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BUCHAREST, 8 TH CONFERENCE ON THE EVALUATION OF EU COHESION POLICY, APRIL 2019 Christiane Arndt-Bascle, Head of Measuring Regulatory Performance Programme, OECD Evaluation of laws and regulations in the European Union

Evaluation of laws and regulations in the European Union€¦ · iREG score Methodology Systematic adoption Transparency Oversight and quality control TOTAL 2015 Note: Data for 2015

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Page 1: Evaluation of laws and regulations in the European Union€¦ · iREG score Methodology Systematic adoption Transparency Oversight and quality control TOTAL 2015 Note: Data for 2015

BUCHAREST, 8TH CONFERENCE ON THE EVALUATION OF EU

COHESION POLICY, APRIL 2019

Christiane Arndt-Bascle, Head of Measuring Regulatory Performance Programme, OECD

Evaluation of laws and

regulations in the

European Union

Page 2: Evaluation of laws and regulations in the European Union€¦ · iREG score Methodology Systematic adoption Transparency Oversight and quality control TOTAL 2015 Note: Data for 2015

Ex post: primary laws, 2018

0

0,5

1

1,5

2

2,5

3

3,5

4

iREG score

Methodology Systematic adoption Transparency

Oversight and quality control TOTAL 2015

Note: Data for 2015 is based on the 34 countries that were OECD members in 2014 and the European Union, which included 21 of the current 28 EU Member States. The OECD average is based on the 34 member countries at the time of the survey. Data for 2018 includes the remaining EU Member States of Bulgaria, Croatia, Cyprus, Malta and Romania. The more regulatory practices as advocated in the 2012 Recommendation a country has implemented, the higher its iREG score.Source: Indicators of Regulatory Policy and Governance Surveys 2014 and 2017, and the extension to all EU Member States, http://oe.cd/ireg.

Page 3: Evaluation of laws and regulations in the European Union€¦ · iREG score Methodology Systematic adoption Transparency Oversight and quality control TOTAL 2015 Note: Data for 2015

RIA: primary laws, 2018

0

0,5

1

1,5

2

2,5

3

3,5

4

iREG score

Methodology Systematic adoption Transparency

Oversight and quality control TOTAL 2015

Note: Data for 2015 is based on the 34 countries that were OECD members in 2014 and the European Union, which included 21 of thecurrent 28 EU Member States. The OECD average is based on the 34 member countries at the time of the survey. Data for 2018 includes the remaining EU Member States of Bulgaria, Croatia, Cyprus, Malta and Romania. The more regulatory practices as advocated in the 2012 Recommendation a country has implemented, the higher its iREG score. * In the majority of EU Member States, most primary laws are initiated by the executive, except for Bulgaria, where a higher share of primary laws are initiated by the legislature.Source: Indicators of Regulatory Policy and Governance Surveys 2014 and 2017, and the extension to all EU Member States, http://oe.cd/ireg.

Page 4: Evaluation of laws and regulations in the European Union€¦ · iREG score Methodology Systematic adoption Transparency Oversight and quality control TOTAL 2015 Note: Data for 2015

Stakeholder engagement: primary laws,

2018

0

0,5

1

1,5

2

2,5

3

3,5

4

iREG score

Methodology Systematic adoption Transparency

Oversight and quality control TOTAL 2015

Note: Data for 2015 is based on the 34 countries that were OECD members in 2014 and the European Union, which included 21 of the current 28 EU Member States. The OECD average is based on the 34 member countries at the time of the survey. Data for 2018 includes the remaining EU Member States of Bulgaria, Croatia, Cyprus, Malta and Romania. The more regulatory practices as advocated in the 2012 Recommendation a country has implemented, the higher its iREG score. * In the majority of EU Member States, most primary laws are initiated by the executive, except for Bulgaria, where a higher share of primary laws are initiated by the legislature.Source: Indicators of Regulatory Policy and Governance Surveys 2014 and 2017, http://oe.cd/ireg.

Page 5: Evaluation of laws and regulations in the European Union€¦ · iREG score Methodology Systematic adoption Transparency Oversight and quality control TOTAL 2015 Note: Data for 2015

Very few EU Member States systematically

assess if regulations achieve their policy goals

Note: Data is based on 28 EU Member States.Source: OECD Indicators of Regulatory Policy and Governance (iREG) 2018, http://oe.cd/ireg.

Page 6: Evaluation of laws and regulations in the European Union€¦ · iREG score Methodology Systematic adoption Transparency Oversight and quality control TOTAL 2015 Note: Data for 2015

Few EU Member States require core

elements of ex post evaluation

Note: Data is based on 28 EU Member States.Source: OECD Indicators of Regulatory Policy and Governance (iREG) 2018, http://oe.cd/ireg.

Page 7: Evaluation of laws and regulations in the European Union€¦ · iREG score Methodology Systematic adoption Transparency Oversight and quality control TOTAL 2015 Note: Data for 2015

Only half of EU Member States provide

guidance to conduct ex post evaluation

Note: Data is based on 28 EU Member States.Source: OECD Indicators of Regulatory Policy and Governance (iREG) 2018, http://oe.cd/ireg.

Page 8: Evaluation of laws and regulations in the European Union€¦ · iREG score Methodology Systematic adoption Transparency Oversight and quality control TOTAL 2015 Note: Data for 2015

Most ad hoc reviews are principle-based and

focused on administrative burdens

Note: Data is based on 28 EU Member States.Source: OECD Indicators of Regulatory Policy and Governance (iREG) 2018, http://oe.cd/ireg.

Page 9: Evaluation of laws and regulations in the European Union€¦ · iREG score Methodology Systematic adoption Transparency Oversight and quality control TOTAL 2015 Note: Data for 2015

Behavioural insights and evaluation

• Lessons derived from the behavioural and social sciences, including decision making, psychology, cognitive science, neuroscience, organisational and group behaviour, which are being applied by public bodies with the aim of making public policies work better

• Often involves the use of experiment and observation to identify patterns of behaviour and use these findings to inform policies and regulation

• It is about inductive approach to policy-making

oe.cd/nudge

Page 10: Evaluation of laws and regulations in the European Union€¦ · iREG score Methodology Systematic adoption Transparency Oversight and quality control TOTAL 2015 Note: Data for 2015

Behavioural insights and evaluation

Source: GOV/RPC(2016)21: Cracking the Behavioural Insighoe.cd/nudgets Nut: Behavioural Sciences and their application to policy design and delivery

Page 11: Evaluation of laws and regulations in the European Union€¦ · iREG score Methodology Systematic adoption Transparency Oversight and quality control TOTAL 2015 Note: Data for 2015

11

A majority of countries are using one or several mechanisms to promote the use of

policy evaluation

PROMOTING THE USE OF

EVALUATION

0%

5%

10%

15%

20%

25%

30%

35%

40%

45%

Managementresponse

mechanism

Incorporation ofpolicy evaluationfindings into the

budget cycle

Rating / gradingsystem on

robustness ofevidence provided

andrecommendations

derived

Coordinationplatform across

government

Discussion ofevaluation findingsat the Council of

Ministers (orequivalent).

Other No specificinitiatives in place

Notes: Answers reflect responses to the question “How does your government promote the use of the findings of policy evaluations?”. Data is not available for France, Great-Britain and Luxembourg.Source: OECD Survey on Policy Evaluation, 2018Contact: [email protected]

Percentage of respondents using this mechanism

Page 12: Evaluation of laws and regulations in the European Union€¦ · iREG score Methodology Systematic adoption Transparency Oversight and quality control TOTAL 2015 Note: Data for 2015

• Use of new technologies for evaluation (bigdata, smart data, machine learning, AI, crowdsourcing….)

• Connecting ex-ante and ex-post evaluation

• Moving from one time evaluation tocontinuouso monitoring?

• Use of behavioural insights

• Institutional setting, capacity and talent

• Stakeholder engagement

What‘s next?

Page 13: Evaluation of laws and regulations in the European Union€¦ · iREG score Methodology Systematic adoption Transparency Oversight and quality control TOTAL 2015 Note: Data for 2015

Thank you and visit

oe.cd/eu-better-regulation for

Draft best practice principles on ex-post reviews

of laws and regulations

The full report Better Regulation Practices

across the European Union – including country

profiles for EU Member States and the EU

The OECD Regulatory Policy Indicators and

underlying data and methodology

The 2018 Regulatory Policy Outlook

The OECD 2012 Recommendation of the Council

on Regulatory Policy and Governance

OECD Measuring Regulatory Performance

Programme

• OECD’s work on regulatory policy and behavioural insights

#BetterRegulation