OECD Regulatory Policy Outlook 2021

Description

Preface Foreword Acknowledgements Table of contents Abbreviations and acronyms Executive summary 1 Regulatory policy 2.0 Introduction Why the reinvention of regulatory policy? Regulatory challenges raised by new trends or events Challenges raised by technological transformation Benefits and potential pitfalls in using technology for regulation Regulatory policy and COVID-19 Looking ahead – a glance to the future of regulation Leveraging and adapting regulatory management tools to increase agility, quality and coherence of the rulemaking system Adapting regulatory management tools Increasing regulatory coherence, aligning regulatory governance with strategic governmental goals Removing regulatory “sludge” and “deadwood” for better recovery Thinking differently: Adopting behaviourally-informed approaches to regulatory governance Why we need to consider behaviours in regulatory governance Using BI to support the use of regulatory management tools Growing importance of regulatory oversight Better focus on regulatory delivery for achieving regulatory outcomes Ethical business regulation The need for risk-based, professional, flexible regulatory delivery Why risk matters: the importance of prioritisation, and proportionality Harnessing innovation for regulatory delivery Need for a shift to allow more dynamic, flexible and technology-neutral approaches to laws and regulation in the face of innovation (Re-)building trust in regulation and regulatory services Better communication strategies Further shift from public consultations to stakeholder engagement Demonstrating good governance of regulatory institutions The fundamental importance of ethics Notes References 2 Evidence-based policy making and stakeholder engagement Introduction Overarching trends Stakeholder engagement Composite indicators and summary results Get to know each other before proposing Communication is a key factor to every successful relationship Timing is everything Engagement requires a long term commitment from both parties Consulting with stakeholders in times of crises Regulatory impact assessment Composite indicators and summary results Making better decisions with RIA There is scope to improve the options considered in RIA RIAs are becoming increasingly proportionate to the significance of impacts An increasing range of impacts are assessed in RIA, but work remains to be done RIA in times of crises Ex post evaluation Composite indicators and summary results Evaluate, don’t just regulate Specific aspects of ex post evaluations need improvement Ex post evaluation in times of crises Extended areas of monitoring of the 2012 Recommendation Access to justice Regulatory coherence across levels of governments References 3 Regulatory oversight Introduction OECD members have continued to strengthen and institutionalise existing regulatory oversight systems Oversight of regulatory management tools has expanded further, although at varying speeds RIA quality control remains a cornerstone of regulatory oversight, but could be further strengthened by limiting exemptions Quality control of ex post evaluation is developing among OECD members, but progress remains slow There are promising examples of measures to strengthen oversight of ex post evaluations More systematic quality control is needed to ensure the effectiveness of stakeholder engagement practices ROBs can help to enhance substantially the performance assessment of regulatory management tools, which is still not fully transparent or systematic Seamless coordination, adaptability and a holistic approach that creates buy-in are essential for effective regulatory oversight By promoting a coordinated and comprehensive approach to analysis, providing ongoing support and creating buy-in, ROBs can make a difference for regulatory quality Results-oriented and systematic performance assessment holds the key to improving regulatory oversight Notes References 4 Rethinking rulemaking through international regulatory co-operation Introduction Governance of IRC Embedding IRC throughout domestic rulemaking Consideration of international evidence and instruments Engaging foreign stakeholders and ensuring transparency Assessing impacts beyond borders Accounting for international impacts in ex ante regulatory impact assessment Assessing the cross-border impacts of regulations through post-implementation reviews Bilateral, regional and multilateral co-operation: leveraging international co-operation efforts to improve the quality of domestic rulemaking International instruments in support of national regulatory efforts Improvement of quality and effectiveness of international instruments Note References 5 The governance of sector regulators Introduction The OECD Indicators on the Governance of Sector Regulators The landscape of economic regulators A culture of independence supports the integrity of regulatory decisions Economic regulators of network sectors in OECD countries are overwhelmingly defined by law as independent bodies The de jure independence of regulators is complemented by restrictions on leadership activities to prevent undue influence in most jurisdictions There is room for improvement in the regulators’ funding arrangements, to increase their independence Regulators usually only receive guidance on their long-term strategy, which enhances their independence Regulators’ accountability arrangements vary between sectors Regulators maintain direct lines of accountability to government or parliament There is room for improvement on performance reporting Most regulators publish draft decisions and collect feedback from stakeholders Researchers attempt to uncover the relationship between governance of regulators and sector performance Conclusion Notes References 6 Risk-based regulation Introduction Survey results: risk-based regulation is unevenly and incompletely applied Defining and understanding “risk” in a regulatory context Why risk matters: the importance of prioritisation, and proportionality Taking stock: unequal and often limited implementation Risk and regulation implementation: challenges in data collection, large variations in approaches Towards risk-based regulation: overcoming obstacles Highlights: major initiatives and innovations in risk-based regulation Implementing risk-based regulation through better use of data Outcomes-focused instead of process-focused regulation Emerging technologies and risk-based regulation Risk-based regulation in the COVID-19 crisis and its aftermath Conclusion Notes References 7 Country profiles Australia Overview and recent developments Austria Overview and recent developments Belgium Overview and recent developments Canada Overview and recent developments Chile Overview and recent developments Colombia Overview and recent developments Costa Rica Overview and recent developments Czech Republic Overview and recent developments Denmark Overview and recent developments Estonia Overview and recent developments Finland Overview and recent developments France Overview and recent developments Germany Overview and recent developments Greece Overview and recent developments Hungary Overview and recent developments Iceland Overview and recent developments Ireland Overview and recent developments Israel Overview and recent developments Italy Overview and recent developments Japan Overview and recent developments Korea Overview and recent developments Latvia Overview and recent developments Lithuania Overview and recent developments Luxembourg Overview and recent developments Mexico Overview and recent developments Netherlands Overview and recent developments New Zealand Overview and recent developments Norway Overview and recent developments Poland Overview and recent developments Portugal Overview and recent developments Slovak Republic Overview and recent developments Slovenia Overview and recent developments Spain Overview and recent developments Sweden Overview and recent developments Switzerland Overview and recent developments Turkey Overview and recent developments United Kingdom Overview and recent development United States Overview and recent developments European Union Overview and recent developments Annex A. 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