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Monitoring reforms in the EU accession process: A Western Balkan civil society contribution

By |2023-06-02T16:16:22+02:0002/06/ 2023|Publications|

In the context of the EU’s enlargement policy, the European Commission is the institution which should be in the driver’s seat, leading the development of the policy and proposing changes and improvements of the approach. Its annual reports analyse the state of play and progress across the fundamental reform areas as well as individual negotiating chapters for all candidates and potential candidates. As such, they are the primary source for evaluating these countries’ progress in the EU integration process. Moreover, they should serve as a reliable basis for the decisions by the EU Council to make or withhold advancement of individual aspirants towards membership, including opening of negotiation clusters and closing of individual negotiation chapters.

Yet, it is doubtful whether the Commission’s monitoring and assessment mechanisms are effective enough to allow it to act in the expected capacity. In practice, the Council has frequently disregarded or decided not to follow up on the Commission’s recommendations based on these reports. This is largely due to the fact that member states continue to demonstrate a notable level of mistrust when it comes to the Commission’s approach to reform monitoring and assessment. Such an inter-institutional rift in the EU sends inconsistent and even conflicting messages to (potential) candidates, thus undermining the credibility of the enlargement policy and discouraging domestic reform processes.

The 2020 Revised enlargement methodology (REM) was announced as a game-changer in terms of how assessment and monitoring are conducted, as the Commission took upon itself to increase the use of third-party indicators. Three years later, however, the Commission’s approach has remained largely unchanged. While clusterisation of chapters was introduced to simplify and streamline the negotiating process, most other elements of the REM have remained only ideas on paper, without proper operationalisation. As a result, countries in the region continue to stall with reforms on their path to the EU, prompting civil society organisations to actively and repeatedly call for more consistent and evidence-based monitoring and assessment, in order to render the annual reports more objective, accurate, impartial, verifiable, and comparable. It is, therefore, crucial to improve the Commission’s approach to tracking reforms and ensure greater credibility of its reports, especially in face of geopolitical turbulence in and surrounding Europe. This paper explores how the Commission’s approach can be improved, reviews several civil-society-led reform monitoring initiatives, and proposes a way forward with greater utilisation of their results as objective third party indicators in line with the REM.

Download the paper here.

From eGovernment to digital transformation: An overview of key challenges in Montenegro

By |2023-10-31T14:28:25+01:0025/05/ 2023|Publications|

Digital transformation of public administration and society in Montenegro is an objective proclaimed by a series
of strategic documents – primarily, the Public Administration Reform Strategy and the Digital Transformation
Strategy, which were both adopted in late 2021.2 Particular focus is placed on further digitalisation of public administration
services, which should be measured by indicators related to the number of digitalised services on
a single portal (e.g. 20 so-called life-event services like eStudent, eBirth, eEnrolment, eNGO registration, eProfessional
exam, etc. by 2026 compared to 0, which is the current baseline); the number of interconnected electronic
registers managed by institutions (e.g. 50 by 2026 compared to the current baseline of 8 connected registers);
as well as connecting all local administrations to a single system for electronic data exchange (Government Service
Bus – GSB). The Report on the Implementation of the Public Administration Reform for 2022 showed that no
progress was made in terms of the number of digitalised services on a single portal. This translates to citizens
of Montenegro still not being able to fully receive services from the public administration electronically, without visiting a counter.

The number of pairs of electronic registers connected through GSB has increased from eight
to twelve, although no more information is offered in relation to which pairs of registers are connected and how
they affect provision of specific services.
However, digitalisation does not “end” with public administration reform; rather, it is an all-pervasive issue upon
which progress in numerous other sectoral reforms depends. With the aim of contributing to a better understanding
of the challenges and progress in the area of digitalisation in all sectors, this paper provides an overview
of the key challenges in further digitalisation and provides recommendations for improving the strategic
approach to digital transformation of public administration.

Download the brief  ENG MNE

Open format data publishing – A practice that is yet to gain traction in Montenegro

By |2023-10-31T11:20:09+01:0010/05/ 2023|Publications|

Montenegro’s obligation to publish open data, i.e. data in a format that facilitates its reuse, is stipulated by the
Law on Free Access to Information. Publishing data in an open format is particularly important for its reuse, allowing for analysis and digital processing.

Publishing data in an open format is also one of the indicators for public administration transparency, in line with the OECD/SIGMA Principles of Public Administration. Therefore, it is included in the WeBER PAR Monitor
methodology for monitoring public administration reform in the Western Balkans. A proactive approach to open
data policy implies that published data can be downloaded by different users, that downloading open data is
free, and that data is published in a machine-readable format.Open data has great potential, especially considering that it becomes available to a wider range of users, that
there are no control mechanisms or restrictions by the author, and that anyone can freely use and analyse it. It
can be of particular importance to the scientific and business community, as well as the civil sector, but it can
also be interesting to citizens.

The aim of this analysis is to provide an overview of the current situation in terms of open data, and to scrutinise
the latest PAR monitoring cycle in the Western Balkans region, the results of which were published in 20225, to
illustrate the extent to which public institutions in Montenegro publish data in an open format in relation to each
area of public administration reform (PAR), and to show how Montenegro ranks in relation to countries in the
region in terms of the publication of these data.

Download the brief  ENG MNE

State administration in Serbia: a thorny road to equal opportunities and access for all

By |2023-04-19T11:53:30+02:0019/04/ 2023|Publications|

The state administration has been reforming for almost two decades, since 2004. With the adoption of the new strategic framework in 2021, it seems that the reform has gained a new momentum, with a greater orientation towards citizens and the economy. Not stopping at such a generally defined goal, the Public Administration Reform (PAR) Strategy offers an even more specific commitment towards the administration as a customer centre, that provides user-oriented services that are reasonably priced, while taking care of minority and vulnerable groups.

Despite such a far-reaching goal, the available data indicate that there is still a lack of sensibility of the administration for the needs of the citizens, especially for the vulnerable and endangered. Also, the data points to the uneven accessibility of jobs positions in the state administration – an aspect that the PAR Strategy does not deal with. If all citizens do not get the opportunity to access services, information and public facilities, not only the success of the PAR is put into question, but also the existence of an inclusive society and the exercise of human rights. Likewise, enabling persons belonging to vulnerable groups to get a job in the civil service, i.e., state administration bodies, should be one of the ways in which the reform can contribute to greater accessibility of the administration to everyone, within the broader social aspirations to reduce discrimination and respect different social needs.

Numerous international obligations and regulations of the Republic of Serbia require equal access and treatment of all persons who perform business with public authorities. The United Nations Convention on the Rights of Persons with Disabilities, to which Serbia is a signatory, unequivocally stipulates that states provide equal access to institutions and services intended for the public, that is, promote the possibility of employment, including in the public sector. Also, according to the current legislation in Serbia, everyone has the right to equal access and equal protection of rights before courts and public authorities, and any discriminatory behaviour by a public official in a public authority is prohibited. In addition, employers in the public sector are obligated to provide equal employment opportunities for employment regardless of sex, gender and family status, while paying due attention to the equality of vulnerable social groups. It is particularly important to emphasise that discrimination against persons with disabilities before a public authority is considered to be administrative conduct that prevents or hinders the realisation of rights, as well as that discrimination regarding the availability of services and access to facilities in public use is prohibited.

Although PAR in Serbia is not only a long-term, but also a continuous development process that needs to be constantly adapted to new circumstances, it cannot yet be said that, as a result of this reform, we are closer to the aforementioned normative principles or dispositions, at least when it comes to the accessibility of state administration. This brief presents some of the problems with access to services, facilities, and jobs of the state administration, based on data from the WeBER PAR Monitor 2021/2022, the Commissioner for the Protection of Equality, and other relevant sources.

Download the brief  ENG SRB

Transparency of PAR in the WB: Numerous shortcomings and limited examples of good practice in the region

By |2023-04-19T09:27:19+02:0018/04/ 2023|Publications|

At the centre of the monitoring of public administration reform (PAR), there are topics that are of primary interest to citizens and civil society. One of them, which pervades practically all areas of PAR and on which the quality of implemented reforms can depend to a significant extent, is certainly transparency. Transparency implies that the goals of public policies, their legal, institutional and economic framework, as well as political decisions and all related data and information are delivered to the public in an understandable, accessible and timely manner. Relying on this understanding of transparency and the OECD/SIGMA Principles of Public Administration, the WeBER PAR Monitor methodology for monitoring PAR in the Western Balkans largely integrates the principle of transparency as one of the central components of good governance.

The importance of transparency can be viewed from several perspectives. In the first place, transparency enables citizens to be fully aware of their rights and to fulfil their obligations timely and efficiently. It is also important for the smooth functioning of the market, i.e., so that economic actors can conduct their business in a free and competitive atmosphere. In connection with the previous, full transparency that enables public oversight of the administration narrows the space for corruption, which is of vital interest to both citizens and the economy. Finally, PAR is an area of fundamental importance for the process of accession of the Western Balkan countries to the European Union, side by side with the rule of law and the functioning of democratic institutions.

The aim of this brief is to show the state of transparency in various areas of the PAR, draw attention to numerous weaknesses, but also present examples of good practice, when PAR transparency in the region is in question, based on the findings of the last monitoring cycle in the Western Balkans region carried out in 2022. Starting with public policies that are still developed behind closed doors, through insufficiently transparent human resources management and limited proactivity in informing the public, all the way to the issue of providing services, reporting on the budget and public procurement, shortcomings in transparency were pointed out, which permeate each PAR area and represent the problem of all countries in the region.

Download the brief  ENG SRB

The Neverending story of senior civil service depoliticisation in Serbia

By |2023-04-19T09:27:27+02:0018/04/ 2023|Publications|

Political influence on public administration is as old as administration itself. Given that civil servants are the ones who implement government policies, having control over them means controlling the institutions that execute political power and implement policies. This control also opens opportunities for rewarding loyalists and achieving political interests. When reduced to a minimum, such political manoeuvre is less likely to have a lasting impact on an administration’s functioning, but when it becomes overwhelming, a state apparatus can be completely captured by transient political actors, in the service of interests other than public.

For a modern democracy, seeking to join the EU, professional and depoliticised civil service is necessary, not only for the sake of fulfilling membership conditions, but to enable society to achieve its socio-economic development potentials, and citizens to exercise their rights. In Serbia, however, international organisations and domestic civil society have reported on the issue of civil service politicisation since the start of democratic transition two decades ago. Still, the depoliticisation process, exceptionally prominent when it comes to the top echelon of the state administration – senior civil service (SCS), has gone unaccomplished to the present day.

There are at least three inter-connected aspects of the SCS politicisation. First, acting senior civil servants, appointed temporarily until the right candidate is selected in the competition procedure, have become a regular instead of a temporary solution for filling in managerial positions, eliminating the principle of merit for recruitment. Second, the very process of appointment of acting managers has become heavily compromised by frequent extensions of acting periods, beyond legal limits, constituting a perpetuated rule of law violation. Finally, even when competition procedures for SCS positions are implemented, there are additional and completely obscure political vetting procedures, due to which candidates proposed in the legal process often do not get appointed by the Government.

Since public administration reform belongs to the fundamental negotiation cluster that the EU microscopically observes, SCS politicisation has become an obstacle on Serbia’s EU path over the years. However, a more severe consequence is that, by politically controlling the administration, the Government makes decisions and policies at the expense of rule of law. Altogether, these bring forward principal concern that if politics does not let the civil service be, Serbia will simply entrench in weak institutions in an unforeseeable future, unable to unlock country’s development potential and improve citizens’ quality of life.

Download the brief  ENG | SRB

Accessibility and Equal Opportunities in State Administrations in the WB: What Civil Servants and Civil Society Actors Have to Say?

By |2023-08-24T11:44:48+02:0024/02/ 2023|Publications|

Accessibility is considered a priority in a modern-day state administration. As an important precondition for achieving broader societal goals of social inclusion and welfare, accessibility has also become a clear-cut administration issue. Rising demands for accessible administrations – services, building, workplaces – but also for more equitable opportunities for getting jobs, including civil service employment, result from the fast-paced socio-economic and technological changes, which in turn require to accommodate as many needs of the population as possible. The COVID-19 pandemic outbreak is only one, but largely important example of how suddenly such needs for fast adaptations occur.

On their EU accession path, the countries in the Western Balkan region must demonstrate that basic accessibility principles are sufficiently secured, as part of a broader, but fundamental public administration reform. According to international assessments that measure the compliance with such principles, the work is far from done – the legislative and policy frameworks are in place, the digital services accelerated, but mechanisms for improving the accessibility of services are weak across the region. The results of the surveys of civil servants and civil society organisations (CSO) implemented by the WeBER initiative, analysed in this brief, tell a similar story of weak guarantees for accessibility of state administrations. Specifically, their reflections on the opportunities for accessing civil service jobs, workplaces, facilities, and services, indicate that those most vulnerable have fewer chances and struggle the most.

Measuring perceptions has its limitations, from sampling errors, bias, to difficulties in capturing nuances. Also, survey results are largely affected by respondents’ motivation and availability to participate. As such, they should be interpreted with caution and used as a stimulus for further research. However, civil servants and CSOs are among the key actors from whom to obtain feedback regarding the application of the accessibility principle in practice. This is due to their respective roles as service and information providers to the public, in case of the former, and active participants in public affairs, especially as voluntary service providers to different population categories, in case of the latter.  Perception data alone cannot be used to remedy policy implementation but can additionally help to spotlight potential gaps. If legal and policy mechanisms largely fail to achieve their intended purpose, which is to allow unrestricted access to administration, it results not only in a waste of resources but also in the deprivation of different societal groups of their fundamental rights.

Download the paper here (English)

Corruption within civil service: Unveiling the complex web

By |2023-11-01T11:21:55+01:0007/07/ 2022|Publications|

The issue of corruption persists in Kosovo, as it does in many neighboring countries, and is undoubtedly one of the most significant challenges facing our state. Kosovo has made some modest progress in its battle against corruption, with a slight improvement in its score, reaching 39 points – three more than the previous year – on

the 2021 Corruption Perceptions Index compiled by the international organization Transparency International. However, reports from international organizations and civil society in Kosovo consistently highlight clear legal limitations on discretionary power in the country, along with inadequate implementation and functioning of mechanisms designed to prevent, correct, and even sanction these arbitrary actions or misuse of official authority. This underscores the need for improving and enhancing the effectiveness of the justice institutions in combating corruption.

Download the paper here (English) and here (Albanian)

Transparency across public administration reform in Serbia: An underachieved priority

By |2022-07-07T17:16:06+02:0005/07/ 2022|Publications|

According to the Organisation for Economic Cooperation and Development (OECD), transparency refers to an environment in which the objectives of policy, its legal, institutional, and economic framework, as well as policy decisions and all related data and information, are provided to the public in a comprehensible, accessible, and timely manner. In a democratic society, transparency is a fundamental element of good governance which makes public administration more accountable for its work. Additionally, it helps citizens become more aware of their rights and obligations, as well as in better understanding public policy decisions, and it is a precondition for an inclusive decision-making process that involves civil society and all external stakeholders.

Furthermore, transparency is a major cross-cutting issue in all areas of Public Administration Reform (PAR) in line with the Principles of Public Administration which represent codified EU membership conditions in this fundamental reform area. Yet, while transparency is recognised in Serbia’s PAR Strategy as an essential component of its public administration reform, eighteen years after the first Public Administration Reform Strategy was adopted in Serbia, numerous important aspects of the administration’s work remain insufficiently transparent. This creates an overall negative impact on the country’s EU accession process, by undermining fundamental reforms in the essential governance areas. Ultimately, it also leads to a decrease in the citizens’ quality of life.

Download the Brief here (English) and here (Serbian).

Weak mechanisms for improving service accessibility for disadvantaged groups

By |2023-04-19T09:28:01+02:0013/06/ 2022|Publications|

The process of adjusting and improving accessibility to public services for disadvantaged groups in the Western Balkans is quite slow and not much progress has been made. This particularly applies to Bosnia and Herzegovina (BiH), where public service delivery should respond more effectively to the actual needs and demands of the population. In general, Western Balkan administrations aim to increase the accessibility of services to people with disabilities and reach the standards for accessibility. However, this remains limited to the legislative and policy framework, and not equally implemented in practice.

Download the Brief here (English) and here (BHS).