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Integration of Regulatory Impact Assessment into the decision making process in the Czech Republic. Aleš Pecka Department of Regulatory Reform and Public Administration Quality Ministry of Interior, Czech Republic. Content. Introduction. Historical background. - PowerPoint PPT Presentation
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Integration of Regulatory Impact Assessment into the decision making process in the Czech
Republic
Aleš PeckaDepartment of Regulatory Reform and Public Administration Quality
Ministry of Interior, Czech Republic
Aleš Pecka
Department of Regulatory Reform and Public Administration Quality, Ministry of the Interior, Czech Republic
Content
Integration of RIA into the decision-making process
Historical background
Introduction
Preconditions and challenges
Conclusion - lessons learned
Aleš Pecka
Department of Regulatory Reform and Public Administration Quality, Ministry of the Interior, Czech Republic
Introduction
Department of Regulatory Reform and Public Administration Quality, Ministry of Interior (since November 2006) Department’s Competencies:
• Regulatory Impact Assessment• Simplification of regulatory environment• Strategies and conceptions in Public
Administration
Aleš Pecka
Department of Regulatory Reform and Public Administration Quality, Ministry of the Interior, Czech Republic
Historical background
What does Regulatory Reform mean? Puzzling term: at first, it does not give a clear
picture what the issue is about… Sometimes confusing ,e.g. terms Better
Regulation (EU) and Regulatory Reform and Regulatory management (OECD) used
Possible definition: according to given facts in each particular country its aim is to improve regulatory process…
Aleš Pecka
Department of Regulatory Reform and Public Administration Quality, Ministry of the Interior, Czech Republic
Historical background
Regulation drafting in the Czech Republic: Traditional legal approach Primary focus on the quality of legal texts General requirements for drafting defined by
the Legislative Rules of Government (LRG) Review by the Legislative Council of the
Government
Aleš Pecka
Department of Regulatory Reform and Public Administration Quality, Ministry of the Interior, Czech Republic
Historical background
Where the origins in the Czech Republic can be traced? OECD Regulatory review, the Report
published in 2001 Analysis of recommendations submitted to the
Government which took note of them by its Resolution No. 650 of June 2001
Among others, including the proposal “to elaborate draft guidelines and proposal of implementation of the Regulatory Impact Analysis (RIA)”
Aleš Pecka
Department of Regulatory Reform and Public Administration Quality, Ministry of the Interior, Czech Republic
Historical background
In 2002, LRG partly amended by some elements arising from RIA: Assessment of alternative (regulatory)
solutions; Substantial intents as well as legislative
proposals shall contain the estimated economic and financial impacts on the state budget and other public budgets
However, followed only formally, absence of relevant control mechanisms...
Aleš Pecka
Department of Regulatory Reform and Public Administration Quality, Ministry of the Interior, Czech Republic
Implementation of RIA
Regulatory reform agenda New impetus: incorporation into the Central
State Administration Reform Strategy adopted by the Government in March 2004
Formal adoption of RIA as a tool: Government approval of the Plan for incorporation of RIA into the Czech legislative system (April 2005)
(Draft Guidelines for regulatory impact assessment)
Aleš Pecka
Department of Regulatory Reform and Public Administration Quality, Ministry of the Interior, Czech Republic
Implementation of RIA
Pilot phase (2005-2006): Application of the Draft Guidelines for
conducting the impact assessment on selected pilot projects
On the basis of the gained experience – completion of the Guidelines (by December 2006)
Guidelines are planned to be put on the Government agenda for approval by March 2007
Aleš Pecka
Department of Regulatory Reform and Public Administration Quality, Ministry of the Interior, Czech Republic
Preconditions and challenges
What elements should be taken into account?:Process rules Institutional arrangementsPeople – civil servantsConsultations – important phase in RIA
process
Aleš Pecka
Department of Regulatory Reform and Public Administration Quality, Ministry of the Interior, Czech Republic
Preconditions and challenges
Process rules (2007):Guidelines for regulatory impact assessmentFull impact assessment obligatory to all drafts of
primary and secondary lawsObligation to follow the guidelines =>
amendment of the Legislative Rules of Government to be approved together with Guidelines (alternatively considered option: enactment of the rules in a special law)
Aleš Pecka
Department of Regulatory Reform and Public Administration Quality, Ministry of the Interior, Czech Republic
Preconditions and challenges
Institutional arrangements Finding the balance between centralistic and
decentralized approach Concept based on the division of ‘roles’: Carrying the impact assessment of a
legislative proposal – the responsibility of the body elaborating such a proposal
Control of quality and methodological assistance - entrusted to a specialized unit (regarding its horizontal function, preferably located at the Centre of Government)
Aleš Pecka
Department of Regulatory Reform and Public Administration Quality, Ministry of the Interior, Czech Republic
Preconditions and challenges
Institutional arrangements (the reality): Quality review of RIAs accompanying
legislative drafts entrusted to the Department of Regulatory Reform and Public Administration Quality (DRR PAQ), Ministry of Interior
Elaboration of RIAs: Specialized units at each ministry (recommended, but not obligatory - up to the decision of each ministry), methodological assistance by DRR PAQ
Aleš Pecka
Department of Regulatory Reform and Public Administration Quality, Ministry of the Interior, Czech Republic
Preconditions and challenges
People – civil servants Providing an adequate training for officials Specialized training (3 days) to explain the
concept and introduce the methodology (the Guidelines) provided up to 50 civil servants from different ministries during 2006 by the central training unit (Institute of State Administration) – to be continued...
Aleš Pecka
Department of Regulatory Reform and Public Administration Quality, Ministry of the Interior, Czech Republic
Preconditions and challenges
Consultations Important phase in the RIA process Creation and management of the Database of
consulted organisations (so-called “DataKO”) on the special website
It contains contacts to the stakeholder’ organisations (structured according to the particular topics/areas/economic sectors)
Methodology of Public Consultations
Aleš Pecka
Department of Regulatory Reform and Public Administration Quality, Ministry of the Interior, Czech Republic
Lessons learned
What are the supportive elements?: Benefit of the outside international „pressure“
(OECD’s regulatory reviews and know-how, recently also influence of the EU membership – particularly Lisbon strategy agenda)
Necessary political support Implementation of the principles of Regulatory
Reform - a part of a wider policy package (Central State Administration Reform)
Aleš Pecka
Department of Regulatory Reform and Public Administration Quality, Ministry of the Interior, Czech Republic
Lessons learned
How to apply the RIA efficiently?: Avoid overload of desk officials E.g. exploitation of a “minor” and “major” RIAs
following the principles of a “two-stage” drafting legislative process in the Czech Republic
They differ in the scope of detail of the analysis:
• “minor” RIA: mostly qualitative analysis with possible estimate of financial impacts
• “major” RIA: detailed cost-benefit analysis with respect to a single or a few solution options
Aleš Pecka
Department of Regulatory Reform and Public Administration Quality, Ministry of the Interior, Czech Republic
Lessons learned
Implementation of RIA is not only about rules and institutions – it is a change of culture within the public administration
Therefore the change can only be gradual, the „snowball effect“ helps...
On the other hand, RIA does not replace political decision-making, it provides only well-founded information for decision-makers
More work for officials, yet the benefits outweigh the costs (avoiding “wrong”, costly decisions…)
Aleš Peckae-mail : pecka.ales@vlada.cz
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