Global Indicators of Regulatory Governance

On November 1, 2017 the Government of Argentina adopted Decree No.  891, endorsing the best practices on simplification methods applicable to the operation of the National Public Sector. The main motivation was to adopt a comprehensive, creative and innovative approach to addressing regulatory reforms and burdens, by emphasizing the importance of consultation, coordination, communication and cooperation necessary to meet regulatory challenges. The Decree establishes the principles of transparency, reasonableness, publicity, free competition and equality.

The Decision of the Austrian Parliament of May 16, 2017 on the intensified participation of citizens in the preliminary stages of the Parliamentary lawmaking process was implemented in September 2017. This decision serves as a step toward the implementation of the results of the report adopted by the Parliamentary Commission of Enquiry set up for Strengthening Democracy in Austria back in September 2015.

FUTURE REFORM: In October 2017, the Legislative and Parliamentary Affairs Division of Ministry of Law, Justice and Parliamentary Affairs signed an agreement with the International Finance Corporation on Legislative Impact Assessment. This agreement will put in place a framework to understand the costs and benefits of new laws.

FUTURE REFORM: On June 28, 2016, the House of Representatives of the National Assembly adopted in the first reading the draft Law of the Republic of Belarus On Normative Legal Acts. The newest version of the Law proposes more detailed regulation of the procedure of public discussion of draft normative legal acts. It is also supposed to improve the processes of conducting regulatory impact assessments. Currently, the draft law is under consideration in the Parliament.

As per the Economic Development Council Act of 2017, the Government of Belize established a regulatory body to promote partnership and collaboration between public and private sectors, fostering a better business climate in the country. The regulatory body is comprised of five representatives from the public sector and five representatives from the private sector. The tasks of the Council include to incorporate, as appropriate, inputs from the private sector into recommendations for policy reforms presented to the Prime Minister.

FUTURE REFORM: In November 2017, the Government of Canada has finalized consultations on the draft Cabinet Directive on Regulation (CDR), which is proposed to replace the current Cabinet Directive on Regulatory Management (CDRM). The CDR provides policy direction to frame key elements of regulation, including regulatory impact assessment, consultation and cost/benefit analysis. It also discusses key elements of regulatory management, including Forward Regulatory Planning and Service Performance. The draft CDR would clearly outline regulatory lifecycles and require impact analysis on regulatory cooperation, modern treaty implications, environmental impacts and gender analysis.

On February 14, 2017, the Supreme Decree 270 was issued and incorporated into the Regulatory Decree 1081-2015, including amendments to the rulemaking process regarding publication of new laws. According to these rules, drafts of regulations of the Executive Branch must be subject to a minimum of 15 days public consultation period. The decree also aims to advance participatory rulemaking. Moreover, the new Decree obliges regulatory entities to provide answers to comments received during the consultation period. And there is an obligation to publish the Forward Regulatory Plan by every Ministry and Agency for at least 30 days.

Finally, the Government launched a digital app MiSenado App, through which citizens can access legal drafts.

FUTURE REFORM: On June 15, 2016, the Government of Czech Republic adopted the New Act on Collection of Laws and International Treaties and on law-making and it is expected to come into force on January 1, 2020. This Act introduces an electronic law-making system.

Substantial comprehensive regulatory reform was announced by the European Commission in May 2015 and it is still being followed up by specific actions: revised Better Regulation Toolbox, progress on the Inter-Institutional Agreement on Better Law-making, new IT tools and open public consultations in all languages for the Commission’s Work Program items.

In April 2016, the Government of Finland appointed the Council of Regulatory Impact Analysis for its first term of office from April 15, 2016 to April 15, 2019. Furthermore, in the summer of 2017, the Government launched a unified website that publishes all legal draft projects (http://valtioneuvosto.fi/hankkeet). Finally, the Ministry of Economic Affairs and Employment adopted the principle of one-in-one out on a trial basis for the year 2017.

On July 26, 2017, the Prime Minister issued a Circular on the Control of the Flow of Regulatory Texts and their Impact, supplemented by a note from the Secretary-General of the Government of August 31, 2017 on its implementation modalities. Accordingly, since September 1, 2017, the Regulatory Impact Assessment of regulatory standards must be continued and strengthened in regards to the measures affecting businesses, local authorities, decentralized state services and private individuals (http://circulaire.legifrance.gouv.fr).

In 2017, Ghanaian Cabinet Manual was revised to streamline how the Cabinet regulates its decision and rule-making procedures. The revision also introduced regulatory impact assessment as one of the mandatory requirements for submitting Memoranda to Cabinet (Section 5 - Guidelines for Drafting Cabinet Memorandum). FUTURE REFORM: In 2018, Ghana will implement training and capacity building in RIAs as well as establish E-regulation and E-consultation portals.

The Cabinet Resolution of March 10, 2017 made public consultation for draft legislative bills obligatory, with limited exceptions which must be justified when the bill is presented to the Cabinet. Furthermore, a legislative intent document, with a draft impact assessment, is required to be circulated to other Ministries and preferably to the public before the drafting of any bill commences. Finally, a unified consultation portal was launched in October 2017 (https://samradsgatt.island.is/).

A new Regulation "Nuovo regolamento Italia 15 settembre 2017," was signed on September 15, 2017 and entered into force on December 15, 2017. The new regulation reforms RIA, ex-post evaluation and stakeholder consultation within the rulemaking process at the Central Government level. (http://www.normattiva.it/).

On June 20, 2017 the Cabinet of Ministers adopted amendments to the Instruction no. 19 from December 15, 2009 "Rules for Completing the Initial Impact Assessment of a Draft Legal Act." As a result, the form and information to be reflected in the Initial Impact Assessment have been updated. The amendments entered into force on January 1, 2018.

On July 4, 2017, the Government of FYR Macedonia reviewed Information on the Regulatory Impact Assessment (RIA) process and adopted conclusions aimed at reaffirming and promoting RIAs. In this regard, all Ministries are obliged to prepare the Annual Plan for RIA and publish it at the Single National Electronic Registry of Regulation (SNERR).

FUTURE REFORM: The Malaysia Productivity Blueprint was launched on May 8, 2017, establishing targets for the Eleventh Malaysia Plan, 2016-2020. Initiative N7 of the Blueprint aims at “accelerating efforts to enhance whole-of-government approach towards addressing regulatory constraints” by strengthening the development and utilization of Good Regulatory Practices across government agencies (http://epu.gov.my/sites/default/files/MPB_Chapter-3.pdf).

FUTURE REFORM: The Government of Morocco adopted, in application of the law n°065-13, a Decree n°2-17-585, which entered into force on January 02, 2018. Once this Decree is fully implemented, a specialized body will conduct regulatory impact assessments of government bills following the request of either the Secretary General of the Government or the relevant Ministry involved in reform.

On April 30, 2016, the Peruvian Government issued the Supreme Decree 1310. As a result, every secondary regulation issued by the Executive Branch must be subject to a Regulatory Quality Analysis, with the purpose of identifying, reducing or repealing any administrative procedure or requirement that is not needed, not justified or that is not adjusted to the principles established in the General Administrative Procedure Law. Subsequently, the Regulatory Quality Analysis must be validated by a Multi-Sector Regulatory Quality Commission consisting of three Ministries. A Regulatory Quality Manual has been issued through the Ministry Resolution 196-2017-PCM on July 31, 2017, outlining methodology and established principles for conducting the Regulatory Quality Analysis by all the Ministries and Agencies (http://sgp.pcm.gob.pe).

The Regulatory Impact Assessment (RIA) program was established on March 24, 2017 as part of a wider administrative modernization and simplification initiative - SIMPLEX +2016. This program was published as the Council of Ministers Resolution No. 44/2017. It also established a framework for RIA procedures and created the Technical Unit for Legislative Impact Assessment (UTAIL). In addition, as per Law No. 52/2017 of July 2017, the Parliament has created an electronic platform to receive the citizens’ proposed bills that are subscribed by at least twenty thousand registered electors. And Parliamentary Committees developed a computer application to invite the public to submit comments on drafted regulations via the parliamentary website.

The law "The Controls to be Observed in the Preparation and Study of Draft Laws" was amended on August 27, 2017 through the Council of Ministers Decree no. 713. It introduced provisions requiring regulatory agencies to engage with the public in the rulemaking process. Furthermore, the government has started publishing the Governance Model, which serves as an outline for governance reforms by the Council of Economic and Development Affairs (http://vision2030.gov.sa/en/node/259).

FUTURE REFORM: By the end of 2019, Serbia will establish a Single Public Registry of Administrative Procedures and Other Business Conditions. Coordinator for the process of establishing the Registry will be the Public Policy Secretariat of the Republic of Serbia.

Since October 2016, the notice-and-comment period for the Public Consultation Mechanism has been extended from 14 to 60 days. In addition, all Central Government Agencies have been requested to post draft acts, rules and regulations on the online Public Policy Participation Platform as well as the central consultation portal, and provide a consolidated reply with reasons for either adoption or rejection within 14 days after consultation. Finally, in August 2017 Taiwan released the Regulatory Impact Assessment Handbook.

An amendment of the by-Law on the Principles and Procedures for Preparing Legislation was made on March 19, 2016, introducing a partial impact assessment for draft laws which impact is estimated at less than 30 million Turkish Liras and a full impact assessment for draft laws which impacts are estimated to exceed 30 million Turkish Liras (http://www.resmigazete.gov.tr). In early 2018, Amendments to Law no. 1322 made it obligatory to publish the Official Gazette on the Internet (http://www.mevzuat.gov.tr/).

In December 2016, the Department for Business, Energy and Industrial Strategy of the Government of the UK published statutory guidance for regulators on the government's Business Impact Target. The Business Impact Target is a legal requirement for the Government that sets a target to reduce the cost of regulation on business. In July 2017, the Department also updated its Impact Assessment calculator. Finally, the Department is currently updating the “Better Regulation Framework Guidance” that provides guidelines for the UK government officials, covering all aspects of the better regulation framework.