive approach to improving the overall budgetary process and the management of public finances, including public procurement. 7
  9. 9. Purpose of the Methodological Annex to the Principles • Without knowing the starting point it is hard to decide what needs to be changed • Without analysing progress over time it is impossible to say what has been achieved • Therefore, the purpose is to provide a methodological tool which allows countries to evaluate their current state of affairs and progress over time 8
  10. 10. What the Methodological Annex includes • A list of indicators that can be used to support analysis and monitoring:  All indicators include descriptions that guide their application  There are both qualitative and quantitative indicators • An overview of potential sources of information • A methodological guide for analysis 9
  11. 11. Public procurement Key Requirements (1) Public procurement is regulated by duly enforced policies and procedures that reflect the principles of Treaty on the functioning of the European Union and the European Union acquis and are supported by suitably competent and adequately resourced institutions. (2) In case of alleged breaches of procurement rules, aggrieved parties have access to justice through an independent, transparent, effective and efficient remedies. (3) Contracting authorities are adequately staffed and resourced and carry out their work in accordance with applicable regulations and recognised good practice, interacting with a supply market that is open and competitive. 10
  12. 12. The remedies system The remedies system is aligned with applicable agreements and international regulations and with internationally recognised good practice of independence, probity and transparency and provides for rapid and competent handling of complaints and sanctions: The indicator measures the effectiveness of the system: • Legislative and regulatory framework • Institutional set-up • Actual performance • Remedies for PPP/concessions 11
  13. 13. Legislative framework • Right to challenge procurement decisions • Time limit for challenging the decisions of CA • Available remedies • Enforcement mechanism to ensure implementation of PRB’s decisions • Right to challenge the decisions of the PRB to judicial level 12
  14. 14. Institutional set-up • Transparent, objective selection/appointment procedures • Legal guarantees ensuring independence • Procedures for conflict of interest situations • Detailed procedural rules ensuring quality and integrity of decisions • Case-management to ensure consistency 13
  15. 15. Transparency • Transparency of the process (hearings) • Information about formal requirements • All (pending) cases published without delay • All decisions available (browse/search) • Detailed statistical reports published regularly 14
  16. 16. Actual performance • Fairness of fees • Actual processing time • Complaint submission (e-submission) • Cases changed after verification by the court 15
  17. 17. Quality of decisions • Decisions are based on applicable laws and reflect the principles of transparency, competition and equal treatment • Decisions do not focus on formal errors and omissions • Decisions include resolution with clear reference to legal provisions • Decisions include a clear rationale 16
  18. 18. Remedies for PPP/concessions • Right to challenge decisions in PPP/concessions procedures • Independence of the review body for PPP • Timeliness and effectiveness of the review system for PPPs 17
  19. 19. Use of Principles so Design and implementation of reforms: • Guidance for PAR and PFM strategies • Benchmark for individual reform projects • Guidelines for strengthening legal frameworks (e.g. civil service laws) Evaluation of current state and progress over time: • Baseline measurement and assessments Dialogue with EU, e.g. • Formulation of sector budget support indicators 18
  20. 20. Successful use of the PAR Principles so far • Baseline measurement and regular monitoring of Western Balkan countries (2015-2019) • Baseline measurement (assessment) of public administration of Moldova (2015), Ukraine (2018) and Armenia (2019) • Assessment of service delivery in Jordan (2018) and Morocco (2019) • Assessment of policy development and co-ordination in Georgia (2018) 19
  21. 21. Examples: IPA Monitoring Reports 20
  22. 22. 21
  23. 23. Use of the Principles and European Neighbourhood Policy The Principles can facilitate dialogue with the EU and other donors, helping you to: • Steer dialogue on public administration reforms • Define indicators for sector budget support • Inform discussions on sectoral programmes • Mainstream public sector-related projects 22
  24. 24. Thank you for your attention! More information can be found at: 23