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* This designation is without prejudice to positions on status, and is in line with United Nations Security Council Resolution 1244/99 and

the Advisory Opinion of the International Court of Justice on Kosovo’s declaration of independence.

Workshop: Mid-term review and revision of the Strategy for

Modernisation of the Public Administration

7-8 November 2018. Pristina, Kosovo*

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Relevant headline findings from SIGMA 2017 assessment Two key priorities from introduction:

• The ongoing work on creating a more rational and efficient organisation of the public administration, with fewer small government agencies and clearer lines of accountability, needs high-level political commitment to succeed.

• Finalisation of the drafts laws regulating the civil service, public sector salaries, the organisation of public administration and administrative justice is critical and should be done in a coherent manner that safeguards the quality of the legislation and enables needed improvements in these areas.

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• PAR strategy framework improving, but weak on implementation

Broad perspective

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The Strategy for Modernisation of Public Administration

• 8% implementation rate of activities with deadlines in 2016 (lowest)

• Share of costed activities (61%) very low, and several activities require additional resources

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Civil Service and Human Resource Management

• 7/10 mid-term milestones achieved

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Current PAMS Related SIGMA recommendations

General Objective 1.An advanced and adequate system for management, monitoring and implementation of legislation on civil service and creating the possibility for a professional, effective and efficient civil service which will be developed based on principles of good administration and oriented towards implementation

Specific Objectives

1. Iimplementation of a new salary system for civil servants based on classification of job positions, which shall be fair, transparent and based on the ‘equal pay for equal work’ principle.

The Government should complete the job classification process, implement the salary system across the public service system and then introduce corrective measures to ensure internal fairness and coherence.

2. Electronic system for human resources management (HRMIS) applied in all institutions of civil service and used by all institutions. In addition, strengthening of the system to monitor implementation of legislation on civil service.

The MPA should ensure the introduction of complete data in the HRMIS, and set procedures for quality assurance and regular updating.

The MPA should develop strategic planning methods and make the most of the HRMIS to provide evidence for better HR policies and decisions, at central and at decentralised levels

The Government should reinforce the role of the DCSA, ensuring leadership and visibility. Additionally, it should consider regulating the competences of the DCSA more explicitly in the legislation.

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Current PAMS Related SIGMA recommendations

General Objective 1.An advanced and adequate system for management, monitoring and implementation of legislation on civil service and creating the possibility for a professional, effective and efficient civil service which will be developed based on principles of good administration and oriented towards implementation

Specific Objectives

3. professional and de-politicized civil service. Competitive recruitment and selection on the basis of merit and clear testing criteria, and engagement of disabled persons according to the legislation on this category. Continued and necessary training Performance assessment system based on institutional and individual objectives.

Design measures to increase the number of women in senior civil service positions.

Reinforce the merit principle in the selection of senior civil servants, reinforcing the role, the independence and the professionality of the Criteria Assessment Commission, and ensuring full alignment of the secondary legislation with the law.

The IOB should preserve its external oversight role, to avoid being involved in HR decision-making.

Reinforce adequate selection devices: enhancing the capacity of selection panels to use objective selection methods and standards in external and internal competitions; ensuring the anonymity of written tests in external and internal competitions; and supporting the use of structured selection interviews.

4. Ensuring a strategic approach in development of civil service and training of civil servants in all levels of public administration.

The Government should reinforce KIPA so that it has adequate leadership, management and resources.

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Administrative procedures and service delivery

• 2/8 mid-term milestones achieved

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Current PAMS Related SIGMA recommendation

General Objective 2.Qualitative and accessible public administrative services, based on reasonable administrative procedures and applying e-government methods oriented towards citizen and business needs

Specific Objectives

1. A strategic framework and policy based on thorough analysis ofadministrative public services by implementing the Law on GeneralAdministrative Procedure.

2. Completed and implemented legal and sub legal framework fordelivering public services, administrative procedures and their qualitycontrol.

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Current PAMS Related SIGMA recommendation

General Objective 2.Qualitative and accessible public administrative services, based on reasonable administrative procedures and applying e-government methods oriented towards citizen and business needs

Specific Objectives

3. Established institutionalmechanisms andcapacities formanagement, planning,monitoring, assessmentand implementation ofpublic services.

The MPA should clearly assign responsibility for monitoring implementation, organising exchanges of best practices and further developing the policies and standards in the service delivery area. The AIS should be supported in setting the goals and targets for its activities in the e-service delivery area.

The Government should make it a high priority to implement the central components of digitisation, such as the interoperability technical framework, digital signature infrastructure (integration application programming interface [API]) and central government portal – all prerequisites for e-government. Adequate resources should be devoted to installing these central components.

The Government should clearly signal to public bodies that digitisation of services is a priority and provide the necessary support. The public services inventory should be transformed into a tool that provides access to standardised information about public services, such as transaction volumes, digital uptake, cost per service and customer feedback, to measure real service delivery improvements. These data should inform decisions about further digitisation and revision of service delivery networks.

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Current PAMS Related SIGMA recommendation

Specific Objectives (Continued)

4. Developing and integrating electronic systems in progressive measure based on the interoperability framework.

The AIS should take charge of co-ordinating e-service delivery, starting by initiating a format for regular information sharing with the IT departments of other public institutions, sharing information about the progress with implementing central components (especially the interoperability framework) and ensuring that best practices are being shared.

5. Provision of services for citizens at one-stop-shops

The Government should task the MPA with reviewing the physical service delivery infrastructure of government agencies, to identify an optimal model for the future (including deciding whether one-stop shops are useful) to improve service delivery for citizens and businesses.

6. Continuous information of citizens on the development and provision of public services and on the rights and ways how to realize them

The Government should take measures to improve the accessibility of public services for people with disabilities (including through e-services).

7. Setting mechanisms and instruments for measuring public opinion on quality and accessibility of public services are established

Customer feedback mechanisms should be revised and promoted, to obtain regular information on satisfaction with specific service delivery situations. The MPA should support the customer-centric approach of public institutions by introducing quality management tools and standards to promote continuous improvement of performance.

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Public administration organisation and accountability

• 4/6 mid-term milestones achieved

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Current PAMS Related SIGMA recommendations

General Objective 3. Transparent, accountable administration, with a clear system of accountabilitycharacterised with a professional civil service, with internal administrative structuresthat function based on legislation on public administration and in line with principlesof good governance

Specific Objectives

1. Completion of legal framework for organizing PA for all typologies of PA, based on policies and legislation and in accordance with

The Government should prepare, in close co-operation with the Assembly, a programme for the reform of agencies and prepare amendments to the existing legislative framework for agencies. It should also amend the Law on Organisation of Public Administration and other legislation (the Civil Service Law and the Law on Salaries), to create a common institutional and managerial framework for all agencies.

Prepare amendments to the existing legislative framework for the management of ministries, extending the scope of managerial autonomy of heads of internal units and secretaries general for day-to-day management of the institution. This scheme should be bolstered with provisions ensuring accountability of those civil servants for the decisions made.

The Government, ministries and the Assembly should strengthen their capacities to actively control and oversee the performance of semi-independent institutions and agencies accountable to the Assembly or the Government. Performance management frameworks should be introduced governing the relationship between ministries and agencies.

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Current PAMS Related SIGMA recommendations

General Objective 3.

Specific Objectives

2. Strengthening the system for monitoring implementation of principles of ethics and integrity in public administration

The Assembly, the Ombudsperson Institution and the National Audit Office, in co-operation with the Government, should develop mechanisms to increase the level of recommendations implemented.

3. Improving mechanisms for access to public documents and information.

The Government should conduct a comprehensive ex post assessment of the Law on the Right to Information, and subsequently propose amendments relating primarily to: a) the establishment of a supervisory authority to issue prescriptions and guidelines, and to impose sanctions for failure to disclose public information; b) enhancing proactive disclosure of public information; and c) administrative liability mechanisms.

4. Public authorities create mechanisms to assume liabilities in case of violations and guarantee correction and/or adequate

The Government should agree on and prepare the necessary legislation on non-contractual liability of state administrative bodies and start to implement it in administrative and judicial practice. The Government should also introduce mechanisms to monitor court cases that result in liability for the State, with the goal of improving administrative procedures and decisions, and thus reducing future cases of public liability.