Динамика реформских процеса као фактор успешности реформи у Републици Македонији
How Reform Dynamics Affect Reform Effectiveness in the Republic of Macedonia

Author(s): Borče Davitkovski, Dragan Gocevski, Elena Davitkovska
Subject(s): Law, Constitution, Jurisprudence, Public Administration, Public Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Administration;Reform;Law;Civil servans;Administrative procedures;Agency;
Summary/Abstract: It can be noted that Former Yugoslav Republics moving towards equal EU membership are in an unequal starting position, having to stride through various transitioning processes faster than they would have under different circumstances. This is more so emphasized in public administration reforms. Efforts are made in order to harmonize legislation and achieve compatibility with EU standards such as: organization of the administrative system, decentralization, regulating the status of civil servants, formal administrative procedures, and many others. Many factors can be listed that influence the success of administrative reforms: political determination, general consensus for the will to change, government capacity (financial and staff) to implement reforms, thorough strategic planning, adequate legal framework, an objective regulatory impact factor analysis, etc. However, one might inquire, weather 'time' can be considered a factor of its own. Meaning, the time necessary to implement certain reform processes. Off course, time – in the sense of a simple period of time needed to go by – on its own is not, but conjoined with any of the aforementioned factors, results with a very different and relevant conditional for the success of a certain reform (a very logical one in that): each process in order to be completed successfully, requires a certain period of time – 6 months to a year of thorough analysis prior to formulation of a solution to a public/societal problem. A succeeding phase is formulation of an adequate legal framework to the problem, which is most precisely determined by legal and constitutional legislative procedures, accompanied by regulatory impact factor projections, and many others. These are but a few undisputed variables that can not be improvised (if one seeks a proper solution). Hence, we set the question: which would be the most adequate dynamics for administrative reforms (in Macedonia) to allow most successful implementation of administrative reforms?The examination of this issue, in this paper, is conducted through legal analysis of the administrative system in Macedonia since its independence: 1991 to 2011; in three periods: 1991–1999, 2000–2010 and future perspectives 2011–2015. Bearing in mind the limitation of the resources (respectively) a representative sample is selected for the research: Law on organization and operation of administration, Law on Civil Servants, Law on General Administrative Procedure, Law on Administrative Disputes, Law on Institutions of Public Interest. As controlling variables in the research the authors used reports on the implementation of various legal amendments to the aforementioned acts.The primary motive for this research is the intriguing frequency of administrative reforms conducted in Macedonia. The Law on Civil Servants underwent 25 amendments since it's enactment – 2000–2011, the Law on Organization and Operation of Administration had been amended 5 times in the same period, the Law on General Administrative Procedure 4 in the period 2005–2011, the Law on Administrative Disputes 5 amendments 2006–2011 and as the most stable of acts the

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