Public Administration Reform – How Far Is 2020?

Public Administration Reform – How Far Is 2020?

This report aims to present state of play in key areas of public administration reform, with additional general overview of the implementation of the 2016-2020 Public Administration Reform Strategy.

The start of implementation of the Strategy has not yet given expected impetus to public administration reform: during the first 11 months of implementation, 60% of the activities were not implemented within the envisaged deadline. The findings of the report indicate that policy development and coordination and human resource management are particularly problematic areas.

During the rest half of 2017, public debates on important legislative amendments, such as the ones regulating public procurement and free access to information, were completely avoided.

Amendments to the Law on free access to information, although formally one of the activities envisaged by the Strategy, represent a step backwards in the transparency of the work of the administration. They introduce additional restrictions on access to information, such as business and tax secrets, as well as need to prove special interest to access information in some cases.

Local sector recruitment is particularly poorly regulated. This is reflected in bad practices, such as publishing job vacancies for already lled positions and lack of testing of prospective local sector employees.

Wide discretionary right during recruitment procedures negatively affects efforts of introducing merit-based system in our administration. Negative perceptions of citizens also indicate problems in the eld. “Employment through connections” is public administration’s key burning issue from citizens’ perspective.

Public satisfaction with service delivery is on average level, while “mystery shopping” visits to institutions in eight selected municipalities show relatively higher service quality standard.

“Terrain preparation” for the new Law on administrative procedures, whose implementation started on July 1st 2017 with expectations to improve service delivery, has encountered difficulties. Namely, the lack of harmonization of specific laws with the new provisions of this systemic law, has proven to be major impediment. Due to this setback, the transitional provisions of the new Law have already been amended, and the old version of the law will continue to apply to all proceedings that have not been finalized by July. This will negatively affect the average duration of administrative proceedings.

For the progress in public administration reform, it is necessary to delete new restrictions regarding access to information, as well as to enable better reporting of supervisory bodies. The report also offers recommendations for more effective organization of public discussions, service delivery and human resource management, especially in terms of restricting discretionary powers and more objective testing procedure.

This report has been produced with the assistance of the European Union within the project “Civil Society for Good Governance: To Act and Account”, implemented by Institute Alternative, Bonum, Natura, New horizon and Centre for Investigative Journalism. The contents of this report are the sole responsibility of the authors and can in no way be taken to reflect the views of the European Union

The Police misinform citizens on their rights

The Police Directorate has been misinforming the citizens about their rights during the conversation with the organizers of public assemblies, which is why Institute Alternative has filed an initiative to the Council for Civic Control of Police to further investigate this behavior

From the analyzed sample of nearly 400 official notes on conversations conducted in the first half of 2017 with the organizers of public assemblies, Institute Alternative warns that the Police Directorate is calling upon the Law no longer in force, which regulates this area much more restrictively than the Law in force.

The organizers of public assemblies were told that they are obliged to provide a sufficient number of stewards to maintain public order and peace, although the obligation to provide stewards was deleted from the law. The law, which entered into force in 2016, foresees this obligation only for organizers of public performances, which are gatherings organized for the purpose of generating income within the registered economic activity.

Additionally, it is stated that in accordance with the Law, the assembly cannot be held in the vicinity of hospitals and monuments of culture, motorways, main, regional and local roads, which is also not the provision of the Law in force.

By listing the provisions that do not exist in the applicable Law, the Police Directorate has been misinforming the citizens about their rights and obligations, showing the scope of citizens’ rights more narrow, and the scope of obligations greater than the law actually states.

We remind the public that it was precisely the “location suitable for public assembly” the controversial motive that the Ministry of Interior used to make the amendments to the law, thus introducing a ban on peaceful assemblies on the roads, while Institute Alternative has repeatedly claimed in recent months that such action would be contrary to the Constitution and international standards.

Taking into account the fact that there is a possibility that this form has not been adjusted in a way to correspond to the new law, we also remind that any omission which prevents citizens or legal entities in exercising their rights constitutes the basis for the disciplinary responsibility of all state servants, including police officers.

Institute Alternative urges the Police Directorate to correctly and legally informs the citizens about the planning of the public assemblies in accordance with the law in force, providing them with correct information on their rights and obligations.

Aleksandra Vavić

Public Policy Researcher