10 Institutional Preconditions for Systematic Use of Impact Assessment (IA)

1
10 Institutional Preconditions for Systematic
Use of Impact Assessment (IA)

• Aare Kasemets
• Ministry of Environment University of Tartu,
  Estonia
• Regional Strategic Workshop on Impact Assessment
• Riga, Latvia 2-4 February, 2005
• Organized by Open Society Institute and UNDP

2
Reasons or justifications why IA isnt used?

• From past studies we know that there are many
• reasons and/or justifications why the IA is not
• systematically used in the policy- law-making,
  e.g.
• dynamic institution-building, parallel reforms
• deficit of resources (staff, knowledge, time,
  budget)
• complexity of legislation in the European Union
• political social controversies, lack of
  political will
• politicians vs scientists communicative gap,
  distrust
• ad hoc political planning and law-drafting
• selective legal behaviour of decision-makers
• lack of administrative capacity and coordination
  
• lack of guidelines and special training for
  officials
• lack of legislation-related monitoring (ex post
  IA).

3
10 institutional preconditions for IA 1-3

• Considering the experience of OECD and EU Member
  States
• (1995), there are 10 interrelated preconditions
  to create a
• sustainable institutional framework for good
  law-making and
• governance (e.g. use of IA methods gt
  administrative capacity)
• 1. Political commitment in regulatory policy
  
• 2. Good legal basis for good public policy and
  law-making (e.g. ex ante IA and ex post IA)
• 3. Systematic coordination and clear division of
  work between ministries and other national and EU
  institutions (e.g. Parliament, State Audit
  Office, EU Commission etc) (Mandelkern
  Report'01).
• The problems are always opportunities for
  improvement. In 2005 I can agree that the 1-st
  and 2-nd precondition are fulfilled in Estonia
  quite well, but most of the work for development
  of other institutional conditions lies ahead.
• gtMy evaluation 1 5, and means
  there is 1 or more action plans

4
10 institutional preconditions for IA 4-8

• 4. Cooperation with universities and research
  centres (e.g. ordering of studies,
  guidelines..)
• 5. Methodological guidelines (e.g. criteria for
  using of IA methods, integration of social,
  economic, environmental, administrative and
  budgetary IA of draft acts and international
  programs)
• 6. Data collecting strategies for ex ante and ex
  post IA of legal acts and (inter)national
  programs
• 7. Systematic consultations with interest
  groups, local authorities and NGO-s (ltp.
  2, 3, 5, 6).
• 8. Regular training of civil servants and other
  participants (e.g. NGO-s) (lt p. 1, 3, 5,
  6, 7).

5
10 institutional preconditions for IA 8-10

• 9. Basic surveillance mechanisms and control of
  fulfillment of IA related requirements (ltp.1,
  2)
• 10. Transparency and accountability of policy
  planning, IA and law-making. The quality of
  public information (public service) (ltlt p. 2,
  3, 4..).
• Summary ..the IA system/network is so strong as
  the weakest part of this system/network...
• Sources Jacobs 1997, Korhonen 1997, Ben-Gera
  1999, Kasemets 2001, 2004
• Thank you for your attention!
• Aare.Kasemets_at_ekm.envir.ee
• aarek_at_ut.ee