Global Indicators of Regulatory Governance

Considering Art. 132 of the Law 39/2015, the Public Administration must publish a Forward Regulatory Plan containing all the laws or regulatory initiatives that are going to be presented during next year. The Royal Decree 286/2017 regulates the government’s approval of a Forward Regulatory Plan that gathers all the law and regulatory initiatives prior to April 30 of the year before the regulations are enacted.

The forward regulatory plans are published in the Government's Public Transparency Portal: http://transparencia.gob.es/.

According to Law 19/2013 of Transparency, Public Access to Information and Good Governance, there is an active publicity principle, under which the text of any proposed regulation, as well as its updates and evolution, is published continuously throughout the rulemaking process.

www.transparencia.gob.es

http://www.minhap.gob.es

http://www.mineco.gob.es

www.minetur.gob.es

There are several possibilities: 1. The proposed regulations is shared among individuals, associations and interest groups for their comments. The agencies or regulatory bodies conduct outreach campaigns. 2. The proposed regulation is directly send to the stakeholders to their residence or registered address. 3. Through the website of the agency or regulator.

According to Law 19/2013 of Transparency, Public Access to Information and Good Governance, there is an active publicity principle, under which the text of any proposed regulation, as well as its updates and evolution, is published continuously throughout the rulemaking process.

Law 19/2013, Article 24 Law 50/1997, Law 39/2015.

The full text of the proposed regulation and its Regulatory Impact Assessment memoir are published in the Government's Public Transparency Portal.

Law 19/2013 of Transparency, Public Access to Information and Good Governance

According to Art. 133 of Law 39/2015 and Art. 26 of Law 50/1998 – modified by Law 40/2015, there is a mandatory public consultation process through the competent ministries of agencies directed towards stakeholders, before drafting any proposed regulation. Notwithstanding with the public consultation process before drafting, there is also a legal obligation to provide a period for hearings to interested stakeholders after the draft is published in the appropriate website. The minimum period to open this hearing process is 15 working days and it may only be reduced to 7 days with justified motives or skipped because of urgent public interest reasons.

www.minetad.gob.es, www.minetur.es

Government can gather directly the opinion of any organization or lawfully recognized associations that represent persons whose interests and rights are affected by the rule or proposed regulation and are directly related with their mission.

According to the active publicity principle, the regulatory agency publishes the received comments based on the procedures set forth in Law 19/2003. Every step of the process is recorded and published continuously.

Article 22 and 24 of Law 50/97 and Law 19/2013

According to the active publicity principle, the regulatory agency publishes the received comments based on the procedures set forth in Law 19/2003. Every step of the process is recorded and published continuously.

www.transparencia.gob.es

Through the Regulatory Impact Assessment memoir that is recorded together with the draft and other files.

Article 26.3 of Law 50/1997

According to art. 26.3 of Law 50/1997, regulatory entities must write a Regulatory Impact Assessment memoir that should include an evaluation of the economic and budgetary impact of the proposed regulation over the affected collective, administrative burden, compliance costs, effects over SMEs and impact because of gender.

http://www.sefp.minhafp.gob.es

Art 22 of Law 50/1997 and Royal Decree 1083/2009.

www.transparencia.gob.es

Considering the Law, the Regulatory Impact Assessment should include a justification of the necessity of the new rule contrasted with the alternative of not approving any regulation for the case.

www.boe.es

The laws currently in effect are available in the Official Gazette http://www.boe.es. All laws and regulatory provisions issued by territorial authorities (Autonomous Communities) are also published and available in the official gazettes.

Art. 3.1. of Royal Decree 286/2017 establishes that every year, the Forward Regulatory Plan must include, besides the Regulatory initiatives for the upcoming year, the list of regulations that will be subject to an ex-post review of the results of their execution.

(a) Cost or significant budgetary savings for the State Public Administration; (b) Increase or reduction of the administrative burden and compliance costs for the stakeholders; (c) Relevant effects over fundamental and constitutional rights; (d) Foreseeable conflicts with the autonomous regions; (e) Impact over general economy or particular economic sectors; (f) Significant effects over market units, competition, competitivity or SMEs; (g) Relevant impact for gender reasons; (h) Relevant impact over children, adolescents or family issues.

Art. 3.1. of Royal Decree 286/2017

Judicial Review is available. All affected parties can file a reconsideration action.