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Learning to build Europe. This presentation is inspired by materials produced by T. Malterud and T. Henökl, EIPA Maastricht, Unit 2. Administrative Requirements and Process Management Aspects of Law Approximation by Peter Goldschmidt Director European Centre for Judges and Lawyers.

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Learning to build Europe

This presentation is inspired by materials produced by T. Malterud and T. Henökl, EIPA Maastricht, Unit 2

Administrative Requirements and

Process Management Aspects of

Law Approximation

by Peter Goldschmidt

Director

European Centre for Judges and Lawyers


Something you should know about EU Law Approximation:

We are working on the border

between

National Interests, Policies and Administration

and

International Obligations


  • Starting Points

  • Approximating national law to that of the EU is, in itself, a project

  • The successful completion hereof requires

    • a clearly defined project

    • clearly defined objectives

    • a clear plan (who does what ? how ? & by when ?)

    • appropriate resources and dedicated management

  • Objectives of Session

  • To introduce Project Cycle Management methodologies as a law approximation management tool

  • To provide inspiration for tools and methodologies to be applied in order to improve the law approximation process



  • Defining the Project

  • A Project is :

  • a series of actions/activities

  • aimed at bringing about clearly specified objectives

  • within a defined time-period, and

  • within a defined budget

  • A Project should also have

  • clearly identified stakeholders (primary target group, beneficiaries/subjects, indirectly affected parties, etc)

  • clearly defined co-ordination arrangements, manage-ment responsibilities, human and financial resources

  • a monitoring and evaluation system

  • an appropriate level of impact assessment, including financial and economical analysis, to ensure the project’s benefits will exceed its costs



The

Project Cycle Management

approach highlights three main principles:

  • Decision-making criteria and procedures are defined for each phase (incl. key information requirements and quality assessment criteria)

  • The phases in the cycle are progressive : Each phase must be completed before the next can be dealt with successfully

  • New programming and project identification draws on the results of monitoring and evaluation as part of a structured process of feedback and institutional learning


The four phases of

Project Management

  • Identification (analysis)

  • Formulation (project design - planning)

  • Roll-Out (implementation of plan)

  • Evaluation (assessment)


phase 1

identification phase


Project Cycle Management

IDENTIFICATION PHASE

  • Identification of task

  • Stakeholder analysis (profile of the main players, incl. subjects, beneficiaries, interested 3rd parties, administra-tions & enforcement bodies, etc)

  • Problem analysis (profile of likely problems, incl. cause and effect relationships)

  • Analysis of objectives (will / can it lead to an improved situation in the future?)

  • Analysis of strategies (comparing different options to address a given situation)


Project Cycle Management

IDENTIFICATION PHASE - Exercise

  • Identification of task, e.g.: (mutual) recognition of nurses educated in EU Member States

  • Stakeholder analysis (profile of the main players)

  • Problem analysis (profile of likely problems)

  • Analysis of objectives (will / can it lead to an improved situation in the future?)

  • Analysis of strategies (comparing different options)


phase 2

formulation phase


Project Cycle Management

FORMULATION PHASE

  • The results of Phase 1 (analysis) are transcribed into a practical and operational plan ready to “roll-out” (= to be implemented)

  • How ?

  • A logframe matrix is prepared. This will automatically lead to further analysis and refinement of ideas;

  • Activities and resource requirements are defined and scheduled; and

  • A budget is prepared


Project Cycle Management

FORMULATION / PLANNING PHASE

  • Developing Logical Framework Framework matrix:

    • defining project structure

    • testing the project’s logic and risks

    • formulating measurable indicators of success

  • Activity scheduling:

    • determine sequence and dependency of activities

    • estimate duration of activities

    • assign responsibility

  • Resource scheduling:

    • based on activity schedule, develop input schedules (= what is needed when...and by whom)

    • develop budget (= allocate necessary financial resources at the right time)


Project Cycle Management

PHASE 2 : THE LOGFRAME MATRIX


Project Cycle Management

PHASE 2 : THE LOGFRAME MATRIX– Exercise

(recognition of nurses educated in EU MS)


Challenges when transposing accurately and on time
Challenges when transposing accurately and on time

Project Cycle Management

Phase 2 – PLANNING LAW APPROXIMATION

Interpret legislation accurately

Provide clarity and certainty

Prepare for implementation

Government through the

responsible ministry/ department

Avoid over- implementation

Coordinate with stakeholders

Meet transposition deadlines

Pressure from Europe

National pressure


phase 3

roll - out phase


Project Cycle Management

ROLL-OUT PHASE

  • Objectives of Roll-Out phase

  • Deliver the results, achieve the purpose and contribute effectively to the Overall Objective of the project;

  • Manage the available resources efficiently; and

  • Monitor and report on progress

  • Main Stages of Implementation

  • Inception Period

  • Roll-Out Period

  • Phase Out Period

--> a learning process -->


Project Cycle Management

Roll-Out Phase

DECISION OPTIONS

  • Continue as planned;

  • Revise plans (budget/resource allocation, activities and possibly even results, etc.) in light of experience gained through project monitoring; or

  • Discontinue the project (in extreme cases...and not relevant in law approximation projects if EU membership quest is serious)


phase 4

evaluation phase


Project Cycle Management

EVALUATION PHASE

Definitions


Project Cycle Management

PHASE 4 – Evaluation Criteria


phase 4

cont’d

Specific evaluation criteria for

law approximation


Project Cycle Management

EVALUATION OF APPROXIMATED LAWS

  • Beware of Over- (or under-) Implementation

  • “Gold-plating” (extending the scope of national law compared to the EU law being approximated)

  • “Double-banking” (overlapping btw new approximated law and existing legislation)

  • “Regulatory creep” (e.g. lack of clarity of and/or differences between objectives of the EU legislation and the approximated national law)



Law Approximation Recommendations

  • Setting higher national standards than in the approximated EU legislation must be

    • allowed in the latter (e.g. minimum directives),

    • objectively justified, and

    • equally applicable to nationals and EU nationals

  • Regulate at the lowest possible level (closest to citizens while ensuring legal certainty and equality)

  • Avoid initiation of national legislation simultaneously with EU law initiatives

  • Work with national and “international” stakeholders and partners

  • Create systems for knowledge & experience exchange between experts/negotiators/implementers

  • Train the implementers

  • Create a system for continuous post-implementation review

!


Learning to build Europe

www.eipa.eu

Peter Goldschmidt (DK)

Director

Tel. +352 426 230 1Fax +352 426 237email [email protected]

This presentation is inspired by materials produced by T. Malterud and T. Henökl, EIPA Maastricht, Unit 2


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