Legislative Impact Analysis of the NARS:

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Presentation transcript:

Legislative Impact Analysis of the NARS: The 5th International Seminar for Parliamentary Research Services Legislative Impact Analysis of the NARS: Current Status and Future Challenges Nov. 21, 2014 Jun Kim (Head of Environment and Labor Team, NARS)

Contents 1. A brief history of research on LIA in Korea 2. Increasing demand for LIA 3. LIA of the NARS: Achievements and Challenges 4. Prospects of LIA in Korea

1. A brief history of research on LIA in Korea Definition Legislative Impact Analysis (LIA) assessment or evaluation of the impact of the legislation (ex ante, ex post) Cf: Regulatory Impact Analysis (RIA)

Terminology Germany, Switzerland: Getzesfolgenabschätzung:GFA France: etude d’impact EU: legislative impact assessment US, UK: evaluation of legislation, legislative impact analysis, legislative impact assesment Korea: legislative impact assessment(evaluation) NARS: legislative impact analysis (more cautious expression)

Short history of LIA research in Korea (1) First article in 2002, first PhD theses in 2004 Some high ranking officials of National Assembly and MOLEG advocated LIA

Short history of LIA research in Korea (2) Korean Legislation Research Institute(KLRI) have led LIA research ( LIA Research Center ) MOLEG supported KLRI’s LIA research with funding Many law professors also urged to necessity of LIA in the legislative process

2. Increasing demand for LIA Flood of Bills Figure1. Numbers of Bills Submitted (12th~18th National Assembly) Source: National Assembly Bills Information System (http://likms.assembly.go.kr/bill/jsp/main.jsp)

Flood of Legislation Figure2. Numbers of Bills Passed (12th~18th National Assembly) Source: National Assembly Bills Information System (http://likms.assembly.go.kr/bill/jsp/main.jsp)

Flood of Laws and Regulations Figure3. Numbers of Laws and Regulations (1984~2014) Source: Ministry of Government Legislation, Statistics of Laws and Regulations

Various impact assessment (IA) systems have introduced RIA introduced in 1998 Gender Impact Assessment, in 2005 Corruption Impact Assessment, in 2006 However, only focused on the administrative regulations, decrees and bills prepared by the executive body Lack of IA system on the lawmakers’ bill Strong Voices for the IA on the MP’s bill NARS began to study on LIA

3. LIA of the NARS: Achievements and Challenges From a voluntary study activity to a budget based project 2008: a voluntary study group was formed to study LIA 2010: NARS launched the LIA TF for pilot study 2011: LIA pilot study became a budget based project

Achievements (2010 ~ 2013) (1) 57 LIA case studies - 19 case studies were published as LIA report series Mostly focused on ex post LIA - 18 case studies are ex post LIA - 1 case study is ex ante LIA Is ex ante IA similar to “Skating on thin ice” or “astrology” ?

Achievements (2010 ~ 2014) (2) 8 research projects (outsourced) 6 books - LIA TF Annual Reports (2010 ~ 2013) - LIA Manual (2012) - Better Law Making with LIA (2012)

LIA report’s standard ‘table of contents’ 1. Background and necessity of the analysis 2. Methods of analysis 3. Analysis and outcomes 1) Legal analysis a. Constitution suitability analysis b. Internal consistency analysis c. Relationship with other laws d. Comparative legal analysis 2) Impact analysis (with variety of social scientific methods) 4. Legislative and policy implications

Achievements (2010 ~ 2014) (3) 7 Open Seminars Series including the presentation on case studies 11 Capacity Building Programs focused on statistical literacy 2 Expert Consultations on cost-benefit analysis methodology 25% of Staffs gained practical LIA work experiences

Challenges No legal basis No unit or department in charge of LIA → LIA at NARS is only an ‘experimental project’ No unit or department in charge of LIA (TF is just a temporary team.) Insufficient expertise lack of optimized analysis tools

4. Prospects of LIA in Korea Future of LIA in Korea is promising Growing demands from civil society Motions of MPs to introduce IA systems Some local councils have enacted ordinances for LIA NARS should be prepared A regular unit responsible for LIA should be established Recruiting experts and training staffs Secure MPs support for LIA (Top priority) → Institutionalization of LIA (need to amend the National Assembly Act and the NARS Act)

Thank you