Session 5 - Rule of Law - Presentation - Final.pdf

Presentation from Session 5 - Rule of Law at the SIGMA-GIZ joint event Advancing Good Governance in Public Administration Reform in the Eastern Partnership Countries, that took place 4-5 June 2024 in Brussels.

1. A joint initiative of the OECD and the EU, principally financed by the EU.
Unclassified - Non classifié
4-5 June 2024, Brussels
Advancing Good
Governance
in Public Administration Reform
in the Eastern Partnership Countries

2. A joint initiative of the OECD and the EU, principally financed by the EU.
Unclassified - Non classifié
What is Rule of Law? Different ways for defining it.
>Venice Commission RoL Checklist:
›Legality
›Legal certainty
›Prevention of abuse of powers
›Equality before the law and non-discrimination
›Access to justice (independence, fair trial)
›Specific challenges to RoL: corruption and surveillance
>European Commission RoL Report:
›Justice systems
›Anti-corruption framework
›Media pluralism and media freedom
›Other (legislative process, independent authorities, administrative justice, civil
society)

3. A joint initiative of the OECD and the EU, principally financed by the EU.
Unclassified - Non classifié
What is Rule of Law? Different ways for defining it.
>World Justice Project RoL Index:
>Constraints on government powers
>Absence of corruption
>Open government
>Fundamental rights
>Order and security
>Regulatory enforcement
>Civil justice
>Criminal justice
>United Nations RoL Indicators:
>Police
>Judiciary
>Prisons

4. A joint initiative of the OECD and the EU, principally financed by the EU.
Unclassified - Non classifié
What is Rule of Law?
One of the Copenhagen Criteria: one of the conditions to which any country
wishing to become a member of the EU must conform.

5. A joint initiative of the OECD and the EU, principally financed by the EU.
Unclassified - Non classifié
Relevant Principles of Public Administration on Rule of Law
>Principle 17
>Administrative procedures conducted in line with legality, legal certainty, equality,
impartiality and proportionality.
>Right to be heard, right to access the files of the administrative procedure,
substantiation of decisions, right to appeal
>Effective access to independent administrative judiciary
>Timely delivery of quality decisions as well as their execution
>Redress and fair compensation of damages from wrongdoing by public authority
>Principle 16
>Independent and effective oversight bodies over the executive: ombudsperson, state
audit institution, parliament

6. A joint initiative of the OECD and the EU, principally financed by the EU.
Unclassified - Non classifié
Relevant Principles of Public Administration on Rule of Law
>Principle 18
>Comprehensive definition of corruption + proportional sanctions
>Protection of whistleblowers
>System for managing conflict of interest situations + asset declarations
>Lobby activities are defined and are transparent
>Principle 13:
›accountability of public administration
›autonomy of regulatory bodies for effective performance of their functions
>Principle 15:
>Access to public information

7. A joint initiative of the OECD and the EU, principally financed by the EU.
Unclassified - Non classifié
Relevant Principles of Public Administration on Rule of Law
>Principle 4:
›Clear and consistent rules for law making
›Access to legislation
>Principle 5:
›Consultation with internal and external stakeholders during legislative process
>Principle 6:
›Effective implementation of laws: timely adoption of secondary legislation and
harmonisation of new laws with existing framework

8. A joint initiative of the OECD and the EU, principally financed by the EU.
Unclassified - Non classifié
GIZ EaPRF –EU co-financedMeasuresin thefieldsof RoL
>Better/Quality Law Making and Regulations
>Anticorruptionframework
>Non-Discrimination/Human Rights and Gender Equality

9. A joint initiative of the OECD and the EU, principally financed by the EU.
Unclassified - Non classifié
Better/Quality Law Making and Regulations
>Regulatory Impact Assessment (RIA):
A systematic approach to critically assessing the positive and negative effects of proposed and
existing regulations
>Objective: Improve regulatory quality by ensuring that regulations achieve their intended objectives
efficiently and effectively
>Introduction
>Key Priority: Institutionalization
>Future Directions:
›Full institutionalization and increased use of the RIA methodology
›Capacity Development and enhancement of RIA practices

10. A joint initiative of the OECD and the EU, principally financed by the EU.
Unclassified - Non classifié
Anti-corruptionFramework
>Primary Focus: Implementation of the national anti-corruption strategy of Georgia
>Introduction
>Key Priority: Corruption Risk Assessment (CRA) and Integrity Policy
›Development of CRA Methodology
›Ensuring proper implementation of the strategy in the public sector through: Awareness Raising
measures
›Support the Design, Implementation and Monitoring of the Integrity Policy in Public Sector (Summer
School)
>Future Directions:
›Continuous support and cooperation with international and local partners
›Ensure effective and comprehensive anti-corruption policies and their Implementation

11. A joint initiative of the OECD and the EU, principally financed by the EU.
Unclassified - Non classifié
Non-Discrimination/Human Rights and Gender Equality
>Promoting Gender Equality in Public Administration in the Eastern Partnership
>Role of Public Administration-Potential as a Role Model
>Key Priority: Female Leadership
›Certified Leadership and Management Training Program
›Establishment of the Regional Network for Female Managers from public Sector
>Future Directions:
›Ensuring better gender equality through better representation of women in decision-making
processes

12. A joint initiative of the OECD and the EU, principally financed by the EU.
Unclassified - Non classifié
Questions for discussion
>From the different elements of Rule of Law, what is functioning well in your
country? What in your view is the main reasons for this?
>From the different elements of Rule of Law, what are the main challenges
in your country? What in your view are the causes of these challenges?
How to best overcome them?
>What is the most important element associated with Rule of Law in your
view - the most important precondition for having in place the other
elements as well?