1 Quality Indicators of Regulatory Management Systems Stéphane Jacobzone, Chang Won Choi, Claire Miguet The views are the author’s responsibility OECD Seminaire « Mesure du Droit Décembre 2006, Conseil d’Etat Paris

2 Conceptual framework Regulatory management: processes for generating new regulations and for reengineering existing regulations Focus on Institutions, Tools and Policies OECD 1997 and 2005 principles for regulatory quality and performance: –Adopt at the political level broad programmes of regulatory reform that establish clear objectives and frameworks for implementation –Review regulations systematically to ensure that they continue to meet their intended objectives efficiently and effectively –Ensure that regulations, regulatory institutions charged with implementation and regulatory processes are transparent, non discriminatory and efficiently applied Normative choice derived from OECD work (in depth reviews of 22 countries)

3 Policy areas covered by the survey P1. Adoption of explicit policy for regulatory reform P2. Policy coherence integrating competition and market openness P3. Clarity & due process in rule-making procedures P4. Communication of regulations P5. Provision of justification for regulatory actions, alternatives P6. Compliance and enforcement P7. Transparency and consultation processes P8. Assessing the quality of new regulation through RIA P9. Facilitating licenses, permits and administrative requirements P10. Reducing and controlling administrative and regulatory burdens P11. Training in regulatory quality skills P12. Institutional capacity for managing regulatory reform P13. Parliamentary oversight of regulatory policy P14. The contribution of the judiciary to regulatory management P15. Multi-level co-ordination mechanisms for regulatory policy P16. Dynamic process of evaluation and update of regulations P17. Assessing Performance

4 Institutional context OECD work on Regulatory Reform started in 1998 Horizontal and multidisciplinary approach: link to product market indicators by the Economics Department Need to focus on “objective” indicators and to take advantage of the official network Cautious approach: first descriptive results

5 Regulatory Quality Indicators First wave of the results from the 2005 survey Follows prior surveys in 1998 and 2000 Submissions received from 30 OECD countries as well as the EU Commission Thorough check of older data from the prior surveys

6 The results Descriptive stage: reflects the submissions with a policy oriented approach –Aggregated information on trends –Detailed comparative information on the recent results –Some preliminary composite indicators Progress with institutional settings, RIA, rule making procedures, communication access to regulations, regulatory review and update Complete comparative description of RIA processes and institutions Preliminary data on trends in new laws and regulations

Institutional setting to promote regulatory policy Recent Trends

Forms of Public Consultation

Minimum period for allowing consultation comments

Communication of regulations

Trends in adoption of Regulatory Impact Analysis

Regulatory Impact Analysis: requirements Recent Trends

Regulatory Impact Analysis: Specific Poliy Impacts

Reducing Administrative Burdens

Trends in the number of new laws and regulations

16 What is next? –A reference point for monitoring regulatory frameworks –Links between tools and regulatory institutions –Areas of convergence –Further analytical steps Factor analysis to determine country profiles Analytical work to assess the relevance of the results and the link with other existing indicators and relevant economic variables