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ASSESSMENT OF PUBLIC ADMINISTRATION IN TURKEY

ASSESSMENT OF PUBLIC ADMINISTRATION IN TURKEY. INTRODUCTION. Forces of change: Internal: Economic crises Earthquake External IMF, WB commitments EU candidacy Amendments to Constitution. CONTENTS. Overv i ew of the state of publ i c adm i n i strat i on and governance i n turkey

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ASSESSMENT OF PUBLIC ADMINISTRATION IN TURKEY

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  1. ASSESSMENT OF PUBLIC ADMINISTRATION IN TURKEY

  2. INTRODUCTION • Forces of change: • Internal: • Economic crises • Earthquake • External • IMF, WB commitments • EU candidacy • Amendments to Constitution

  3. CONTENTS • Overview of the state of public administration and governance in turkey • Needs and challenges in the process of modernization of public administration • Decentralisation of central governance and decision-making • Public service delivery • Human resources in the public sector and leadership • E-government • Enabling environment for private sector and investment

  4. OVERVIEW OF THE STATE OF PUBLIC ADMINISTRATION AND GOVERNANCE IN TURKEY • Public administration in line with the needs of society and internal and external developments • 1982 Constitution • Principles: • Legality Of The Administration • Rule Of Law • Concept Of The Social State • State Intervention In The Economic Field • Secularism • Integrity Of Administration • Judicial Review Through Administrative Courts • Amendments to the Constitution

  5. Administration: • Within the Executive branch, but a separate entity • Operatesin close relation with the Executive and under the supervision of the legislative, executive and judicial branches • Administrative Structure: • 81 provinces • 850 districts • 3215 municipalities • 16 metropolitan municipalities • 35000 villages

  6. Administrative structure: • Central Administration • Central Departments • Provincial Organizations • Autonomous Bodies • Regulatory Bodies • Functionally Decentralized Org. (State Economic Enterprises) • Higher Education Board • Local administration • Special Provincial Administrations • Municipalities • Village Administrations

  7. Central Administration • Central Departments and Provincial Organizations • The Office Of The Prime Minister, the Council Of Ministers, Consultative Agencies • Provincial Organizations; provincial units of the Ministries. • Hierarchical supervision

  8. Autonomous bodies: • Regulatory bodies;private sector driven structure, regulatory policy • Telecommunication Authority, • Energy Market Regulatory Authority, • Board to regulate tobacco and alcoholic beverages, • Board to regulate sugar markets, • Banking Regulation and Supervision Agency • Capital Markets Board of Turkey, • Competition Authority, • Public Tender Authority • Radio Television Supreme Council

  9. State Economic Enterprises • Higher Education Board

  10. Local administration • Administrative tutelage of the central administration • Divided into three main administrative tiers. • Special Provincial Administrations; provide public services deemed necessary on the outlying lands not under the jurisdiction of municipalities • Municipalities • Village Administrations

  11. NEEDS AND CHALLENGES • Transparency • Accountability • Participation • Women Participation • Responsiveness • The role of public sector in economy • Auditing • Centralist tradition and highly bureaucratic culture

  12. Transparency • State secret concept, leakage of information • Achievements: • The Law on the Organization of the Prime Ministry • The amended Civil Code • Right of Information Act • Live broadcast of plenary sessions of the Turkish Grand National Assembly

  13. Accountability • Bureaucratic and administrative supervision; • supervision by the superintendents • administrative tutelage over local administration • Risks in achieving accountability; corruption, bribery, favoritism and nepotism • Tools for providing accountability: • general elections • NGOs, and the media • administrative and financial accountability, the State Supervisory Council • a “total quality” approach • legal accountability; Constitutional Court, the High Court of Appeals, and the Council of State

  14. Participation • Political participation in Turkey usually takes the form of participation in elections and election campaigns; and, individual or collective petitioning to political organizations • The Eighth Five-Year Development Plan; “a participatory and people-based administrative system” • Local Agenda 21 • The Regulation on Environmental Impact Assessment (EIA)

  15. Women participation • Low female participation • Parliament: % 3.8 • Mayors of municipalities: % 0.6 • Provincial assembly members: % 1.4 • Municipal council members: % 1.6

  16. Responsiveness • Complexity and excessive red-tape in administrative procedures • Developments: • The Right to Information Act • Administrative Procedural Act

  17. Role of public sector in economy • Leadership of the public sector since 1930s

  18. Auditing • Ineffectiveness in the system of auditing • Reasons: • system is largely based on compliance audits • emphasis on the formal elements of auditing • results of auditing functions are not disclosed to the public

  19. Centralist tradition and highly bureaucratic culture • Solving local problems through the resources of central government instead of adopting local solutions • Unfairness in revenue sharing between central and local administrations • Weakness of local administrations

  20. DECENTRALISATION OF CENTRAL GOVERNANCE AND DECISION-MAKING • Attitude for annulling this centralist structure • Two draft laws on public administration • Public Administration Basic Law • Draft laws on Municipalities, Metropolitan Municipalities and Special Provincial Administrations (SPA) • Division of tasks; democratic governmental system through introducing good governance principles such as transparency, accountability, participation and responsiveness

  21. New tools for good governance in both central and local governments with the draft laws: • Consultation to related parties such as NGOs, universities and professional organizations for any kind of administrative decision or/and acts • Public administration shall provide all information • Fiscal information shall be issued to public at certain times of the year. • Role of civil societies shall be strengthened • Ombudsmanship at the provincial level is created • Existing neighborhood system will be empowered

  22. PUBLIC SERVICE DELIVERY • Main criticisms: • Intransparent and unaccountable bidding system • Delay in privatization process • Inadequate interest to allow foreign private companies • Ignored participation • Poor quality of services

  23. Recent developments: • Privatization • A new instrument in sectors such as communication (GSM operators), gas and electricity distribution, and transportation (Turkish Airlines). • Build- Operate- Transfer • Different models of BOT implementation • Legal disputes • Local administrations • Public Procurement Law • New procurement system which meets international standards, in particular EU standards • Public Tender Authority as a public legal entity

  24. Tools for public service delivery: • Services directly provided by public administration authorities • Contractual work • Partial privatization • Leasing • Concession • Subsidiary arrangements • Volunteer personnel • Self-help • Regulatory and tax incentives

  25. HUMAN RESOURCES IN THE PUBLIC SECTOR AND LEADERSHIP • Main criticism of human resources in public sector are as follows: • Rigid system • Evaluation of personnel was not depending on performance criteria • The salary system also has not been based on performance evaluation • Civil servants enjoy a life-time employment

  26. Legal framework • civil servants • right to establish trade unions without the right to strike (2001) • right to collective bargaining • Public workers • wider labor rights such as right to strike and right to be a member of a political party • Recruitment • lack of an objective public employment system • transformation of the system to a flexible one in accordance with the EU norms • a new entrance exam system

  27. Career • career system; • Ministries of Interior, Foreign Affairs and Finance • regulatory bodies and to specific governmental departments such as the State Planning Organization. • Training in public administration • no standard training system for civil servants • TODAİE • New perspective towards human resources • Public Administration Basic Draft Law

  28. E-GOVERNMENT • Weaknesses and challenges • Lack of sound infrastructure for e-government • Lack of well-defined vision and mission statement • Lack of cooperation among governmental agencies • Lack of information in the Internet environment • Lack of cooperation between governmental agencies and private sector agencies • Lack of willingness in the usage of e-government tools within bureaucracy • The lack of formal education regarding the usage of computers and the internet • The lack of legal framework in the field of e-government

  29. Recent developments • “Restructuring of the Public Administration Project” under the Prime Ministry • The EU initiative: eEurope Program and Action Plan- eTurkey • e-Transformation Turkey Project • computerized programs for service delivery, such as in tax collection and giving licenses • e-transformation projects in local government agencies • Localnet

  30. Good practices in e-government implementations • Ministry of Interior; applications for issuing passports • Ministry of InteriorDG of Registration and Citizenship • Retirement Department for Civil Servants • Ministry of Finance, Revenue Department

  31. ENABLING ENVIRONMENT FOR PRIVATE SECTOR AND INVESTMENT • Forces of change: • economic and political "restructuring“; Economic crises, natural disasters, regional and political challenges • accession process to the EU • Developments : • private sector is steadily gaining ground • creation of a more favorable environment is the result of the liberalization policies • positive developments in the economy • political stability with one party government of Turkey after a long period of coalition governments

  32. Difficulties and achievements • administrative structure- new public administration reform • psychologically negative perception of the bureaucratic apparatus- new spirit after the candidacy of Turkey to EU • legal problems stemming from the judicial system- academy for in-service training for judges • EU aquisproblems related to implementation- slow pace improvement • criticism to protection of intellectual property rights- new Procurement Law • unfair competition- Competition Authority; new Penal Code • protection of consumers; new Consumer Protection Law

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