Stručni rad
A Need for a Comprehensive Administrative Reform in Bosnia and Herzegovina with an Emphasis on the Modernisation of Administrative Procedure
Zarije Seizović
; Fakultet političkih nauka Univerziteta u Sarajevu, Bosna i Hercegovina
Sažetak
Public administration reform is a precondition for the integration of Bosnia and Herzegovina into the European Union. It is related to the development of sufficient administrative capacity, and the ability to adopt and implement the EU’s legal order (acquis communautaire). The paper provides the present-day administrative framework at four separate systems (levels) in six horizontal areas (policy-making and coordination capacities, public finances, human resources
management, administrative procedure, institutional communication, and information technologies). It presents, briefly, state of affairs, pointing at a clear need for a comprehensive PAR whose emphasis should be on the modernisation of administrative procedure. The state of affairs is broken down by the systems (levels), providing recent developments related to administrative decision-making within the respective administrative framework. None of the four procedural laws is fully in line with common European standards and the principle of the rule of law. A large number of special administrative procedures leads to the lack of transparency and creates a kind of needless legal complexity for citizens, and may even encourage deficiency as to the accountability of public services. These arrangements may run counter the principle of legal certainty and constitute a large problem for proper functioning and transparency of public administration in BH. Therefore, LAPs should be reviewed and tailored to meet common European standards. The new system should ensure predictability and impartiality of administrative decision-making. Simple and speedy administrative procedure
should not deal, to the highest extent possible, with technicalities and strict and formal procedural arrangements (minimum procedural requirements). The administrative Procedure Law should make a sound balance between the technical side of the procedure and discretion of the decision-maker. Modernization of administrative procedure should make it a functional, reliable, efficient, transparent, accountable and coherent tool of a modern, client-oriented countrywide public administration able to join the European administrative space.
Ključne riječi
public administration reform; modernization of administrative procedure; policy-making and coordination capacities; public finances; human resources management; administrative procedure; institutional communication; information technologies
Hrčak ID:
132520
URI
Datum izdavanja:
1.6.2012.
Posjeta: 1.349 *