(Regulatory) Impact Assessment and Better Regulation

2012 ◽  
pp. 77-96 ◽  
Author(s):  
David Parker
Keyword(s):  
Impact Assessment ◽  
Better Regulation ◽  
Regulatory Impact ◽  
Regulatory Impact Assessment

Better Regulatory Impact Assessment

2015 ◽  
Vol 6 (3) ◽  
pp. 361-368 ◽  
Author(s):  
Kai P.- Purnhagen ◽  
Peter H. Feindt
Keyword(s):  
Impact Assessment ◽  
Cost Benefit Analysis ◽  
Cost Benefit ◽  
Expert Advice ◽  
Policy Document ◽  
Potential Models ◽  
Eu Member States ◽  
Better Regulation ◽  
Regulatory Impact ◽  
Regulatory Impact Assessment

The European Commission's (Commission) Better Regulation Strategy (BRS) is the major guideline for the Commission to assess legislation. It draws on regulatory impact assessment (RIA) via cost–benefit analysis (CBA), expert advice, and simplification in EU law–making. Yet, the practice of RIA by the Commission as well as in EU member states, while unavoidably incomplete, has shown avoidable shortcomings. The Commission's New Better Regulation Strategy of 2015 (NBRS) contains language that appears to address these shortcomings. If pursued consequentially, it would require an approach that resembles what has been called responsive behavioural regulation. At the same time, global initiatives from inter alia the World Bank emerge to include behavioural insights into policy analysis in the form of responsive regulation. This piece assesses potential models of RIA that can help to articulate the behavioural assumptions which are implied by NBRS as enshrined in the policy document “Better regulation for better results”. The methodological implications of the NBRS require a significant departure from the reliance on classical CBA, which is characteristic for the previous “Better Regulation” documents submitted by the Commission and which we term Old Better Regulation Strategy (OBRS).

scholarly journals Better regulation in the EU and its member states: experience for Ukraine

2019 ◽  
pp. 20-30
Author(s):  
Oleksandr Rudik
Keyword(s):  
European Union ◽  
Impact Assessment ◽  
Stakeholder Engagement ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Better Regulation ◽  
Regulatory Impact ◽  
The Eu ◽  
Regulatory Impact Assessment

The article examines the experience of better regulation in the EU and its member states. The European Union and the 28 EU member states show a strong political commitment towards regulatory reform. In the European Union, regulatory policy has progressed under the better regulation agenda and played a crucial role in shaping the current regulatory processes. At the same time, all EU member states have adopted an explicit policy to promote the quality of regulations. To this end, the author analyses the key findings of the Organization for Economic Cooperation and Development (OECD) 2019 report «Better Regulation Practices across the European Union». In the report the OECD has analysed the application of all 28 EU member states’ regulatory management tools to EU-made laws and regulations. The article also gives examples of the best regulatory practices of the EU member states such as Austria, Belgium, Croatia, Germany, Ireland, Italy, Malta, the Netherlands, Slovakia, Sweden, the United Kingdom. The article concludes that the experience of the EU and its member states in developing and implementing a better regulation policy, in particular the better regulation agenda, is beneficial for Ukraine. In this regard, the article highlights the following legislative and institutional components of this experience: stakeholder engagement in the process of policymaking and regulatory policy implementation by automatically publishing of draft regulatory acts and accompanying impact assessments on the specially designed interactive government portal; highlighting the preliminary and final stages of regulatory impact assessment of all regulations, except for deregulatory and low-cost measures, thereby taking into account stakeholder comments; regular and systematic conduct of ex ante and ex-post evaluation of laws and regulations on the basis of a specially developed sound evidence-based methodology; conducting of regulatory impact assessment and stakeholder engagement during the process of EU directives transposition into member states’ national legislation; introduction of systematic regulatory oversight and quality control of regulatory management tools, which should cover not only regulatory impact assessment practice but also stakeholder engagement.

scholarly journals Regulatory Impact Assessment in Macedonia and Estonia: Lessons (to be) Learned

2014 ◽  
Vol 9 (3) ◽  
Author(s):  
Marija Risteska
Keyword(s):  
Impact Assessment ◽  
Policy Making ◽  
Early Stage ◽  
Current System ◽  
Full Potential ◽  
Eu Member States ◽  
Stage Of Development ◽  
Better Regulation ◽  
Regulatory Impact ◽  
Regulatory Impact Assessment

Considering that legislation (primary and secondary legislation) is the most commonly used instrument for policy-making, and that the state reached out to regulate more to improve the environment for doing business in the financial crises of 2008-2009, we look at the Regulatory Impact Assessment (hereinafter RIA), which is an important segment of the policy-making cycle allowing for identification of impact of laws on various segments of society including businesses. This policy analysis instrument has been employed in most the EU member states as well as in the countries that seek for EU accession such as Macedonia. Since RIA is at the early stage of development in Macedonia we have taken Estonia as a case study and identify the lessons Macedonia can learn from Estonia. The analysis shows that in Macedonia RIA was mostly conceived as part of an economic reform package and has resulted in RIA being confined to specific sectors instead of being made fully part of the general policy-making. The current system therefore still falls short of exploring the full potential of RIA as a tool for better regulation. Coordination of the RIA process, the extension of the scope as well as the methods for conducting RIA are some of the areas Macedonia can improve taking the example of Estonia.

Paving the Way to an Improved, Modern Management of Risk: The new European Commission's Better Regulation Strategy

2015 ◽  
Vol 6 (4) ◽  
pp. 649-651 ◽  
Author(s):  
Richard Meads ◽  
Lorenzo Allio
Keyword(s):  
Risk Analysis ◽  
Impact Assessment ◽  
Political Science ◽  
Strategic Thinking ◽  
Modern Management ◽  
Better Regulation ◽  
Regulatory Impact ◽  
Recent Developments ◽  
The Eu ◽  
Management Of Risk

This section regularly examines Regulatory Impact Assessment (IA) at three levels: the EU, theMember States and internationally. Contributions aim to cover aspects such as the interface between IA and risk analysis, looking atmethodologies as well as legal and political science-related issues. Contributions are meant to report and critically assess recent developments in the field, develop strategic thinking, and make constructive recommendations for improving performance in IA processes.

scholarly journals Regulatory Impact Assessment in Post-Soviet Countries: Results, Problems and Prospects

2018 ◽  
Vol 8 (2) ◽  
pp. 84-93
Author(s):  
I.  D. Turgel ◽  
A.  Zh. Panzabekova
Keyword(s):  
Impact Assessment ◽  
State Regulation ◽  
Regulatory Impact ◽  
Government Interference ◽  
The Subject ◽  
Soviet Space ◽  
Alternative Solutions ◽  
Regulatory Impact Assessment

The subject of research is the institute of regulatory impact assessment, implemented in the sphere of state regulation of economy in post-Soviet countries. The research aims to analyze the main approaches to the implementation of the regulatory impact assessment in the post-Soviet countries — Russia, Armenia, Belarus, Kazakhstan, Kyrgyzstan, Uzbekistan, as well as to determine the prospects of development of this institute in the countries included in the analyzed set. Using the methodology of comparative research, the study collates the concept content of “regulatory impact assessment” in some of the post-soviet countries, the structure of the objects of assessment and government levels, at which it is performed. The research analyzes the methodological framework of the regulatory impact assessment and models of the organization of monitoring and quality control of regulatory impact assessment in the countries from the analyzed set. The paper characterizes the role of the regulatory impact assessment in the system of state regulation of economy in the countries of post-Soviet space, identifies the general and specific features in the functioning of the mechanisms of regulatory impact assessment in the analyzed countries, describes the problems of assessment in the activities of state authorities and local selfgovernment, and substantiates the development prospects of the institute of the regulatory impact assessment. The research provides findings on the need for improving the quality of the existing methodological support of the regulatory impact assessment, the lack of methodical approaches to evaluating the effectiveness of this institution, the risks of formalizing procedures of the regulatory impact assessment, and the feasibility of the regulatory impact assessment “integration” in the national strategy to encourage business and economic growth. Moreover, the paper notes that at the present stage of the development of the regulatory impact assessment institute little attention is paid to finding alternative solutions which require government interference in the economy. 

scholarly journals Kajian Karakteristik Bentuk dan Isi Perda Tentang Bendega

2018 ◽  
Vol 7 (3) ◽  
pp. 375
Author(s):  
Renhat Marlianus Siki
Keyword(s):  
Impact Assessment ◽  
Indigenous Peoples ◽  
Coastal Region ◽  
City Government ◽  
Religious Institutions ◽  
Scientific Review ◽  
Traditional Institution ◽  
Regulatory Impact ◽  
Traditional Institutions ◽  
Regulatory Impact Assessment

Bendega is a traditional institution in the field of maritime and fisheries on indigenous peoples in Bali in the coastal region, economic, social, cultural and religious that has historically continued to grow, evolving in accordance with the culture, and also the local wisdom of Bali. Bendega is one of three traditional institutions in Bali, namely, Desa Adat, Subak and Bendega. This purpose of this study to understand and interpret the characters of the form and character of the contents of the Bali Regional Regulation 11/2017 which are based on formal and material principles, and study settings using the method of thinking Regulatory Impact Assessment. This research used a normative research method. The results showed that the formation of the Bali Regulation 11/2017 was based on philosophical, sociological and juridical considerations. The establishment of the Bali Regulation 11/2017 is based on attribution authority and delegation. The content character of the Bali Regulation 11/20 is discretionary, in the sense of giving the Governor and the Regency / City Government the freedom of space. Bali Regional Regulation 11/2017 has addressed the character of responsiveness to pluralism in the legal order that applies in areas that have certainty and fulfill people's desires. The certainty of the rules of traditional socio-cultural and religious institutions in the field of fisheries which are part of the culture of traditional Balinese society. Furthermore, it is hoped that there will be a further scientific review of the Bali Provincial Regulations that have been stipulated in the Regional Gazette Bendega adalah lembaga tradisional di bidang kelautan dan perikanan pada masyarakat adat di Bali yang ada di wilayah pesisir, bersifat ekonomi, sosial, budaya dan religius yang secara historis terus tumbuh, berkembang sesuai dengan budaya dan kearifan lokal Bali. Bendega merupakan salah satu dari tiga lembaga tradisonal yang ada di Bali, yaitu, Desa Adat, Subak dan Bendega. Tujuan penelitian adalah memahami dan menginterpretasi karakter bentuk dan karakter isi Perda Bali 11/2017 yang berlandaskan pada asas formil dan materil, dan kajian pengaturan dengan menggunakan logika berpikir Regulatory Impact Assessment. Jenis penelitian ini adalah penelitian hukum normatif. Hasil penelitian menunjukan bahwa pembentukan Perda Bali 11/2017 adalah berdasarkan pertimbangan filosofis, sosiologis, dan yuridis. Pembentukan Perda Bali 11/2017 didasari pada kewenangan atribusi dan delegasi. Karakter isi Perda Bali 11/20 bersifat diskresioner, dalam pengertian memberikan ruang kebebasan kepada Gubernur dan Pemerintah Kabupaten/ Kota. Perda Bali 11/2017 telah menujukan karakter responsifitas terhadap kemajemukan tatanan hukum yang berlaku di daerah yang memiliki nilai kepastian dan memenuhi keinginan masyarakat. Kepastian aturan lembaga tradisional yang bersifat sosial budaya dan religius di bidang perikanan yang merupakan bagian dari budaya masyakat tradisional Bali. Untuk selanjutnya diharapkan adanya pengkajian ilmiah lebih lanjut tentang Perda-Perda Provinsi Bali yang telah ditetapkan dalam lembaran Daerah.

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