RIA i C ti RIA in Croatia - Dipartimento Funzione Pubblica

RIA in
Croatia:
i C
ti
Lessons Learned
Boris Zelenika, adviser
Directors and Experts of Better Regulation Meeting
p 1 – The use of impact
p
Workshop
assessment in the
legislative process
Rome, 18 September 2014
The goals of the presentation:
• To give
To give information on RIA
on RIA legal framework
• To present three ongoing challenges
• RIA lessons learned and p
practical solutions
About us and what we do
• Organization:
• Foundation in the Law on Government of the Republic of Croatia
• Expert Government service
p
• Head of Office is a civil servant with a mandate of a four years period appointed by the Government
• 15 civil servants with academic background:
• Law (10), Political Science (2), Economics (1)
• 3 full time employed on RIA policy
• The most important tasks:
• Alignment of draft regulations to the Croatian Constitution and the Croatian legal system and EU law
• Quality assurance of texts of draft regulations (laws and Government regulations)
Q li
f
fd f
l i
(l
dG
l i )
• RIA policy development and coordination of RIA system
• Quality assurance of RIA documents
• Training and guidance in terms of RIA
Training and guidance in terms of RIA and legislative drafting
and legislative drafting
• Chief Editor of Official Gazette
RIA legal framework in Croatia
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•
•
•
•
RIA Strategy 2013 Strategy 2013 ‐ 2015 (OG
2015 (OG 146/12)
RIA Law (Official Gazette, OG 90/11)
Regulation on implementation of RIA Process (OG 66/12)
Government’s Rules of Procedure (OG 154/11) 3 set of RIA Guidelines (web of GLO):
Ci il
• Civil servants
• Stakeholders
• GLO staff
RIA Strategy 2013 - 2015
• Vision:
• better legislation with a minimum of implementation costs and administrative barriers
• Mission:
• To ensure better law
To ensure better law making by using RIA
making by using RIA process so as to have clear and process so as to have clear and
simple legislation
• Priority
Priority goals:
goals:
• To ensure RIA process implementation according to RIA legal framework
• To ensure information flow to stakeholders so as to be part of RIA process
• To ensure capacity building by providing education in RIA
T
it b ildi b
idi
d ti i RIA methodology th d l
and process and to share best practice of RIA implementation
• To monitor and evaluate RIA process so as to ensure improvement of the process over time RIA Law
• Drafted during IPA 2007 twinning project – partners UK and Estonia
• In force as of January 1, 2012
• Purpose of the law: to integrate RIA into government legislative making process • The scope of the law: primary legislation drafted by line ministries and other state administration bodies – only draft laws
• The RIA law defines:
• RIA process steps:
L i l ti planning
l
i process on an annuall basis
b i
• Legislation
• RIA process
• RIA documents:
• Preliminary assessment
Preliminary assessment (an initial RIA)
• Annual Legislative Plan
• RIA Statement (a full RIA)
• Education and training in RIA
and training in RIA
• RIA coordinators
RIA ongoing challenges in Croatia:
• How to target the most important primary legislation and draft it according to RIA process
• How
How to fit RIA
to fit RIA process into legislative making process and process into legislative making process and
make it useful for the line ministries in preparing primary legislation
g
• How to ensure the quality of primary legislation and RIA
statements
The challenge 1: Targeting the most
important primary legislation
Policy outputs:
•
•
•
•
•
•
33 p a ed a s
e 0 3
133 planned laws in the 2013 Annual Legislative Plan 24 laws adopted from the Annual Plan in regular procedure (18%)
Plan in regular procedure (18%)
21 laws drafted under RIA process from the Annual Plan (15,7%)
299 unplanned (ad hoc) laws adopted (87%) – mostly urgent procedures
344 laws adopted in 2013 in total
To many urgent procedures puts the pressure on legislation quality Policy solutions and challenges:
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•
•
•
•
•
•
Linking policy goals with regulatory gp yg
g
y
activities – strategy approach lead by the Prime Minister’s Office?
Priority changes at the level of line y
g
ministries
Plan vs. Decision of a minister
Making line ministries better at
Making line ministries better at planning – training capacities?
Stakeholders’ presssure on public consultation public awareness?
consultation –
public awareness?
Impossible to plan all primary legislation in advance
Hard to buy‐in senior ministerial staff to use RIA on important legislation
The challenge 2: Fitting RIA into government
legislative making process
Policy challenges:
•
•
•
•
a e o po ca
finding d g
A matter of political will –
RIA champions across the government takes time and effort
RIA process –
process how to make it how to make it
alive?
RIA process – how to improve process and analysis?
RIA quality assurance – what is good enough?
good enough?
Policy solutions :
•
•
•
•
•
Political will ‐ RIA as Return on Votes
(RoV) principle to political elite –RIA
as a tool to make life easier to citizens and businesses
RIA process – no plans no RIAs and
keep slowing down ad hoc regulatory initiatives
RIA process – improving RIA
coordinators’ network
RIA quality assurance quality assurance – to define a to define a
minimum standards of quality for RIA
documents
Training and training!
Training and training!
The challenge 3: Ensuring the quality of RIA
documents
Policy challenges:
Policy solutions :
3 ypes o
3 types of RIA
documents under docu
e s u de
the scope of the Office:
1) Proposals of Annual Legislative Plans of all line ministries
Plans of all line ministries
2) Preliminary Assessments –
accompanying each draft law as an initial RIA
3) RIA statements – a full RIA with emphasis on cost‐benefit
emphasis on cost
benefit analysis and public consultation
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Use your own common sense y
approach
Does a regulatory initiative make sense?
Keeping the process under the scope od deadlines
Public consultation outcomes
Public consultation outcomes
Problem definition
Alternatives to legislation
Thinking out of box – finding various policy options
Cost – benefit analysis
Implementation resources
Google it!
As a conclusion – „A
A lot done,
done more to do”
So far so good:
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•
•
•
•
•
•
RIA is embedded into legislative making process
RIA is legal biding process to all line ministries
RIA process – an exercise in progress
RIA develops project management p p j
g
skills
RIA develops (so much needed) analytical skills
analytical skills
RIA brings interdisciplinary approach and improves communication and consultation
RIA puts more emphasis on a policy level and improves the understanding of legislation
understanding of legislation outcomes
Learning by doing!
But, there is a lot to keep an eye on it:
• Political support is needed for l
l
d df
further development
• Legislative planning suffers from th
the policy/strategy approach
li / t t
h
• Ad hoc legislation is preferred way of doing business on a ministerial l l
level
• RIA statement is more a communication tool rather than a decision making tool
decision making tool
• Goals oriented to legislation outputs not on policy outcomes
• Poor cost –
P
b
benefit analysis
fi
l i
• No emphasis on monitoring and evaluation of regulatory initiatives
• Capacity building in legal drafting and RIA is needed
Contact:
Government Legislation Office
T sv. Marka
Trg
M k 2
10 000 Zagreb, Croatia
Boris Zelenika
e-mail: [email protected]
boris zelenika@vlada hr
phone. +385 1 4569 256

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