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Simple, Effective, Transparent Regulation: Best Practices in OECD countries. Cesar Cordova-Novion Deputy Head of Programme Regulatory Reform, OECD. Regulation and Regulatory Management. Regulation is the most widely used policy instrument of governments

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Simple, Effective, Transparent Regulation: Best Practices in OECD countries

Cesar Cordova-Novion

Deputy Head of Programme Regulatory Reform, OECD


Regulation and regulatory management l.jpg
Regulation and Regulatory Management OECD countries

  • Regulation is the most widely used policy instrument of governments

  • Regulation creates benefits and costs for society

  • Ensuring high quality regulation has become a key priority for OECD governments


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Development of the OECD regulatory quality concept OECD countries

  • A decade of experience and analysis, in terms of

    • Economic structural adjustments

    • Social cohesion

    • Good governance


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REGULATORY OECD countries

MANAGEMENT

REGULATORY

QUALITY

IMPROVEMENT

-

Elimination,

-

Reduction,

-

Simplification of

regulations

Three Stages of Regulatory Reform

Policy Objectives of Reform

Characteristics of Reform

-

-

Managing aggregate

System-based

regulatory effects

-

Pro-active

-

Setting frameworks

-

Improving flexibility in

regulatory regimes

-

-

Producing effective and

Instrument-based

Low cost quality regulations

-

Pro-active,

-

Improving regulatory

-

Focus on quality, but one instrument at the time

processes

-

Improving access to

regulations

-

Instrument-based

DEREGULATION

-

Reactive


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Strategies for Assuring Regulatory Quality OECD countries

I. Building a regulatory management system

  • Regulate the regulators through transparency and accountability mechanisms

    II. Improving the quality of new regulations

  • Control of the flow

    III. Upgrading the quality of existing regulations

  • Control of the stock


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I. Building a Regulatory Management System OECD countries

1. Adopt regulatory reform policy at the highest political levels

  • 22 countries have published a quality regulation policy

    2. Establish explicit standards for regulatory quality and principles of regulatory decision-making

  • 18 countries have explicit principles of good regulation

    3. Build regulatory management capacities

  • 20 countries have a dedicated body (or bodies) consulted when developing new regulation

    • 12 of them assess RIAs

    • 9 dedicated bodies annually report progress of individual ministries


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The OECD Reference Checklist for Regulatory Decision Making OECD countries

  • Is the problem correctly defined?

  • Is the government action justified?

  • Is regulation the best form of government action?

  • Is there a legal basis for regulation?

  • What is the appropriate level (or levels) of government for this action?

  • Do the benefits of regulation justify the costs?

  • Is the distribution of effects across society transparent?

  • Is the regulation clear, consistent, comprehensible and accessible to users?

  • Have all interested parties had the opportunity to present their views?

  • How will compliance be achieved?


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II. Improving the Quality of OECD countriesNew Regulations

4. Regulatory Impact Analysis

  • In 12 countries RIA is required before adopting a regulation

    5. Systematic public consultation procedures with affected interests

  • In 14 countries consultation with affected parties when preparing subordinated regulations is mandatory

  • 14 countries publish draft laws under a system of ´notice and comments´ (13 in the case of draft regulations)

  • 8 countries(7 through the Internet) mandatory publish a list of draft subordinated regulations

    6. Using alternatives to regulation

  • Specific guidance to assess alternatives has been implemented in 11 countries

    7. Improving regulatory co-ordination

  • In 14 countries the competition authority is usually consulted


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Aspects of RIAs OECD countries

14

13

12

11

11

11

11

11

1998

2000

10

9

8

8

7

7

Number of countries

6

4

4

4

2

0

RIA for draft bills

RIA for subordinated regulations

RIA quantifies costs

RIA quantifies benefits

RIA shows benefits higher than costs

RIA publicly consulted


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III. Upgrading the Quality of OECD countriesExisting Regulations

(in addition to the strategies listed above)

8. Reviewing and updating exiting regulations

  • Automatic review requirements of specific laws are used in 18 countries.

  • Only in 5 countries a periodic evaluation of existing regulations is mandatory for all laws.

    9. Reducing red tape and formalities

    Initiatives to improve business licences and permits

  • ‘silence is consent’ rule in 8 countries

  • one-stop shops in 13 countries

  • ongoing review programme in 13 countries


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In sum OECD countries

  • Regulatory Reform means

    • Improving the quality regulation through a mix of regulation, deregulation and re-regulation

  • Implementing and enforcing a regulatory management and reform programme based on:

    • Principles and Policies

    • Institutions (i.e. budget and resources for control unit)

    • Incentives (i.e. positive and negative)

    • Tools (RIA, consultation, communication, alternatives, periodic reviews etc.)


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To know more on OECD Regulatory Reform Programme OECD countries

http://www.oecd.org/subject/regreform/