With the support of the European Commission

1

RECENT LEGISLATION AND FURTHER REFORMS

OF THE SERBIAN STATE ADMINISTRATION

Jovan TeokarevicBelgrade Centre for European Integration

With the support of the European Commission

With the support of the European Commission 2

EU-Western Balkan Countries Relations

COUNTRY SAP STATUS

Albania SAA negotiations opened in Jan 2003

Bosnia and Herzegovina

SAP: feasibility study - Nov 2003. Commission recommended SAA negotiations in Oct 2005

Croatia SAA: signed in Oct 2001, ratified by all EU members in 2004. Candidate for EU membership: in June 2004. Negotiations started in Oct 2005.

Macedonia SAA: signed in Apr 2001, ratified by all EU members in 2004. Requested EU membership in March 2004. Candidate status: 2005 (2006)

Serbia and Montenegro

SAP: Feasibility study: Apr 2005.Commission recommended SAA negotiations in July 2005.SAA negotiations started in Oct 2005.

Kosovo SAP Tracking Mechanism (STM) established.

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EU INTEGRATION OF SOUTH EAST EUROPE:An Optimistic View

SAA EU membership Introduction of euro

Bulgaria 2007 (?) 2010

Romania 2007 (?) 2012

Croatia 2001 (4) 2010 (?) 2012

Macedonia 2001 (4) 2012 (?) 2015

Albania 2006 After 2013 After 2015

Bosnia and Herzegovina 2006? After 2013 After 2015

Serbia 2006 After 2013 After 2015

Montenegro 2006 After 2013 Since 2002

Kosovo 2007 After 2013 Since 2002

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EU MEMBERSHIP CRITERIA

COPENHAGEN EUROPEAN COUNCIL (1993)

Membership criteria require that the candidate country must have achieved:

1) stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities;

2) the existence of a functioning market economy as well as the capacity to cope with competitive pressure and market forces within the Union;

3) the ability to take on the obligations of membership including adherence to the aims of political, economic & monetary union.

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EU MEMBERSHIP CRITERIA

MADRID EUROPEAN COUNCIL (1995)

Membership criteria also require that the candidate country must have created the conditions for its integration through the adjustment of its administrative structures.

While it is important that European Community legislation is transposed into national legislation, it is even more important that the legislation is implemented effectively through appropriate administrative and judicial structures. This is a prerequisite of the mutual trust required by EU membership.

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EU PARTNERSHIP WITH S&M (June 2004)- Requirements -

Public Administration Reform:

S&M:

Strengthen and maintain administrative capacity of the institutions dealing

with European integration at the state and republican level (in terms of staff,

training, equipment) and improve co-operation among them.

Republics:

- Strategy on Public Administration Reform

- Legislation on Government and Civil Service

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EU Feasibility study for S&M (April 2005)

Public Administration – main points

State Union

• Some State Union institutions are still burdened with a surplus of employees, while at the same time lacking competent staff

• Coordination on EU-related issues is not yet satisfactory

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EU Feasibility study for S&M (April 2005)

Serbia• Future rationalisation and the social impact of redundancies will be

a major challenge and a possible motive for resistance to reform.

• In November 2004, a comprehensive strategy was approved by the government. Long term sustainability?

• Important laws on free access to public information and on the prevention of conflict of interests have entered into force.

• The institutional capacity for coordination on EU-related issues has seen significant improvement.

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EU Feasibility study for S&M (April 2005)

Montenegro• Weak implementation capacities, both in terms of funds and

infrastructure, personnel and training, are coupled with the problems of poor accountability, political interference and patronage.

• Rationalisation of the public administration is an issue that need to be addressed.

• Inter-ministerial coordination on EU-related issues has become more structured, but further improvements are needed in terms of more regular coordination with the line Ministries.

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Public Administration reform - Serbia -

New laws on State Administration and civil servants (August 2005)

Public Administration reform for EU integration - 3 challenges:

• part of a wider reform context

• accomodation to specific requirements of EU integration

• developing separate administrative capacities

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Public Administration reform - Serbia -

Serbian Government Public Administration STRATEGY (2004)

Goals: • democratic state, based on the rule of law, accountability,

transparency, low costs and efficiency

• public administration oriented towards citizens: high quality of services, with low costs

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Public Administration reform - Serbia -

Serbian Government Public Administration STRATEGY (2004)

Principles : • decentralization • depolitization• professionalization • rationalization• modernization

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Public Administration reform - Serbia -

• slight reduction of the number of ministries (from 19 to 17)

• radical reduction of Government Agencies (established under the former Government by decisions of the Government itself)

The main changes of the organization of the Serbian administration under the new Government

(since March, 2004):

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Public Administration reform - Serbia -

EMPLOYED IN THE SERBIAN STATE ADMINISTRATION, 31 JULY, 2004:

27,613

• NOT INCLUDED: employed in the police, army, health, education.

• The number went up after the constitutional rearrangement in S&M (most powers to republics)

Number of employees: • - higher than in the Czech Republic, Finland, Hungary or

Poland • - lower than in Ireland, Greece or Austria

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Public Administration reform - Serbia -

• Administration salaries fund participates with 19% in the public spending of Serbia.

• This is more than the average of the region (15%), but less than in Croatia and Slovenia, for example.

• Serbia: 5.55%• Slovenia: 5.80%• Bulgaria: 5.20%• Austria: 3.60%

The fund of salaries as percentage of BDP:

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New laws on State Administration and civil servants (August 2005)

New in the organization of ministries:

• STATE SECRETARY: (one or more within the ministry), appointed by the Government, his duty expires with the duty of the minister, accountable to the minister and the Government

• ASSISTANT MINISTER: appointed by the Government for five years

• SECRETARY OF THE MINISTRY: appointed by the Government for five years

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New laws on State Administration and civil servants (August 2005)

New in the organization of ministries:

• SPECIAL ADVISERS OF THE MINISTER: up to three, works under contract

• Administrative bodies within ministries:

DEPARTMENTS, INSPECTORATES, DIRECTORATES.

Headed by DIRECTORS, who are appointed by the Government, for five years.

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Future challenges

PubAdm and EU integration: the next steps

• How many states: referendum on independence in Montenegro (April 2006?)

• More or less coordination of all bodies (in S, M, and S&M) in charge of EU integration?

• More (S&M): Foreign Ministry – Ministry for Foreign Economic Relations – EU Association Office

• Less (each republic/state): strengthening of the existing bodies and perhaps adding new ones (Serbia: Ministry for European integration, Serbian Foreign Ministry)

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EU integration bodies in S&M

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THANK YOU FOR YOUR ATTENTION