Latest Publications from EIPA

European Public Sector Award 2011- Project Catalogue - by Marga Pröhl & Alexander Heichlinger

Tue, 15 Nov 2011 00:00:00 GMT

The catalogue is structured into three parts. In the first chapter, data and statistics on the applications are provided, i.e. an overview of the projects by countries, administrative level, and size of administration or sectorial area of the submitting institution. Subsequently, the EPSA multi-step selection and assessment methodology and process is decribed in detail. The third chapter illustrates all the good practices following a brief introduction to each of the three EPSA 2011 thematic areas - Smart Public Service Delivery in a Cold Economic Climate (Theme I), Opening Up the Public Sector Through Collaborative Governance (Theme II) and Going Green: Concrete Solutions from the Public Sector (Theme III) - and ordered by country and EPSA registration number. Each case description also provides the reader with contact details of the submitter and how to find more information about the project in order to facilitate the exchange of good practice and lessons learnt.

EPSA Trends in Practice: Driving Public Sector Excellence to Shape Europe for 2020 - by Alexander Heichlinger

Tue, 15 Nov 2011 00:00:00 GMT

This publication is again the result of the many applications received during this edition. Its main purpose is thus to shed light on the many public administrations efforts and to draw the future trends from these practices when analysing the innovative performances. The state of affairs and development of the three EPSA 2011 themes are mirrored against the respective applications received and the emerging, best or nominated practices are highlighted in order to subsequently arrive at common conclusions and recommendations. In addition, this book provides – for the first time – some insight into the grounds and motivation behind why public organisations participate(d) in initiatives such as the EPSA (EPSA Testimony), as well as outlining a possible model for measuring and defining the potential public added-value of such participation and the return on investment one may expect.

It’s the Centre-Periphery, Stupid! Cooperation Patterns in the Council of Ministers after Enlargement - by Mart Laatsit and Dr Michael Kaeding

Tue, 01 Nov 2011 00:00:00 GMT

Cooperation patterns in the Council of Ministers have featured particular characteristics over the last decades. Seven years after the 2004 round of enlargement, it is time to readdress the question whether longstanding cooperation patterns have endured and how the new members have fit in the existing structures. Following a comparative case study research design, the current article investigates four negotiations: the 7th Framework Programme, the Services Directive, the Driving Licence Directive and the Working Time Directive. Having conducted 40 semi-structured interviews with national representatives of ten Member States we find that some cooperation patterns, such as the north-south divide, have persisted. More specifically, the results reveal that the overall pattern leans towards a centreperiphery model with the northern Member States as the central actors.

Better Implementation of EU Legislation is not just a question of taking Member States to Court - by Dr Michael Kaeding and Friederike Voskamp

Sat, 01 Oct 2011 00:00:00 GMT

The single market is one of the most wide-ranging and significant symbols of European integration. While it brings great opportunities to European citizens in theory, in practice, delayed and incorrect implementation of single market rules leave EU citizens with a highly fragmented ‘regulatory patchwork’, deterring citizens and businesses from exercising their rights. One way to solve such a problem is to turn to formal proceedings such as to the European Commission and its role as ‘Guardian of the Treaties’ and Treaty articles 258-260 TFEU, i.e. the infringement procedure or to a national court. An alternative way to guarantee street-level EU law enforcement is through SOLVIT; an outof- court dispute settlement mechanism providing quicker solutions to problems of crossborder nature. This article provides a timely analysis of the reinforced infringement procedure and SOLVIT centres, how the system works and how we will be able to strengthen its strategic role to address the citizens ‘integration fatigue’.

Delegated & Implementing Acts - The New Comitology - by Alan Hardacre and Michael Kaeding

Sat, 01 Jan 2011 00:00:00 GMT

EIPA Essential Guide

The guide starts with a short recap on why powers are delegated to the European Commission in the first place, and why it is increasingly important in European affairs – for all stakeholders interested in European policy-making. Then, we take a quick look at the ‘old’ comitology system to situate Articles 290 and 291 TFEU, and to understand the scale of the changes that have taken place. After that the guide directly addresses the two new legal bases and how they have been implemented. It starts with Article 290 on Delegated Acts, explaining what they are and how the new procedure will work in practise. After that it turns to Article 291, and the new Implementing Acts Regulation i.e. the new comitology procedures. To conclude, the guide outlines the major challenges and opportunities that stakeholders need to be aware of for the future. It is hoped that this practical guide will help anyone with an interest in Delegated and Implementing Acts to quickly appraise the changes and evaluate the impact this has for them – in an area which is considered by many as a new key battlefield in EU policy-making.

This guide is available also in French and German.

The European Asylum System and Minimum Standards: ‘Suggestions for practice and policy’ - by Dr Katerina - Marina Kyrieri, Aniel Pahladsingh

Fri, 18 Jun 2010 00:00:00 GMT

Even though the phenomenon of refugees has changed over the course of recent decades, asylum remains an important issue for states all over the world. Whilst two-thirds of refugees live in developing countries, Western countries arguably have a special obligation due to their own value orientation. Thus, a common asylum policy looms large for the European Union (EU) for at least two reasons. Firstly, it has to ensure the maintenance of human rights within its territory and achieve common standards to avoid secondary refugee movements. Secondly, as the EU’s internal borders are increasingly disappearing, an adequate management of external borders becomes a common priority but requires burden-sharing among the Member States (MS).

In the first instance, the EU has drawn up various directives which oblige Member States to adopt minimum standards in the area of asylum. National policies and practices should be in line with those standards so as to promote the second phase of a Common European Asylum System (CEAS). The authors aim to seek suggestions on how Member States’ practices and policies can strengthen the CEAS by complying and rising above the minimum standards and thus improving the protection of human rights for asylum seekers. Whilst seeking better practices and policies the authors use examples from the current situation in the Netherlands and Greece.

The paper is divided into four sections. The first section provides some background information on the international legislation which can be seen as a framework of the EU policies. The second looks into the need for European refugee protection and focuses on the concept of the CEAS. It introduces the main legislative instruments in the asylum process and discusses future possibilities. The third section examines examples of Dutch policies and practices in relation to the minimum standards instruments. In this framework, ‘good’ and ‘less good’ practices as well as problems with the application of the EU minimum standards will be highlighted. Additionally, the influence of human rights will be examined, thus demonstrating that the jurisprudence of the European Court of Human Rights (ECtHR) is also important for asylum seekers’ policies and practices. The last section of the paper provides some policy recommendations and gives a summary of practices which may apply in asylum cases.

The Lisbon Treaty stipulations on Development Cooperation and the Council Decision of 25 March 2010 (Draft) establishing the organisation and functioning of the European External Action Service - by Dr Simon Duke, Dr Steven Blockmans

Tue, 04 May 2010 00:00:00 GMT

Contrary to the emerging legal advice on the potential role of the European External Action Service (EEAS) and development cooperation under the Lisbon Treaty, this legal brief argues that the stipulations concerning this area contained in the proposal for a Council decision of 25 March 2010 on the EEAS, are entirely consonant with the Treaty. In particular this brief argues that development cooperation is a shared competence and not, as is often argued, an exclusive competence. It is also noted that the Treaty places the Common Foreign and Security Policy (CFSP) on an equal footing with other EU external relations policies and brings an end to the default setting of, for instance, EU policy in development cooperation. The legally binding obligation for the Union to ensure consistency between the different areas of external action and between these and its other policies again provides the overarching rationale. Finally, it is observed that the elevation of the eradication of poverty to an objective of the Union in its external action offers far greater leverage for a development perspective in EU external actions, rather than any alleged illegal politicisation of development cooperation.

Competitive Dialogue - A practical guide - by Michael Burnett

Mon, 25 Jan 2010 00:00:00 GMT

Competitive Dialogue has been hailed by some as the new solution for public authorities wanting to award contracts for complex infrastructure projects, while others see problems in applying it effectively to obtain value for money for the public sector. Objective advice for decision makers on when and how to use Competitive Dialogue is hard to find. This book - written for politicians, public officials and their professional advisers - is an independent guide for those facing these challenges at all levels in Europe.

After an explanation and analysis of legal framework for Competitive Dialogue, the book sets out how Competitive Dialogue emerged, how it compares to the Negotiated Procedure, the legal challenges in applying Competitive Dialogue, when it is appropriate to use it and where it is being used in the EU. Successive chapters then analyse the key issues arising in the implementation of Competitive Dialogue at each stage of the process and how they should be addressed. Finally, the book draws together the key conclusions for the future use of Competitive Dialogue and the actions needed to implement them at EU and national level. Taken together, they add up to an agenda for the future effective use of Competitive Dialogue.

Book Review
What people have said about “Competitive Dialogue – A practical guide”

“Burnett and Oder...have produced an essential practitioner’s guide into the complex area of concluding public contracts” Professor Christopher Bovis (in European PPP Law Review)
Read the review here.

“Has added to our understanding of the Competitive Dialogue process. If it is read and its guidance is followed there could be significant improvements in public sector procurement outcomes” John Tizard (in Government Opportunities)
Read the review here.

“This book is a unique addition to the existing literature on Competitive Dialogue...Burnett and Oder set out their findings in a clearly written, illustrative and practically relevant manner” Sylvia de Mars (in Public Procurement Law Review)
Read the review here.

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Fri, 01 Jan 2010 00:00:00 GMT

European Public Sector Award 2009 - Project Catalogue - by Marga Pröhl & Alexander Heichlinger

Fri, 06 Nov 2009 00:00:00 GMT

The catalogue is divided into two parts. In the first chapter, data and statistics on the applications are provided, i.e. an overview of the projects by countries, administrative level, and size of administration or sectorial area of the submitting institution. The subsequent chapter illustrates all the good practices following a brief introduction to each of the four EPSA 2009 thematic areas - Performance Improvement in Public Service Delivery (Theme I), Citizen Involvement (Theme II), New Forms of Partnership Working (Theme III) and Leadership and Management for Change (Theme IV) - and ordered by country and EPSA registration number. Each case description also provides the reader with contact details of the submitter and how to find more information about the project in order to facilitate the exchange of good practice and lessons learnt.

Taking the Pulse of European Public Administrations - key Findings of the European Public Sector Award 2009 - by Marga Pröhl, Alexander Heichlinger, Peter Ehn, Melanie Pissarius, Michael Burnett, Anita Rode, Tony Bass, Herma Kuperus

Fri, 06 Nov 2009 00:00:00 GMT

During the last 15-20 years the public sector has faced a number of challenges connected to changing socio-economic, environmental and political factors, including among others:

Demographic changes such as an ageing population, a diminishing working population and increased immigration;
Environmental changes, such as climate changes and shortage of space;
• Urbanisation including pressure on metropolitan areas, commuting and citizens’ demand for housing;
Globalisation, internationalisation and Europeanisation;
Diminishing “social capital”, including participation in elections and mistrust towards public administration and public services;
The emergence of complex social issues, arising from social fragmentation, not susceptible to single agency action and/or one dimensional responses;
Less willingness to increase resources to the public sector, despite higher demands and expectations of citizens for better services.

These issues are strong drivers for change in Europe’s public administrations and generally cut across traditional boundaries of government departments, and in some cases of the responsibilities of different levels of government; this presents challenges to public administrations in the way they deliver their public services. Consequently, a number of profound reforms have taken place and continue to do so at all levels of public administration. The (ultimate) purpose of the different reforms is to make governments more responsive to society’s changing needs and demands.

Training and Human Resource Development in the European Union Member States: New Practices and Innovative Trends - by Danielle Bossaert

Sat, 01 Aug 2009 00:00:00 GMT

In an age characterised by rapid economic, political and technological change, training has become a key element in the development of a more professional human resource management (HRM) as well as an important lever for facilitating cultural change at the workplace.

During the last decade, many European countries have reviewed their training approach in the context of the reform processes in the public sector and of the introduction of a more professional HRM. Although these processes vary in scope and ambition in the different countries, it is interesting to analyse whether there have been any common developments in the field of training during the last decade and what impact modernisation of the public sector has had on training in general.

One major objective of this publication is to take a closer look at some modern practices in the field of training, by focusing on questions to determine who the main actors in the field of training and what their competences are, how training is organised, how it is linked to the other elements of HRM (selection procedures, career development, promotion etc.) and what the prerequisites of an effective evaluation methodology are.

This publication will be of interest to practitioners who have to muddle through sometimes difficult reform processes as well as academics studying recent developments and trends in the field of public sector training.

21st Century Comitology: Implementing Committees in the Enlarged European Union - by Thomas Christiansen, Johanna Miriam Oettel and Beatrice Vaccari (eds)

Tue, 17 Mar 2009 00:00:00 GMT

21st Century Comitology brings together an international group of experts, from scientific scholars to policy makers, who provide an up-to-date and comprehensive account of comitology today. The book looks at comitology - the system of committees working with the European Commission to implement EU legislation - from a range of different perspectives; examining the theoretical foundations, the past evolution, the current practice and the future challenges of the system. Individual chapters are devoted to recent developments in key sectors (such as financial services regulation or the authorisation of genetically modified organisms), whilst other authors address the respective roles of the European Parliament and the European Court of Justice in developing the rules of the system.

A major theme of the book is recent changes to comitology; with authors addressing the outcome of the 2006 legislative reform, the debates about comitology in the context of the current round of Treaty reform, and the impact that enlargement with the arrival of 12 new Member States has had on the system. With respect to comitology reform, the book also contains contributions from insiders providing accounts from the perspective of the Parliament, Council and Commission.

Quality Development in the Field of Justice - by Patrick Staes and Nick Thijs

Thu, 01 Jan 2009 00:00:00 GMT

The public sector has to cope with a lot of challenges and respond to the many new needs and demands of modern society. Consequently the public sector is frequently the object of major reforms. These reforms and modernisation initiatives are characterised by a multiple focus on "citizen and user orientation", "efficiency and effectiveness", "transparency", "quality care", "benchmarking", "result orientation" and "accountability". As with all sectors of the public service, the judiciary and judicial authorities face the challenges and pressures and are subject to wide-ranging reforms.
The key question in this respect is: How can the basic requirements of a legal system, such as equal justice for all and the independence and autonomy of the courts in administering justice be combined with effectiveness, efficiency and quality? Questions raised in this publication include: Can quality models such as the Common Assessment framework (CAF) be used in this context, or does the specific nature of justice demand an alternative approach? How do organizations in the field of justice deal with their "citizen/customers"? How do they deal with efficiency and effectiveness and what are the initiatives they take to improve quality?
As a study of the Common Assessment Framework (CAF) and its application in the judicial sector, this publication is divided into two parts:

The first part provides a comprehensive introduction to quality management in general; touching upon its evolution, the different models used, and a more specific explanation of CAF and how it is used in the public sector. As well as the history and context of the model, the practical side is looked at in detail - from implementation to results, improvement actions and performance measurement.
The second part puts flesh on the theoretical bones of the first: Judicial institutions from different European countries introduce Good Practices for improving quality in the field of justice. Among them are the Courts of Denmark, the Court of Appeal in Western Sweden, the Bolzano Public Prosecutor's Office in Italy, the work done by the European Commission for the Efficiency of Justice (CEPEJ) of the Council of Europe, and the Belgian, Finnish and Dutch approaches to the judiciary.

This publication is an attempt to contribute to the debate on quality management in the field in justice, based upon experiences in the public sector field by the editors, and by gathering interesting cases from all over Europe, in the hope it will provide inspiration.

Cross-Border eGovernment Interoperability: Connecting Public Services Communities - by EIPA & Politech Institute

Tue, 04 Nov 2008 00:00:00 GMT

Connecting Public Services Communities is an initiative launched by EIPA, in cooperation with the Politech institute, with the aim of establishing a community of practice on Cross-Border Interoperability in order to stimulate the debate and promote the exchange of good practices among different EU Member States and eGovernment stakeholders to successfully meet the challenges raised by the eGovernment Ministerial Declaration on Cross Border Interoperability.

Connecting Public Services Communities was launched with a Roundtable within the Bled eConference (SI) in June 2008, which brought together high level practitioners from local and national administrations from EU Member States, representatives from the private sector, the EC and the academic world. In October 2008, a second event was celebrated in Paris within the World e-Democracy Forum to present the Exclusive Edition of the European Review of Political Technologies specially dedicated to the cases and good practices presented by the participants of the Community.

Regulating Conflicts of Interest for Holders of Public Office in the European Union - by Christoph Demmke, Mark Bovens, Thomas Henökl and Timo Moilanen

Wed, 22 Oct 2008 00:00:00 GMT

Only available in English

More and better rules on conflicts of interest for Holders of Public Office should - at least in theory - lead to more trust, greater accountability, more integrity and less unethical behaviour/corruption. New rules should also provide a tool for identifying and resolving potential conflicts of interest, as well as:
• increase public confidence in the government;
• demonstrate the high level of integrity of the vast majority of Government officials;
• prevent conflicts of interest from arising because official activities would be subject to public scrutiny;
• deter persons whose personal finances would not bear up to public scrutiny from entering public service; and
• better enable the public to judge the performance of public officials in the light of their outside financial interests.

This book discusses the (effectiveness of) existing rules and standards for Holders of Public Office as regards conflicts of interest in the Member States of the EU as well as in the EU institutions. It presents findings from a comparative study for the European Commission which analyses and compares the various rules and standards contained in the laws, regulations and codes of conduct for Members of Government, elected Members of Parliament (legislators), Judges of the Courts of Justice (Supreme Courts or Constitutional Courts), and Members or Directors of the Courts of Audit and Central or National Banks.
By conducting exhaustive empirical research on the ethics systems of the various national and European institutions, in-depth insight in an extremely complex and politically very sensitive subject could be gained. As can be demonstrated, current reform processes in the field of conflicts of interest are leading to new trends and innovations that can be of great interest for national and the EU institutions who are eager to reform their policies and instruments.

State Aid Policy in the European Community: Principles and Practice – Second Edition - by Phedon Nicolaides, Mihalis Kekelekis and Maria Kleis

Mon, 20 Oct 2008 00:00:00 GMT

Only available in English

Following directly on from the completion of the European Commission's State Aid Action Plan, this thorough guide provides a concise review of the current state aid policy of the European Community. Certain kinds of state aid are no longer allowed, some other kinds are now possible, while certain types and amounts of aid are now subject to more detailed and rigorous assessment. Increasingly, Member States tend to shift emphasis from supporting individual companies or sectors, towards pursuing horizontal policy objectives.
The book not only explains the principles on which European state aid policy is based and how it is applied in practice, but also highlights recent legislation adopted with the ultimate aim of directing Member States towards meeting the Lisbon objectives and responding to successive European Council calls for "less and better targeted aid". The authors identify the most recent sources of EC law on state aid, and analyse the latest landmark European Commission decisions and judgements of EU Courts. They also offer useful guidance on how to design state aid measures.
Among the many specific topics covered are the following:
• the balancing test for compatibility with the common market;
• exceptions for transport and "services of general economic interest";
• the Commission's supervisory control; and
• state aid monitoring procedures.

Numerous revealing case studies are presented, and useful appendices offer legislative texts and insights into defined areas of practice such as de minimis aid, the SME definition, risk capital for SMEs, aid for research and development and innovation, aid for rescue and restructuring, regional aid, or finally aid for agricultural, environmental or transport purposes.
The guide has developed from seminars on EC state aid law and policy organised during the past decade by the European Institute of Public Administration (EIPA). In line with those seminars, this book will be of great practical value for policy-makers and practitioners managing state aid in the public administrations of the EC Member States and its partner countries.

* €60.00 for participants in EIPA seminars.

Measuring Individual and Organisational Performance in the Public Services of EU Member States - by Christoph Demmke, Gerhard Hammerschmid and Renate Meyer

Thu, 24 Jul 2008 00:00:00 GMT

This study compares and analyses the different individual and organisational performance assessment systems used by the public administrations of the Member States of the European Union (and Norway).
This publication presents an analysis and comparison of the various performance assessment systems in place, their objectives, working procedures, challenges and effects. The focus, therefore, is less on concepts and more on the actual practices of managers doing performance assessments.
The overall goal is to explore the main management challenges and success factors of implementing individual appraisal systems in public services in Europe. Based on deepening insights and practical experiences, the study intends to:

make available up-to-date information on experiences across European public administrations;
identify the main leadership challenges in successfully conducting individual assessments and linking them to organisational performance;
present and discuss good practices in the field;
provide practical guidance, by identifying the factors that will assist organisations in the design, implementation and revaluation of their systems in order to make performance assessments run more smoothly and contribute to improved organisational performance.

Another purpose of this comparative study is to present more empirical evidence on the relationship between the assessment of individual and organisational performance. What are the criteria used? What is the relationship between organisational performance and individual performance? How can organisational and individual performance be measured? What are the main challenges in measuring organisational performance and individual performance? Are recent reforms in the field of individual performance assessment enhancing organisational performance?

The European Commission:Inside and Out – ‘Administering EU Foreign Policy after Lisbon: The case of the EEAS’ - by Dr Simon Duke

Fri, 16 May 2008 00:00:00 GMT

Paper prepared for the EU-Consent Workshop, Edinburgh, May 15-16 2008

This panel has been invited to consider the timely theme, ‘Administering EU Foreign Policy after Lisbon’. The title alone begs a number of questions. We do not know for sure that Lisbon will be ratified and the hopes of the Eurosceptics are pinned on Ireland’s referendum. The term ‘foreign policy’ covers a whole range of activities, including the external ramifications of internal policies, the external effects of the Eurozone, right through to the more traditional areas associated with diplomacy and crisis management. Then there is the question of what is meant by ‘administering’; in this contribution emphasis is placed on those treaty-based efforts to improve the consistency and coherence of EU external relations. Aside from these terminological issues, there is the broader challenge of trying to understand the administrative implications of the Lisbon Treaty at a time when, for understandable reasons, there is extreme reluctance to reveal any cards by those who are and will be involved in EU external relations. So, what can the researcher contribute at this juncture?
The response, which provides the framework for this contribution, is twofold. First, the researcher can pose the obvious, and perhaps not so obvious, questions that arise from a careful reading of the Lisbon Treaty. The argument to be followed below is that the treaty holds the potential to address many of the current issues of consistency and coherence that bedevil the EU in its external relations, but that the realisation of this potential will depend very much upon what happens post-ratification since the treaty only provides a loose framework and the details have yet to emerge. The importance of debating potentially sensitive developments outside the EU institutions is all the more important at a time when staff in the institutions are, for understandable reasons, generally disinclined to engage in debate. This does not, however, imply that staff within the institutions are disinterested in the external debate.
The second response is that the researcher, unlike most practitioners, has the luxury of often contemplating a broader picture. This point ties in with the overarching theme of this workshop, the ‘Once in a generation survey’, since the chance to reform the external relations of the EU arises once in a generation; the costs of not getting the reforms right will last for more than a generation. It has taken almost two generations to get to the current point where there is apparent consensus on the need to change the way in which the Union conducts its external relations. A whole generation, or more, inside and beyond Europe will be influenced by the manner in which the Lisbon treaty is, or is not, implemented.

Managing Structural Funds: A Step-by-Step Practical Handbook - by Robin Smail, Luc Broos and Elsa Kuijpers

Tue, 15 Apr 2008 00:00:00 GMT

This handbook describes and explains the series of programming and management tasks involved in implementing Structural Funds and Cohesion Fund programmes and projects for the programming period 2007-2013.
Many of the tasks described relate specifically to the new regulations which govern the use of the Structural Funds. These regulations are designed to reflect the most recent reform of EU cohesion policy, which aims to simplify the policy, further decentralise administration, increase financial accountability and enhance the effectiveness of the Funds.
However, the tasks, tools and procedures described in this handbook go beyond the new regulations. They cover, for example, project development activities, programme and project evaluation techniques and the fundamentals of monitoring procedures.
The handbook provides a step-by-step guide to the tasks to be performed, as far as possible in a chronological order. The descriptions provided here should be complementary to the information found in official documentation.
The handbook is split into three parts. Part I deals with the reformed cohesion policy and the new programming context, and explains how National Strategic Reference Frameworks have been put together. Part II covers the vast array of programme preparation and management tasks. It includes descriptions of how operations get started, what the financial management and control tasks are, and how to monitor, evaluate and close programmes. Part III looks at project development, project management and all stages of project monitoring and evaluation

Publications test entry - by Robin Smail , Luc Broos and Elsa Kuijpers

Fri, 04 Jan 2008 00:00:00 GMT

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Tue, 01 Jan 2008 00:00:00 GMT

Performance Assessment in the Public Services of the EU Member States: Procedure for Performance Appraisal, for Employee Interviews and Target Agreements - by Christoph Demmke

Mon, 10 Dec 2007 00:00:00 GMT

Also available in German
Classic performance appraisals have in the past few years been viewed very critically across Europe. Frequently performance appraisals were (if conducted at all) perceived as necessary chores in the everyday administrative life. Neither the superiors nor the employees were interested in the appraisals. However, this lack of interest derived from different reasons. Whereas the one group did not wish to conduct evaluations, the other group did not wish to be evaluated. Frequently performance appraisals had no consequences: In many cases, the appraisals had no significant effects on the work conditions of the personnel. The principle of life- long employment contracts, the seniority principle and more or less automatic promotions put the use of performance appraisals into question. The appraisal system itself represented another weakness: Bureaucratic requirements and a multitude of criteria to be evaluated led to subjective results. This subjectivity has been frequently and rightly criticised. Another point that yielded much criticism is the tendency to assign ratings that are too high, in order to prevent internal personnel management conflicts.
In the meantime, the traditional legitimation problems involved with the instrument of performance appraisal have changed fundamentally. Additionally the instrument itself has significantly gained importance. In many Member States, the performance appraisal is increasingly and more consistently linked to consequences for the personnel. These consequences affect performance agreements, performance-related pay, career development, promotions, and increasingly also job security. With these changes, the instrument of performance appraisal has gained a position at the core of human resource management. Yet the changes are not limited to the increased importance of this instrument. In fact, the increased significance also demands improved application and professionalisation of the entire management process.
This publication by Christoph Demmke investigates and analyses this reform process from a comparative and empirical point of view. It examines the situation in the public services Member States of the EU, Norway and the European Commission.

Leistungsbewertung im öffentlichen Dienst in den Leistungsbewertung im öffentlichen Dienst in den Mitgliedstaaten der EU: Verfahren zur Leistungsbewertung, für Mitarbeitergespräche und Zielvereinbarungen - by Christoph Demmke

Sun, 09 Dec 2007 00:00:00 GMT

Auch in Englisch erhältlich
Klassische Leistungsbeurteilungen wurden in den letzten Jahren europaweit sehr kritisch bewertet. Häufig wurden Leistungsbeurteilungen (wenn sie überhaupt durchgeführt wurden) als notwendige Pflichtaufgaben im Verwaltungsalltag empfunden. Weder Vorgesetzte noch Mitarbeiter hatten ein Interesse an Beurteilungen, beide allerdings aus unterschiedlichen Motivationen. Während die eine Gruppe nicht beurteilen wollte, wollte die andere Gruppe nicht beurteilt werden. Häufig waren Leistungsbeurteilungen ohne Konsequenzen: In vielen Fällen hatte die Durchführung von Beurteilungen keine durchgreifenden Auswirkungen auf die Arbeitsbedingungen des Personals. Das Prinzip der lebenslangen Anstellung, das Senioritätsprinzip sowie mehr oder weniger automatische Beförderungen, stellten den Nutzen von Leistungsbeurteilungen in Frage. Ein zusätzlicher Schwachpunkt stellte das Beurteilungssystem dar: Bürokratische Anforderungen und eine Vielzahl an Beurteilungsmerkmalen führten zu subjektiven Beurteilungen. Zu Recht wurde diese Subjektivität sowie die häufige Tendenz immer wieder kritisiert, zu gute Noten zu vergeben, um interne Konflikte im Personalmanagement zu vermeiden.
Mittlerweile haben sich die klassischen Legitimationsprobleme des Instruments der Leistungsbeurteilung grundsätzlich verändert. Daneben ist das Instrument als solches wesentlich wichtiger geworden. In vielen Mitgliedstaaten ist die Leistungsbeurteilung heute stärker und konsequenter mit personellen Konsequenzen verbunden, die Auswirkungen auf Leistungsabsprachen, Leistungsbezahlung, Laufbahnentwicklung, Beförderungsentscheidungen und – zunehmend – Arbeitsplatzsicherheit haben. Mit diesen Änderungen rückt das Instrument der Leistungsbewertung in das Zentrum des Personalmanagements. Hingegen ist dieses Instrument nicht nur wichtiger geworden. Vielmehr erfordert die gestiegene Bedeutung des Instruments auch eine verbesserte Anwendung und Professionalisierung des gesamten Managementprozesses. In dieser Studie wird dieser Reformprozess untersucht und analysiert.
Diese Veröffentlichung von Christoph Demmke untersucht den gegenwärtigen Reformprozess von einer vergleichenden – und (erstmals) empirischen Perspektive in den öffentlichen Verwaltungen der EU-Mitgliedstaaten, der Europäischen Kommission und Norwegen.

CAF - Movie - by Caf Resource Centre

Sat, 13 Oct 2007 00:00:00 GMT

In this 1/2 hour movie, 7 organisations from 6 different European countries tell us how they started and implemented the quality approach with CAF, which improvements were put into place and how this was appreciated by both internal and external users of their services. We invite current and future CAF users to discover the effectiveness of CAF in improving public sector organisations through the testimonies of CAF users and their customers in Belgium, Czech Republic, Denmark, Germany, Italy and Portugal.

Click here to watch the the movie online

Public-Private Partnerships (PPP) - A Decision Maker's Guide - by Michael Burnett

Mon, 27 Aug 2007 00:00:00 GMT

Book review by EPPPL

Public-Private Partnerships (PPP) are now firmly established in the European political landscape as a means of public service delivery. Their use has grown rapidly in recent years and the main drivers – particularly the gap between the financing needed to modernise infrastructure and improve public services and the public funds available at EU, national and sub-national level – are as strong as ever.
But the way PPP are often implemented is in need of reform. The main needs are to increase legal certainty and the transparency and competitiveness of PPP procurement processes and to develop an approach which better fits the needs of the public sector for value for money.
Yet objective advice for decision makers on when and how to use PPP effectively and how to create the right policy, legal and operational framework is hard to find. Cutting through the jargon and the misconceptions, this book is an independent guide for those facing these challenges at all levels in Europe. In particular, it aims to move beyond the mindset in which PPP is used as the default option for public investment projects without a pragmatic and rigorous assessment on a case by case basis.
Written from a public sector perspective, this book has two main audiences in mind, i.e.:

European decision makers responsible for creating an appropriate legal framework at EU level for PPP and wanting to understand the impact of European policy decisions on how PPP are used to implement them
Politicians and senior public officials at national level currently facing choices about when and how to use PPP and also how to remove administrative and legal barriers to using them.

After an introduction which explains what PPP are and how and why they have emerged, successive chapters deal with the management of a national PPP programme, an analysis of the policy, legal and operational framework for PPP (including how private sector suppliers and financiers view PPP) and how and why auditors should play a key role in ensuring the effective implementation of PPP.
Finally, the book includes recommendations to improve the future use of PPP, aimed at better legislation, more effective policy making, more effective implementation of PPP and an enhanced role for auditors as the guardians of value for money.
The recommendations add up to an agenda for reforming the implementation of PPP in Europe. It is an agenda which will need political will both at national and European level to implement, but it is one which, as the author argues, needs to be implemented to secure the future of PPP as an option available to policy makers responsible for delivering public services.

Dezentralisierung und Verantwortlichkeit als Schwerpunkte der Modernisierung der öffentlichen Verwaltung: Herausforderungen und Folgen für das Personal-Management - by Christoph Demmke, Gerhard Hammerschmid und Renate Meyer

Wed, 25 Jul 2007 00:00:00 GMT

Die Dezentralisierung von Verantwortlichkeiten innerhalb von Behörden mit einer damit einhergehenden Zunahme der Führungsautonomie zur Leistungssteigerung sowie zur verbesserten Anpassung des öffentlichen Dienstes an lokale Erfordernisse waren während der letzten beiden Jahrzehnte in zahlreichen Ländern Hauptthemen bei der Modernisierung der öffentlichen Verwaltung. Eine gesteigerte individuelle Motivation und Leistungsfähigkeit werden oftmals als Belege hierfür angeführt. Insbesondere hinsichtlich der HRM-Praxis scheinen zahlreiche europäische Länder Strategien zu verfolgen, mit denen hoch zentralisierte HRM-Systeme und -Verfahren durch dezentralisierte HRM-Prozesse ersetzt werden, bei denen Entscheidungen lokaler getroffen werden, so dass leitenden Beamten/innen und verantwortlichen Führungskräften größerer Ermessensspielraum und mehr Verantwortlichkeit zugewiesen wird.

In dieser Publikation von Christoph Demmke, Gerhard Hammerschmid und Renate Meyer wird analysiert, inwieweit HRM-Zuständigkeiten und Befugnisse in den europäischen Ländern auf untere Führungsebenen verlagert wurden und wie die unterschiedlichen Beteiligten, wie etwa die für den gesamten öffentlichen Dienst arbeitenden HRM-Einheiten, die zuständigen Minister, die ministeriumsinternen HRM-Einheiten, die leitenden Verwaltungsebenen, das zuständige Management und die Arbeitnehmervertreter/innen in die Entscheidungsfindung der HRM-Praxis einbezogen werden. Kommt es zu einer Europäisierung der Verwaltungsreformprogramme und zu einer allgemeinen Auflösung traditioneller hierarchischer, zentral organisierter HRM-Leitlinien aufgrund einer zunehmenden Machtdezentralisierung hin zu den unteren Ebenen der öffentlichen Verwaltung oder zu den teilautonomen Verwaltungen (Agenturen usw.)? Wie finden die Verwaltungen des öffentlichen Dienstes und der Regierungen in Europa einen angemessenen Ausgleich zwischen den zeitgleich vorliegenden Forderungen nach Dezentralisierung von Verantwortlichkeiten und der Berücksichtigung von Zentralkoordinierung sowie Kontrollerfordernissen?

Enforcement Actions under EU Law: The New Member States - by Lora Borissova

Tue, 24 Jul 2007 00:00:00 GMT

Through the infringement procedure, provided for by Article 226 of the Treaty establishing the European Community (TEC), the Commission can stimulate Member States to comply effectively with their obligations under Community law. In cases of non-compliance, the Commission may bring Member States before the Court of Justice of the EC (ECJ). Indeed, the Commission may use this possibility because it is the "guardian of the Treaty" and has to ensure the proper application of Community law, in line with Article 211 TEC.
The White Paper on European Governance published by the Commission in 2001 emphasises that the primary responsibility for applying Community law lies with national administrations and courts in the Member States. Therefore, the primary objective of enforcement actions against Member States is to monitor their compliance and to respond to cases of non-compliance. However, through adequate exercise of its discretion and improved cooperation with Member States, the Commission aims to encourage them to comply voluntarily with Community law as quickly as possible. Furthermore, under the current Commission's strategic objectives for the period 2005-2009, prompt and adequate transposition and vigorous pursuit of infringements are considered critical to the credibility of European legislation and the effectiveness of policies.
The infringement procedure is of crucial importance to the new Member States and of high relevance to the candidate countries that have applied for accession to the EU. On the one hand, they have to adopt the whole acquis upon accession with only few transitional periods granted in a limited number of areas. New Member States have already submitted a large number of transposition notifications to the Commission. On the other hand and despite their huge efforts, new Member States experience considerable difficulties in implementing directives and other EC legislative instruments. The process of implementation is a challenging stumbling block for all new Member States.
This paper will focus on the recent and main trends in the application of enforcement actions against new Member States, not only taking an empirical angle (infringements by Member States and by sectors) but also involving analytical reasoning. This analysis serves to present the fundamentals and relevance of the infringement procedure in the framework of the enlarged European Union (the object of the first part of this paper) where administrations of the new Member States will have to adopt this new way of thinking and of implementing know-how (addressed in the second part) while acquiring a better understanding of the principal characteristics of the EC/EU's legal system (direct effect, supremacy, indirect effect, state liability) and of the EC's general principles of law. Therefore, the second part of the paper will also focus on justifications deemed acceptable by the ECJ and others that are considered inadmissible.
New Member States have to adjust to the requirements of the acquis (possibilities of opting out are not included in the Accession Treaties) and this obligation applies to all independent state institutions (including the judiciary where reforms represent a prerequisite for accession by some candidate countries). Efficient further implementation of the acquis and adequate understanding of the infringement procedure will facilitate new Member States' (and candidate countries') integration in the EU and, eventually, make their accession a success.

Reform of Public Procurement Remedies: A First Look at the Commission Proposal for an Amending Directive - by Lisa Koskinen

Thu, 04 Jan 2007 00:00:00 GMT

The European legal framework for remedies in the field of public procurement is undergoing a reform process. In May 2006, the Commission proposed new measures aiming to improve the effectiveness of review procedures concerning the award of public contracts. This article examines current problems in the remedies systems and assesses the main measures proposed by the Commission. It welcomes the Commission's approach and argues that the proposed measures are likely to contribute to more effective enforcement of public procurement rules.However, the article argues that further improvements are required in terms of clarification of specific provisions. It also calls for the need to address other relevant issues in forthcoming legislation.

test 13 char ISBN - by Me

Mon, 01 Jan 2007 00:00:00 GMT

ISBN no. will be 13 chars from 2007