due process as a factor of country competitiveness e-governance solutions for the rule of law
TRANSCRIPT
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Due Process as a Factor of Country Due Process as a Factor of Country CompetitivenessCompetitiveness
E-Governance Solutions
for the Rule of Law
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December 12, 2001 E-Governance Solutions 2
Determinants of Economic Growth Determinants of Economic Growth
GDPEducation LevelFertility RateGovernment ConsumptionRule of LawDemocracyInflation (Macro Economic Indicators)
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December 12, 2001 E-Governance Solutions 3
Rule of Law as a Key Factor Rule of Law as a Key Factor
The primary factor that consistently correlates with economic development is the rule of law.
“An expansion of the rule of law would raise economic growth and lead over time to a higher standard of living and, hence, to more democracy.” Prof. Robert Barro - The Determinants of Economic Growth: A Cross-Country Empirical Study (1997), p. 73.
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December 12, 2001 E-Governance Solutions 4
What is the Rule of Law? What is the Rule of Law?
Predictability, consistency and fairnessQuality of bureaucracy, lack of corruption, risk
of government interference in economic relations
Attractiveness of a country’s investment climate - legal efficiency
Core of “rule of law” is due process
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December 12, 2001 E-Governance Solutions 5
What is Due Process? What is Due Process?
Substantive rights vs. processDue process requires balance that any state
action (law, regulation or decision) that affects people’s rights meets the criteria of legal efficiency
Equal protection, consistency
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December 12, 2001 E-Governance Solutions 6
European/International Standard European/International Standard
International standard of “legal efficiency” - state action promotes a legitimate state interest in the most efficient way possible and with the least burden on the rights of the citizens
Least burdensome means to secure a legitimate state end
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December 12, 2001 E-Governance Solutions 7
Constitutional & Int’l Standard (1)Constitutional & Int’l Standard (1)
International Covenant on Economic, Social and Cultural Rights, Art. 4 “the State may subject such rights only to such limitations as are determined by law only in so far as this may be compatible with the nature of these rights and solely for the purpose of promoting the general welfare in a democratic society.”
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December 12, 2001 E-Governance Solutions 8
Constitutional & Int’l Standard (2)Constitutional & Int’l Standard (2)
RA Constitution, Art. 44 - “fundamental rights may only be restricted by law to the extent necessary for the protection of state and public security . . .”
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December 12, 2001 E-Governance Solutions 9
Public Information & ForaPublic Information & Fora
To use existing information more efficientlyMore readily up-dated, accessible on internetMuch already begunInternet is the new town square, which is not
limited by time or distance
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December 12, 2001 E-Governance Solutions 10
Four Elements of Due ProcessFour Elements of Due Process
Notice/PetitionOpportunity to be heardStandard of DecisionReview/Reconsideration
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December 12, 2001 E-Governance Solutions 11
Notice/PetitionNotice/Petition
Affected parties need to know planned changes in laws/regulations
People need a way to provide feedbackPublication in print and/or internet
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December 12, 2001 E-Governance Solutions 12
Opportunity to be heardOpportunity to be heard
Public discussionAffected parties need opportunity to explain
why good or badEssential for quality assuranceNo one can possibly foresee all possible
implicationsPublic hearing, internet bulletin board
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December 12, 2001 E-Governance Solutions 13
StandardsStandards
Reasoned decision-making takes facts, policy and law into account
Balance interestsDiscipline to prevent “legal inefficiency”
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December 12, 2001 E-Governance Solutions 14
Review/ReconsiderationReview/Reconsideration
Circumstances changeNo one is perfectNeed a means to correctGoal: a self-correcting system
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December 12, 2001 E-Governance Solutions 15
E-Governance SolutionsE-Governance Solutions
Judicial Opinions Web-SiteDraft Laws and Regulations Web-SiteLaws & Regulations Web-Site in Armenian,
Russian & EnglishOn-Line Government DirectoryFAQ
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December 12, 2001 E-Governance Solutions 16
Current StatusCurrent Status
Judicial OpinionsDraft Laws and RegulationsLawsGovernment DirectoryFAQAll exist in part, but it is time to coordinate and
assure timely and efficient completion
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December 12, 2001 E-Governance Solutions 17
Judicial Opinions Web-Site (1)Judicial Opinions Web-Site (1)
Well-reasoned, objective, consistent decision-making
While system not based on precedent, similar cases should be decided in a similar way
Starting with new Economic Court, Cassation Court, and Appeals Court, all decisions should be posted to the internet
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December 12, 2001 E-Governance Solutions 18
Judicial Opinions Web-Site (2)Judicial Opinions Web-Site (2)
Benefits– provide guidance for investors– show that Armenia’s court system does work– promote respect for judiciary– promote judicial independence– assist law-makers to improve laws
Required by European Convention on Human Rights - all decisions public
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December 12, 2001 E-Governance Solutions 19
Draft Laws & Regulation Web-Site (1)Draft Laws & Regulation Web-Site (1)
Goals– predictability– reduced legal risk– improved quality
Precedent: SEC, IADA database on www.gov.am - with feedback
Neutral site with accessibility
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December 12, 2001 E-Governance Solutions 20
Draft Laws & Regulation Web-Site (2)Draft Laws & Regulation Web-Site (2)
Create a public forum for deliberation and a
record for reconsideration and review
Give people directly affected a meaningful
opportunity to shape the most efficient
environment in which to live, work and invest
Legislative enactment necessary - “Access Act of
2002”
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December 12, 2001 E-Governance Solutions 21
Proposal - Access Act of 2002Proposal - Access Act of 2002
NoticeRight of review
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December 12, 2001 E-Governance Solutions 22
Laws & Regulations Web-Site (1)Laws & Regulations Web-Site (1)
Currently access in Armenia is very restricted, “for pay” databases not accessible to foreign investors, esp. in Armenian
Legal information barrier to foreign investment– serious investors reluctant to put money into a
country whose laws they cannot research or access in reliable and readable English translations
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December 12, 2001 E-Governance Solutions 23
Laws & Regulations Web-Site (2)Laws & Regulations Web-Site (2)
Need to create indigenous capacity for high-quality translation of legal text from Armenian into English
Should not overlook Russian, since Russia and CIS are important trading partners
Essential step toward European integration
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December 12, 2001 E-Governance Solutions 24
On-Line Government Directory (1)On-Line Government Directory (1)
Already exists in part– President’s Office– Government– National Assembly– MFA– ADA
Need to complete and “de-mystify” the gov’t. bureaucracy for investors and citizens
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December 12, 2001 E-Governance Solutions 25
On-Line Government Directory (2)On-Line Government Directory (2)
Organization chart subdivisions
StaffsNames and titlesAddressesPhone, fax and e-mail
Citations to statutory basis
ProceduresName of information
bureaus or office that handles citizen inquiries, complaints
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December 12, 2001 E-Governance Solutions 26
FAQFAQ
Step-by-step guide to procedures for common situations involving government bodies
100 or so common situationsProtects and guides both citizens and public
officialsMove from static rights to dynamic processes Foster citizen engagement
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December 12, 2001 E-Governance Solutions 27
FAQ SituationsFAQ Situations
Some examples of approximately 100 situations– renting and selling real property– utility disruptions– obtaining licenses– dealing with inspections, fines, penalties– clearing items through customs– applying for welfare benefits– registering a company
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December 12, 2001 E-Governance Solutions 28
Why E-Governance?Why E-Governance?
Much more accessible than other fora and means of communication– 100-500 times as accessible as hearings or paper
filings
Less intrusiveLow costSymbolic of Armenia’s IT advantage
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December 12, 2001 E-Governance Solutions 29
Benefits of E-Governance (1)Benefits of E-Governance (1)
Easy to search, up-date, accessible everywhere, including abroad
Improve efficiency of traditional mass media– TV– Press– Other information channels - NGOs, consulting
firms, lobbying groups
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December 12, 2001 E-Governance Solutions 30
Benefits of E-Governance (2)Benefits of E-Governance (2)
Close generational divide, encourage inclusion and engagement of younger generation in decision-making
Accelerate Armenia’s adaptive capacity for demands of dynamic global economy
Anti-corruption, transparency, cost-efficient
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December 12, 2001 E-Governance Solutions 31
What about E-Readiness (1)What about E-Readiness (1)
Armenia most e-ready country of CIS, despite high costs and restricted service caused by monopoly
Connectivity - libraries, schools, local government offices
Internet cafes, offices, educational institutions
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December 12, 2001 E-Governance Solutions 32
What about E-Readiness (2)What about E-Readiness (2)Ararat
Masis, Vedi, Artashat, Shahumyan
Armavir Echmiadzin, Metsamor, Armavir
Aragatsotn Ashtarak, Talin, Tsakhkahovit
Kotayk Nor Hajen, Abovyan, Yeghvard,
Dzorakhpur
Geghakunik Gavar, Martuni
Syunik Sissian, Goris, Kajaran, Meghri
Vayots Dzor Vayk, Jermuk, Aghavnadzor
Tavush Ijevan, Koghb
Lori Vanadzor, Stepanavan, Toumanyan
Shirak Gedq, Maralik, Akhuryan
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December 12, 2001 E-Governance Solutions 33
What about E-Readiness (3)What about E-Readiness (3)
E-divide significantly less than current access-divide
Network ofMunicipal Information CentersNetwork ofMunicipal Information Centers
IdjevanIdjevan
Charentsavan
CharentsavanAshtarak Ashtarak
SevanSevan
SisianSisian
Vanadzor Vanadzor
Yerevan Yerevan
Alaverdi
Alaverdi
Gyumri Gyumri
JermukJermuk
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December 12, 2001 E-Governance Solutions 34
SustainabilitySustainability
Public information needs to be freely availableInitial international donor funding, gradually
replaced by:– public funding– private foundation funding– fee for value-added services
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December 12, 2001 E-Governance Solutions 35
FundingFunding
0%10%20%30%40%50%
60%70%80%90%
100%
2002 2003 2004 2005 2006 2007 2008 2009
Commercial RevenuesPrivate FoundationsGovernmentDonors
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December 12, 2001 E-Governance Solutions 36
Competitive Legal FrameworkCompetitive Legal Framework
Competitive functionality achieved by:– Test Performance in Context– Abuse-Proofing– Written Demonstration
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December 12, 2001 E-Governance Solutions 37
Competitive FunctionalityCompetitive Functionality
All common and essential transactions easily performed
At least as efficient and enforceable under Armenian law as under international best practice
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December 12, 2001 E-Governance Solutions 38
Test Performance in ContextTest Performance in Context
Test laws in context – Other laws and local practices and institutions– Avoid patchwork of inconsistent codes designed for
other systems
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December 12, 2001 E-Governance Solutions 39
Abuse-proof Abuse-proof
Debug the law, protect from hackersExamine how a less than honest and diligent
person might abuse the law– for bribes, cause delay or undermine fair and
predictable outcome
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December 12, 2001 E-Governance Solutions 40
Require Written Demonstration Require Written Demonstration
Laws, regulations and decisions need to be reasoned
Demonstration that they meet criteria of “legal efficiency” before enactment
After enactment, need easy way to correct and improve, based on actual performance
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December 12, 2001 E-Governance Solutions 41
Next StepsNext Steps
Commitment from Stakeholders - Government, National Assembly, Judiciary, Public, Media, NGOs
Site-Content ProvidersSite-Design, Maintenance, HostsSite-Connectivity ProvidersPublic Awareness, Engagement, EmpowermentFunding - Donor, State, Private, Commercial