Transcript Ministère du budget et de la réforme de l’Etat What is a regulatory reform review and why is it useful ? Experience.

Ministère du budget et de la réforme de l’Etat
What is a regulatory reform review and why is it useful ?
Experience of a peer-reviewer
Charles-Henri Montin
Chef du département Qualité Réglementaire
Ministère des finances, France
[email protected]
http://regplus.free.fr
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Regulatory Management Capacity
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What does the review measure?
Why is it useful?
What is its relevance to
 Your country
 Other countries
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References and definitions
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Lisbon Agenda
EU policy on Better Regulation
OECD Reference check list for regulatory decision making
OECD Policy Recommendations for Regulatory Reform
Better Regulation
Regulatory management
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Capacity
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Policy
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Why improve regulatory capacities
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The quality of the regulatory framework is a
determinant of economic growth, social welfare
and the protection of the environment.
Even the well-managed countries / public
services need to improve quality of output
It is now included as a criterion by international
companies when selecting a location for a new
investment.
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The Better Regulation Approach
GOOD REGULATION
Good process
Formally clear and legally
consistent
Regulatory mangt
Codification
Intrinsic quality
Legistics
BETTER REGULATION
Increased relevance
Options & alternatives
Impact assessment
Consultation
Increased efficiency
Measured burdens
Monitoring of implem.
No loss of intrinsic quality
CAPACITIES = POLICIES + STRUCTURES + TOOLS
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Getting from good to Better Regulation
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Historically, laws (regulations) were handed down by monarchs or
other powerful figures. Once a decision to regulate was taken,
little attention was paid to the impact of the regulation or the
extent to which it was enforced and the extent to which it
should be repealed once it had no further validity.
Democratic governments used the same tools. By the middle of
the twentieth century, it appeared that there were too many laws
and government was involved in too many activities.
Hence the regulatory reform movement alongside a reflection on
the role of Government.
Regulatory reform went through a number of phases including
deregulation of network industries. Deregulation, however, led to
re-regulation.
Now we focuson how regulations are made, i.e., how policies are
formulated, legislation drafted, enacted and reviewed. We have
developped the tools
Many countries adopted policies devoted to the concept of
improving the quality of regulations as part of the quality of
governance. In France it is a component of Réforme de l’Etat.
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Tools of Better Regulation
The
Administration
STOCK
RIA
The Economy
Alternatives
Stakeholders
FLOW
Consultation
ABM
Access
Simplification
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Goal and Objective of a review
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The principal objective of a review is to assess the
regulatory management capacities of the country, so as to
contribute individually and collectively to their sustainable
development.
Other objectives include the creation of internal and
external dialogues in relation to regulatory issues and
enabling experiences of these countries be shared with
similarly situated countries and the wider international
community including OECD Member States
The outcome is a report on each country, perhaps a
synthesis report, dealing with regulatory issues in all of
the countries and a greater understanding of regulatory
governance issues through a study of these countries.
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Available Options
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Better regulation has been developed /achieved by
different means in different countries.
There are a variety of options for regulatory management
policies, a choice of institutional arrangements and a
range of tools to be used in this process.
Understanding Better Regulation policies is integral to the
policy making process not an additional burden.
Peer-reviewers bring along their national experiences
when assisting colleagues develop their own national
options
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Peer-reviewers’ approach
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Interaction between the members of the
team: OECD guidance + national experiences
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Wide range of contacts: government,
parliament, trade –unions, indpt regulators,
etc
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Exchange of views rather than technology
transfer.
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Keys areas of investigation
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Evidence based policy making (regulatory
impact assessments)
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Use of alternatives to traditional command
and control regulations
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Regulation should be simple, accessible and
made in a transparent manner taking account
of the views of those affected by it.
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AND
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Regulation should be enforceable and enforced
Regulatory policies should apply to
 The flow of regulation (new legislation being
made
 The stock of regulation (regulations already
made should be reviewed consistently to
ensure that they are still relevant and achieve
their intended purpose
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Phases of review
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Questionnaire
Peer visit
Report writing
Fact checking
Presentation of Report: dissemination in the
country. Follow-up activities (conferences,
training)
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Contents of report
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Institutional background
Regulatory Management Capacities (general)
Policy making, regulation drafting and regulatory
quality assurance policies
Better Regulation: tools (their implementation)
Enactment issues
Enforcement and compliance
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Conclusion
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Better Regulation concern must be an integral
part of the policy making process.
The economy, society and the environment are
the beneficiaries of Better regulation policies.
Those who ignore Better Regulation do so at
their peril. The peer-review is a good way to get
things started.
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