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Measuring Rule of Law in Public Administration: Tool and Guide for Assisted Self-assessment
Folke Bernadotte Academy
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This self-assessment tool helps governments and donors identify, better understand, and more effectively address rule of law problems in administrative agencies and processes in transition, post-crisis and developing countries. It assesses rule of law according to six commonly accepted principles derived from international and human rights law – legality, accessibility, right to be heard, right to appeal, transparency and accountability - and categorises the findings into structural, institutional and access-related problems.
A novelty and important contribution of the tool to the range of existing assessment instruments is its focus on key qualitative and rights issues for the individual in a sector previously most concerned with quantity in output or efficient use of government resources. Qualitative and rights issues include, for example, whether the administration provides predictable, prompt, transparent decisions and services.
Another novelty is the emphasis on the “demand-side” of public administration – that is, the services that individuals themselves consider essential, and the aspects of these they consider problematic. Furthermore, the assessment effort is nationally and locally owned, with the targeted agencies and their “users” in lead of the process. However, the tool is not exclusive or designed to be applied in isolation. Rather, it may be used to expand or complement comprehensive public administration sector reviews or national strategies with specific rule of law perspectives and dimensions.
The appendices includes three different questionnaire: