Global Indicators of Regulatory Governance

There are few types of these forward regulatory plans. The key legislative initiatives that are expected to be presented during the Government’s term in office are listed in the Plan of Governments' Program Implementation, approved by Resolution No. 167 of 13th March 2017 of the Government of the Republic of Lithuania. Plan is set for years 2016-2020.

Therefore, the Office of the Government each year prepares an annual Legislative Program. The Legislative Program is prepared considering the proposals submitted by the ministries.

The Legislative Program is approved by the Government in the Government meeting at the beginning of each year. Based on the annual Legislative Program the Government Office drafts a Semi-annual legislative program that is submitted to the Parliament at the beginning of the spring and autumn parliamentary sessions.

The Plan of Governments' Program Implementation, annual Legislative Program and the Semi-annual legislative program are published on the Legal Acts Register (https://www.e-tar.lt/portal/lt/index) while Plans of Ministries strategic progress are published on ministries official websites (http://www.tm.lt/tm/strplanai/).

All proposed regulations are published according to Article 5(1) of the Legislative Information System of the Office of the Seimas (Parliament) of the Republic of Lithuania. The Article 5(4) of the Law states that the Legislative Information System shall provide all persons with the opportunity to publish their proposals for their legislative initiatives and draft legal acts.

https://e-seimas.lrs.lt/portal/legalActProjectSearch/lt

Presentations are organized depending on the extent and sensitivity of the impact of the new regulation. For example, the Social Model (labor market regulatory reform model) was presented to Confederation of Trade Union in a special meeting.

Article 5 of the Law on Legislative Framework.

The Rules of Procedure of the Government of the Republic of Lithuania.

According to Article 7 of the Law on Legislative Framework, the purpose of public consultation shall be to ensure openness and transparency in legislation, to get feedback from the public on the issues of legal regulation and their solutions, to allow the public to influence the content of a draft legal act and to better assess the positive and negative consequences of the envisaged legal regulation and the costs of its implementation, to submit proposals relating to the legislative initiatives and draft legal acts published in the Legislative Information System, as well as to the monitoring of legal regulation carried out. The public must be consulted in due time and on essential issues (effectiveness of consultation), also to the extent necessary (proportionality of consultation). 

https://e-seimas.lrs.lt/portal/proposal/proposal/lt?jfwid=2pdfkqdqi

http://www.lrs.lt/pls/proj/dokpaieska.forma_l?p_fix=n

Comments and suggestions are collected by official letters or minutes to the responsible regulatory body.

Comments are published to public after the consideration is over and the reasoned decision is made.

Law on Legislative Framework

After the consultation period, all comments are taken into consideration and reasoned decision is made. Every comment is discussed and the reasons of its acceptance or non-acceptance is published for the public by an alignment note. According to the Rules on Considering Requests of Persons of 22 August 2007 Government Resolution No. 875, all requests of individuals (including – when they are related to legal regulations) should be considered by the respective institution and a reply should be provided within 20 working days of the lodging of that request.

There is no regulation on how to report on the results of the consultation. In some cases, proposed regulation could be changed by the result of the consultation. In other cases, results could be given personally to the persons who submitted their comments or could be included in the background paper for the proposed regulation.

There is no regulation on how to report on the results of the consultation. In some cases, proposed regulation could be changed by result of consultation. In other cases (if the proposed regulations are not changed) results could be given personally to the persons who submitted them or could be included in the background paper for the proposed regulation.

According to the Article 7 (3) of the Law on Legislative Framework, methods of public consultation and ways of recording the results shall be selected by the entities initiating public consultation. Information on the results of public consultation must be provided to the entity adopting a legal act.

Article 15 of the Law on Legislative Framework states that when drawing up a draft legal act which provides for regulation of previously unregulated relations, also whereby legal regulation is substantially amended, assessment of the effect of envisaged legal regulation must be carried out. The comprehensiveness of this assessment must be proportionate to the likely consequences of the envisaged legal regulation. The decision to conduct or not to conduct impact assessment shall be adopted by the drafter.

Also, the Methodology for the Assessment of the Impact of Proposed Legal Regulation of 26 February 2003 Government Resolution No. 276, states that for priority legislative initiatives impact assessment must be conducted. It is applicable for those rule-making entities which are accountable to the Government.

Article 15 of the Law on Legislative Framework states that impact assessment must be conducted in cases when new legislative initiative, which regulates unregulated issues, or legislative initiative, which essentially changes the issues under legislation, is developed. The extent and depth of impact assessment should be proportional to expected impacts. The same Law also states that the decision to conduct or not to conduct impact assessment will be taken by the sponsoring institution. The Law does not differentiate the application of this provision depending on the primary or secondary laws.
Provisions in the Methodology on Impact Assessment of Draft Legislative Acts. Priority Legislative initiatives. The Methodology on Impact Assessment of Draft Legislative Acts approved by the Government regulates the requirements and process for conducting impact assessment at central government level. At the beginning of each calendar year the Government elaborates and approves a List of Priority Legislative Initiatives (hereinafter – the Priority List) that have to be assessed. The initiatives are proposed by the ministries and reviewed by the Government Office which in turn prepares a draft Priority List and submits it to the Government for approval. After approval of the Priority List, the sponsoring ministries have to start preparation of legislative initiatives and their impact assessment. The priority legislative initiatives are selected from the following sources: government priority document; list of legislative priorities of the ministry; and government annual legislative program.

The Methodology on Impact Assessment of Draft Legislative Acts. (https://www.e-tar.lt/portal/lt/legalAct/TAR.814F485EB18B/TAIS_474315)

The Methodology with explanation, examples, and contacts with experts who could help on RIA can be found on The Government of the Republic of Lithuania web page. (http://lrv.lt/lt/veikla/poveikio-vertinimas/)
Guidelines on Social Cost-Benefit Analysis could be found on Government of the Republic of Lithuania web page: https://finmin.lrv.lt/uploads/finmin/documents/files/sanaudu_gaires.pdf
Methodology for Identifying and Evaluating Administrative Burden for Citizens and Other Persons could be found on e-Register: https://www.e-tar.lt/portal/lt/legalAct/TAR.0D2779E58155.
There are also guidelines for practical application to this Methodology and could be found on Ministry of the Interior web page: https://vrm.lrv.lt/uploads/vrm/documents/files/LT_versija/Teisine_informacija/Tyrimai_ir_analizes/Metodikos,_rekomendacijos/ANnustatymoirivertinimopraktinisvadovas.pdf.
Methodology for Identifying Administrative Burden for Businesses could be found on e-Register: https://www.e-tar.lt/portal/lt/legalAct/TAR.134272D720DF.
Guidelines on Impact Assessment for Competition could be found on the Competition Council web page: http://kt.gov.lt/naujienos/doc/news_2012-06-11_gaires.pdf

The Law on Legislative Framework; The Methodology on Impact Assessment of Draft Legislative Acts

Seimas of the Republic of Lithuania:

https://e-seimas.lrs.lt/portal/proposal/proposal/lt?jfwid=2pdfkqdqi

http://www.lrs.lt/pls/proj/dokpaieska.forma_l?p_fix=n

In cases of priority initiatives, RIA is distributed before preparing the draft law. In other cases, the results of impact assessment may be distributed together with draft law in an explanatory note (of draft laws or draft regulations of the Seimas) or in a separate Impact assessment report or in a proposal to the Government (for example, draft of the Government Resolution).

There is an obligation for regulators to consider alternatives to priority initiatives which require deeper and wider RIA. By the methodology for the assessment of the impact of proposed legal regulation there must be at least two alternatives. Alternatives must also be comparable and evident in order to make a decision. The final decision on alternatives is made by the Government.

https://www.e-tar.lt/portal/en/index

http://www.infolex.lt/portal/start.asp; http://litlex.lt/ (payable)

According to the Law on Administrative Proceedings every person can appeal a regulation adopted by the territorial entities of state administration or entities of municipal administration to the court. Appeal can only be brought when a specific case regarding infringement of rights or interest of person is heard before the court. The court shall decide on the admissibility of the petition to review a legality of regulation. The court shall reject a petition if it is not connected with the specific case heard before the court or if the petition is based not on legal motives. Entities specified in the Law on Administrative Proceedings (members of the Parliament (Seimas), courts, the Seimas ombudsmen, the Children’s Rights Ombudsman, national audit officers and prosecutors) are entitled to challenge the lawfulness of regulation by an abstract petition (without relation to an individual case). The cases on the lawfulness of regulation are investigated by administrative courts (there are five regional administrative courts and the Supreme Administrative Court).
Under the Constitution of the Republic of Lithuania, legality of laws, other Parliament’s acts, acts of the President of the Republic, or acts of the Government shall be reviewed only by the Constitutional Court. The right to file a petition with the Constitutional Court concerning the constitutionality of a legal act is vested in the courts, groups consisting of at least 1/5 of all members of the Parliament, the Government and the President of the Republic.

The Law on the Basics of Legislation sets down the monitoring of legal regulation. That monitoring shall be conducted by national and municipal institutions and bodies with regard to their competence. A legal act may provide for the duty to conduct the monitoring of regulation established in the legal act. The aim of the monitoring of regulation is to evaluate the effectiveness and the impact of that regulation, the conformity of the consequences of regulation for the planned objectives. The regulation could be amended or annulled in consequence of monitoring.
The Description of Licensing Framework, approved by Resolution 937 of the Government of 18 July 2012, sets obligation to review periodically legal acts, determining licensing requirements.
Article 7.24.7 of the Guidelines for Optimization of Functions of Supervisory Authorities (validated by Resolution No 511 of the Government of 4 May 2010 Regarding Optimization of Functions of Supervisory Authorities) states that in adopting new legislation governing supervision of legal entities it is recommended to consider a possibility of establishing a specific validity period (not exceeding 2 years). The validity period may be extended only following the analysis of achievement of regulatory objectives provided for in the legal act and discussed in the process of adoption; as well as possible unintended negative outcomes or other circumstances that might have emerged in the process of the implementation of the legal act, and which might affect its further validity, application, etc.