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

1. © OECD
The Principles of
Public Administration:
A framework for ENP Countries
Marian Lemke
SIGMA
Tbilisi, 7 November 2019

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. 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
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4. 3

5. Structure of the Principles
I. Six core areas:
• Key requirements
• Principles
• Subprinciples
II. Methodological Annex:
• Quantitative indicators
• Qualitative indicators
• Information sources
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6. Six core areas of a
comprehensive framework
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Policy
development
and
co-ordination
Public service
and human
resource
management Accountability
Service
delivery
Public
financial
management
Strategic framework of public administration reform

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.
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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.
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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
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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
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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.
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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
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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
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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
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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
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16. Actual performance
• Fairness of fees
• Actual processing time
• Complaint submission (e-submission)
• Cases changed after verification by the court
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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
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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
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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
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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)
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21. Examples: IPA Monitoring Reports
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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
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24. Thank you for your attention!
More information can be found at:
www.sigmaweb.org
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