OECD best Practice Principles for Regulatory Policy Regulatory Enforcement and inspections (original) (raw)

Regulatory management practices in OECD countries

OECD Economics Department Working Papers, 2016

Complete document available on OLIS in its original format This document and any map included herein are without prejudice to the status of or sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area. ECO/WKP(2016)20 Unclassified English-Or. English ECO/WKP(2016)20 2 OECD Working Papers should not be reported as representing the official views of the OECD or of its member countries. The opinions expressed and arguments employed are those of the author(s). Working Papers describe preliminary results or research in progress by the author(s) and are published to stimulate discussion on a broad range of issues on which the OECD works.

OECD Best Practice Principles for Regulatory Policy

OECD Best Practice Principles for Regulatory Policy

Regulation is an important tool for achieving governments' social, economic and environmental policy objectives. Governments have a broad range of regulatory instruments reflecting the complex and diverse needs of their citizens, communities and economy. The quality of both the regulatory environment and regulatory outcomes is strongly dependent on the quality of processes for designing regulations. When developing interventions, whether policies, laws, regulations or other types of "rule", governments do not always fully consider their likely effects. In addition, government intervention has costs, which might, in some cases, outweigh the anticipated benefits. As a result, there are many instances of unintended consequences and, ultimately, negative impacts for citizens, businesses and society as a whole that essentially result from badly designed interventions. Often, these negative impacts are felt more by smaller, unorganised, hard-to-reach, less informed or marginalised constituents in society. They are thus detrimental to achieving inclusive growth, sustainable development, building trust and maintaining the integrity of the rule of law. Regulatory impact assessment provides decision makers with crucial information on whether and how to regulate to achieve public policy goals. RIA also helps policy makers defend decisions not to intervene in markets where the costs of doing so outweigh the benefits. RIA further helps defend policy makers' decisions by demonstrating that there are benefits to regulation-something that is often overlooked by society and governments.

1 REDUCING THE RISK OF POLICY FAILURE : CHALLENGES FOR REGULATORY COMPLIANCE Organisation for Economic Co-operation and Development

2000

FOREWORD The work of the Public Management Committee (PUMA) on regulatory reform-built over ten years-has provided substantive input and other extensive support to the development, organisation, and policy direction of the regulatory reform programmes in OECD Member countries. PUMA's emphasis is on regulatory quality-combining both good regulation where needed to protect health, safety, and the environment, and to enhance the functioning of markets, and deregulation where free markets work better. The concept of quality regulation was the primary basis for policy recommendations that gained the support of all Member countries in the 1997 OECD Report to Ministers on Regulatory Reform. Regulatory reform is an innovative and fast-moving field. The PUMA work programme on regulation has focused on helping governments develop new capacities and identify best practices for improving the quality of their regulatory decisions. The intent is to establish a longer-term basis for efficient ...

Principles for ensuring an effective regulatory enforcement and inspections

Regulatory enforcement and inspections are crucial aspects for understanding how the regulatory system affects businesses and the economy and for ensuring effective compliance with regulation. Nonetheless, most countries have focused their efforts in analysing the processes of how regulations are designed and developed, and on how to improve them and make them “smarter”1. Therefore, enforcement strategies and inspections are relatively new and understudied elements of the regulatory policy. In the last years, the emergence of new regulatory challenges (such as environmental protection, public corruption, financial stability, and so on), combined with the growing constraints on public budget have raised the governments’ concern over how business and the public sector implement regulation. The policy debate has started to revolve around the efficacy of regulation enforcement and inspections in order to achieve a more substantial compliance by regulated entities. This report provides a short overview on some of the main recommendations issued both at the national and international level on enforcement and inspections. It especially focuses on the 2014 OECD Best Practice Principles and on the key principles for improving the effectiveness and the efficiency of regulatory enforcement and inspections contained in it. Some of these principles stem from national experiences. The UK government, for example, has started tackling some of the problematic issues in relation to enforcement and inspections since the 2005 Hampton Review. The Italian government has also issued in 2012 Guidelines and a Dossier concerning public controls and inspections on private enterprises with the goal of simplifying the procedures and improving the enforcement outcome. The aim of this report is to examine the recurring problems in the field of enforcement and inspections in the light of the principles recommended by the OECD in order to overcome them. The study shows a common trend of governments attempts of improving the efficiency of controls and achieving better regulatory outcomes. The report starts with a brief overview on one of the earliest documents regarding the issue, the 2005 UK Hampton Review. It, then, investigates in more detail the OECD Best Practice Principles for Regulatory Enforcement and Inspections. Finally it analyses the Italian Guidelines and Dossier on public controls on business. It concludes with a highlight on the common features of all the above mentioned documents, which all pursue the ultimate objective of reducing the costs of monitoring business and the public sector, while increasing the effectiveness of the enforcement activity.

International organizations and international regulatory cooperation: exploring the links .pdf

This chapter outlines recent trends in international regulatory co-operation (IRC), the roles that international organisations (IOs) play in IRC, and how the effects of IO involvement might be assessed. The trends are clear and striking. However, we know far too little about the roles of IOs and their effects, both crucial issues. The OECD project on international regulatory co-operation, with the collaboration of participating IOs, can thus make a valuable contribution, producing better information and analytical insights, allowing IOs to improve their procedures, and helping states to reap the benefits of regulatory co-operation. This chapter accordingly concludes with preliminary thoughts on questions and approaches the project might explore.

Literature Review of Common Regulatory Frameworks in non-IMPEL Member Countries

2010

Notes References are footnoted following the Oxford Standard for the Citation Of Legal Authorities (OSCOLA). However, inconsistent with the conventions of OSCOLA, for ease of reference, authors are identified by their surname followed by their initial(s) and journals are cited using their full titles. Many references cite an online source, in such cases this source was available via the Internet at the date of completion of this literature review (23 June 2010). Disclaimer This literature review has been prepared by the researchers with guidance from representatives of IMPEL. The information does not necessarily represent either the views of the researchers, IMPEL, the national administrations or the commission. Rather, the content reflects the sources available and the constrained time period.

Regulatory Assessment Toolkit:A Practical Methodology For Assessing Regulation on Trade and Investment in Services

2014

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The 2013 update of the OECD's database on product market regulation

OECD Economics Department Working Papers, 2015

Complete document available on OLIS in its original format This document and any map included herein are without prejudice to the status of or sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area. ECO/WKP(2015)18 Unclassified English-Or. English ECO/WKP(2015)18 2 OECD Working Papers should not be reported as representing the official views of the OECD or of its member countries. The opinions expressed and arguments employed are those of the author(s). Working Papers describe preliminary results or research in progress by the author(s) and are published to stimulate discussion on a broad range of issues on which the OECD works.