Flawed policymaking in Albania: Tackling lack of transparency and evidence-based policymaking


One of the critical dimensions of the public administration reform (PAR) in Albania and of the European accession process refers to the transparency of policy development. Access to information has been often described as the ‘oxygen of democracy’ enabling citizens to truly participate in an informed way in decision-making processes, hold those in power accountable and influence policy development. The absence of or inaccessibility to information can create a sense of disempowerment, mistrust, and frustration with those in power. Transparency is also a principle of good governance and requires a continues dialogue and cooperation between decision makers and other actors in society. Studies have shown that transparency benefits policy efficiency and is deemed as a crucial instrument to fight corruption. The free flow of information is thus paramount to democratic processes, building trust between government and citizens and contributing to the progress of policy development.

Through secondary resources and data collected by the WeBER 2.0 PAR Monitoring Report, this policy brief zooms into the practices of arbitrary policymaking and lack of transparency in policy development in Albania. It discusses its implications and outlines some key recommendations on how to reverse the current situation particularly in terms of increasing transparency through the engagement of civil society analysis and inputs, evidence-based policy and data-driven decision making. Although public consultations and participation in policy development is an interlinked dimension of the overall transparency efforts of the governments, it falls outside of the scope of this policy brief.

Find the Policy Brief here (in English) and here (in Albanian).

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(Non)transparency as a mirror of (ir)responsibility: How do the Government and state administration bodies report on their performance?


POLICY BRIEF

Milica Škorić, Junior Researcher, Miloš Đinđić, Lead Researcher, European Policy Centre – CEP

Good governance implies governance that focuses on citizens, their well-being and satisfaction. One of the main attributes of good governance is transparency in the work of institutions and the decision-making process, in order to provide the public with timely information about activities and decisions that may have an impact on everyday life. With transparent insight into decisions of public interest, citizens in democratic societies have the opportunity not only to be informed but also to point out shortcomings and demand accountability, thus creating an unbreakable link between transparency and public accountability for the results achieved. Public reporting about work and performance is one of the ways to ensure government transparency in practice. In Serbia, the long-standing problem of non-transparent annual reporting on the work of the Government and the administration results in a lack of accountability towards citizens.

The picture that emerges is that the EU’s institutions could well lend themselves to the idea of staged membership, with various examples or precedents to be noted, also connecting with the related idea of ‘differentiated’ integration. A successful development and practical application along these lines would do much to restore positive momentum to the European project itself, currently threatened by a damaged reputation, as well as numerous internal and external threats. The paper sets out a substantial institutional, technical and legal basis for a breakthrough out of the current impasse. It remains for political leaders in both the EU and the Western Balkans to signal their interest in such ideas, and thus launch debate at the strategic level, so that the institutions can work towards defining a formal proposal. The implementation of the system of staged accession would have to be supplemented by a robust EU policy geared towards the resolution of bilateral disputes and issues of statehood in the region.

The Brief can be downloaded here (in English) and here (in Serbian).

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Publishing information on the public service in North Macedonia: Why is transparency and accountability important


In the public administration context, as set forth under the SIGMA Principles, it is extremely important for the State Audit Office (SAO) to apply standards in a neutral and objective way in order to ensure high quality audits, which subsequently will have a positive impact on the public sector functioning. The documents presenting the outcomes of audits should be guided by three principles, i.e., they should be aimed at strengthening the responsibility, transparency, and integrity of the Government and of public sector entities (protection of the public interest); then they should emphasize the importance of such principles to citizens, to the Parliament and to other stakeholders; and finally, they should demonstrate what it means to lead by a role model.

The SAO is one of the key institutions in identifying and disclosing irregularities, cases of illegal actions and possible cases of corruption and abuse of office. In this regard, the latest European Commission (EC) Report explicitly states that it is necessary to allocate adequate resources for this institution that has competencies in the fight against corruption in order to be able to pursue high-profile cases.

Find the Policy Brief here (in English) and here (in Macedonian).

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Do new circumstances change routines? Public administration and service delivery during the COVID-19 pandemic in the Western Balkans

The impact of the COVID-19 pandemic outbreak on citizens’ usage of electronic access to administrative services has been limited in the Western Balkans. The Brief analyzes potential reasons for this and reflects on cross-national variations.

The Brief can be downloaded here.

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What do citizens tell us about administrative services? The second public perception survey in the Western Balkans

Public perceptions from four out of six countries in the Western Balkans suggest that state administration has become more citizen oriented in the past two years. Citizens throughout the region are increasingly aware of electronic access to administrative services, even though the COVID-19 pandemic has had a limited impact on using this type of access. Interesting country-level variations are noted in different aspects of the survey.

Click to download the survey

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Breaking the impasse: Exploiting new opportunities to strengthen EU-Western Balkans relations

This discussion paper argues that successful economic and democratic transformation of the Western Balkans depends not only on a more coherent political engagement of the EU and its member states with the region, but also on a more effective use of the full range of tools within the enlargement policy toolbox. The revised methodology for accession negotiations and the recently announced Economic and Investment Plan (EIP) have the potential to revive the region’s sluggish EU integration process. For these instruments to succeed, it would be essential to show that they help drive the process forward. This will only be the case if negotiations with Albania and North Macedonia are launched, i.e. the first Inter-governmental Conferences (IGCs) are held during the German presidency of the Council of the EU. In this way, the EU and its member states will show their actual commitment to the process and also likely incentivise the other countries in the region to speed up their domestic transformation processes in view of EU accession.

Download the paper here.

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The Western Balkans and the COVID-19: Effects on good governance, rule of law and civil society

This policy brief underscores outstanding issues that emerged during the COVID-19 crisis with possible long-term consequences on the functioning of democracy and rule of law in the six countries of the Western Balkans – Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, and Serbia. This paper specifically addresses the impact of the crisis on the functioning of democratic institutions, the judiciary, fundamental rights and freedoms, transparency, civil society, and the media, and continues to assess its impact on the social and political climates in each country of the region. The report identifies country-specific as well as common issues that should be monitored closely going forward.

Download the brief here.

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Opening governments in times of lockdown

governments, WeBER2.0, WeBER, Western Balkans

The ongoing coronavirus crisis has spurred a myriad of measures from governments in the Western Balkans to better inform their citizens and provide services in emergency circumstances. Yet, responses to the pandemic and the institution of unprecedented lockdown measures have introduced various challenges to already fragile standards of transparency, accountability and rule of law, as well as have exposed shortcomings in the functioning of public administrations, in the Western Balkans. The crisis is increasingly being used as an excuse to backslide on previously achieved progress. The way emergency measures were adopted and enforced, and how citizens were informed, require close scrutiny, so as to ensure that the practices developed during this crisis do not become the “new normal”.

This policy brief, developed as part of the regional WeBER initiative, examines the approaches of public administrations in the Western Balkans to the COVID-19 crisis. It looks at the quality of communication and implementation of the measures taken by the governments of the Western Balkans to respond to the pandemic. It argues that simple and streamlined communication and transparency in the implementation of such measures are equally, if not more, important in times of emergencies and crises, when citizens are more vulnerable in their relationship with the government than in normal times. Based on an overview of positive and negative practices exhibited in the region, this brief offers a set of recommendations for governments to consider as soon as possible, in order to ensure maximum learning from this experience. There is a two-fold benefit to considering these recommendations. Firstly, they may prove valuable in the event of a second wave of pandemic (as is projected by epidemiologists), which might require the re-imposition of some measures in the coming months. Secondly, certain precautionary measures are likely to remain in place even after lockdowns and restrictions across the region are ended, with the implementation of these recommendations potentially of benefit to citizens in the near future as well.

Download the brief here.

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Curbing the executive bias in EU enlargement policy for a stronger democracy in the Western Balkans

Almost two decades have passed since the countries of the Western Balkans (WB) began their way on the European integration process. From today’s perspective, however, the region’s prospects of achieving EU membership in the foreseeable future appear rather grim.

This policy brief zooms precisely on this “executive bias” – the focus of the region’s EU integration process based largely on dialogue between elected governments, with insufficient involvement of parliaments and wider society. It contends that meeting membership criteria and securing the irreversibility of reforms post-accession is only possible if the ownership of reforms in aspirant countries is extended beyond the executive branch of power. It also offers recommendations towards building more substantive involvement of national parliaments and civil society in the EU integration process.

Policy brief is available for download here (English) and here (French).

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Effective benchmarking for concrete rule of law reforms in the Western Balkans

At the outset of a new political and institutional cycle of the EU, 2019 has been a year of many unknowns. For the countries of the Western Balkans, the direction of the future development of EU enlargement policy has been a key concern. During the mandate of the previous European Commission (EC) it has been clear for some time that there is discontent on the side of EU member states concerning the on-the ground effects of the enlargement methodology.

The discussions on the effects of the enlargement methodology gained new impetus following the European Parliamentary (EP) elections over the summer and related to the October 2019 European Council session at which the much-awaited decisions on the start of accession negotiations with North Macedonia and Albania were on the agenda. The EU debate on enlargement has recently been accompanied by formal requests from EU member states to revise the methodology of enlargement, primarily in view of the progress as related to monitoring rule of law. Such demands have surfaced in various places, including coming directly from French President Macron, as well as appearing in September 2019 decisions of the Bundestag and Dutch Parliament. In short, EU member states demand that the enlargement methodology includes modes of strictly ensuring the monitoring and implementation of reforms, especially in relation to rule of law, as well as responding to reversibility in the accession process.

In this brief, we focus on the lessons learned from rule of law benchmarking in the Western Balkans so far in order to provide input for ongoing discussions on revising the accession methodology. The brief first provides an overview of rule of law benchmarking and provides key recommendations that need to be taken into consideration when revising rule of law instruments in the accession process. It then proceeds to summarise the key findings of a comparative research project on the effectiveness of benchmarking in the EU accession process in the Western Balkans. The findings presented here reflect on the debates at the October 2019 summit, at which EU member states did not reach a decision despite the recommendations of the European Commission to the start the accession negotiations with North Macedonia and Albania.

Download the Brief here.

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