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

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.

2010 ◽  
Vol 1 (3) ◽  
pp. 276-280 ◽  
Author(s):  
Klaus Jacob

This section regularly examines Regulatory Impact Assessment (IA) at three levels: the EU, the Member States and internationally. Contributions aim to cover aspects such as the interface between IA and risk analysis, looking at methodologies 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.


2010 ◽  
Vol 1 (1) ◽  
pp. 76-81 ◽  
Author(s):  
Lorenzo Allio

This section regularly examines Regulatory Impact Assessment (IA) at three levels: the EU, the Member States and internationally. Contributions aim to cover aspects such as the interface between IA and risk analysis, looking at methodologies 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.


2019 ◽  
Vol 11 (6) ◽  
pp. 1687 ◽  
Author(s):  
Lisa Hansson ◽  
Lena Nerhagen

International organisations, such as the Organization for Economic Co-operation and Development (OECD) and the European Union (EU), are seeking to implement a cohesive Regulatory Impact Assessment (RIA) system in order to achieve better regulation and increased unity and transparency. Central to these evaluations is the use of cost-benefit analysis (CBA) and related tools. A comprehensive analysis of the use of impact assessment in the EU shows that many assessments lack important economic components. This paper draws on an extensive document study of the Swedish policy making process related to the EU Directive 2009/28/EC on the promotion of the use of energy from renewable sources. The aim of the paper is to examine how CBA is presented, negotiated and accounted for by central actors within a policy setting influenced by negotiation and policy coordination. The paper departs from a theoretical perspective on policy coordination and shows how this factor must be considered when explaining the low use of CBA. It concludes that the Swedish policy tradition, wherein the national government relies on consensus-based coordination between agencies, might counteract a more explicit assessment of different policy options. The paper also proposes a model that can be used for further studies on CBA and policy coordination.


2019 ◽  
pp. 20-30
Author(s):  
Oleksandr Rudik

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.


2010 ◽  
Vol 1 (3) ◽  
pp. 251-257 ◽  
Author(s):  
Jacopo Torriti ◽  
Ragnar Lofstedt

In times of low economic growth and post-Copenhagen climate talks, a number of reasons for regulatory competition and cooperation between the United States and the European Union coexist. This paper discusses the role of Impact Assessment between the US and the EU on responses to the economic downturn and climate change. It is argued that, in the future, IAs will be an instrument through which it will be possible to read the level of cooperation and competition between the US and the EU, particularly on economic trade and environmental regulation.


2015 ◽  
Vol 6 (3) ◽  
pp. 361-368 ◽  
Author(s):  
Kai P.- Purnhagen ◽  
Peter H. Feindt

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).


2020 ◽  
Vol 6 (2) ◽  
pp. 145-157
Author(s):  
Aleksandra Olender

The European Parliament and Council Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46 / EC, introduced a new one, a proactive model of protection of personal data processed in the organization, based on a risk-based approach. It imposed some new obligations on the administrators, related to conducting analysis of the risk of violation of the rights and freedoms of the persons, whose data they process. Considering the scope, scale and categories of personal data processed, public sector entities face a huge challenge to meet the restrictions of the EU legislator. An additional difficulty is often a very extensive organizational structure, complicated processing processes, limited financial resources and unadjusted IT systems. The article discusses the issues of risk analysis and impact assessment for the protection of personal data processed in the public sector, in order to meet the requirements of the GDPR. The key issue in this respect is the adoption of an appropriate methodology in the risk estimation process, because properly carried out, it enables the implementation of security measures adequate to potential threats.


2014 ◽  
Vol 9 (3) ◽  
Author(s):  
Marija Risteska

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.


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