European Commission gives recommendations for reforms in public administration

The European Commission has welcomed the planned legislative package of laws, including laws on public officials, the law on salaries and the law on organising and functioning state administration and independent agencies.

The commission also welcomes the fact that this package is being prepared in a co-ordinated manner, as Kosovo has pledged will operate in the policy dialogue for public administration reform established under the SAA.

Progress in this direction was discussed recently on April 26th, at the Special Group for Public Administration Reform (RAP) in Pristina.

The three laws constitute the pillar of very entwining reform for Kosovo, which will enable Kosovo to build the legislative and institutional framework for a more equal public administration based on merit, consistent and accounting. All of this is done with the aim of ensuring more efficient and efficient service delivery for citizens and businesses. The purpose of the wage law, for example, is to harmonise the wage structure in civil service so that there is equal wage for equal work.

As part of this wide reform target, three laws are being drafted and are currently entering the final phase of government preparation. A number of key policy issues are still open and the EU remains committed to helping Kosovo so that implementable and sustainable solutions can be found, including those dealing with the inevitable costs of their implementation.

All public administration reforms must be designed on the basis of realities in Kosovo, including labour culture, institutional structure and available capacities.

As a key one, especially in terms of the wage bill, the Commission has repeatedly called on Kosovo to provide as broad public consultations, including teachers' unions, health care personnel and other affected groups, especially in view of the ambitious deadline and scope. These consultations are also important because of risks that lack of sufficient communication could lead to society's accession of a broader reform project.

Regarding the new Law for Public Officials, the Commission recommended that there be replacements based on positions (open competition) for senior civil servants, not high management recruiting from a closed “group” in order to ensure the ability of public institutions to attract necessary talents and expertise.

At the same time, the Commission stresses that political influence on high appointments continues to be a serious concern and that steps must be taken within the new law, as well as the current regulation, to ensure a more credit-based process.

The EU remains committed to having Kosovo's own reforms accompanied even with assistance. For this reason, the EU and Kosovo have linked a Convention on Sector Reform for Public Administration Reform, which envisions financial assistance of 25m euros to Kosovo by 2021. This assistance is divided into four payments with a maximum of $22m in Kosovo's budget, and 3m euros in technical assistance. Pays in the budget are conditional on progress in reforms and on meeting goals that are mutually agreed on.

A price of 5.5m euros is planned for disbursement in 2018, if Kosovo meets terms set out in the contract. K

These conditions have to do with the progress made in implementing public administration reforms and managing public finances, implementing macroeconomic policies oriented towards stability, and increasing budget transparency. These conditions are valued and must be met for each contract fee, including the expected payments for 2019, 2020 and 2021. For the following years, the payment will also be linked to the achievement of eight goals, jointly negotiated and defined in the reform contract. These goals cover the following areas:

1) comprehensive and fact-based legislative policies and development,

2) Enhancing public access to documents,

3) Improved professionalism and management of human resources,

4) Improve the services for citizens and businesses,

5) reducing administrative burden for citizens and businesses,

6) Improve policy planning,

7) The most rational and accounting state administration, and

8) an improved approach to administrative justice.