ONE YEAR EU MEMBERSHIP REVIEW EXPERIENCES AND PERSPECTIVES
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ONE YEAR EU MEMBERSHIP REVIEW EXPERIENCES AND PERSPECTIVES. Warsaw, April 25-26, 2005. Changes in the process of collaboration between Government and local authorities in Romania. FUNDAMENTAL PRINCIPLES.

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ONE YEAR EU MEMBERSHIP REVIEW EXPERIENCES AND PERSPECTIVES

Warsaw, April 25-26, 2005

Changes in the process of collaboration between Government and local authorities in Romania


FUNDAMENTAL

PRINCIPLES

  • The local public administrations had been constituted (according to the Law no. 69/1991, improved and replaced by the Law 215/2001), on the following fundamental principles:

    • The local autonomy;

    • The principle of public services decentralization;

    • The principle of local public administration authorities eligibility;

    • The principle of public consultation on the major local issues.


CENTRAL PUBLIC ADMINISTRATION AUTHORITIES

LOCAL PUBLIC ADMINISTRATION AUTHORITIES

COUNTY

COMMUNE

TOWN

MUNICIPALITY

Local election

Nomination

Local election

PREFECTURE

PREFECT

(Government

representative)

COUNTY COUNCIL

Chairman

LOCAL COUNCIL

( Deliberative authorities )

MAYOR

( Executive authorities )

LEVELS OF ADMINISTRATION


ADMINISTRATIVE – TERRITORIAL UNITS

Communes: 2,826

Towns: 207

Municipalities: 103

Counties: 41



DEVOLUTION PROCESS

1991

Law no. 18 on the restoration of nationalized land, amended 1998 (169/1998) and 2001 (1/2001)

1991

Law no. 69 on local public administration, amended in 1996 and 2002

1991

Local Election law, amended in 1996

1991

Public Finance law, amended in 1998

1998

Law no. 213 on legal status of public ownership (local financial autonomy and local efficient administration)

1998

Law no. 151 on regional development, setting up eight macro regions, amended by Law 26/2001 and Law 256/2003

1998

Law no. 189 on local public finances, amended by Law 337/2001 and by the Government ordinance 45/2003

1995

Law no. 112 on the restoration of nationalized buildings, amended in 2001 (10/2001)

1999

Law no. 188/1999 on civil servant’s statute

2001

Law no. 215/2001 on local public administration

2001

Law no. 326/2001 on local public community services

2001

Law no. 350/2001 on town and city planning

2004

Law no. 7 – Civil servants behavior code

2004

Law no. 393 – Local elected people statute

2004

Law no. 340 regarding the Prefect statute

2004

Law no. 339 – Decentralization framework law


PRIORITIES FOR THE REFORM OF THE PUBLIC ADMINISTRATION AT THE NATIONAL LEVEL

  • Coherent packages of laws regarding public function

  • Decentralization /deconcentration of the public services

  • Improvement of public finances law framework

  • Settlement of an appropriate institutional framework for preparation and implementation of the reform in public administration

  • Fighting against corruption


RECOMMENDATION OF THE EUROPEAN COMMISSION THE NATIONAL LEVEL

  • Reform of public function – creation of a professional body of public servants based on the principals of professionalism and non political involvement

  • Decentralization and deconcentration – improvement of the public services management at the local level and increase the quality of the services delivered to the citizens. Adequate allocation of responsibilities, resources and legal rights regarding public services

  • Improve the process of public policies creation- creation of the coordination systems and improvement of government management capacity


STEPS MADE BY THE ROMANIAN GOVERNMENT IN THE PUBLIC ADMINISTRATION REFORM UNTILL PRESENT

  • Ministry of Administration and Interior organized a National Forum which aimed to initiate public debates with all actors concerned on the acceleration of the public administration reform and the decentralization process;

  • The consultation process during the eight national and regional meetings of the forum constitute the basis for creation the decentralization strategy in Romania.


FALR PRINCIPLES ON ADMINISTRATION REFORM UNTILL PRESENT

DECENTRALIZATION

  • FALR believes that decentralization will favor the proximity of the citizens to the decision making process.

  • FALR supports a larger degree of devolution of powers to the local authorities and of decentralization and is determined to take action whenever is needed in order to achieve this objective.

  • FALR wishes to be a reliable partner for the Romanian government and for the EU in creating and implementing policies.

  • FALR supports a permanent debate with the government and with the citizens in the process of policy making.

  • FALR supports the implementation in Romania of the concept of “multi-level governance”


ROLE OF FALR IN PUBLIC ADMINISTRATION REFORM ADMINISTRATION REFORM UNTILL PRESENT

  • Assure that the interests of the local public administration are first priority in the central government agenda regarding the strategy and reform of the public administration

  • Defend local democracy and real transfer of power from the central to the local level in a proper manner form administrative, legal and financial point of view

  • Be pro-active in consultation with the government and in showing the local administration point of view

  • Consolidate its role in creating and monitoring the implementation of the public policies


ROLE OF FALR IN PUBLIC ADMINISTRATION REFORM ADMINISTRATION REFORM UNTILL PRESENT

  • Develop a policy agenda-reflective of member common interests- that defines and establishes legislative priorities relating to decentralization policy issues that FALR intends to represent in the future

  • Develop a prioritized Action Plan which should include activities to advance the stated policy agenda and all other FALR strategic initiatives

  • FALR should shift from being a consultant in matters of local government to being a pro-active partner in domestic cooperation and partnership agreements as well as an internationally certified consultant within the EU


CONSULTATION PROCESS ADMINISTRATION REFORM UNTILL PRESENT


CENTRAL GOVERNMENT REFORM REGARDING THE COLLABORATION WITH PUBLIC ADMINISTRATION

Elaboration and implementation of procedures and standard methodologies:

  • Set up technical working groups at the ministerial level;

  • Improve functioning of the committees, commissions and

    working groups;

  • Increase the role of the technical and administrative

    personnel and decrease the political influence in public

    policy making.


Ministries Commissions, Committees and Working groups where FALR is represented

Ministry of Administration and Interior

Ministry of Environment and Water Management

  • Inter-ministerial technical committee and working groups

  • National Institute of Administration – Scientific committee

  • Social Dialog Commission

  • Subcommittee for communal management public services.

  • Subcommittee for public function and civil servants

  • Subcommittee for public order and public safety.

  • Central Unit for Public Administration Reform

  • Working group – Ministry of Administration and Interior/Finance Ministry – PHARE RO 2002/IB/OT/01 Project

  • Basin Committees

Ministry of Finance

  • Inter-institutional Committee for National Development Plan setup

  • Working group regarding local public finances in field of fiscal decentralization

  • Commission for local loan authorizing

RomanianGovernment

Ministry of European Integration

  • Transparency Committee for communitarian founds audit

  • Committee against-poverty and for the Promotion of Social Inclusion


OUTCOMES OF THE CONSULTATION PROCESS AT THE LEVEL OF CENTRAL ADMINISTRATION’S INSTITUTIONS

  • The strategy regarding the decentralization and deconcentration process in Romania elaborated by Central Unit for Public Administration Reform (CUPAR);

  • The strategy regarding the civil servants management elaborated by the National Agency for Civil Servants (NACS);

  • Strategy regarding the in-service training of civil servants – elaborated by National Institute for Administration (INA), NACS and CUPAR.

    Those three strategies together with the strategy regarding public administration informatization where integrated by CUPAR resulting the Romanian Government’s Updated Strategy regarding the acceleration of the public administration reform.


CONSULTATION PROCESS ON SPECIFIC TARGETS ADMINISTRATION’S INSTITUTIONS

Ministries

Legislative acts’ drafts

FALR executive staff

Legislative acts’ drafts

Legislative acts’ drafts

Legislative acts’ drafts

Common resolution on the specific legislative act

Association of Municipalities

Association of Towns

Association of Communes

Proposals on legislative acts

FALR executive staff

3 different proposals on legislative acts

Specialized Commissions


FALR ADMINISTRATION’S INSTITUTIONS

Steering Committee

Sustainable development and public services Commission

Standing

Commission

Culture and education Commission

Social Cohesion Commission

Institutional Commission

FALR

executive staff

FALR SPECIALIZED COMMISSIONS


FALR MAIN ACTIVITIES IN THE CONSULTATION PROCESS ON SPECIFIC TARGETS

  • Modifying the Law no 27/1994 regarding the local taxes and fees; the result of this process is the Government Ordinance no 36/2002, approved by the Romanian Parliament through the Law no 522/2002

  • Modifying the Law 189/1998 regarding the local public finances; the result of this process is the Emergency Ordinance no 45/2003

  • Modifying the Government Ordinance no 70/2002 on the administration of local and county interest public health facilities


FALR MAIN ACTIVITIES IN THE CONSULTATION PROCESS ON SPECIFIC TARGETS

  • Participation in consultation meetings on modifying the legislation regarding public services

  • Through the partnership with ANIAP, FALR contributed to the implementation of the e-administration principles in Romania

  • At this moment FALR representatives are studying, together with the experts from the Ministry of Administration and Interior, the consequences of implementing the first frame Law on decentralization


ADRIAN TEBAN – MAYOR OF CUGIR TARGETS

CONTACT:

Address: 2-4 Izvor street, sector 5, 050563, Bucharest, Romania

Tel: +4-021-402.20.92

Fax: +4-021-402.21.22

E-mail: [email protected]

Web: www.falr.ro


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