IPA 2008 CROATIA PROJECT FICHE SUPPORT TO THE IMPLEMENTATION OF THE GENERAL ADMINISTRATIVE PROCEDURES ACT HR

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1 IPA 2008 CROATIA PROJECT FICHE SUPPORT TO THE IMPLEMENTATION OF THE GENERAL ADMINISTRATIVE PROCEDURES ACT 1. Basic information HR CRIS Number: 2008/ Title: Implementation of the General Administrative Procedures Act 1.3 ELARG Statistical code: Political criteria 1.4 Location: Croatia, Zagreb, Central State Office for Administration (CSOA) Implementing arrangements: 1.5 Implementing Agency: The Central Finance and Contracting Agency (CFCA) is responsible for the tendering, contracting and disbursement of all the project s components in line with DIS principles and the PRAG. The Programme Authorizing Officer (PAO) for the project is: Mrs Marija Tufekčić, Director Address and contact details: Ul. Grada Vukovara 284/ Zagreb Phone: Fax: Beneficiary (including details of SPO): The SPO at the Central State Office for Administration is responsible for the technical management and authorisations associated with the project, including submission of the detailed technical design for the project s components to the CFCA, inputs in relation to the corresponding evaluation of technical offers, plus follow-up contract implementation and monitoring, approval of contract outputs and confirmation to the CFCA that no technical constraints (as opposed to procedural or budgetary constraints) exist in relation to the CFCA s processing contractual payments. The Senior Programme Officer (SPO) for the project is: Mr Antun Palarić, State Secretary Address and contact details: Maksimirska Zagreb Phone: Fax: vzonjic@uprava.hr On a daily basis, the technical counterpart for the project and for reporting to the SPO is: Mrs Bojana Kovačić, Senior Expert Advisor Address and contact details: Maksimirska 63 1

2 Zagreb Phone: Fax: bkovacic@uprava.hr Financing: 1.7 Overall cost (VAT excluded) 1 : 1,666,667 EUR 1.8 EU contribution: 1,500, EUR 1.9 Final date for contracting: 2 years following the date of conclusion of the Financing Agreement 1.10 Final date for execution of contracts: 2 years following the end date for contracting 1.11 Final date for disbursements: 3 years following the end date for contracting 2. Overall Objective and Project Purpose 2.1 Overall Objective: To support the Croatian state in developing a client-oriented public administration through implementing the new General Administrative Procedures Act (GAPA). 2.2 Project purpose: To ensure sustained institutional and professional capacities for timely implementation and efficient enforcement of the new General Administrative Procedures Act (GAPA) at all levels of public administration, as well improving the public awareness of citizens on issues related to GAPA and Public Administration Reform (PAR). 2.3 Link with SAA/2008 NPIEU/2008 AP Link with Stabilisation and Association Agreement The Preamble of the SAA refers, inter alia, to the commitment of the Parties to contribute by all means to the political, economic and institutional stabilization in Croatia, through institution building and public administration reform (SAA, page 14). Link with 2008 National Programme for the Integration of the Republic of Croatia (NPIEU) The NPIEU for 2008 is the annual programme of activities of the Croatian Government to be undertaken towards EU integration. As such the NPIEU also contains measures to which actions in this project would directly contribute. Under the Political Criteria, Chapter 1.2. Democracy and the Rule of Law, Public administration reform, the new General Administrative Procedure Act, which aims at streamlining the administrative procedure, is planned to be forwarded to the Governmental and thereafter Parliament procedure in 2008 (2008 NPIEU, page 30). According to a recent training needs assessment of civil servants conducted in 2007, there is a great interest and need of training, and the assessment affirms that, inter alia, the administrative procedure is a priority field in which 1 The total cost of the project should be net of VAT and/or other taxes. Should this not be the case, the amount of VAT and the reasons why it should be considered eligible should be clearly indicated (see Section 7.6) 2

3 the training is necessary (2008 NPIEU, page 28-29). A key challenge, as identified by the 2008 NPIEU, is the capacity building for implementation of education programme at central and regional level (2008 NPIEU, page 28). The Public Administration Reform Strategy, as envisaged by 2008 NPIEU for adoption by the Government in the first quarter of 2008, has been adopted on 19 March (on Public Administration Reform Strategy see Section 2.6) Link with 2008 Croatia Accession Partnership The Council Decision of 12 February 2008 on the principles, priorities and conditions contained in the Accession Partnership with Croatia and repealing Decision 2006/145/EC (2008/119/EC) identifies renewed priorities for Croatia's accession to the EU, based on the findings of the 2007 Progress Report on Croatia s preparations for further integration with the European Union. The support to the Croatian public administration in developing a client-oriented administrative practice, as proposed by this project, will contribute to the realization of the following key priority of the revised Croatia 2007 Accession Partnership - fully implement public administration reform measures on administrative procedures (3. Political Criteria, Democracy and the rule of law, Public administration, page 54) 2.4 Link with Multi-annual Indicative Planning Document for the Republic of Croatia (MIPD) This project is in line with the following priority of the MIPD : Under the political criteria (first area of intervention under the MIPD), assistance may focus on implementing a fully comprehensive public administration reform covering among other measures the streamlining of administrative procedures... while interfacing these areas with aspects of good governance such as legitimacy, transparency, effectiveness, plurality and accountability. 2.5 Link with Strategic Development Framework The Strategic Development Framework (SDF) was prepared by the Central Office for Development Strategy and Coordination of EU Funds and adopted by the Government in August Under Chapter XI, SDF sets the goals for achieving a competent and effective public administration, which protects public interest and the equality of all citizens and entrepreneurs, while decreasing operating costs, increasing the efficiency, professionalism and knowledge of public administration. (SDF, page 68). 2.6 Link with relevant sectoral strategies and programmes The Public Administration Reform Strategy (PAR Strategy) as adopted by the Government on 19 March 2008 represents the framework for wide-ranging reform actions. One of the fields of the reform, as formulated in the PAR Strategy, is the simplification and streamlining of the administrative procedures. For the achievement of this goal the Strategy envisages a set of activities to be undertaken and namely: the adoption of the new GAPA the education of civil servants and public employees on the implementation of the administrative procedure introduction of special exam on administrative procedure assessment of special administrative procedures as prescribed by special regulation. 3

4 The new organization of civil service which is now in place, enables Croatia to continue the reform process by designing a new administrative procedure legislation and implementing it consistently throughout the public administration. The Strategy for Training and Professional Improvement of Civil Servants (Training Strategy) adopted by the Government of the Republic of Croatia on 6 October 2004, determines that the vocational training and professional improvement should be conceived so as to provide the participating civil servants with the necessary knowledge and skills to efficiently and effectively deliver reliable and predictable administrative actions in an open and transparent operation based on public access and public control. 3. Description of project 3.1 Background and justification: The reform of the public administration is of strategic importance to the overall reform process in the Republic of Croatia and the centrepiece of the permanent efforts of the Government on its way towards the EU. Reliable, open, transparent and citizen-oriented public administration is a constituent part of the good business environment and the prerequisite for assurance of the better standard of all citizens, and also plays an important role in the process of Croatian accession to the EU. Shared principles of public administration among EU Member States constitute the conditions of a European Administrative Space (EAS). The EAS includes a set of common standards for action within public administration which are defined by law and enforced in practice through procedures and accountability mechanisms. In EU Member States these standards, together with principles established by the constitution, are usually embedded in or transmitted by a set of administrative laws, such as administrative procedures acts, administrative process acts, freedom of information acts and civil service laws. The main administrative law principles common to EU Member States, are: 1) reliability and predictability (legal certainty); 2) openness and transparency; 3) accountability and 4) efficiency and effectiveness (European Principles for Public Administration Sigma Papers: No. 27). When developing Croatian public administration the above principles have to be taken into account, since the extent to which Croatia shares these public administration principles and adheres to the standards of the EAS gives an indication of the capacity of its public administration to effectively implement the EU acquis communautaire. This will at the same time assure a more effective and efficient services to citizens, businesses and other subjects. The EC 2007 Progress Report for Croatia noted that limited progress has been made on public administration reform, with developments taking place in the area of human resource management and horizontal training of civil servants (Croatia 2007 Progress Report: 8). The Report highlights the need to reform the current system of administrative procedure, since under the existing GAPA, there are numerous special administrative procedures regulated through sectoral legislation (ibid.). Moreover, according to the Croatia 2007 Progress Report the wide discretionary scope in legislation has lead to inefficiency and legal uncertainty and facilitates corruption (ibid.). The PAR Strategy identifies the deficiencies of the current system of administrative procedure, which dates back as far as 1956 thus representing an outdated view of public 4

5 administration and legislation despite the amendments implemented over time. The analysis showed that in the second instance proceedings and in the administrative judicial proceeding, the administrative acts have been frequently reversed and revoked because of the infringement of the rules of procedure. This leads to inefficiency, unnecessary delays and increases costs for citizens and other public services. For this reason the PAR Strategy prioritizes the adoption of the new GAPA. This is in line with the policy paper defining the underlying principles for the new GAPA adopted by the Government in January 2007, and stating as follows: Facing democratic changes and the new role of citizens towards public administration, which are only partly reflected in the existing law, the new law on general administrative procedure has to be drafted. At present, the draft of the new GAPA prepared within the CARDS 2003 project Support to the Implementation of the Civil Service Reform in Croatia 2 and submitted to the CSOA, is being adjusted by an expert working group at CSOA in order to ensure its full coherence with the Croatian legislative environment and its smooth process of adoption by the end of 2008 by Croatian Parliament. The new draft GAPA promotes the role of civil servants and public employees as competent professionals committed to high quality public service for businesses and citizens. It relies on the capacity of civil servants and public employees to choose appropriate solutions for individual cases, within the meaning and purpose of the law. The new draft GAPA introduces several important innovations geared towards simplification, streamlining and transparency of the administrative procedures. Changes to the system of general administrative procedure not only affect the entire state administration, but also impact the relationships of every citizen and the economy towards the public sector. Therefore, they have inherent strategic importance and carry significant political sensitivity. Considering the magnitude of the impact of the new draft GAPA on the entire administrative system, as well as on the professional role of civil servants and public employees, and on the institutional culture at all levels of public administration, it is necessary to approach its implementation in a systematic manner. In that regard, strengthening the capacity of the CSOA to act as the central body for coordination, management and supervision of the implementation of the new GAPA deserves special attention. The development of a comprehensive training programme as envisaged by the project is vital for improvement of the administrative proceedings, and will contribute to laying the foundation of a professional public administration. Professional public administration delivers efficient, impartial and client-oriented service, and ensures an appropriate legal protection of individual rights and legitimate expectations. Raising of public awareness component of the project not only has the purpose of informing the broad public on the possibilities and benefits of the new system of administrative procedure, but it is at the same time an exercise for the CSOA of a client oriented public administration. Through the public awareness campaign, the CSOA and the state 2 The project team developed a systematic reform approach distinguishing between the policy developments, followed by the phase of law drafting. The policy paper Principles of Public Administration and Objectives of Administrative Procedures drafted by the project team was adopted by the Croatian government in September In January 2007, the Government adopted a policy paper covering the underlying principles for the planned new General Administrative Procedure Act (GAPA). 5

6 administration bodies will gain knowledge and tools to communicate with citizens and businesses. The Government of the Republic of Croatia has established the National Council for the Evaluation of the State Administration with the goal to monitor the political and expert aspects of the State Administration Reform in the Republic of Croatia for the period The Council members are representatives of the Croatian Parliament, the Government, the civil society, trade unions, experts in the field of administration and the National Council for Competition. The Council has to monitor the reform implementation progress, insure political and expert support, evaluate reform results and prepare recommendations to the Government. The Council has although to revise the Strategy and prepare amendments 2 years after the adoption of the Strategy. In September 2008, the National Training Strategy for Officials and Servants in Local and Regional Self-Government Units has been adopted by the Government with the goal to improve the capabilities of the local self-government in providing decentralised services to citizens. The Academia for local democracy has already organised 9 conferences for representatives of local and regional self-government units and 428 representatives participated. In cooperation with the CARDS project 3 trainings for 46 participants were organised for trainers that will be implementing the national strategy mentioned above. The CSOA is the body responsible for the supervision of the implementation of the new GAPA, and accordingly CSOA should develop the training programme for the implementation of GAPA, and ensure that an adequate number of trainers is trained so as to enable the training of all persons applying GAPA consequently laying the foundations of a uniform implementation of GAPA. The CSOA is also the body responsible for the implementation of GAPA at central and regional state level, and the Civil Servants Training Centre within CSOA is responsible for the training of civil servants at central and regional state level. The heads of regional and local self-government units are responsible for the implementation of GAPA at regional and local self-government level, and the newly created Academy for Local Democracy should be the central institution for the management of the education of public officials and employees at regional and local self-government units. Taking into consideration the central role of the CSOA in the supervision in the implementation of GAPA and the prospective mandatory exam of all civil servants and public employees conducting administrative procedure envisaged by the new GAPA, it is essential to secure the material contributions from the state budget for the delivery of training at all levels of public administration. The new GAPA is not a reproduction of an administrative procedure existing in an EU Member State, or an adjustment of such a procedure to the specific Croatian legal context. In contrast, the new GAPA is tailor-made, addressing all particularities of the Croatian legal system and is crafted distinctively to allow a smooth transition to the new model. Accordingly, the assistance should be carried out through technical assistance rather than in form of twinning, since technical assistance will provide the necessary flexibility and specific expertise. Moreover, assistance in form of twinning would 6

7 unnecessarily restrict the number of possible contractors with required expertise for carrying out project activities. 3.2 Assessment of project impact, catalytic effect, sustainability and cross border impact (where applicable) The overall objective of this project is to support the Croatian public administration in developing a client-oriented administrative practice. The implementation of the project will have a positive impact on the overall public administration reform, and will contribute to achieving results in terms of assessment of Croatia s fulfilment of Accession Partnership Political Criteria in the field of Democracy and the Rule of Law, and in particular to fully implement public administration reform measures on administrative procedures. The sustained institutional and professional capacities for timely implementation and efficient enforcement of the new General Administrative Procedures Act (GAPA) at all levels of public administration will have a long-term relevance for the development of the Croatian administrative practice and its integration to the European Administrative Space. The project will produce a set of tools for multi-annual application and therefore their relevance extends well beyond this project. It is expected that the project will contribute to shaping the attitude and behaviour of the civil servants operating within the administrative procedure context, and promote adherence of civil servants to democratic values, ethics and respect of the rule of law. The legal principles established by the new GAPA will be essential as guiding principles for decision-making and performance, and will reduce the likelihood of arbitrary decisions within the legal administrative framework. This project is expected to increase the transparency and accountability of public administration, to improve legal certainty and create confidence of citizens and businesses in public administration. This will strengthen the capacity of citizens and businesses to exercise their rights, which contributes to the prevention of corruption. Finally, the successful implementation of the new GAPA which will set a strong system of legal remedies improving the legal protection of citizens and businesses and speed up the administrative procedure should contribute to the legal reform in the field of justice. The sustainability of the implementation of the new administrative procedure will depend on the continued political support to the public administration reform and public funding for the training of civil servants at central and regional level, as well as regional and local self-government authorities on the new GAPA. There is no cross border impact relating to this project. 3.3 Results and measurable indicators: Result I: CSOA prepared for management of the implementation and efficient enforcement of the new GAPA Operational Plan for the implementation of GAPA approved by the Government Guidelines for the implementation of GAPA for the Unit for the Implementation of GAPA prepared 7

8 Result II: A comprehensive training programme for the implementation and efficient enforcement of the new GAPA designed and implemented Training Needs Assessment carried out and number of trainees defined, specific target groups identified, number of trainers per target group and pilot project framework defined, criteria for identification of regional and local training facilities prepared, criteria for trainer selection prepared Indicative number of training modules for implementation of GAPA developed for target groups A training module for trainers developed Indicative number of 100 trainers trained Regional and local training facilities identified, based on pre-defined criteria Permanent GAPA training established at Civil Servants Training Centre Number of civil servants trained within the pilot training programme. Number of civil servants trained within the pilot training programme will be defined during the Training Needs Assessment activity. Number of trainings carried out at regional and local self-government units and legal entities with public authorities within the pilot training programme. Number of trainings carried out within the pilot training programme will be defined during the Training Needs Assessment activity. Result III: Public awareness of business sector and citizens on the opportunities and benefits enabled by the new GAPA, raised A PR research carried out INFO campaign implemented Citizens and businesses informed on the opportunities and benefits of the new GAPA through 4 public presentations in Osijek, Split, Rijeka and Zagreb Citizens made aware of their rights by a quick reference guide in form of leaflets/brochures containing information on new GAPA Business sector organisations informed on the opportunities and benefits of the new GAPA through a number of meetings held 3.4 Activities: The project activities will be implemented through one Service contract, and cofinancing will be ensured through the Government budget. Component 1. Further improvement of the administrative capacity of CSOA in regard to the implementation of GAPA Activity 1.1. Support to the Unit for the Implementation of GAPA in CSOA to develop the operational plan for implementation of GAPA with exact time line and institutions involved Activity 1.2. Training of civil servants of the Unit for the Implementation of GAPA in CSOA to plan and manage the implementation of GAPA Activity 1.3. Support to the Civil Servants Training Centre in planning and organizing the activities in respect education for the implementation of GAPA Activity 1.4. Design the Questionnaire for citizens for assessment of citizen s satisfaction with the new GAPA. Methodology for carrying out the survey based on Questionnaire will also be proposed by the Contractor. The survey will be used as a basis for recommendations of changes to be made in the implementation of the new GAPA. 8

9 Component 2. Development and implementation of training programme on GAPA Activity 2.1. Carrying out Training Needs Assessment with identification of the number of people to be educated, identification of specific target groups and number of trainers per target group and pilot project framework defined, criteria for identification of regional and local bodies and legal entities prepared, criteria for trainer selection prepared Activity 2.2 Identifying regional and local bodies and legal entities with a view of establishing a training network for regional and local authorities Activity 2.3Produce training plan including all target groups that implement GAPA Activity 2.4 Defining criteria for identification of persons that will participate in the train the trainers programme for target groups that implement GAPA, prepare a proposal of persons based on the candidacy of the bodies that implement GAPA Activity 2.5 Design a training programme and produce educational material for train the trainers programme Activity 2.6 Design training programs and produce educational materials on the implementation of the new system of administrative proceedings for different target groups Activity 2.7 Design a training programme and produce educational material for preparation of the special state expert exam for administrative proceedings Activity 2.8 Carry out Train the Trainers programme Activity 2.9 Carry out the Pilot Training of Civil Servants and Public Employees according to the results of Activity 2.1. Activity 2.10 Implementation of the training of the civil servants based on the results of the pilot project. Activity Train the civil servants responsible for public relations in state bodies about the GAPA. Component 3.Design and implementation of a public awareness campaign on GAPA Activity 3.1. Organizing four public conferences (Rijeka, Split, Osijek, Zagreb) on opportunities and benefits of the new GAPA Activity 3.2. Preparation of information on the GAPA to be delivered to media, internet and other suitable mechanisms made available to citizens and NGO s Activity 3.3. Preparation of information materials on opportunities and benefits of the new GAPA for citizens and distribute it thought central state bodies, offices of state administration in counties, units of local and regional self-government, and legal persons with public authority. All information material (e.g. leaflets, booklets, brochures) prepared Activity 3.4. Preparation of information material (e.g. leaflets, booklets, brochures) on opportunities and benefits of the new GAPA for business sector to be disseminated through their professional associations Activity 3.5. Assist in preparation of a public presentation on the new GAPA at Croatian Bar Association Activity 3.6. To design and set up on the web portal of the CSOA a comprehensive information on the implementation of the new GAPA with the text of the law 3.5 Conditionality and sequencing: Resources for the implementation of the project will include four staff in the Unit for Implementation of GAPA in the CSOA. The co-financing provided by the Croatian Government will equal 10% of the EU contribution. The precondition for this project is the timely adoption of the new GAPA by the Parliament. 9

10 A prerequisite to achieving expected results in this project is the availability and involvement of sufficient number of CSOA staff, well trained and motivated for carrying out the project activities. To a large extent this precondition depends on the CSOA executive management taking active part in the implementation of the new GAPA by ensuring implementation of adequate organizational measures and allocation of sufficient human and financial resources for the process. Preconditions should be fulfilled before the publication of the procurement notice. 3.6 Linked activities Previously implemented activities: CARDS 2001: Public Administration Reform: Support to the Reform of the Civil Service (1,5 m ) CARDS 2003 Support to Implementation of the Civil Service Reform Programme (1,7 m ) 2005 UK Foreign and Commonwealth Office: Support to Public Administration Reform (0,15 m ) Denmark s Pre-accession Assistance to Croatia Public Sector Capacity Development (I) (1,8 m ) Technical Assistance Loan II World Bank project- consultancy services for functional reviews and pilot project in the Republic of Croatia (0,18 m ) Current and prospective activities: CARDS 2003 Capacity Strengthening for Administrative Decentralization (1,5 m ) HITRORez (Regulatory guillotine) financed by the Government of Republic of Croatia, USAID, UNDP, FIAS, Croatian Chamber of Economy, Croatian Chamber of Crafts, Croatian Employers Associations IPA 2007 Development of Regulatory Impact Assessment Swedish International Development Agency (SIDA) and International Bank for Reconstruction and Development (IBRD): Grant for Public Administration Reform Functional Review of Ten Central State Administration Bodies and their Supporting Agencies and in Five Selected Counties State Offices for Administration (0.6 m ). It is planned to request support from SIGMA to ensure that the results of the current SIDA/World Bank project on functional review of ten central state administration bodies and their supporting agencies as well as in five selected counties state offices for administration are applicable in institutions that are considered the key stakeholders in the implementation of GAPA. SIDA/World Bank project is scheduled to end on 31 November 2008 and the functional review should be expanded so as to take into consideration the new tasks and functions resulting from the new GAPA Denmark s Pre-accession Assistance to Croatia Public Sector Capacity Development (II) (1,6 m ) The amount of approximately 135, EUR will be deployed for the purpose of identifying the special administrative procedures to be amended/repealed and for proposing the most efficient method of harmonization of these procedures with the new GAPA. 3.7 Lessons learned 10

11 The experience from the previous CARDS 2001 Public Administration Reform project shows that the future success of the project requires a structured and authoritative institutional framework in which the project will operate. Thus, the CSOA executive management taking active part in the implementation of the new GAPA by ensuring implementation of adequate organizational measures and allocation of sufficient human and financial resources for the process is essential to the success of the project. The experience from the previous CARDS 2003 Support to Implementation of the Civil Service Reform Programme project shows that close and effective cooperation between all stakeholders in the project is vital for the smooth project implementation. In order to ensure a broad support and make use of all available sources of expertise and experience, involving as many as possible Croatian and international organisations and individuals that should actively participate in the implementation of the new GAPA, is recommended. The prospective organisations and individuals should include responsible policy-makers at different political levels, experts/advisors from various organisations (academy, Croatian Bar Association, Croatian Chamber of Economy etc.), and civil servants implementing GAPA on a day to day basis. 11

12 4. Indicative Budget (amounts in EUR) SOURCES OF FUNDING TOTAL EXP.RE TOTAL PUBLIC EXP.RE IPA COMMUNITY CONTRIBUTION NATIONAL PUBLIC CONTRIBUTION PRIVATE CONTRIBUTION ACTIVITIES IB (1) INV (1) EUR (a)=(b)+(e) EUR (b)=(c)+(d) EUR (c) % (2) Total EUR (d)=(x)+(y)+(z) % (2) Central EUR (x) Regional/ Local EUR (y) IFIs EUR (z) EUR (e) % (3) Activity 1 X % % contract 1.1 TOTAL IB % % TOTAL INV TOTAL PROJECT % % Amounts net of VAT (1) In the Activity row use "X" to identify whether IB or INV (2) Expressed in % of the Public Expenditure (column (b)) (3) Expressed in % of the Total Expenditure (column (a)) 12

13 5. Indicative Implementation Schedule (periods broken down per quarter) Contracts Technical Assistance Start of Signature of Project Tendering contract Completion 1 st rd rd 2011 All projects should in principle be ready for tendering in the 1 st following the signature of the FA. 6. Cross cutting issues (where applicable) 6.1 Equal Opportunity Based on the fundamental principles of promoting equality and combating discrimination, participation in the project will be guaranteed on the basis of equal access regardless of gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation. Specifically in relation to the issue of equality between men and women, Croatia s population (2001 census) comprises 51,87% women and 48,13% men, with 45,31% women and 54,69% men in active employment (based on the Labour Force Survey statistics, conducted in accordance with ILO methodology, for the second half of 2002). All contractors shall be requested to provide monitoring data recording the participation of men and women in terms of expert inputs (in days) and of trainees/beneficiaries benefiting under the project (in days) as an integral component of all project progress reports. 6.2 Environment Not applicable 6.3 Minorities Based on the fundamental principles of promoting equality and combating discrimination, participation in the project will be guaranteed on the basis of equal access regardless of gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation. 13

14 ANNEXES 1- Log frame in Standard Format 2- Amounts contracted and Disbursed per over the full duration of Programme 3- Description of Institutional Framework 4 - Reference to laws, regulations and strategic documents: Reference list of relevant laws and regulations Reference to AP /NPAA / EP / SAA Reference to MIPD Reference to National Development Plan Reference to national / sector investment plans 5- Details per EU funded contract (*) where applicable: 14

15 ANNEX 1 - Logical framework matrix in standard format IMPLEMENTATION OF THE GENERAL ADMINISTRATIVE PROCEDURES ACT Programme name and number IPA 2008 Contracting period expires: Central State Office for Administration 2 years following the date of conclusion of the Financing Agreement Total budget: 1,666,667 Overall objective Objectively Verifiable Indicators Sources of Verification [Cris number] Disbursement period expires: 3 years following the end date for contracting IPA budget: 1.5 million To support the Croatian public administration in developing a client-oriented public administration Successful completion of accession negotiations political criteria Assessment of Croatia s fulfilment of Accession Partnership criteria (3. Priorities, Political Criteria, Democracy and the Rule of Law, Public Administration Fully implement public administration reform measures on administrative procedures) EC regular reports on Croatia s progress towards Accession MIPD Project purpose Objectively Verifiable Indicators Sources of Verification Assumptions To ensure sustained institutional and professional capacities for timely implementation and efficient enforcement of the new General Administrative Procedures Act (GAPA) at all levels of public administration. Statistics of the CSOA EC regular reports Number of reversal/revocation of first instance administrative decisions significantly reduced in the period after the implementation of the project Results of the questionnaires showing the satisfaction of citizens and business sector with the implementation of the new GAPA Unit for the Implementation of GAPA established at CSOA and adequately staffed ( 4 staff) Functional review of central state bodies (new tasks and functions resulting from the new GAPA) has been completed before the implementation of GAPA 15

16 Results Objectively Verifiable Indicators Sources of Verification Assumptions 1. CSOA prepared for management of the implementation and efficient enforcement of the new GAPA Operational Plan for the implementation of GAPA approved Guidelines for the Implementation of GAPA for Unit for the Implementation of GAPA prepared Government Decision on approval of the Operational Plan CSOA executive management takes active part in implementation of GAPA Unit for the Implementation of GAPA at the CSOA fully staffed with qualified civil servants and operational 2. A comprehensive training programme for the implementation and efficient enforcement of the new GAPA designed and implemented Training Needs Assessment carried out and number of trainees defined, specific target groups identified, number of trainers per target group and pilot project framework defined, criteria for identification of regional and local bodies and legal entities prepared, criteria for trainer selection prepared Indicative number of training modules for implementation of GAPA developed for target groups A training module for trainers developed 16

17 Indicative number of 100 trainers trained Regional and local training facilities identified, based on pre-defined criteria Permanent GAPA training established at Civil Servants Training Centre Number of civil servants trained within the pilot training programme. Number of civil servants trained within the pilot training programme will be defined during the Training Needs Assessment activity. Number of trainings carried out at regional and local selfgovernment units within the pilot training programme. Number of trainings carried out within the pilot training programme will be defined during the Trainin Needs Assessment activity. 3.Public awareness of business sector and citizens on the opportunities and benefits enabled by the new GAPA, raised A PR research carried out INFO campaign implemented Citizens and businesses informed on the opportunities and benefits of the new GAPA through 4 public presentations in Osijek, Split, Rijeka and Zagreb 17

18 Citizens made aware of their rights by a quick reference guide in form of leaflets/brochures containing information on new GAPA Business sector organisations informed on the opportunities and benefits of the new GAPA through a number of meetings held Activities Means Specification of costs Assumptions 1. Capacity building of CSOA component 1.1. Support to the Unit for the Implementation of GAPA in CSOA to develop the operational plan for implementation of GAPA with exact time line and institutions involved 1.2. Training of civil servants of the Unit for the Implementation of GAPA in CSOA to plan and manage the implementation of GAPA 1.3. Support to the Civil Servants Training Centre in planning and organizing the activities in respect education for the implementation of GAPA 1.4. Design the Questionnaire for Technical assistance/contract (service) 1 Contract (Service) 1,666,667 Project documentation prepared on time Availability of sufficient staff, well trained and motivated for carrying out project activities 18

19 assessment of citizen s satisfaction with the new GAPA 2. Training Component 2.1. Carrying out Training Needs Assessment with identification of the number of people to be educated, identification of specific target groups and number of trainers per target group and pilot project framework defined, criteria for identification of regional and local bodies and legal entities prepared, criteria for trainer selection prepared 2.2 Identifying regional and local bodies and legal entities with a view of establishing a training network for regional and local authorities 2.3Produce training plan including all target groups that implement GAPA 2.4 Defining criteria for identification of persons that will participate in the train the trainers programme for target groups that implement GAPA, prepare a proposal of persons based on the candidacy of the bodies that implement GAPA 2.5 Design a training programme and produce educational material 19

20 for train the trainers programme 2.6 Design training programs and produce educational materials on the implementation of the new system of administrative proceedings for different target groups 2.7 Design a training programme and produce educational material for preparation of the special state expert exam for administrative proceedings 2.8 Carry out Train the Trainers programme 2.9 Carry out the Pilot Training of Civil Servants and Public Employees according to the results of Activity Implementation of the training of the civil servants based on the results of the pilot project Train the civil servants responsible for public relations in state bodies about the GAPA. 3. Public information and communication Component 3.1. Organizing four public conferences (Rijeka, Split, Osijek, Zagreb) on opportunities and benefits of the new GAPA 3.2. Preparation of information on the GAPA to be delivered to 20

21 media, internet and other suitable mechanisms made available to citizens and NGO s 3.3. Preparation of information materials on opportunities and benefits of the new GAPA for citizens and distribute it thought central state bodies, offices of state administration in counties, units of local and regional selfgovernment, and legal persons with public authority 3.4. Preparation of information material on opportunities and benefits of the new GAPA for business sector to be disseminated through their professional associations 3.5. Assist in preparation of a public presentation on the new GAPA at Croatian Bar Association 3.6. To design and set up on the web portal of the CSOA a comprehensive information on the implementation of the new GAPA with the text of the law 21

22 Precondition The precondition for this project is the timely adoption of the new GAPA by the Parliament. 22

23 ANNEX 2 - Amounts contracted and Disbursed per over the full duration of Programme Contracted 2 nd 1 st 3 rd 4th 5th 6th 7th 8th 9th 10th 11th Cumulated Cumulated Disbursed 2 nd 1 st 3 rd 4th 5th 6 th 7th 8th 9th 10th 11th Cumulated TA Cumulated

24 ANNEX 3 - Description of Institutional Framework The project will be conducted by the Unit for the Implementation of GAPA, Central State Office for Administration (CSOA). It is expected that the project will support the civil servants at central and regional level, as well as regional and local self-government authorities in implementing the new administrative proceedings. A Project Steering Committee (SC), consisting of the CSOA, the Central Financing and Contracting Agency (CFCA) and the representatives of the European Commission s Delegation to Croatia, will be establish upon the project start. The CSOA s core PIU will assure project coordination and implementation through the project cycle and will monitor on a regular basis the progress of the project activities. 24

25 ANNEX 4 - Reference to laws, regulations and strategic documents: Stabilisation and Association Agreement between the European Communities and their Member States and the Republic of Croatia (2001/0149 (AVC) Council decision on the principles, priorities and conditions contained in the Accession Partnership with Croatia and repealing Decision 2006/145/EC (5122/08) Multi-annual Indicative Planning Document (MIPD) for the Republic of Croatia, The Central Office for Development Strategy and Coordination of EU funds, version of 1 April 2008, provided by CODEF National Program for the Integration of the Republic of Croatia into the European Union 2008, Government of the Republic of Croatia, available at Strategic Development Framework for of the Government of the Republic of Croatia, available on the web site of the Central Office for Development Strategy and Coordination of EU funds at Public Administration Reform Strategy , Government of the Republic of Croatia, adopted on 19 March 2008, available at Strategy for Training and Professional Improvement of Civil Servants, Government of the Republic of Croatia, adopted on 6 October 2004, available at CARDS 2001 Public Administration Reform Final Report on the CARDS 2001 project, implemented by a consortium led by the British Council in the period 25 November December 2004 CARDS 2003 Support to Implementation of the Civil Service Reform Programme. Final Report on the CARDS 2003 project, implemented by a consortium led by the British Council in the period 24 January January Smjernice za izradu novog Zakona o općem upravnom postupku (Political Guidelines for the Legislation of the General Administrative Procedures), Government of the Republic of Croatia, adopted on January 25, 2007 available at 25

26 ANNEX 5 - Details per EU funded contract (*) where applicable: The team shall be led by a team leader, who shall be a person with the thorough understanding and specific expertise in the institutional capacity building. One key expert for each project component, thus a total of three key experts is required. Several short-term experts may be contracted as required by the project activities. It is expected 800 expert days for the total duration of the project. 26