Better Rules of the Game: Introducing New Global Indicators on Regulatory Governance rulemaking.worldbank.org Global Indicators Group, Development Economics July 2016
Transparency + Accountability
METHODOLOGY We measure five aspects of good governance How citizens learn about new regulations being considered The extent to which they are able to engage with officials on content Whether governments assess the possible impact of new regulations The ability of stakeholders to challenge regulations The accessibility of laws and regulations after their enactment
50 countries do not notify the general public of a proposed new regulation
METHODOLOGY 185 countries covered Data collected November 2015 – May 2016 for 185 countries Sub-Saharan Africa 46 High income: OECD 32 Latin America & Caribbean 30 Europe & Central Asia 25 East Asia & Pacific 25 Middle East & North Africa 20 South Asia 7 High income 57 Upper middle income 48 Lower middle income 51 Low income 29
RESULTS Country profiles Example: United States Transparency of Rulemaking Each spring and fall the Unified Agenda of Federal Regulatory and Deregulatory Actions is published on www.regulations.gov and www.reginfo.gov. Then the entire text of proposed drafts are published on a unified website for all proposed regulations – www.regulations.gov Public Consultation Public Consultation is required by law (The Administrative Procedure Act). The same unified website is used for collecting comments and reporting on the results of the consultation. The government prepares one consolidated response for all comments. In general, the comment period ranges between 30 and 60 days. Final rules are published in the Federal Register and on regulations.gov. The preamble of the final regulatory text responds to major criticisms raised in the proposed rule comments in the “Supplementary Information” section.
RESULTS Country profiles Example: United States Impact Assessment US policy is that all "significant rules" include an assessment of the costs and benefits of the regulatory action. There is a specialized government body — the Office of Information and Regulatory Affairs — that reviews draft impact assessments, which are prepared by regulatory agencies. The RIA are distributed on a unified website together with the proposed regulation – www.regulations.gov Accessing Laws and Regulations All laws and regulations currently in effect are available on a unified website managed by the government – https://www.congress.gov/ Challenging Regulations The Administrative Procedure Act requires agencies to give interested persons the right to petition for the issuance, amendment, or repeal of a regulation. In addition, certain agencies are required to provide more extensive rights of reconsideration and rulemaking petitions, depending on the individual statute.
RESULTS Country profiles India has room to improve in all components Transparency of Rulemaking Texts of draft regulations are published on individual websites of the relevant regulator. Public Consultation Consultations are conducted through these websites. Impact Assessment There is a no specialized government body and results of the impact assessment are not published. Accessing Laws and Regulations All laws and regulations are available on a unified website managed by the government – http://egazette.nic.in/ Challenging Regulations Stakeholders and affected parties can appeal to the administrative agencies for reconsideration. The agencies do not typically cede to these requests immediately and instead they take these representations in consideration while reviewing the effectiveness of the adopted regulations at a future date.
TRANSPARENCY OF RULEMAKING Poorer countries have less transparent rulemaking processes
GLOBAL SCORE Variation in regulatory transparency in all regions and income levels
RESULTS Middle East & North Africa is the least transparent region Countries that publicly share draft texts of proposed business regulations for stakeholders to view Tunisia Tunisia is the only North African country to conduct Morocco RIA. It is required by law (Prime ministerial circular N. 14 of 27 May 2011). The Moroccan General Secretariat of the Government is tasked with soliciting and receiving Jordan comments and reports on the results of the consultation on a unified website – www.sgg.gov.ma For the third national action plan of the Open Consultations usually last for 2 weeks and can go for Government Partnership (2016-2018), the up to a month. government of Jordan has pledged to establish a robust consultation and monitoring process with civil society.
RESULTS Country profiles Russian Federation does not conduct public consultation Transparency of Rulemaking The full text of the draft regulation is published on a unified website – www.regulation.gov.ru Public Consultation Even though public consultations are set by law (15 days), they are not conducted in practice. Impact Assessment There is a specialized government body — the Ministry of Economic Development — that reviews draft impact assessments, which are prepared by regulatory agencies and publish them on a unified website – www.regulation.gov.ru Accessing Laws and Regulations All laws and regulations are available on a unified website managed by the government – http://pravo.gov.ru/ Challenging Regulations Laws and regulations may be challenged in court by an interested party to which respective law or regulation was applied or which considers that such law or regulation violates his/her rights.
TRANSPARENCY OF RULEMAKING The technology gap between regions
PUBLIC CONSULTATION IN RULEMAKING Collecting but not sharing feedback
More than 60 countries publish and consult despite having no legal obligation to do so
RESULTS Country profiles Sweden Transparency of Rulemaking The full text of the draft regulation is published on a unified website – http://www.regeringen.se Public Consultation The Government publishes the list of stakeholders it has approached for consultation. The actual inputs received are publicly accessible upon request and/or reviewed in the proposal from the Government. Impact Assessment The Swedish Better Regulation Council monitors RIA and the results are published on a unified website. The specific RIA guidelines are also available online. Accessing Laws and Regulations All laws and regulations are available on a unified website managed by the government – http://www.riksdagen.se Challenging Regulations Affected parties have no means to request reconsideration or appeal adopted regulations.
REGULATORY IMPACT ASSESSMENT More common in high-income countries Share of countries that conduct impact assessments
Argentina Belize Benin Burundi Cambodia Central African Republic No free and China Côte d'Ivoire Dominican Republic easy access to Ethiopia Gambia, The Grenada laws Guinea-Bissau Haiti Micronesia, Fed. Sts. Rwanda in over 20 countries Saudi Arabia Senegal St. Kitts and Nevis Sudan Syrian Arab Republic Yemen, Rep.
ACCESSING LAWS AND REGULATIONS Laws are more easily accessible in rich countries Share of countries in which laws and regulations are publicly available in one consolidated, frequently updated place
GLOBAL SCORE Higher quality regulations – lower corruption and stronger rule of law
Everything is on our website – rulemaking.worldbank.org/
Thank you! rulemaking.worldbank.org
METHODOLOGY Global Indicators of Regulatory Governance score Publication of proposed regulations (/1) Conduct regulatory impact assessment (/1) Unified website 1 Yes 1 Ministry website 0.8 No 0 Public meetings 0.6 Targeted outreach 0.2 None 0 Consultation on proposed regulations (/1) Specialized body to review impact assessments (/1) Unified website 1 Yes 1 Ministry website 0.8 No 0 Public meetings 0.6 Targeted outreach 0.2 None 0 Report back on the results of that consultation process (/1) Publish regulatory impact assessments (/1) Unified website 1 Unified website 1 Ministry website 0.8 Ministry website 0.8 Public meetings 0.6 Public meetings 0.6 Targeted outreach 0.2 Targeted outreach 0.2 None 0 None 0
GLOBAL SCORE Many evident regional and income trends
GLOBAL SCORE Many evident regional and income trends
Recommend
More recommend
