Raport Monitorizare RAPC Sem 1 2010
STATE CHANCELLERY OF THEREPUBLIC OF MOLDOVA
Policy, Strategic Planning and Foreign Assistance Division
Personnel Policy Division
MONITORING AND EVALUATION
REPORT
ON THE IMPLEMENTATION OF CENTRAL PUBLIC ADMINISTRATION REFORM IN THE REPUBLIC OF MOLDOVA
2010
1, Piata Marii Adunari Nationale
Chisinau, MD-2033
Republic of Moldova
tel.250-132; 250-137
web:
e-mail:
Chisinau - 2011
1
TABLE OF CONTENTS
LIST OF ABBREVIATIONS
SUMMARY
I. MONITORING AND EVALUATION OF CENTRAL PUBLIC ADMINISTRATION REFORM PROGRESS
1. Restructuring of central public administration to create an efficient, functional and sustainable institutional framework governed by law and provide quality public services to population
2. Ensuring a transparent, rightful, effective and efficient decision making
3. Modernization of public services by cutting the red tape and improving the quality of services with the highest positive impact on citizens
4. Improvement of public office management
5. Improvement of civil servants’ management
6. Improvement of professional skills of staff in public authorities
II. USE OF MULTI-DONOR TRUST FUND
III. CENTRAL PUBLIC ADMINISTRATION REFORM JUDGED BY CIVIL SOCIETY
Annex no.1. Legislative acts enacted in 2010
Annex no.2. Regulatory acts related to CPA approved in 2010
Annex no.3. Reorganisations in central public administration in y.2010
Annex no.4. Indicators for the enforcement of Law on transparency in the decision making in the central specialized bodies in 2010
Annex no.5. Indicators for the enforcement of Law on the public office and status of civil servant in the central specialized bodies of CPAAs in 2010
1
LIST OF ABBREVIATIONS
CPA –Central public administration
LPA –Local public administration
CPAA –Central public administration authorities
LPAA – Local public administration authorities
ICSP –Inter-ministerial Committee for Strategic Planning
NPC – National Participatory Council
PPD – Personnel Policy Division
PSPFAD –Policy, Strategic Planning and Foreign Assistance Division
OSA –Office of Administrative Support for the implementation of central public administration reform in the Republic of Moldova, attached to the State Chancellery
SIDA – Swedish International Development Cooperation Agency
DFID – UK Department for International Development
IMF – International Monetary Fund
SE – State Owned Enterprise
OECD – Organization for Economic Cooperation and Development
EU – EuropeanUnion
SIGMA Program – Support for Improvement in Governance and Management in Central and Eastern European Countries
NDS – 2008-2011National Development Strategy of the Republic of Moldova
AIS – Automated Information System
1
SUMMARY
In the reported period, the central public administration reform ran according to the Government Decision no.1402 of December 30, 2005 on the approval of the Central Public Administration Reform Strategy in the Republic of Moldova and the Government Decision no.194 of March 18, 2010 on the approval of 2010 Government work plan.
In 2010 CPA reform focused on several priorities:
Restructure central public administration in order to create an efficient, functional and sustainable institutional framework governed by law and provide quality public services to population;
Ensure a transparent, rightful, effective and efficient decision making;
Upgrade the public services by cutting the red tape and improve the quality of services with the highest positive impact on citizens;
Improve public office management;
Improve civil servants’ management;
Build the skills of staff in public authorities.
This report is a synthesis of the main achievements of the Government in 2010 in relation to CPA reform, assesses the impact of these achievements on the target groups, and highlights the challenges and priorities for the coming period. The aim of the report is to inform the central public administration authorities, development partners and civil society about the progress achieved in the implementation of CPA reform in the Republic of Moldova.
The report has three chapters and 5 annexes. The first chapter focuses on the progress made and assesses the impact of this progress per each CPA reform objective set for 2010. Chapter two focuses on the use of Multi-Donor Trust Fund. Chapter three tells us how CPA reform is judged by the civil society, evaluation made with the support of SOROS-Moldova Foundation. The annexes include the regulatory acts approved and reorganizations of CPAAs in the period under consideration, the monitoring indicators for the enforcement of Law no.158-XVI of July 4, 2008 and Law no.239-XVI of November 13, 2008.
The report was drafted with the inputs provided by central public administration authorities, as well as the information provided by the monitoring of ministries and other central administrative authorities.
The key progress in the achievement of the objectives of central public administration reform in 2010 and stressed by the report is as follows:
1. Civil service legislation was developed by passing6laws, 2 of which were meant to align legislation in place with the Law on the public office and status of the civil servant and Law on transparency in the decision making (annex no.1).In addition to that, in order to split the civil service positions from the political ones the Parliament passed the Law on the status of staff from the cabinet of political appointees and the Law on the status of political appointee.
2. 57Government decisions were approved, whereby (annexes no.2-3):
secondary regulatory framework of Law on the public office and status of civil servant and Law on transparency in the decision making was developed and complemented;
12 central specialized bodies and 9 subordinated institutions were reorganized;
reorganization of Ministry of Internal Affairs and its subordinated institutions and reorganization of the public institution State Guard Service into the state owned enterprise Security Services started;
the Agency for Interventions and Payments in Agriculture, the Transplant Agency and the E-Governance Centre were created;
disbandment of State Exchequer started;
competences related to public patrimony management of certain specialized bodies were defined.
3. Improvements were reported in the decision making across Government due to the consultation of drafts of legislative and regulatory acts with the civil society.
4. Delimitation of positions in central public administration also recorded certain improvements due to the endorsement procedure (by the State Chancellery) the staff lists of central public administration authorities had to go through.
5. Efforts were made to build civil servants’ skills through training, including with the support of Multi-Donor Trust Fund and DFID. In 2010 training was delivered to 76% of civil servants in the central offices of central specialized bodies, 73% of which attended at least 40 hours of training, in line with the requirements of Law on the public office and status of civil servant.
This report also identifies the actions - that haven’t been implemented or have been implemented only partially- to be carried out in 2011-2012.
1
I. MONITORING AND EVALUATION OF CENTRAL PUBLIC ADMINISTRATION REFORM PROGRESS
This report highlights the key outcomes of CPA reform and their impact on the central public administration.
1. Restructuring of central public administration to create an efficient, functional and sustainable institutional framework governed by law and provide quality public services to population
Achievements
1.1. Reorganization of central public administration authorities continued throughout 2010, when competences were delimited and structures and number of authorized posts optimized.
Amendments were introduced to the Government Decision no.1310 of November 14, 2006 that approved the template structure of regulations of central specialized bodies of public administration and their subordinatedadministrative authorities. According to those amendments, the regulation, structure and number of authorized posts, list of administrative authorities, subordinated institutions and enterprises/joint stock companies administered by a central specialized body are approved through a single Government decision.
23 authorities, including 7 ministries and 4 central administrative authorities, 11 public institutions and one central public authority had their regulations approved (or amended) (points 1-2, annex no.3). Consequently significant progress was achieved in the delimitation of competences and clear definition of functions and duties of central public administration authorities. Therefore, 22 (out of 24) central specialized bodies have their regulations aligned with the regulatory framework in place[1].
The reform of the Ministry of Internal Affairs and its subordinated and deconcentrated entities started in line with the Reformation Concept approved by Government.
1.2. Reorganization of public institutions under the central specialized bodies and those under the Ministry of Internal Affairs started in 2010. Besides the delimitation of competences of public institutions, this reorganization implied creating or disbanding certain public institutions that were expected to be created or disbanded by hadn’t been (point 3, annex no.3), as well as reorganization of certain public institutions into state enterprises (points 4,5,6 in annex no.3). In this respect, the following has been achieved:
the Agency for Interventions and Payments in Agriculture was created under the Ministry of Agriculture and Food Industry and the Transplant Agency was created under the Ministry of Health;
the State Exchequer under the Ministry of Finance is in liquidation;
the public institutions „State Guard Service” under Ministry of Internal Affairs undergoes reorganization into the state enterprise „Security Services”.
1.3. Efforts were made to improve the management of the state patrimony. In this respect certain ministries were designated as founders, Ministry of Agriculture and Food Industry was assigned with the management of 30 water resources that are public property of the state, and Ministry of Environment for 38 water resources, while the management of SE „Centre for Special Telecommunications” was transferred to the State Chancellery.
1.4.The draft law on central public administration, after being consulted anew with the central specialized bodies, was also consulted with the experts of OECD SIGMA Program and the European Union during the meetings held on May 5 and June 9 and 10, 2010. The experts generally accepted the draft, and mentioned that it mirrored the current state of things in the area of CPA organization and operation in the Republic of Moldova and recommended that the draft should be reshaped and revised in line with the European practices. Hence, given the opinions and recommendations of the development partners, the draft law on CPA was reviewed and is expected to be consulted with the stakeholders.
1.5. In order to regulate and improve the administrative procedures, a preliminary draft of the Survey of administrative procedures in the Republic of Moldova was produced. It includes the analysis of national legislation on administrative procedures (14 laws and 3 Government Decisions), comparative analysis of the experience of European countries in this area and relevant studies of SIGMA Program, conclusions and advice as to how to align national legislation with the good European practice.
Assessment of Outcomes and Impact
In the period under consideration, efforts were made to reorganize the central public administration authorities. The impact of the reorganizations is substantial not only due to the notable number of Government decisions approved (57), but also due to the nature of reorganizations made. In 2010 in all the central specialized bodies the policy development functions were finally delimited from those of policy implementation, which earlier had been done with delays. The regulations, structures and number of authorized posts were revised for 22 (out of 24) central specialized bodies, in line with the requirements of the normative framework in place.
One of the key outcomes of reorganizations made in 2010 is the initiation of reorganization of public institutions under the central specialized bodies and review of competencies of ministries related to public patrimony management. However, it is too early to assess the impact of these reorganizations, since the actions related to them will run on in 2011.
Although the reorganization of CPAAs improved significantly the performance of the Central Executive, the structures of these authorities still need to be aligned with the European practices, by approving a single CPA legislative framework aligned with the good practices of the European Union.
Priorities
- Continue the efforts to reorganize the public institutions under the central specialized bodies and go on with the CPA reform in order to achieve better performance of public administration. Efforts need to be made to achieve a coherent application of legislation in place.
- Review the draft law on central public administration in line with the European good practices, following the advice of the experts of OECD SIGMA Program and the EU, consulting the draft with the stakeholders and bringing it forward for Government approval.
- Consult the draft Survey of administrative procedures in the Republic of Moldova with the stakeholders and draft the law (or code) on administrative procedures in the Republic of Moldova in line with the European good practices.
- Build the capacities of Policy, Strategic Planning and Foreign Assistance Division within the State Chancellery, including by recruiting skilled staff.
2. Ensuring a transparent, rightful, effective and efficient decision making
Achievements
2.1. In decision making transparency, progress was reported as well. To that end, the Government approved decision no.96 of February 16, 2010 on the enforcement of Law no.239-XVI of November 13, 2008 on transparency in the decision making which:
approved the Regulation on transparency procedures in the decision making;
amended the Regulation on posting information on the official websites of public administration authorities, approved through the Government decision no.668 of June 19, 2006;
stipulates that the State Chancellery will be in charge of monitoring the provisions of Law on transparency in the decision making.
2.2. Law no.72 enacted on May 4, 2010amended certain pieces of legislation, therebyaligning them to the provisions of Law on transparency in the decision making:
Law no. 64-XII of May 31, 1990 on Government, as amended;
Regulation of Parliament, enacted through Law no. 797-XIII of April 2, 1996, as amended;
Law no. 847-XIII of May 24,1996 on the budgetary system and process, as amended;
Law no. 780-XV of December 27, 2001 on the legislative acts, as amended;
Law no.317-XV of July 18, 2003 on the regulatory acts issued by Government and other authorities of central and local public administration, as amended;
Law no. 436-XVI of December 28, 2006 on the local public administration, as amended.
2.3. To put in place an effective document management system across Government, a working group was created to draft a Policy Proposalby the end of the first quarter of 2011.
To design an efficient communication system across Government, to improve interaction of Government with the citizens and civil society, and to ensure transparency in the work of CPAAs, a Framework Regulation for information and mass-media communication units in central public administration authorities was drafted and approved.
2.4. A Government decision was drafted to approve the law on the ratification of the Council of Europe Convention on access to official documents, signed at Tromsø on June 18, 2009. The decree of the President of the Republic of Moldova delegating full powers to the representative of the Republic of Moldova at the Council of Europe to sign this Convention was also drafted and consulted.
2.5. The following events were held to provide support to central public administration authorities in the enforcement of Law no.239-XVI of November 13, 2008:
methodological seminar, held on February 20, 2009, attended by civil servants from policy analysis, monitoring and evaluation units and other units of CPAAs, assigned with tasks in the area of decision making transparency;
22 tours for civil servants from 32 central public administration authorities, who received relevant methodological assistance;
Methodological guidelines on the calculation of indicators for drafting the decision making transparency report of a public authority were drafted and delivered to central public administration authoritiesand posted on the website
Consequently, the ministries and other central administrative authorities drafted and approved the internal rules for information, consultation and participation in the decision making in line with the new regulatory framework. Moreover, new sections dedicated to decision making transparency, containing policy drafts, were created on the websites of CPAAs.
2.6. The monitoring of compliance with the consultation procedures revealed progress in the enforcement of Law on decision making transparency. In 2010, the central specialized bodies adopted about 660 policy decisions with economic, social, administrative-financial and environment impact. 720drafts of policy decisions, accounting for 83% of all decisions adopted in 2010,were consulted with the civil society. By comparison in 2009, when the consultation mechanism was put in place, only 38% of the drafts were consulted. The consultation methods mostly used are the posting of drafts of decisions on the official websites of authorities, consultations and public meetings, during which recommendations to drafts of decisions are received. The ministries and central administrative authorities organized 681 consultative meetings, public hearings, debates and task force meetings with the representatives of associations and organizations, citizens, and other stakeholders.
Considerable efforts were made to engage the society in the decision making. In 2010, the ministries and other central administrative authorities received about 3800 recommendationsto amend the drafts of policy decisions;46% of them were included in drafts of decisions, while some of them are under consideration. By comparison in 2009 only 1680 recommendations were received.
Annex no.4 to the report shows compliance of CPAAs with the procedures stipulated in the aforementioned law.
2.7. To build the capacities of policy analysis, monitoring and evaluation units in ministries and other central administrative authorities, the Government Decision no.168 of March 9, 2010 was approved, along with the Framework Regulation of a policy analysis, monitoring and evaluation unit in a central specialized body of public administration. This decision replaced the Government decision no.710 of June 23, 2006 on the policy analysis, monitoring and evaluation unit in a central specialized body of public administration.
2.8. To support development of ministerial capacities in policy development, the draft Methodological Guidebook on ex-ante policy impact analysis was piloted in five ministries (Ministry of Economy; Ministry of Justice; Ministry of Education; Ministry of Labour, Social Protection and Family; Ministry of Health). Each of the abovementioned ministries developed a public policy that was further submitted to ICSP and subjected to ex-ante assessment. In consequence, the Methodological Guidebook on ex-ante impact assessment was revised and published in two volumes “Policy and Tools” and “Selection of Policy Proposals” and posted on the website The aforementioned ministries continued their efforts to develop public policies.