THE DYNAMICS OF PUBLIC SECTOR REFORM Reflections from the Italian Experience

1
THE DYNAMICS OF PUBLIC SECTOR REFORM
Reflections from the Italian Experience

• Franco BASSANINI
• Member of Italian Senate
• Former Minister for Public Administration
• 2nd Quality Conference for Public Administrations
• Copenhagen, October 2-4, 2002
• www.bassanini.it

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The urgent needfor change

• the modern democracy reasons
• the modern economy reasons
• the globalisation reasons

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1- the  modern democracy reasons

• Increasing demand of effectiveness of
  democratic values from citizens/businesses
• New public goods besides legality (i.e.,
  efficiency, transparency, accountability)

• the sunset of the traditional relationship of
  authority (and of a self-referential P.A.)
• the shifting of the barycentre of
  Administrative Law from the administrative act
  to the administrative relationship between
  citizens and P.A.

• from the pursuance of the legitimacy of a
  public regulation or act to the pursuance of
  its utility
• from an authority-oriented to a consumer-
  and performance-oriented Public Administration

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2- the  modern economy reasons
Increasing role of Public Institutions to boost
economic growth, also in the new economy

• Some concrete examples of economic effects of
  Administrative Reform programmes
• USA burdens of bureaucracy on business of 500
  billion USD (about 10 of GDP) Clinton-Gore
  Reinventing Government program produced savings
  between 42 and 54 billion USD
• EU burdens of bureaucracy on business of 540
  billion Euro (about 3-4 of GDP) Single Market,
  enhancing competition and substituting single
  national requirements with single European ones,
  improved European GDP by about 1,5 between 1987
  and 1993
• ITALY Citizens savings annual savings for
  certificates and certified signatures due to
  self-certification program (in million Euros)
  527 in 1998, 544 in 1999, 1128 in 2000 Business
  savings after the one stop shop and other
  simplifications, the number of procedures needed
  to create a new corporation or an individual
  business had been reduced from 25 to 5 and
  maximum time needed for the whole process dropped
  from 22 to 10 weeks. Costs were reduced from
  7,700 to 3,500 Euros for corporations and from
  1,150 to 500 Euro for individual business

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3 - the  globalisation  reasons

• Rapid development of ICT
• Increasing role of international enterprises
• Competition between Continental-systems (more
  than between Country-systems)

decreasing importance of national borders
Influence of the different performances of
national public administrations for every
Country, the quality of national regulation and
the efficiency of public administration are
factors of competitiveness
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Not a single model for an Administrative Reform,
but

• Not a single model
• (nor a single Italian recipe), but
• some common characteristics
• some common basic ingredients
• some common problems

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Not a single model, but . some common
characteristics

• The sunset of the lawyers monopoly (growing
  awareness of the strong impact of P.A. on
  citizens lives and on economic activities)
• Lack of relevance of the national peculiarities
  of constitutional systems towards Regulatory and
  Administrative Reforms
• Growing attention of the main international
  organizations (UN, OECD, IMF, WTO) on Governance
  and Regulatory Reform issues

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Not a single model, but some common basic
ingredientsfor an Administrative Reform

• A specific policy (e.g., through specific P.M.
  delegations to the Minister for P.A.) and a
  sustained political support for Administrative
  Reform (but also emphasizing its bipartisan
  nature)
• A multidisciplinary approach
• Clear objectives and measurement of results
• Involving citizens, business and other
  recipients
• Creation of a public management capacity
  building
• Similar tools also for Regional, Local and
  Independent Authorities

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The Italian case

• A useful experience to draw some general
  conclusions from

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Public Administration in Italy in the early
Nineties

• An obsolete administration no government-wide
  reforms since 1865
• A bureaucratic, interventionist, rigid and
  centralized State
• An inefficient administration islands of
  excellence in a sea of general inefficiency
• A costly administration crucial need to balance
  the budget and reduce public debt

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Italian public debt up to 1994 ( of GDP)
Source Italy - Ministry of the Treasury
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Public Administration Reformin Italy
1996-2001Reasons of interest

• A Government-wide Reform
• based on a multidisciplinary approach
• completely achieved in its laws and decrees,
  still partially implemented
• that has produced remarkable changes
• Up to now, recording many successful
  experiences and some failures

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Public Administration Reformin Italy
1996-2001Reasons of interest

• Positive returns some examples

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Customer Satisfaction of Positive Opinions
about Italian Administrations Efficiency
1997-2001 (SourceISPO)
15
Revenues from Privatization in OECD Countries
(1993 - 1999)
Source OECD
16
Progress in regulatory capacity indicators,
1998-2000
Source OECD, The Regulatory Reform in Italy,
2001.
17
Effects of Regulation on Competitiveness
Better Competitiveness 0 (down on the left)
Source OCDE 1999 et 2001
18
Costs of public employees ( of GDP)
Source OECD and Minister of Treasury
19
Public employmenta comparison between France and
Italy
20
Public Deficit ( of GDP)
Source ISTAT
21
Public Debt ( of GDP)
Source ISTAT
22
SimplificationNumber of Certificates issued per
year
Source Italy Department f Public Administration
23
SimplificationNumber of Certified Signatures
requested by the Public Administrations (per year)
Source Italy Department f Public Administration
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Simplificationthe Peoples Opinion
Do you know that in most cases all you need is a
self-declaration?
Do you think it is useful?
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Italian Administrative Reform

• Lessons learned

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1- Totally inefficient Administrations are
easier to reform

• The need for change drives large calls for reform
  and consequently a large consensus on radical
  projects of reform among
• Public
• Business
  
• Trade Unions
• Parliament (a bipartisan reform)
• States with efficient administrations (e.g.
  France) usually face greater difficulties in
  projecting radical reforms (the more inefficient
  an administration is, the easier is to have
  consensus for reforming it)

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2- Comprehensive reform efforts are more
effective than piecemeal processes Sectional
reforms are most likely to fail

• The Italian case
• During XX Century
• any attempt of reform in Italy failed because of
  its gradualist approach
• the system had grown only by adding layers
• In the late 1990s
• the first Government-wide Reform since 1865
  succeeded for its comprehensive character

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Italy 1996-2001 A Comprehensive Reform

• Wide range of approaches
• Reshaping of the State
• Modernisation of organisational structures and
  functions
• Innovation in the delivery of public services
• Renewal of the culture of public institutions
• Reinvention of the mission of public bodies

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Italy 1996-2000A comprehensive Reform involving
radical changes in the following main areas

• Refocusing public sectors mission (devolution,
  outsourcing and administrative federalism)
• Simplifying regulatory and administrative burdens
• Reorganization of Central Government
• Civil Service Reform

• Towards a performance-oriented public sector
  management
• New Public Budgeting
• A more transparent and comprehensible Government
• Reshaping Government through ICT (e-Government)

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The Main Legislative Tools of Reformin the
Italian Experience

• A broad delegating law (legge delega) n. 59 of
  1997
• Parliament delegates Government the power to
  adopt legislative decrees (primary level
  regulation) in defined areas, pursuant to the
  principles set by the law
• The delegislation mechanism
• Parliament authorizes Government to substitute
  primary laws with Governmental decrees (secondary
  level regulation) in two main sectors
  administrative procedures and organization of
  public offices
• A Constitutional Reform shaped following the
  model of the federal States

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3- The Reform must reinvent the Governments
Organisation but also (or before) reconsider the
Governments Missions

• Horizontal Subsidiarity
• and
• Devolution
• for a leaner but more efficient State

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Horizontal subsidiarity for a leaner but more
efficient State

• focusing Government on its core business
• closing unnecessary Government activities
• outsourcing and/or privatizing activities that
  can be more efficiently undertaken by the private
  sector (business and non-profit organizations)
• liberalization of public utilities

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Liberalization and Privatization (Italy)

• Liberalization. Some examples
• 231 fixed telecommunication licenses and 174
  telephone operators instead of Telecom Italia
  monopoly
• unbundling of local loop from end 2001
• from ENEL (public owned company now partially
  privatized) monopoly of electricity market (90
  in 1990) to free competition (Enel obliged to
  drop under 40 in 2003)
• Liberalization of commercial activities and of 30
  other productive activities (no more licenses or
  authorizations)
• Privatization of public utilities TLC, banks,
  gas and electricity system, iron metallurgy etc.
• world largest privatization program (total
  revenue up to end 1999 103 billion Euro)

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Privatizationtotal stock market cap/GDP
The privatization program has contributed to
foster the growth of the Italian equity market
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4 - Devolution Vertical subsidiarityMoving
public service nearer to the citizen

• The Democratic Governance of the Modern Complex
  Society, in the Age of Globalization and ICT,
  requires a wise division of labour, tasks and
  responsibilities between local, regional and
  central administrations and a stronger and more
  efficient local government
• The Net economy does not eliminate the value of
  social and cultural proximity
• Globalization has not reduced, indeed it has
  increased the role of local government
  institutions
• Furthermore the need of coordination that in the
  past could only be adequately satisfied by
  centralising decisions on public policies at a
  higher territorial level, finds an adequate
  response today in the new possibility of peer to
  peer coordination allowed by ICT. The plurality
  of deciders is no longer a source of anarchy. On
  the contrary, it guarantees adherence to needs
  and demands of citizens.
• The internet functioning model, based on an
  effective and experimental combination of
  autonomy and co-operation, suggests analogous
  models for government

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Devolution Vertical subsidiarity Italy The
parallel ways of the Reform

• Connection between Constitutional and
  Administrative Federalism
• In 1996-2001 (Center-Left Governments Prodi,
  DAlema, Amato) the Reform of the State followed
  two parallel ways
• Reform of the Constitution
• Reform of the State and its Administration
  through primary and secondary sources of law
• Same objectives, different actors, different ways

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Devolution Vertical subsidiarity Italy - The
Constitutional Reform

• The Constitutional Reform partly failed because
  of the Centre-Right opposition, that blocked the
  project drafted by the Committee for the Reform
  of the Constitution.
• Nevertheless
• In 2001, Parliament and Italian voters (with a
  referendum) approved the federal reform of the
  State (still to be completed with the reform of
  the Senate, following the French model)
• The Constitutional reform reinforces the
  decentralisation reached through primary law
  (administrative and fiscal federalism),
  otherwise bound to remain incomplete and
  precarious

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Towards the Federal Statethe general strategy

• Strengthening stability of local Governments
• direct election of Mayors (since 1993),
  Presidents of Provinces (1993), Presidents of
  Regions (2000)
• Strengthening financial autonomy of local
  Governments the fiscal federalism
• transformation of State financial transfers to
  Local Authorities into local taxation or
  participation in main State taxes (VAT, Income
  tax)
• Strengthening sovereignty of Local Governments
• transferring general legislative powers to
  Regions (constitutional bill approved by the
  Parliament)
• Strengthening efficiency of Local Administrations
• reform of control mechanisms, city managers,
  local public managers chosen also from private
  sector, salaries linked to performance

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Devolutionthe administrative federalism

• The Italian route to decentralize
• (administrative federalism)
• Identification of a mandatory (and closed) list
  of Central tasks and planning the devolution of
  all other tasks to Local Authorities
• Identification in detail of the tasks to be
  transferred from Central to Local level of
  government
• Transferring NOT ONLY groups of tasks BUT ALSO
  the related human and financial resources to
  Local Administrations (strengthening efficiency
  and financial autonomy of public administrations
  on the territory)

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Devolutionopinions of the public
Has the Bassanini reform improved the
efficiency of local Governments?
Source unicab sole 24 ore
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5 Cutting the red tape a fundamental Pillar
of the Reform

• A comprehensive strategy for reducing
  bureaucratic costs and administrative burdens on
  citizens and businesses based on
• Simplification
• Better regulation

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SimplificationSome common problems

• Key role of Regulatory systems to boost economic
  growth
• Weaknesses of the traditional command and
  control regulatory style in the last decades
• Deregulation ? (and lt) High Quality Regulation

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Some common phenomena

• Regulatory Quality is becoming an autonomous
  public interest, beside sectional ones
• Concrete consequences
• - in the Governments (ad hoc Units, specific PM
  delegations)
• - in the Parliaments (ad hoc Committees)
• Some interesting characteristics
• - scarce relevance of the peculiarities of
  constitutional systems
• - the sunset of the lawyers monopoly

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Simplificationstrategies and tools to reduce
burdens

• Not a one shot policy, but a process
• need of rolling simplification programs (e.g.,
  through annual simplification laws or through
  multi-annual plans), enabling Government to
  abolish or simplify existing procedures,
  authorizations and licenses
• Some common simplification tools
• Self-declarations replacing most of the
  certificates, and severely punishing those who do
  not self-certify the truth
• Notification of the beginning of an activity
  and silent-consent replacing most authorizations
  and licenses
• One combined services conference replacing
  many administrative acts
• Importance of consultation, measurement, ex
  post monitoring

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Simplification in Italy the problems

• Regulatory inflation
• over 35,000 primary laws (of State and Regions)
• Regulatory costs
• unnecessary burdens on the public, on businesses
  and even on public administrations
• Regulatory pollution
• ambiguity, contradictions, overlapping, layers
  of rules generate uncertainty on the existing law

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Simplification two examplesfrom the Italian
experience a) for citizens simplification of
certificates

• All the norms on administrative documentation and
  on electronic documents are collected in one
  single text code on administrative documents
• More than 95 of certificates have been
  substituted by self-certifications a signature
  of the citizen on simple white paper (without
  any tax)
• The new regulation can be used also by privates
  sector (banks, post offices )
• Use of electronic instruments and faxes is always
  admitted
• It is forbidden for P.A.s to require a
  certificate when a self-certification is possible
• Severe punishment for false self-certifications,
  but till now only 0,4 of the ex-post controls
  have resulted positive
• Towards a complete de-certification total
  elimination of the need of certificates through
  the electronic exchange of data among P.A.s

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b) for business the one stop shop for the
start up of productive plants

• Not only a single access, but also a single
  answer
• Since 1999 a single procedure to start up a new
  business, replacing 43 authorizations
  previously needed
• Previously 2-5 years to get a final answer
• Presently normally no more than 3 months in
  most cases, max 11 months (average time 57 days
  in a sample of 100 one stop shops)
• One single office to deal with businesses and a
  new role for Municipalities in the development of
  their territory
• Turn-key contract (within an ad hoc training
  program) for the supply of 109 one stop shops
  serving 785 municipalities (small municipalities
  can pool together)
• An e-structure, accessible through the net

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One stop shops

• The difficulties
• Half of the municipalities are not equipped with
  them (40 of the Italian population)
• Lack of collaboration of many central and local
  administrations
• The answers
• Simplification, acceleration, a unique proceeding
  and a unique person in charge
• Government action plan for spreading and
  improving one stop shops

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Deregulation in Italy 1996-2001Regulations
introduced / Regulations cancelled
reg. introduced
reg.cancelled
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Simplification in Italy 1996-2001Number of
procedures needed to set up new companies
Source OCDE, Service de la gestion publique, 2000
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Simplification Peoples Opinions
Did you like the self declaration reform?
Base 2.010 POPULATION
Base 1.018 ENTREPRISE
Source CIRM 2001
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Better regulationwhy?

• A mere deregulation is different from a
• high quality regulation
• (and is less useful too)

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Better regulationsome tools

• Regulatory Impact Analysis (RIA, now used by 20
  OECD Countries)
• (to measure the cost of new regulations on the
  public and business)
• - not a mere arithmetical analysis, but an
  ongoing, evolutionary process to inform the
  political choice a tool to give the rule-makers
  the awareness
• - including the views of stakeholders
• - applicable to all kinds of relevant
  Regulation
• - not an ex post justification, but an analysis
  to be set up at the beginning of the regulatory
  process, considering both alternative Regulatory
  options and
• alternative options to Regulation (including a
  wise use of self-regulation)
• Consultation
• Compliance analysis

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Better regulationthe structures

• Sectional Ministries are the first responsible
  for Regulatory Quality, but
• - because it is often difficult for ministries
  to reform themselves, it is necessary to give
  countervailing pressures, and maintain
  consistency and systematic approaches across the
  entire administration (2001 OECD Report on
  Regulatory Reform in Italy) -
• often can be very useful a Central Unit (now
  established in many OECD Countries) a task force
  of experts - better if in P.M.O. - exclusively
  monitoring regulatory quality, responsible for
  RIA and/or for simplification and codification
  programs
• The importance of involving Parliaments

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Better regulationsome tools the use of IT

• On line updated version of existing Regulation
• (gt Official Gazette on line!)
• On line Parliament bills and activities
• On line consultation
• (notice and comments model)
• Central Electronic Register of bureaucratic
  formalities
• (for business, but not only )

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Better regulationstrategies/tools to tidy up
regulation

• .

• Codification or consolidation
• Few consolidated texts should replace thousands
  of laws and decrees (better if with the help of a
  guillotine system)
• Trying to merge Codification and Simplification
  (and electronic register)
• The Italian case of delegislation (?
  deregulation)
• a mechanism by which a primary law (legge di
  delegificazione, enacted by Parliament with the
  normal procedure)
• - identifies the general discipline of a
  certain issue and
• - empowers Government to repeal and substitute
  primary laws with Governmental delegislation
  decrees (secondary level regulation)

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6- e-Government

• ICT
• the best resource for a leap forward in service
  to citizens and in quality change
• A crucial tool for
• - reinventing Government
• - re-engineering administrative procedures
• - introducing new organizational,
  architectural and operational model of
  administration

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e-GovernmentThe regulatory instruments

• A valid authentication mechanism is needed to
  access online services and online personal data
• ...to make sure that the right person gets
  the right service and has access to the right
  personal data...
• Electronic smart cards can solve this crucial
  problem if combined with some legal tools
• Electronic I.D. card regulation, or
• Electronic signatures regulation, and
• Electronic document registration regulation
• A new discipline on administrative documentation

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e-Government Italian experienceFirst
Achievements

• Electronic signature (having legal value since
  1998) certified by private companies
• Electronic ID card (in distribution since 2001)
• Electronic public procurement
• Electronic Revenue Service from 2000, 100
  income tax returns (33 millions per year) are
  filed and reviewed electronically
• Land Register (since 2001 80 of documents are
  filed and reviewed electronically)
• 6,2 bill. public investments in e-Gov in
  2000-2002

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The Italian Action Plan fore-Government (2000)
guidelines

• Citizens will obtain any public service by simply
  applying to any front-office administration in
  charge
• Citizens will communicate variations in their
  personal information to the administration only
  once
• Each administration will be able to gather the
  information needed, wherever stored (all public
  services on line)
• All the public services for which it is
  technically possible will be delivered on line

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Electronic I.D. cards and digital signature
cards enabling tools for the digital government

• ID cards and/or digital signature cards.....
• .... could serve as an identity document, but
  will also be the means for authentication of the
  citizen by any and all public information systems
• ....will enable its possessor to request the
  services of the administration on-line with a
  single procedure for authentication
• .... will enable to sign all forms and
  transactions with governmental bodies that do
  require the citizens signature to be legally
  valid

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The Italian Action Plan fore-Government Key
Tools

• Exchange of information system for local
  land-registries
• Electronic identity cards
• Promotion of digital signatures
• Electronic Protocols
• e-procurement
• Foundation courses
• Specialist courses

• Information portals
• Portals for delivering on-line services
• National networks
• Local administrations on line
• Integration of personal data
• National index of personal data

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7 - Reorganization ofCentral Government

• The Democratic Governance of the modern complex
  Societies, in the Age of Globalisation and ICT,
  requires stronger and more efficient Central
  Governments
• The devolution of powers, tasks and financial
  resources to regional governments and to European
  Union curtails Central Governments missions and
  requires new capacity of coordination and
  dialogue
• A government-wide Reform of Ministries and
  Agencies and a targeted reform of the Center of
  the Government are needed to adjust Governments
  to new missions and capability

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Reorganization of Central Governmentin Italy
1996-2001

• The first government-wide Reform since 1865
• Merging bodies with similar missions
  eliminating duplication and segmentation
• Reducing the Ministries from 22 (in 1995)
  to 18 (present) to 12 (increased to 14 by the new
  Berlusconis Cabinet)
• End of the traditional pyramid model for
  Ministries internal organization as general model
• Internal organization established
• by a more flexible secondary regulation

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Reorganization of Central Governmentin Italy
the Prime Ministers Office

• A leaner but stronger, more flexible structure
• Additional specific responsibilities of P.M.O.
• Government reform, regulation, P.A., dialogue
  with supra- and intra- national Authorities (EU,
  Regions, Municipalities)
• Making the role of stimulating, guiding and
  coordinating more effective

Transferring all other executive tasks to
sector administrations
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Reorganization of Central Governmentthe new
structures

• Introducing Agencies non-ministerial bodies
  with technical and executive tasks

• Central Government Local Offices merging
  several State local offices into a single
  interministerial body

67
8- Civil Service Reform the new trendsmaking
P.A. similar to private employer
(?privatization!)

• Access to civil service should remain by public
  competition (with modern systems accelerating
  them)
• but in some Countries a limited number of public
  managers may be chosen from outside the Civil
  Service for a fixed term (as in UK, Spain,
  Italy, but NOT in France)
• exception spoils system (USA)
• Improved mobility of civil servants
• - within different Public Administrations
• with international organizations
• with private sector

68
Civil Service Reformdistinguishing Politics from
Administration

• Politicians are responsible for Policies
• Ministers define policies and strategies, assess
  results, appoint general directors but have no
  further direct involvement in administration
• Public managers are responsible for
  Administration
• public managers are given broader powers but
  also greater responsibilities, and higher
  salaries linked to results and performance

69
Civil Service Reform in Italymaking P.A.
similar to private employer (?privatization!)

• Civil law for civil servants
• public administration has the same powers as
  private sector employers laws and decrees
  replaced by contracts
• Civil courts for civil service disputes
• since 1998 transferred from the Administrative
  to the Civil Courts

70
Civil Service Reform (Italy)the
contractualization of Civil Service

• Labor Contracts
• collective bargaining (at national and local
  levels) replaced the law in determining
  employment conditions, salaries and tasks. The
  integrative negotiation
• promoting efficiency and professionalism through
  individual integrative contracts
• A.R.A.N.
• an Agency created to represent the State in
  labour negotiations in place of the Minister (but
  following Government guidelines)
• Reform of labor representation
• for each public sector (Ministries, Education,
  Health ) bargaining with the State is allowed
  only to those Unions having more than 5 of the
  consensus in that sector

71
Civil Service Reform in Italythe Resistances

• Strong contradictions and incoherencies remain
  in
• The behaviour of politicians, administrators and
  public managers
• no global vision in salary increases
• strong defence of privileges and of the maze of
  charges
• Parliament choices
• The choice, in principle, in favour of collective
  bargaining, meritocracy and quality is
  contradicted by the constant enactment of rules
  creating favouritism ope legis promotions,
  permanent hiring without concours of pro-tempore
  workers etc.

72
Civil Service Reform in ItalyThe behaviour of
Trade Unions

• The Italian Trade Unions supported the Reform
  including devolution and decentralisation,
  privatisation of Civil Service, introduction of
  cost and performance controls and productivity
  incentives
• But the choice, in principle, in favour of
  professionalism and merit, responsibility and
  decentralisation is sometimes contradicted

73
9- A performance-oriented Administrationa
cultural revolution for many European Countries

• Before a formal/juridical approach to
  government
• compliance with laws and procedures without
  regard to quality and results
• Now a consumer-oriented approach
• quality service and customer satisfaction
• new performance control complementing traditional
  legal control
• public service charters
• promoting professional growth a special training
  program
• Public administration close to citizens and
  businesses
• favors the allocation of investment capital
• acquires relevance beyond the national borders
• partially sheds its authoritative nature

74
A performance-orientedpublic administrationthe
Resistances

• Administrations and judges still show a
  legalistic and statist culture
• The defence of irremovability and
  irresponsibility of top civil servants in the
  name of administrative neutrality
• The fear of the spoil system
• The refusal of the culture of evaluation and merit

75
A performance-orientedpublic administrationthe
new public management in Italy

• Access by concours, a formal competitive
  examination
• (no more than 5 of managers may be chosen from
  outside the Civil Service for a fixed term)
• No more jobs for life individual contracts
  (fixed term 2-7 years) determine assignment,
  duties and salaries
• Managers salaries vary depending on
  responsibilities and performances

76
The top public managers payment system

• Before no distinctions in the salaries of high
  civil servants considering the position and the
  performances
• Now salaries taking into account the
  responsibilities and the achievement of the
  results.

77
Relationship between fixed and variable salaries
before and after the reform (top managers of
local administrations)
Before law 29/93
After 1997
78
10 A clear Strategy, a strong Leadership the
crucial Role of the Center of the Government in
the Reform Process

• To overcome the resistances
• A clear strategy of change at the highest
  political level and a strong political support
  for Administrative Reform by P.M.
• A strong leadership Concentration of
  responsibilities for the coordination of
  administrative reform policy (e.g., through
  specific P.M. delegations to the Minister for
  P.A.)
• Italian experience
• - in 1996-2001 (Center-Left governments )
• key role of the Minister for P.A. responsible
  for all instruments of reform (Government reform,
  innovation of P.A., better regulation,
  e-Government, Devolution, etc.)
• - Now lack of coordination (responsibilities
  split among the Ministers for P.A., for IT, for
  Devolution, for Regional Affairs....)

79
11- Governments Stability and Continuity of the
Reform Process

• Both conditions are essential to gain successful
  results because
• A Government-wide programme of Administrative
  Reform
• is in constant risk of failure
• will take quite a long time (one legislature is
  not enough!)
• will need a large consensus (possibly,
  bipartisan consensus)

80
Governments Stability and Continuity of the
Italian Reform Process

• The Italian Administrative Reform
• ... has been built during the last 5 years,
  largely with a bipartisan support
• ... still needs to be fully implemented,
• but.
• the new Government is putting under discussion
  some successful pillars of the reform.
• Examples
• Reform tasks and responsibilities split between
  the Minister for P.A., for IT, for Devolution,
  for Regional Affairs
• Back to public (administrative) law for top
  public managers
• Reintroduction by decree of two sector ministries
• Suppression of the Central Regulatory
  Simplification Unit in PMO

81
12- Improving transparency, comprehensibility
and legality of P.A.

• Improving transparency the right of access
• Previously secrecy of administrative acts was
  the rule, access the exception
• From early 90s, in more and more Countries
  access to administrative acts is the rule,
  secrecy the exception
• Administrative judges are the watchdogs of
  citizens right of access

82
Improving transparency, comprehensibility and
legality of P.A.

• Improving comprehensibility simplifying
  administrative jargon and communicating with the
  public
• proposals for the standardization and
  simplification of the most common official forms
• use of a Style Manual as a practical tool for
  employees involved in written communication
• training and communication strategies to improve
  communicativeness of civil servants (the model
  of American NPR, following the example of private
  firms)
• A special strategy to improve front-line
  structures

83
Improving legality of P.A.

• The traditional French model of Administrative
  Justice still seems to work, but can be improved
• crucial importance of shortening the times of a
  process
• further broadening the legitimacy to appeal
  (e.g., through so-called diffused interests)
• enhancing the liability of P.A. (e.g.,
  submitting P.A. to the usual liability rule)
• making the enforcement powers of
  administrative Judges towards P.A. more effective

84
13- The crucial phase of implementation

• What are the main challenges?
• -Changing the culture
• -Communication
• -Investing on Public Administration

85
The crucial phase of implementation

• Changing the culture
• Acquiring and disseminating new approaches
• to technological and organizational innovation
• to simplification (releasing unnecessary
  administrative burdens)
• to quality of service and performance
• to citizen-user satisfaction
• to rewarding professionalism and merit
• to promoting, encouraging and energizing citizens
  and businesses

86
The crucial phase of implementation

• Communication
• disseminating and
• sharing information to
• explain to citizens their new rights

87
The crucial phase of implementation

• Investing on Public Administration
• in training, to improve knowledge and awareness
  of the main interpreters of the Reform
• in IT, to exploit the enormous opportunities of
  digital revolution
• in financial incentives, to promote quality of
  services and professional growth

88
Good luck!

• A Government-wide programme of Administrative
  Reform
• will constantly risk failure, but ....
• but can be successfully conducted (as shown by
  several national experiences)
• and can be effectively encouraged by private
  sector and by International Organizations (UN,
  OECD, FMI,
• WTO )