INTRODUCING REGULATORY IMPACT ASSESSMENT INTO GOVERNMENT POLICYMAKING PROCESSES IN CROATIA

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INTRODUCING REGULATORY IMPACT ASSESSMENT INTO
GOVERNMENT POLICY-MAKING PROCESSES IN CROATIA
Clive George Institute for Development Policy and
Management University of Manchester, UK   with
contributions from Marko Makek, formerly of the
Ministry of European Integration, Government of
the Republic of Croatia
Conference on Regulatory Impact Assessment
Strengthening Regulatory Policy and
Practice University of Manchester 26-27 November
2003
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DFID project, Institutional Support for the
Ministry for European Integration, Croatia

• Development in strategic policy making capacity,
  linked to EU integration
• MEI organisation and management development
• Support for legal approximation and national plan
  for European integration
• Support for Impact Assessment capacity building

• Consortium led by P-E International and Helm
  Corporation
• Item 4 IDPM (Impact Assessment Research Centre)
• current status, issues and approaches

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RIA in transitional countries

• Promoted and assisted by OECD/EU
• SIGMA - Support for Improvement in Governance and
  Management in Central and Eastern European
  Countries
• impact assessment of regulatory changes necessary
  for accession to EU
• potential wider use as a tool for improved
  governance

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Aims of RIA

• 1. Tool for de-regulation (e.g. US, UK)
• 2. Tool for improved governance
• better information for policy-makers
• greater involvement of stakeholders
• higher transparency in decision-making

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OECD criteria

• Maximise political commitment to RIA
• Allocate responsibilities for RIA programme
  elements
• Consistent but flexible analytical method
• Develop and implement data collection strategies
• Target RIA efforts
• Integrate RIA with the policy making process
• Involve the public extensively
• Communicate the results
• Train the regulators
• Apply RIA to existing as well as new regulations

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Success factors for RIA

• the process must be a cost-effective means of
  helping top level policy-makers achieve their own
  goals
• the design must be consistent with the
  institutional, political and organisational
  context in the country
• responsibility for the quality and effectiveness
  of RIA must reside at the highest practical level
  of the decision-making process

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Transitional country context

• lack of competitiveness against fully established
  market economies
• increasing need for competitiveness on accession
  to EU
• partial market economy
• residual public enterprise
• high unemployment
• potential social upheaval from rapid
  marketisation
• recently privatised public enterprise, continuing
  privatisation
• evolving ownership structures, evolving
  relationships with government
• unstable political influences on administrative
  structures
• partial continuity of previous administrative
  systems and people
• instability in new administrative systems
• inexperience of new people
• decline of previous training systems, lack of new
  ones
• high demand for able people in private sector
• low morale in public administration
• high administrative workload to transform
  legislation for EU accession
• transformation regarded as a legal process, not a
  policy-making process

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RIA as threat

• workload
• loss of power
• need to learn new skills
• exposure of incompetence
• transparency

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RIA as threat

• workload
• loss of power
• need to learn new skills
• exposure of incompetence
• transparency

RIA as opportunity

• better regulation is essential for
  competitiveness with EU countries
• more informed policy-making is necessary to avoid
  potentially adverse environmental and social
  impacts of transition
• better substantiated information on potential
  impacts will strengthen the countrys negotiating
  position on requirements for EU accession
• smoother passage of laws through cabinet and
  parliament
• a catalyst for reform and strengthening of the
  entire administrative structure

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RIA system design factors

• EU acquis or all legislation and policy?
• design of checklists, questionnaires and
  guidelines
• responsibilities
• sources of expertise
• quality review
• administrative procedures

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Design features in Croatia

• Scope
• EU acquis, expanding to all legislation and
  policy?
• Checklists
• based on EC forms, plus UK features, adapted to
  local needs
• Guidelines
• overview of available techniques, with guidance
  on appropriate use
• Responsibilities
• administration and advice based in MEI
• responsible officer in each line ministry
• Sources of expertise
• use of outside experts where needed
• Quality review
• initially informal, through Government
  Coordinating Committee
• Administrative procedures
• defined actions at key points in existing
  procedures