Institutional and contractual expertise

Defining the institutional framework necessary for the implementation of public policies

The design and implementation of a public policy or project requires the existence of an appropriate institutional framework:

• Stakeholders who have the legal competences to intervene and whose interventions complement each other to cover all necessary competences for the proper implementation of the policy or project;
• Clearly established hierarchical and cooperative relationships between these actors;
• Well-defined and sustainable funding mechanisms;
• Precisely defined procedures.

The coherence, clarity and, as far as possible, the simplicity of the institutional framework guarantee its operationality and effectiveness.

Creating, operationalizing and strengthening agencies or operators

The implementation of public policies or projects often requires the creation or reform of public (e.g. agency, public establishment, department, project management unit), private (e.g. commercial company) or mixed economy (e.g. public company with private capital) organizations.

To play their part fully, these organizations must

• Show a strategy and governance consistent with their raison d'être and the national institutional framework;
• Have a target organization in the short, medium and long term (organizational chart, key processes, job descriptions);
• Have a realistic budget/business plan.

In order to guarantee the efficiency of their action, they should, as far as possible, be staffed with small, competent and tightly knit teams.

Using Public-Private Partnerships (PPPs) when appropriate

Public-Private Partnerships are powerful tools for mobilizing the expertise and financing capacities of the private sector to serve the general interest and the success of public policies.

However, to fulfill on their promises, they must be well used by public authorities:

• Used wisely when they are indeed able to provide an economic optimum compared to other possible modes of management and implementation for the provision of public services;
• Well-structured, particularly with regard to the allocation of risks and responsibilities, their business and financing plans;
• Marketed in a controlled manner and negotiated with precision;
• Rigorously and consistently monitored until completion.