Title: Fulfillment of the Madrid criteria through the reforms of the public administrations of the countries from the Western Balkans
Msc. Mladen Karadzoski – University “St.Kliment Ohridski” – Bitola, Faculty of administration and management of information systems – Bitola, Republic of Macedonia
Abstract:
One of the strategic priorities of the countries from the Western Balkans is the membership in the European Union. But, on this road, there are a lot of standards and criteria which should be fulfilled by Albania, Bosnia and Herzegovina, Croatia, Kosovo, Macedonia, Montenegro and Serbia before they join the Union.
Fundamental criteria for accession of the candidate and potential candidate countries in the European Union are the so-called Copenhagen criteria: political, economic and criteria for adoption of acquis communautaire. Political criteria are related to the rule of law, respect of human and minority rights, democratic institutions, etc.; economic criteria are related to the existence of functional market economies, prepared to compete with the economies of the EU member countries; criteria for adoption of acquis communautaire are related to the level and intensity of preparedness of the country for the transposition of the EU legislation into the national ones.
Not less important are the Madrid criteria which are related to the functionality of the public administrations and judicial systems. Each of the candidate and potential candidate countries should respect the principles of the European administrative space, (EAS) i.e. to have effective, efficient, responsive, service-oriented, competent and responsible public administration. Also, the public and state servants in Albania, Bosnia and Herzegovina, Croatia, Kosovo, Macedonia, Montenegro and Serbia should be well-educated, professional, highly qualified, but they also need to have good language, computer and communication knowledge and skills.
Countries from the Western Balkans have clear vision and strategic orientation towards European Union, but their complex political, security and economic situation is an obstacle for a fast integration in the Union. One of the biggest problems is the reform of the public administration in each of these countries, not the reforms expressed by laws and by-laws, but the concrete and operative implementation and outputs of these reforms.
For these reasons, the main goal of this paper will be to identify and to analyze the reform processes in the public administrations in each of the countries from the Western Balkans, to determine the level of compliance of the public administration in these countries with the ones in EU-member countries and the level of fulfillment of the Madrid criteria connected with the public administration.
The most frequent methods which will be used in this paper are the descriptive, analytical and comparative method, because of the character of the paper.
The main results which should come out of this paper are scanning of the level of compatibility of the public administration in Albania, Bosnia and Herzegovina, Croatia, Kosovo, Macedonia, Montenegro and Serbia with the model of public administration incorporated in the EAS, comparement of the public administration reforms between the countries from the Western Balkans and making efforts for a creation of a common acceptable model of public administration in all the countries from the Western Balkans, as a good precondition for acceleration of their EU-accession and fulfillment of the Madrid criteria.
1. INTRODUCTION WITH GOAL AND RESEARCH QUESTIONS
The European union is an international entity which is constitued with the Maastricht Treaty – 1993. The European community as a predecessor of the Union is established with the Treaty establishing a European coal and steel community, signed in Paris, France, 1951, the Treaty establishing a European economic community, and the Treaty establishing a European atomic agency, both signed in Rome, Italy,1957.
At the end of the nineties in the last century, the European union has launched the Process for stabilization and association, which relates to the countries from the Western Balkans.Thesestates which are involved in the Process for stabilization and association,undoubtly are teritorrial, geographical, civilizational and cultural part of Europe. One of the main strategic goals of these states is the membership in the European union, and consequently all of the administrative, judicial, executive, human and infrastructural capacities are pointed to the realization of this essential goal. But, the “European road” is full of different obstacles and challenges, so fullfilling of many criteria and standards, which are incorporated in acquis communautaire is needed.
These criteria (Copenhagen, Madrid) are consisted of different requirements for reforms from the candidate countries and potential candidate countries for membership in the European Union, in more segments of the society: public administration, state administration, economy, judiciary,institutional structure, legislative processes, etc. Only through complementary access in the fulfillment of the reform activities in the countries which are included in the Process for stabilization and association, we can reach concrete effects and institutional and functional approximation to the values and working practices of the European Union and its member states.
The goal of this paper will be to identify and to analyze the reform processes in the public administrations in each of the countries from the Western Balkans, to determine the level of compliance of the public administration in these countries with the ones in EU-member countries and the level of fulfillment of the Madrid criteria connected with the public administration.
The questions which will be subject of a research in these paper will be related to the similarities and differences in the public administration reform processes in Albania, Bosnia and Herzegovina, Croatia, Kosovo, Macedonia, Montenegro and Serbia. Is there one model for reforming the public administration which is applicable in all these countries? Are there big differences in the structure of the public administration in the countries from the Western Balkans? How does the level of the reforms of the public administration influence on the accession in the European Union in each country? These and many other research questions should be answered through the analysis which will be made in this paper.
2. THEORETICAL FRAMEWORK
In the European Union there is an attitude that the most relevant and the most explicit criteria for accession of a new country in the EU-membership are the Copenhagen ones. However, there are supplementary criteria which are established at the Madrid Summit in 1995, the so-called Madrid criteria. At this Summit, a decision was made that besides the fulfillment of the Copenhagen criteria by the countries which want to be part of the European Union, a creation of an integrative conditions through the functionality of their administrative and judicial structures and ability for qadoption and implementation of the acquis communautaire, is required.
The administrative structures should be organised in a way that they will satisfy all the norms and standards which are present in the member states of the European Union, i.e. the countries which are part of the EAS (European administrative space). Although there are not concrete instructions by the European Union as an entity, to the countries which want to become EU-members, about the question how should be structured and organised their public administrations, still there are some principles which should be accepted by each of the countries.
When we discuss about the adminsrative structures in a state, we should consider the professional capacity of the employees in the administration, their professional competences, their experience, their computer, communication and language skills, etc., because the adoption of the acquis communautaire is a hard and responsible work, but also a huge challenge. For these reasons, a good organisation of the public administration, good redistribution of the professional obligations of the public servants, continuousprofessional education is needed, if we want to have appropriate, effective and efficient fulfillment of the working tasks, generated by the internalization of the acquis communautaire.
The idea for the European administrative space is a result of the approximation of the general principles and standards which are incorporated in the national administratios of the member states. The goal of this idea is each country to impleent its own national legisaton by applying the principles and standards which are typical for acquis communautaire. EAS does not mean to copy the form and the organization of a public administration in some EU member state, but it serves as a guide of the administrative reforms in the countries which are candidate or potential candidate countries for membership in the European Union. Each of the countries has a very big freedom in the creation of the structure of the administration and in the process of managing the administrative processes, but this system has to be a democratic one and in accordance with the principles of the European administrative space.
3. METHOD SECTION
The most frequent methods which will be used in this paper are the descriptive, analytical and comparative method, because of the character of the paper. The comparative method will be most frequently used in this paper, because the main intention in the paper is to compare the reforms in the public administration in the countries form the Western Balkans, i.e. Albania, Bosnia and Herzegovina, Croatia, Kosovo, Macedonia, Montenegro and Serbia. In this way we can make some reccomendations for improvement of the reform processes of the public administration in these countries. The analytical method will be used to analyze the contents of the relevant documents in details, i.e. the documents which are connected with the reforms of the public administration and the EU-integration of the countries form the Western Balkans. The descriptive method will be used to make and adequate description of the situation regarding the reforms of the public adminstration in each of the countries from the Western Balkans.
4. REFORMS OF THE PUBLIC ADMINISTRATIONS OF THE COUNTRIES FROM THE WESTERN BALKANS
4.1. Albania
Albania is a transition country of about 3 million people. One of the main strategic goals of the country is a membership in the European Union. This goal was clear from the beginning of the ninetees, but the real start of its realization was at the end of the ninetees, due to several reasons. A distinguishing feature of development in Albania during the first years of transition has been its capacity for a quick economic recovery. for many years, Albania was held up as an example for other transitional countries to follow because of its apparently favourable macroeconomic indicators. Nonetheless, during 1996-1997, Albania was convulsed by the fall of several huge financial pyramid schemes with about two-thirds of the population investing in them and nominal liabilities amounting at almost half of the country's GDP. Albania's financial pyramid schemes collapsed, plunging the country into a deep economic and social crisis. State institutions ceased to function and economic activity came to a virtual standstill. These information are very important, because at this time, there were no conditions for a reform of the public administration.
The Albanian government recognised the publc administration reform as fundamental for the attainment of the objectives for growth and poverty reduction, but also for improving the administrative capacities of the country, regarding the EU criteria for the public administration. The main components of the Albanian public administration reform are: the basic principles of the civil service, global management of the human resources, functional and structural organisation of the public administrtion, and the procedures and essential processes of decision making and the accomplishment of the public administration services.
In 1999, in Albania a mixed civil service system was created, mainly based in the position model, combining it with elements of the career system. The prevalent character of the positions system can be distinguished by elements such as: recruiting criteria, promotion, horizontal movement, etc. The most important advantage of this situation was to attract qualified individuals towards civil service, that have never been part of the public administration. The disadvantage of this opening is regarded to the fact that it can cause motivation decline of the actual civil service public officials, who would like to see more career elements in the system.
Recruitment in the civil service is based in the competition for every position that is available for the outer candidates (if the number of 4 internal candidates is not completed). The testing process is conducted by commission ad hoc. The direct superior select as winner one of the candidates selected by the commission. But, we must say that in Albania people are not interested so much to work in the public administration (as in some other Western Balkans countries). [1]
About the disciplinary procedures, they deal with disciplinary measures that are taken when irregularity is observed or failure to perform the tasks required. Demand for training stands on a due training during the trial period for the civil servant that is followed by a respective exam, and other trainings according to the requirements of the respective state agencies. From the other side, the reform on remuneration has the objectices of: creation of a unique system of remuneration and bonuses in the public administration through the extension of the civil servants remuneration system on the entire institutions of the public administration; improvement of the remuneration system, bonuses and structures for the independent institutions.
There are a lot of improvements in the process of the public administration reformin Albania, which are recorded in the European Commission reports, but also these reports are full of anomalies which should be moved away. One of the main problems for the public administration is the appointment of servants which are active in politics, which causes interference of the politics in the daily professional activities of the public administration, so there is no separation between the administrative and political level. There are lots of legislative acts regarding the public administration, but their concrete implementation is on a low level. Also, the effectiveness and efficiency of the public administration is not enough for the EU standards.
But, there are also some positive movements related to the public administration in Albania. The number of the state servants which are trained in the Training institute for public administration (TIPA) is continuously increasing, the State Ombudsman is resolving more and more subjects, the ministries and other state institutions are restructuring and showing bigger efiiciency, the salaries in the public sector are increasing, etc.
However, Albaniais still far from the complete fulfillment of the Madrid criteria and it should work more on the concrete implementation of the reforms in the public administration, not just on the nominal and formal.
4.2. Bosnia and Herzegovina
After the dissolution of Yugoslavia, Bosnia and Herzegovina became an independent country composed by three entities: Bosniak, Serbian and Croatian. But, B i H survived a war and many conflicts at the beginning of the period of independence. In this sircumstances, we can not discuss about some reforms of the public administration, but, however, the discussion about this reforms was started at the end of the 20th century.
Bosnia and Herzegovina needs the public administration reform for various reasons. A reformed and modern public administration is expected to improve the overall performance of the government. The process of joining the European Union requires public administration functioning in accordance with European administrative standards. Also, a reformed public administration is seen as a development tool, especially when it comes to the burning issue of economic development.
Political leaders in Bosnia and Herzegovina formally commited themselves to public administration reform; the public administration legal framework is in place; the key reform institutions have been established; the functional review of public administration has been conducted; the key strategic documents have been adopted and published; the International community introduced a number of public administration reform related projects; etc.
However, the success of public administration reform in Bosnia and Herzegovina is primarly determined by the political will of top-level decision makers, the available finances and the know-how of those responsible for its implementation. The problem is that Bosnia and Herzegovina does not have a regular, qualitative supply of necessary knowledge and skills.
The strategy for public administration reform aims at reforming the public administration of Bosnia and Herzegovina, to substantially improve its administration over the next decade. The reform is a precondition for the integration of B i H in the European Union, which considers sufficient administrative capacity, and the ability to adopt and implement the core of EU law (acquis communautaire), a key acquirement for EU membership. The strategy is grounded in a firm vision to develop a public administration that is more effective, efficient and accountable, that will serve the citizens better for less money and that will operate in transparent and open procedures, while meeting all conditions set by European integration, and thereby truly become a facilitator for continuous and sustainable social and economic development.