1. Ministère du budget et de la réforme de l’Etat 6/3/2015 OECD MENA 4 May 2007 C.H. MONTIN What is a regulatory reform review and why is it useful ? Experience of a peer-reviewer Charles-Henri Montin Chef du département Qualité Réglementaire Ministère des finances, France charles-henri.montin@finances.gouv.fr http://regplus.free.fr

2. 6/3/2015 OECD MENA 4 May 2007 C.H. MONTIN 2 Regulatory Management Capacity What does the review measure? Why is it useful? What is its relevance to Your country Other countries

3. 6/3/2015 OECD MENA 4 May 2007 C.H. MONTIN 3 References and definitions  Lisbon Agenda  EU policy on Better Regulation  OECD Reference check list for regulatory decision making  OECD Policy Recommendations for Regulatory Reform  Better Regulation  Regulatory management Capacity Policy

4. 6/3/2015 OECD MENA 4 May 2007 C.H. MONTIN 4 Why improve regulatory capacities The quality of the regulatory framework is a determinant of economic growth, social welfare and the protection of the environment. Even the well-managed countries / public services need to improve quality of output It is now included as a criterion by international companies when selecting a location for a new investment.

5. 6/3/2015 OECD MENA 4 May 2007 C.H. MONTIN 5 The Better Regulation Approach GOOD REGULATION Good process Formally clear and legally consistent Regulatory mangt Codification Intrinsic quality Legistics BETTER REGULATION Increased relevance Options & alternatives Impact assessment Consultation Increased efficiency Measured burdens Monitoring of implem. No loss of intrinsic quality CAPACITIES = POLICIES + STRUCTURES + TOOLS

6. 6/3/2015 OECD MENA 4 May 2007 C.H. MONTIN 6 Getting from good to Better Regulation Historically, laws (regulations) were handed down by monarchs or other powerful figures. Once a decision to regulate was taken, little attention was paid to the impact of the regulation or the extent to which it was enforced and the extent to which it should be repealed once it had no further validity. Democratic governments used the same tools. By the middle of the twentieth century, it appeared that there were too many laws and government was involved in too many activities. Hence the regulatory reform movement alongside a reflection on the role of Government. Regulatory reform went through a number of phases including deregulation of network industries. Deregulation, however, led to re-regulation. Now we focuson how regulations are made, i.e., how policies are formulated, legislation drafted, enacted and reviewed. We have developped the tools Many countries adopted policies devoted to the concept of improving the quality of regulations as part of the quality of governance. In France it is a component of Réforme de l’Etat.

7. 6/3/2015 OECD MENA 4 May 2007 C.H. MONTIN 7 Tools of Better Regulation Consultation Access Alternatives RIA ABM Simplification FLOW STOCK Stakeholders The Economy The Administration

8. 6/3/2015 OECD MENA 4 May 2007 C.H. MONTIN 8 Goal and Objective of a review The principal objective of a review is to assess the regulatory management capacities of the country, so as to contribute individually and collectively to their sustainable development. Other objectives include the creation of internal and external dialogues in relation to regulatory issues and enabling experiences of these countries be shared with similarly situated countries and the wider international community including OECD Member States The outcome is a report on each country, perhaps a synthesis report, dealing with regulatory issues in all of the countries and a greater understanding of regulatory governance issues through a study of these countries.

9. 6/3/2015 OECD MENA 4 May 2007 C.H. MONTIN 9 Available Options Better regulation has been developed /achieved by different means in different countries. There are a variety of options for regulatory management policies, a choice of institutional arrangements and a range of tools to be used in this process. Understanding Better Regulation policies is integral to the policy making process not an additional burden. Peer-reviewers bring along their national experiences when assisting colleagues develop their own national options

10. 6/3/2015 OECD MENA 4 May 2007 C.H. MONTIN 10 Peer-reviewers’ approach  Interaction between the members of the team: OECD guidance + national experiences  Wide range of contacts: government, parliament, trade –unions, indpt regulators, etc  Exchange of views rather than technology transfer.

11. 6/3/2015 OECD MENA 4 May 2007 C.H. MONTIN 11 Keys areas of investigation  Evidence based policy making (regulatory impact assessments)  Use of alternatives to traditional command and control regulations  Regulation should be simple, accessible and made in a transparent manner taking account of the views of those affected by it.

12. 6/3/2015 OECD MENA 4 May 2007 C.H. MONTIN 12 AND Regulation should be enforceable and enforced Regulatory policies should apply to The flow of regulation (new legislation being made The stock of regulation (regulations already made should be reviewed consistently to ensure that they are still relevant and achieve their intended purpose

13. 6/3/2015 OECD MENA 4 May 2007 C.H. MONTIN 13 Phases of review Questionnaire Peer visit Report writing Fact checking Presentation of Report: dissemination in the country. Follow-up activities (conferences, training)

14. 6/3/2015 OECD MENA 4 May 2007 C.H. MONTIN 14 Contents of report Institutional background Regulatory Management Capacities (general) Policy making, regulation drafting and regulatory quality assurance policies Better Regulation: tools (their implementation) Enactment issues Enforcement and compliance

15. 6/3/2015 OECD MENA 4 May 2007 C.H. MONTIN 15 Conclusion Better Regulation concern must be an integral part of the policy making process. The economy, society and the environment are the beneficiaries of Better regulation policies. Those who ignore Better Regulation do so at their peril. The peer-review is a good way to get things started.