Do ministries or regulatory agencies develop forward regulatory plans – that is, a public list of anticipated regulatory changes or proposals intended to be adopted/implemented within a specified time frame?
Yes, throughout government
Important regulatory plans are made public in several papers from the government to the Parliament ("Storting"), in particular at the annual budget propositions. Planned regulatory work is reported for each ministry but not necessarily in the form of a list. In addition, at an early stage in the regulatory process, a list of relevant proposals from the European Union, which the government plans to enact, is posted in a publicly available registry ("EØS-notatbasen").
Do ministries or regulatory agencies publish the text or summary of proposed (not yet adopted) regulations before their enactment?
Yes, throughout government
In the case of administrative regulations, the Public Administration Act ("Forvaltningsloven") Section 37, second paragraph, regulates the obligation to give notice.
Where is the draft text or summary published?
On a unified website where all proposed regulations are published; directly distributed to interested stakeholders.
Stakeholders are informed via e-mail about the consultation, including information about the website where the draft text is published.
Do ministries or regulatory agencies have the legal obligation to publish the text of proposed regulations before their enactment?
Yes, throughout government
According to Article 5.1 of the Instructions for Official Studies and Reports: "When the study of a matter has been completed, the Ministry concerned or the subordinate agency shall circulate the matter for general review to all the public and private institutions and organizations affected, […]." It is also customary to publish all proposed regulations on the government website (https://www.regjeringen.no/no/id4/).
Is the entire text of the proposed draft published?
Yes, throughout government
In the Norwegian system of public consultations, it is always the case that the entire text of the proposed draft is published. This follows from the wording of article 3.3 in The Instructions for Official Studies and Reports.
Is there a period of time set by law for the text of the proposed regulations to be publicly available?
Yes
According to Article 5.2 of the "Instructions for Official Studies and Reports" the period for review shall normally be three months and no less than six weeks. The Freedom of Information Act requires the draft text to remain accessible indefinitely.
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Do ministries or regulatory agencies solicit comments on proposed (not yet adopted) regulations from the general public?
On a unified website for all proposed regulations; through public meetings; through targeted outreach to stakeholders, such as business associations o...
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On a unified website for all proposed regulations; through public meetings; through targeted outreach to stakeholders, such as business associations or other groups; through email; through social media.
In order to ensure broad involvement, different forms of consultation that facilitate input from all parties, are considered. Ministries may post provisional assessments (http://www.regjeringen.no), whilst subordinate agencies may use their own websites. As a supplement to the round of online or written representations, posting the provisional assessment on social media and/or holding consultation meetings may also be used.
The general criterion is that those "affected" by the proposal are considered interested stakeholders.
Is the rulemaking body required by law to solicit these comments on proposed regulations?
Yes
The Instructions for Official Studies and Reports, Article 5.1. In addition, in the case of administrative regulations, the Law on Public Administration Act ("Forvaltningsloven") Section 37 regulates the obligation to solicit comments.
Is there a specialized government body or department tasked with soliciting and receiving these comments?
No
Do ministries or regulatory agencies report on the results of the consultation on proposed regulations?
Yes, throughout government
For primary laws, the bills from the government to the Parliament should contain a summary of the results of the consultation. For secondary legislations, given by Royal decree (the most important secondary legislation), a summary of the results of the consultation is reported in the decree document which is available by request.
How does the government report on the results of the consultation?
Prepares one consolidated response.
Where does the government report on the results of the consultation?
On a unified website for all proposed regulations.
Is reporting on the results of the consultation required by law?
Yes
For primary laws, see section 82 of the Constitution.
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Do ministries or regulatory agencies conduct an impact assessment of proposed (not yet adopted) regulations?
Yes, throughout government
Are there criteria used for determining which proposed regulations are subjected to an impact assessment?
Yes
In general, for all regulations, positive and negative effects should be described. If the costs and benefits are deemed substantial, a complete economic cost-benefit analysis is required.
Are there any specific regulatory impact assessment guidelines?
Is there an obligation for regulators to consider alternatives to proposed regulation?
Yes, throughout government
Is there a specialized government body tasked with reviewing and monitoring regulatory impact assessments conducted by other individual agencies or government bodies?
Yes
Please provide the name of this government body, and explain its functions.
The Norwegian Better Regulation Council (Regelrådet). The functions of the council are: (1) Evaluate proposals for new or altered regulations that has...
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The Norwegian Better Regulation Council (Regelrådet). The functions of the council are: (1) Evaluate proposals for new or altered regulations that has consequences for business’ operating conditions. (2) Evaluate if impact assessments have been carried ou
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Are the laws that are currently in effect available in a single place?
Yes
How are the laws that are in force accessed?
On a unified website managed by the government On a unified website managed by the private sector Printed in an official gazette / journal or ot...
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On a unified website managed by the government On a unified website managed by the private sector Printed in an official gazette / journal or other publication
Can affected parties request reconsideration or appeal adopted regulations to the relevant administrative agency?
Yes
When appealing against adverse regulatory decisions, which options are typically available to affected parties?
Administrative review by the regulatory body Judicial review
Is there any existing requirement that regulations be periodically reviewed to see whether they are still needed or should be revised?
Yes
All government bodies are required to evaluate their activity, including relevant regulations, according to the Regulation of governmental financial and economic management and control ("Reglement for økonomistyring i staten"), article 16. The frequency and scope of evaluations are dependent on the nature of the regulation, its associated risk and impact).
