Presentation given by SIGMA, joint SIGMA-ReSPA event on "Achieving administrative simplification through evidence-based policy making in the Western Balkans", held in Istanbul on 31 May 2022.

1. Achieving Administration Simplification
Through Evidence-Based Policy Making
in the Western Balkans
Istanbul, Turkey
24-25 May 2022

2. Policy Making and Public Service Delivery in
the Western Balkans
Key achievements and challenges ahead
2021 Monitoring Reports and Thematic Studies

3. www.sigmaweb.org
SIGMA 2021 Monitoring reports

4. The connection between policy development
and service delivery
RIA +
consultation
Better
regulation
Simple and
accessible
services

5. Improvements in evidence-based
policy making...

6. ...and public consultation

7. Policy for improving service delivery in place +
success stories from services for businesses

8. Laws on Administrative Procedures (LAP) establish
the foundation of good administrative behaviour
Right to be heard, right to effective
legal remedies
Mandatory content of
administrative act
Once only
principle
Electronic
communication
Duration
Delegation of
decision-
making

9. Nevertheless, some challenges persist…

10. Quality of analysis in RIA remains weak
RIA Section Comprehensive Moderate Minimal Not
provided
N.A.
Discussion of the problem under
consideration
20 24 6 - -
Discussion of key affected groups 18 22 7 3 -
Quantification of the impact 11 4 7 28 -
Monetisation of some costs of
preferred option
11 4 1 34
Analysis of economic impact 6 19 13 9 3
Analysis of impact on business, in
particular SMEs
4 19 8 11 8
Coverage of administrative burdens
and costs to businesses
4 13 9 14 10
Discussion of implementation and
enforcement arrangements
18 12 16 4
Source: SIGMA Paper No. 61 - Regulatory Impact Assessment and EU Law Transposition in the Western Balkans

11. Limited focus on
the main source of administrative burden
• 4 of 6 administrations DO NOT require RIA
for secondary legislation
• 2 of 6 administration DO NOT require public
consultation for secondary legislation

12. Laws approved through shortened
procedures

13. Laws amended frequently

14. Access to legislation is often
the first burden to overcome!

15. Secondary legislation for implementing laws
not adopted in time leads to legal uncertainty

16. Elements of good administrative behaviour not
functioning consistently in practice
Right to be heard, right to effective
legal remedies
Mandatory content of
administrative act
Once only
principle
Electronic
communication
Duration
Delegation of
decision-
making

17. LAP as a model of deficiencies in policy
development
•No impact assessment accompanying the law or no
significant impacts foreseen
•No plan for implementation accompanying the law
•LAPs often adopted in urgent procedures by Parliament
•Necessary implementing legislation still not fully in place
(more than 5-6 years after adoption)
•Consequently: objectives of the reform not achieved

18. What next?
•Let’s use the conference to:
Exchange good experiences from region and abroad
Learn from (others’) mistakes
Collectively brainstorm for ideas for overcoming
challenges

19. Separate Slides
`[EU Better Regulation Practice:]
Nick Malyshev
OECD

20. Panel 1
Controlling the Flow:
How to minimise administrative burdens and consider
and promote simplifications during policy making?

21. Importance of administrative burden reduction
and simplification
• Rules and regulations are essential for delivering public policy and public services
• YET:
• Rules create costs for citizens, companies and the administration
• Costs and burdens on companies negatively affect business climate, economic
growth and make countries less competitive internationally
• Too costly and burdensome rules and regulations question achievement of policy
objectives:
• E.g. high costs/burdens can hinder take-up by businesses/citizens and can result in a de
facto barrier for vulnerable groups
• High costs for companies and citizens lead to high costs for the administration
• E.g., complex permitting systems – due to increased number of mistakes, need to check
more documents, unclarity for end-users etc. - result in costly enforcement

22. Controlling the flow and reducing the stock –
both are important for achieving results
Addressing the sources of administrative
burdens: turning off the tap
• Assessing and utilising simplification
potential for every legislative process that
is initiated
• Transposition of the EU Acquis: adjust to
what is in place, do not 'just' add to the
stock
Addressing the existing administrative
burdens: reducing the stock
• Make systematic use of evaluation of
legislation
New regulatory
proposals,
drafts
Better policies, simplified
procedures and public services
Rules
Laws
Simplification and burden
reduction opportunities
during policy making

23. Policy-making tools for admin simplification
• Main Better Regulation tools and processes to identify and reduce costs
• Regulatory Impact Assessment (RIA)
• Stakeholder engagement and public consultations
• Ex-post evaluations and reviews
• Recognising the importance of simplification and embedding the culture in
policy making and policy planning
• Simplification as a key, guiding policy-making principle
• Utilising Standard Cost Model - to identify, measure and reduce burdens
• More effective monitoring - use of business surveys
• Analysis of third party/external assessments and reports
• ..and keep in mind that:
• Effective central planning and coordination- service delivery institutions and CoGs working
closely
• Applying advanced regulatory management tools and best evidence (e.g.
sandboxing/regulatory experimenting)

24. Effective consultation to identify and select
options delivering more simplification
• Consultation with service providers
• Understand the implementation process
• Assess simplification potential
• Assess possible implications that need to be mitigate
• Determine implementation neds and planning
• Consultation with end-users (citizens and businesses)
• Know the users and their profiles
• Understand user experiences
• Gather ideas on how to simplify processes
• Decide which issues to prioritise

25. 2021 SIGMA Monitoring Report
• Key tools for effective and evidence-based policy making are formally
established
• RIA
• Public consultation and interministerial consultations
• Yet, implementation is inconsistent and ineffective across the region
• Quality of RIAs and impact analyses, including consideration of simplification
opportunities during the policy-making process is weak
• Simplification tools often reflected but not utilised
• Weak evaluation and ex-post review practices

26. 2021 SIGMA Monitoring Report - RIA Systems
https://par-portal.sigmaweb.org/areas/2/indicators/14/#main-radar

27. RIA Systems
Source: SIGMA Paper No. 61 - Regulatory Impact Assessment and EU Law Transposition in the Western Balkans
Standard Cost Model SME Test
Albania Yes Yes
BiH (State) No No
BiH (Federation) Yes No
BiH (RS) Yes No
BiH (BD) Yes No
Kosovo Yes Yes
Montenegro Yes No
North Macedonia Yes No
Serbia Yes Yes
• Standard Cost Model (SCM) generally in place (formally)
• Review of impacts on businesses and SMEs not covered and applied systematically

28. RIA analysis not geared towards impacts and
not sensitive to least burdensome alternatives
Source: SIGMA Paper No. 61 - Regulatory Impact Assessment and EU Law Transposition in the Western Balkans
Selected areas where quality of RIA analysis was found to be weakest (based
on review of 50 sample RIAs):
• Quantification of the impact
• Monetisation of some costs of preferred option
• Analysis of economic impact
• Analysis of impact on business, in particular SMEs
• Coverage of administrative burdens and costs to businesses
• Discussion of implementation and enforcement arrangements

29. Make better use of the principles aimed at
simplification
• Digital by default
• Accessible IT and assistive technologies
• Develop user skills
• Focus on safeguarding social inclusion
• Digital-ready drafting
• The devil is in the detail
• Only once and interoperability of
databases
• Work as one administration
• Sunset clauses
• Rules expire unless renewed actively
• Lex silencio positivo
• No response means approval
• Think cross-border
• Preparation for the future

30. Questions for discussion
• Question 1: How to make sure the RIA system is delivering
administrative simplification?
• Question 2: How to ensure that service delivery institutions and users of
services are fully involved and consulted in policy making?

31. Panel 2
Reducing the Stock
Implementation of administrative simplification
programmes and reforms in the Western Balkans

32. Planning and implementation of reform
strategies and programmes of simplification
• All administrations have institutionalised the culture of reform planning
• However, there is overall weak implementation and poor central coordination
of PAR across the region (2021 Monitoring Reports)
• Strategies and reform programmes that include simplification measures
• Albania- PAR Strategy 2015-2022, also Digital Albania 2015-2022
• BiH - PAR Strategy 2017-2022
• Kosovo- PAR Strategy; Better Regulation Strategy
• Montenegro- PAR Strategy (expired) and No Barriers Programme
• North Macedonia - PAR Strategy 2018-2022
• Serbia- PAR Strategy 2021-2030; Public Policy and Better Regulation Strategy 2021-
2025
• Serbia, Montenegro and Kosovo – dedicated structures for coordination of
better regulation and admin burden reduction programmes/strategies

33. European Commission: Regulatory Fitness
and performance programme (REFIT)
• Impact Assessment: assess
simplification options
• Evaluations and Fitness Checks:
identify existing burdens and means
to reduce them
• Quantification based on SCM where
possible
• REFIT dimension in all explanatory
memoranda (also when no IA is
made)
• Commission Work Programme with
REFIT Component
• Fit for Future Platform (F4F)
• Government group
• Stakeholder group: societal
representation
• Regional Hubs Network (RegHub)
• Have Your Say
• Have your say: Simplify!
• Annual burden surveys
• Focus on achievements
• REFIT Scoreboard
• Tracking developments of each DG

34. Reducing the Stock: Planning and
implementation of administrative simplification
• Build a constituency for administrative
simplification.
• Effective and efficient use of capacities
and resources available.
• Manage institutional and organisational
needs.
• Ensure sound multilevel governance.
• Involve all stakeholders fairly in
administrative simplification strategies.
• Develop and improve measurement
and evaluation mechanisms.

35. Reflections from the Western Balkans
administrations

36. Streamlining, simplifying and digitalising
processes to deliver better services for
citizens and business

37. Outline
1. Service delivery through the assessments
2. EC Toolbox on Quality of PA
3. Key elements for improving service delivery
4. A focus on life-events
5. Linking ABR, Simplification and Service Delivery

38. substantial progress in the Service Delivery area… based mostly on advances in
digital services
SIGMA 2021 monitoring reports found some good news regarding SD
area...

39. SIGMA 2021 Monitoring reports findings: Beware of uneven
attention and progress

40. Albania Kosovo Montenegro North
Macedonia
Serbia BiH
Starting a
business –
OSS/fully
digital
X X better X better X better X
Digital
uptake
corporate
income tax
100 99 / 96,32 100 100
VAT digital
uptake
100 100 100 100 100 /
Improvement since 2017 SIGMA assessment
Level of digitisation – business
Figures for FBiH and RS, no figures BD

42. Spread of User engagement techniques and Quality
management tools

43. Outline
1. Service delivery through the assessments
2.EC Toolbox on Quality of PA
3. Key elements for improving service delivery
4. A focus on life-events
5. Linking ABR, Simplification and Service Delivery

44. http://ec.europa.eu/esf/toolbox
Short version = print & online
Full version = online only

45. What is the Toolbox?
Collaborative effort of 12 COM
services
Compendium
Non-prescriptive (no new policy)
Principles & examples (170)
Technical guidance… and more

46. A look inside…
• Introduction
• Principles & values of good governance
• Seven thematic chapters:
1. Better policy-making
2. Embedding ethical & anti-corruption practices
3. Professional and well-performing institutions
4. Improving service delivery
5. Enhancing the business environment
6. Strengthening the judicial system
7. Managing public funds effectively (including PP and ESIF, TO11)

47. Outline
1. Service delivery through the assessments
2. EC Toolbox on Quality of PA
3.Key elements for improving service delivery
4. A focus on life-events
5. Linking ABR, Simplification and Service Delivery

48. Improving processes - Process re-engineering
- Administrative simplification
Going digital
Easy access to services - The one-stop shop (OSS)
- Multi-channel service delivery
- Interoperability and ‘once only’
- Moving towards digital by design
Committing to service
standards and measuring
satisfaction
- Service charters
- Measuring and managing satisfaction
Key elements for improving service delivery
Understanding users’
needs and expectations
- Direct contact with citizens/businesses
- Indirect feedback and representation
- Mystery shopping
- Life events, customer journey mapping

49. Outline
1. Service delivery through the assessments
2. EC Toolbox on Quality of PA
3. Key elements for improving service delivery
4.A focus on life-events
5. Linking ABR, Simplification and Service Delivery

50. The traditional user journey
CITIZENS
Institution #1
Institution #2
Institution #7
Institution #4
Institution #6
Institution #3
Institution #5

51. • Life event = the combination of needs and expectations that users experience during a certain
situation or moment in their life
 all the different actions the user has to undertake and all the administrative processes he or
she has to go through during that event
• The user will need to get in touch with one or more separate government organizations, at
different levels of government
What are life events?

52. Setting the scene: life and business events
Citizen
• Having a baby
• Attending hospital
• Arranging for childcare
• Studying
• Using a public library
• Looking for a job
• Starting a job
• Paying income taxes and social contributions
• Becoming unemployed
• Marrying
• Buying, building, renting or renovating a property
Business
• Starting and registering a business
• Applying for licenses and permits
• Building, buying, renting or renovating a property
• Hiring an employee
• Running a business
• Paying tax and social security contributions
• Trading across borders
• Closing a business (including insolvency proceedings)

53. Life events….why ?
1. Importance of speaking the users’ language (and not
administrative jargon !)
2. Organize government portals
3. Simplify administrative procedures
4. Putting service quality at the center
53

54. From prioritising life events to improvement and simplification:
French example
Qualitative
surveys
Life
events
Priority
life
events
Simplification,
improvement &
modernisation
objectives
Quantitative
survey
Proposals to
improve
service
Process
analysis
Example

55. © OECD
55
Example

56. 56
Example

57. Using the “life event scan” design methodology
• A life event scan consists of 3 activities ...
1. Gathering of user insights
2. Screening of the relevant regulations
3. Analyzing the administrative processes involved
• … resulting in adjustments and improvements in 3 areas
1. Changes to the regulations (at different government levels)
2. Improvements to the (online) provision of information
3. Simplifications to the underlying administrative processes

58. « My relative just died » : custumer journey mapping
Example

59. « I’m creating my business »
Example

60. Future of life events
• Proactive service – public services provided by an authority on its own initiative in
accordance with the presumed will of persons and based on the data in the databases
belonging to the state information system (driven by Once-Only-Principle). Proactive
services are provided automatically or with the consent of a person.
For example: renewing an ID card, technical assessment of a vehicle.
• Invisible service – proactive service that is provided by Government without
involvement of the requestor.
For example: cancelling a business board member status in case of death.

61. invisible
Example
Notify one public
sector organisation of a
death, notify them all
Example

62. Outline
1. Service delivery through the assessments
2. EC Toolbox on Quality of PA
3. Key elements for improving service delivery
4. A focus on life-events
5.Linking ABR, Simplification and Service Delivery

64. Multi-disciplinary approach (silo’s )

66. Panel 3
Streamlining, simplifying and digitalising
processes to deliver better services for citizens –
The Western Balkans experience

67. Questions for discussion
• Question 1: Planning and design: User-centricity is a core aspect of
successful decision-making and design of service delivery. How do you
involve citizens & stakeholders during these phases?
• Question 2: Implementation, results & lessons learnt: Implementation is a
crucial phase where any good plan has to face reality. What were the main
challenges and successes you found during implementation? What are the
main lessons learnt? What would you do differently if you could go back in
time?

68. Panel 4
RIA Oversight bodies:
Strengthening RIA quality control for better
administrative simplification

69. Importance of RIA oversight for achieving
administrative simplification and burden reduction
• Quality control essential to turn simplification objectives and burden reduction
targets into practice
• Verification of quality of application of relevant tools
• Check on consultation process and activities
• Check on whether best option has been chosen
• Policy coordination across ministerial boundaries
• Specific expertise needed
• Specialised staff within the wider team
• Link to developing comprehensive overviews and baseline measurements
• Early involvement needed to increase success rates
• Determine analytical focus at the planning stage (EI, GAWP)

70. RIA Quality Scrutiny: State of Play
Responsible institution Formal
opinion
Special assessment
methodology
Staff
Albania PMO No Yes 4
BiH (State) The Legislative Office of the BiH
Council of Ministers
Yes No -
BiH (Federation) Office Legislation and
Harmonisation with EU Regulations
No No 4
BiH (RS) Ministry of Economy and
Entrepreneurship
Yes No 5
BiH (BD) Legislative Office of the Office of the
Mayor of BD
Yes No 2
Kosovo PMO Yes No 10
Montenegro Ministry of Finance Yes Yes 5
North Macedonia MISA Yes Yes 3
Serbia PPS Yes Yes 9
Sources: SIGMA Paper No. 61 - Regulatory Impact Assessment and EU Law Transposition in the Western Balkans
and BiH Monitoring Report 2021

71. Quality control of RIA in the Western Balkans:
Current state of play and challenges
• Adequacy of the mandate: is the function strong enough?
• Weaknesses in the process and methodologies
• Involvement late in the process
• Opinions not covering substance
• Guidelines for scrutiny not always available
• No focus on specific political priorities, such as simplification
• To review RIAs adequate resources are needed, yet
• Capacities missing
• Skills and knowledge not aligned with demands

72. Questions for discussion
• Question 1: How to make the quality control of RIAs better?
• Question 2: How to get stronger political support for RIA?