Public Service Framework (MO0008)

Establishing a legally binding framework of public services
September 2018 – June 2020
Lead implementing agency/actor
Ministry of Administration Reform and Civil Service (MFPMA)
Commitment description
What is the public problem that the commitment will address?
Currently, public services are framed by different legal mechanisms (laws, decrees, circulars, orders, and memos). In many cases, these legislative texts are not respected: when it involves additional rules and stakeholders, requests for supporting documentation and fees, etc. Furthermore, rules related to public services are not always openly published and accessible to the public. This situation creates an imbalanced relationship between the citizen and the administration, which leads to abuse of power and corrupt practices. This situation can be avoided by setting a regulatory framework that requires government bodies to transcribe terms and
conditions as well as rules, and necessary steps for public service delivery. They will help citizens react to any difference or discrepancy between the provision of an administrative service and what has been published.
What is the commitment?
The commitment involves provisions to be included in the public services charter, stated in Article 157 of the Constitution, which will: Require government bodies to transcribe terms and conditions, as well as rules and steps necessary for public service delivery, using a uniform and standardised model, posted on the national public services portal Enforce the publication of what has been transcribed on the national public services portal and any other available medium to enable users to obtain the information they need. This will help them perform an act or access a public service Update data on public services posted on the national public services portal following any change or modification Ensure the respect of terms, conditions and rules related to public services published on the national public services portal or any other means of official communication or publication; see the “Principle of Enforceability” Require public servants, in charge of delivering public services, to perform their tasks in a way that respects what has been communicated to users through the national public services portal or any other official means of publication or posting Enable users to react to any difference or discrepancy between the delivery of a public service and what has been published. This commitment will also: Establish a binding legal framework for government bodies with regard to public services delivered. Improve the transparency of the services provided by government bodies Force government bodies to remedy any abuses resulting from the non-respect of services published on the national public services portal "service-public.ma".
How will the commitment contribute to solve the public problem?
The implementation of this commitment will provide a binding legal framework. Its application will force government bodies to normalise publish and respect public services, subject to sanctions. Thus, citizens will make sure that services consulted will be respected. If not, they will have legal guarantees to enforce the respect of these rules.
Why is this commitment relevant to OGP values?
The relevance of this commitment arises from the obligation to ensure transparency of public services delivered by each government body on the one hand, and to transcribe and publish all public services provided to users on the web portal “servicepublic.ma”, on the other. Thus, government bodies must provide users with reliable, clear information about public services delivery, thereby enabling them to react to any difference or discrepancy from what has been
published. This commitment would also push for better accountability as it enables service users to demand the public administration to respect the established guidelines.
Additional information Related commitment: Commitment 10
Milestone Activity with a verifiable deliverable
Inserting the project’s provisions in the public services charter
September 2018 October 2018
Sharing the charter with all stakeholders
November 2018 December 2019
Adopting the charter
January 2019 June 2020
Contact point details
Name of contact point (project manager)
Mr Hatim MOURADI
Position/ department
Head of Division of Innovation and Modernisation Programmes / Ministry of Administration Reform and Civil Service (MRAFP)
Email and telephone
[email protected] / 00212 5 37 67 99 61
Other actors involved
Government bodies The judiciary Territorial authorities Public institutions and any other legal person under public law Any other public or private entity in charge of public service delivery
Non-governmental associations and organisations

Commitment 8: Establish a Legally Binding Public Service Framework

Language of the commitment as it appears in the action plan:

“The commitment involves provisions to be included in the public services charter, stated in Article 157 of the Constitution, which will:

• Require government bodies to transcribe terms and conditions, as well as rules and steps necessary for public service delivery, using a uniform and standardized model, posted on the national public services portal
• Enforce the publication of what has been transcribed on the national public services portal and any other available medium to enable users to obtain the information they need. This will help them perform an act or access a public service
• Update data on public services posted on the national public services portal following any change or modification
• Ensure the respect of terms, conditions and rules related to public services published on the national public services portal or any other means of official communication or publication; see the “Principle of Enforceability”
• Require public servants, in charge of delivering public services, to perform their tasks in a way that respects what has been communicated to users through the national public services portal or any other official means of publication or posting
• Enable users to react to any difference or discrepancy between the delivery of a public service and what has been published.

This commitment will also:

• Establish a binding legal framework for government bodies with regard to public services delivered.
• Improve the transparency of the services provided by government bodies
• Force government bodies to remedy any abuses resulting from the non-respect of services published on the national public services portal "service-public.ma

Milestones:

• Inserting the project’s provisions in the public services charter
• sharing the charter with all stakeholders
• Adopting the charter."

Start Date: September 2018

End Date: June 2020

Editorial Note: the commitment description provided above is an abridged version of the commitment text, please see the full action plan here: https://www.opengovpartnership.org/documents/morocco-action-plan-2018-2020/

Context and objectives

Article 157 of the 2011 Moroccan Constitution states that a charter of public services determines all rules and procedures for good governance relating to public administrations; regions; local collectivities and public organizations. ^[74] A Public Service Charter was published in 2014. [75] However, administrations are currently ruled by differing decrees and procedural laws, creating confusion for citizens on the correct procedures to access public services.

This commitment seeks to standardize and proactively publish procedures on the website service-public.ma to reduce confusion on the part of citizens and administration. The commitment also seeks to give citizens an opportunity to seek redress for discrepancies between published and actual procedures. This commitment is verifiable and relevant to the OGP value of access to information as it will facilitate the publication of a specific set of procedures and laws. It is related to Commitments 9 and 10 of this action plan.

Currently, there is a lack of clarity and consistency in policies and procedures for citizens to access administrative services. Administrations have different decrees and laws under which they operate. Therefore, citizens must sometimes present different paperwork to different administrations, in some cases for the same service. This creates loss of time and efficiency in delivering citizen services. Hatim Mouradi, Head of Division of Innovation and Modernization Programmes at the Ministry of Administration Reform and Civil Service and the government contact for this commitment, explains that users currently encounter challenges in accessing services, indicating that it’s necessary to make efforts to standardize, publish, and enforce procedures. [76] Dr. Azzedine Akesbi and Nourredine Achemlal from TANMIA add that public service procedures are not clear and that the current law enables civil servants to protect themselves, even if they do not follow procedures. Additionally, a lack of political will makes standardization of procedures difficult. ^[77]

Mr. Achemlal argues that information currently published on service-public.ma is in dissonance with current practices. In the case of getting a passport, one can fill the form online but needs approval and submission to be done through the local government representative. Certain legal procedures—such as creating an NGO—are legally regulated but require the submission of additional documents from local administrations. This dissonance between information that is published on websites such as service-public.ma and practical application is prevalent throughout Moroccan administrations. ^[78] Civil servants also sometimes insist on documentation beyond the legal requirements due to a distrust of the public and a desire to avoid potential fraud. This dynamic of distrust is one of the underlying reasons for corruption in state-citizen relations. ^[79]

If implemented as written, this commitment carries a moderate potential to improve access for Moroccans to administrative services. Notably, this commitment aims to align legal provisions with public service delivery in practice. Activities to raise awareness among civil servants and the public on the Public Service Charter are important. However, this commitment's aim to establish an accountability mechanism to enforce compliance is its most important component. A responsive and visible accountability mechanism to address citizen grievances has the potential to incentivize public servants to comply with the charter and strengthen the trust of citizens in the government.

In regard to the commitment's objectives, Hatim Mouradi says the application of the charter would accelerate the full digitalization of procedures; limit abuses; increase a sense of trust; expedite e-administration in the country; increase accountability and reduce corruption. ^[80] From a civil society perspective, Sofia Rais argues that, if implemented, this commitment would greatly increase trust in government institutions. ^[81] Nourredine Achemlal sees the impact as progressive change. However, Mr. Akesbi says that a new law is needed to enforce the commitment and that this commitment, despite being ambitious, lacks real political will. ^[82]

Next steps:

The IRM recommends that implementors consider the following:

• Focus on shifting the perspective of civil servants to emphasize their obligations towards citizens;
• Consider accountability mechanisms, such as sanctions for civil servants who do not fulfil their duties to provide public services or abide by the charter's rules;
• Provide training for lawyers and judges to reinforce procedures and the law;
• Provide transparency around the number, type, and response to public service complaints received from citizens on the service-public.ma site;
• Include provisions in the charter to simplify enforceability, such as the amount of time and procedures to file a complaint;
• Enable user feedback on service-public.ma on questions such as what services should be provided online and the best means of doing so.

8. Establish a Legally Binding Public Service Framework

Substantial:

Aim of the commitment

Article 157 of the 2011 Moroccan Constitution states that a charter of public services determines all rules and procedures for good governance relating to public administrations, regions, local collectivities and public organizations. [86] At the time of drafting of the action plan, administrations were ruled by differing decrees and procedural laws, creating confusion for citizens on the correct procedures for accessing public services. [87] This commitment sought to standardize and proactively publish procedures on the website service-public.ma to reduce confusion on the part of citizens and administrations. [88] The commitment also sought to give citizens an opportunity to seek redress for discrepancies between published and actual procedures. [89] According to the action plan, the implementation of this commitment would provide a binding legal framework. Its application will require government bodies to normalize, publish and respect public services, subject to sanctions. [90]

Did it open government?

Major

Hatim Mouradi from the Department of Administrative Reform of the Ministry of Economy, Finance, and Administrative Reform [91] explained that the initial idea was to implement the commitment through the Public Services Charter. However, after the speech by His Majesty the King in July 2018, [92] the government decided to proceed through two different laws: one on simplification of administrative procedures and one on the Charter. This commitment was substantially completed.

The law no. 55-19 on the simplification of administrative procedures and formalities was adopted promulgated on 6 March 2020. [93] The law provides for: the establishment of a list of all procedures in a single portal accessible to all users; the elimination of procedures and supporting documents without a legal basis, or those that are not necessary for the completion of a procedure; harmonization of the modalities and deadlines for procedures, in particular by reducing the processing phases and the operational services involved; the promotion of the use of information technology in procedures, through the generalization of online services. [94]

The Department launched the National Portal of Procedures and Administrative Formalities “Idarati” in April 2021, after the end of the implementation period. [95] The portal lists more than 1,700 descriptions of administrative procedures. [96] Mouradi explained that the government is currently working on the description and standardization of about 3,000 administrative procedures. [97] According to him, the effort to simplify some services has started, however, it will be fully deployed in the next steps.

In June 2021, the Parliament also adopted law no. 54-19 on the Charter of Public Services, [98] which provides for good governance rules and a common framework on public services, along with a new grid for the evaluation of public services, guarantees for citizens through redress procedures, accountability and transparency mechanisms, and civic participation through tri-annual action plans on public services. It also provides for the digitalization of public services within a five-year period. [99]

Hatim Mouradi explained that in the wake of these legislative reforms, which are binding for all central and local government bodies and public organizations, [100] and the efforts of the central administration to implement them, it is now up to the individual public bodies to make an effort to describe, simplify and digitize administrative procedures. [101] To this end, the Department organized several awareness-raising meetings with representatives of different administrative bodies and created multiple guides for civil servants and citizens. [102] Overall, the commitment achieved its goal of providing a new and common legal basis for administrative services. Ahmed Bernoussi, Secretary General of Transparency Morocco, [103] considers that the Department made a significant effort in terms of publishing the descriptions of administrative services. However, he thinks that the digitization of services will be a long task. (The law set a five-year deadline for the digitization of specific public services.) According to Bernoussi, COVID-19 has demonstrated the weakness of administrations in terms of the stability and provision of public services under pressure from the health crisis. The pandemic might push administrations to adopt the new models faster and thus improve services, including online ones. [104] As such, the new legal framework on public services and access to information through the Idarati Portal represent a major effort in opening up government, which will need the sustained work of all administrations to achieve the goals of simplification and digitization. As next steps, the government could support public bodies, including local government, by providing the training and resources needed to implement the new legal framework in a timely manner.