Strategies, tools and capacities for administrative simplification Cairo, 20-21 June 2007

1. Strategies, tools and capacities for administrative simplification Cairo, 20-21 June 2007 Prepared by: André J. Amiouni

2. SIMPLIFICATION A Definition We can define Simplification as the option which allows the Public Administration to reform its regulatory environment through a sequential process of regulatory review by means of deregulation and re-regulation.

3. SimplificationWhat it should not be: Simplification is supposed not to be : • pure and simple deregulation • isolated and ad hoc action without concern for aggregate effects • a reform initiative disconnected from a process of global Regulation

4. SIMPLIFICATIONWhat it should be • a process of updating and reviewing existing regulation with an eye to improving effectiveness of administrative structures and regulations • recourse to alternative remedies ( normative and non normative), • flexible management with concern to optimal allocation and use of existing resources according to realistic assessment of needs and costs for all (service users and providers) • simple, clear and accessible normative texts, • reduction of number of rules and formalities with n eye to the real scope of regulations • closer interdependence with Government policy orientations and sectoral scopes and priorities.

5. SIMPLIFICATION : Why should it be undertaken ? • To improve economic performance • To improve effectiveness and efficiency • To enhance democratic values such as openness, self reliance, public participation and responsiveness • To reduce the chances of corruption within the P.A. Generated by uncertainty on the applicable rules and procedures

6. 12-month action plan scheduled for completion for June 2002 • Review and simplification of a number of procedures • A package of 22 procedures (9 for Public Health and 13 for Urban Planning) • Capacity building of OMSAR staff, in view of long term simplification • A team of 5 full time and 3 part time OMSAR staff • The Support structure for the implementation of the action plan • Interdepartmental Task Force for Simplification and Better Regulation

7. Policy formulation for Simplification, De-regulation and De-bureaucratisation • Preparation of a Policy Declaration Setting policy guidelines specifically indicating the Government line of action on Simplification • Preparation of a normative text Setting a legal framework regulating simplification activities • Preparation of a manual of Administrative Procedures • Definition and Implementation of an Annual Programme for interdepartmental simplification and de-bureaucratisation

8. Policy framework and Selection of Procedures • search for new procedures to simplify so far looks like an haphazard exploration • adoption of clearer rules and transparent formal policies • establishment of policy and analysis units in each Ministry • Consultation with citizen/clients consumer groups, civil society

9. The interdepartmental approach to simplification and de-bureaucratisation • scanning of the relevant elements of a procedure in its wholeness • looking for possible links with other related procedures • working on three main areas: • analysis of the requirements (applications, certificates, supporting documents etc…) • analysis of the management of the procedure (steps, competencies and jurisdiction, distribution of tasks etc..) • analysis of the quality of rules governing a given procedure in order to verify the clarity, accessibility of rules, eventual normative gaps or overlaps

10. The interdepartmental approach to simplification and de-bureaucratisation (cont.) • Collect and study regulations and documentation concerning the selected procedures • Evaluate related or subsidiary procedures concerning other branches of public management • identify and evaluate the remedies and definitions of specific measures and alternative solutions • develop recommendations for the Simplification

11. Variations on the Recommendations for Simplification • Recommendations include: • proposals for modifications of the existing regulations • integration of old regulations with new ones • interpretation of the existing legislation in function of the correct application of procedures • interpretation of the existing practice and rules governing the execution of the procedures • Redistribution of the responsibilities or the devolution of tasks and functions • Integration of the normative texts in consolidated regulations

12. The Simplification of Procedures and the Achievements • A total of 23 formalities (10 for the MoPH and 13 for the GD for Urban Planning) • Urban Planning Permits: Construction; Occupation; Renovation; Additions; Renewal; Land certification; land readjustment; Lien Hold; construction for displaced; Reversal of expropriation decisions, Construction and exploitation of classified institutions and farms; construction of over 40 sq meter facade

13. The Simplification of Procedures and the Achievements (cont.) • Health Ministry Permits: Pharmacist; Medical Specialist; Pharmacy; Health Facility; Registration And Pricing Of Pharmaceuticals; Import Of New Medicaments; Indemnity To Disabled Orphans; Dialysis Patients

14. The Simplification of Procedures and the Lessons Learned • The administrative environment and the constraints which contribute to procedural complexity and operational inefficiency: • An overall non-citizen-friendly and non-service-oriented combination of formalities • Formalities primarily conceived to pursue fraud a priori rather than safeguard public interest • Procedures involve different levels of the Public Administration without assigning to any one the task to take final decision • Subjective interpretation of the existing regulations resulting in the unjustified duplication of controls

15. The Simplification of Procedures and the Lessons Learned (cont.1) • The administrative environment and the constraints which contribute to procedural complexity and operational inefficiency: • Inadequate interaction among branches and levels of the administration • Red tape sustained by a volume of documents more often with little justification • Inadequate separation between the functions of documentation/ permit processing and communication between the staff • Formalities that seem to progress along a tortuous path with recurrent return of the documentation to the starting registration point

16. The Simplification of Procedures and the Lessons Learned (cont.2) • The administrative environment and the constraints which contribute to procedural complexity and operational inefficiency: • files processing conducted in sequential manner (the subsequent step can only start upon completion of the previous one) • Controls focus on the verification of documents with no direct inspection of the situations that those documents certify • Phased and split issuing of permits (i.e. advance permits, temporary and permanent permits etc..)

17. The Simplification of Procedures and the Lessons Learned (cont.3) • The administrative environment and the constraints which contribute to procedural complexity and operational inefficiency: • frequent contradictions within the same office about the applicable rules in specific procedures • presence of regulatory vacuum for which regulatory action is particularly needed • asynchrony between the work of OMSAR team and the regulatory activities of certain ministries

18. Bullet Points For Action To Enhance The Effectiveness Of Simplification • Adopt a formal policy on simplification and better regulation • Adopt clear and transparent rules on simplification and better regulation • Define a global long term strategy for the institutional reform and modernisation of the Public Administration with attention to simplification and better regulation • Establish Policy units in each ministry with tasks in simplification and better regulation (Regulatory Impact Analysis)

19. Bullet Points For Action To Enhance The Effectiveness Of Simplification (cont.2) • Codify principles and standards in support of administrative modernisation and simplification through the adoption of a code of administrative procedures • Define appropriate instruments for obtaining the commitment to implement simplification and ensuring its automatic application • Develop annual plans of simplification on the basis of a consensual acceptance from the political and administrative institutions of Lebanon • For assistance in the implementation of the proposals already made, new human resources need to be added with clear allocation of tasks and time to staff • Control over the timely circulation and distribution of reports to be closely monitored