BIA STANDPOINT ON THE DRAFT LAW ON STRATEGIC PLANNING
BIA has developed a standpoint on the Draft Law on Strategic Planning, published for public consultations.
BIA has repeatedly declared negative positions and assessments of the state and overall performance of national strategic planning as a critically important function of the legislative and executive power, including on the occasion of the public consultation of the previous draft law, published on 19.03.2019.
We accept as fully justified and relevant the critical assessments as well as the articulated key deficits in national strategic planning set out in the report, the explanatory memorandum and the impact assessment to the Bill. On this basis, we express our strong support for an effective and timely legislative regulation of the modalities for the preparation, adoption, monitoring, reporting and control of the implementation of the national strategic documents constituting the national strategic framework and the defined measures and projects for the achievement of the national strategic objectives.
Some specific comments and suggestions:
1. The conceptual approach, conceptual framework and definitions of terms used need further refinement: strategic planning, implementation management.
2. The draft law introduces a repetition (tautology) of 'monitoring' activities, which are simultaneously included both in the term/definition of 'national strategic planning' (Art. 2) and in 'performance management', distinguished quite unjustifiably as a separate independent function from planning.
3. Additionally, the text of Art. 28, para. 1(2)-(4) of the Bill should be clarified and refined as it refers to non-existent texts of the Law on Administration.
4. We suggest that a new paragraph be included in Article 8 (e.g. after paragraph 4,) with text regulating a single multi-level classification to which a corresponding codification of the national strategic framework is referenced.
5. The nature and critical importance of the national strategic framework documents require an extension of the time for effective public consultation under Article 16(4), to 40 and 20 days respectively, thereby achieving consistency with the stated intentions in the explanatory memorandum and impact assessment to the Bill.
6. As one of the core functions of the legislative and executive branches of government, strategic planning is a complex and multifaceted process with multiple impacts and key importance for the structuring and long-term development of the economy and society. Conceptually, it is essential to adopt an adequate guiding methodology, of linked theoretical (scientific), political and economic views and principles.
Adoption of this proposal would create a strong "backbone" for the Development Council established by Decree 77/2023 (Article 6(2) of the Bill), substantially enhancing the capacity of the civil service in analytical research, foresight and national strategic planning, for effective career development, improved competence and overall performance.