the questionnaire distributed to local experts

advertisement
Citizen Engagement in Rulemaking Questionnaire
Dear Sir or Madam,
We would like to introduce you to the Citizen Engagement in Rulemaking initiative, a global project
being developed by the World Bank Group.
This project is compiling a new dataset on citizen engagement in rulemaking worldwide. It focuses on
government notification of proposed regulations, publication of draft texts, engagement with
stakeholders during regulation preparation and practices around regulatory impact assessments.
During a pilot phase, data was collected from the private sector’s perspective. Now, during the second
phase of data collection, the project is gathering information from the regulators’ standpoint in order to
have a comprehensive understanding of citizen engagement in rulemaking in each of the sampled
economies.
Your input to this project would be greatly appreciated. Our staff would be happy to answer any
questions you may have about the project or the questionnaire. As a regulation expert in your country,
your contribution, or the contribution of the colleague you designate, is critical to making sure the data
we collect for your economy is accurate and comprehensive.
Please kindly return the completed questionnaire by e-mail to rulemaking@worldbank.org.
Thank you very much in advance for your assistance in this effort.
Melissa Johns
Advisor, Global Indicators Group
Development Economics, World Bank Group
Tel: +1 (202) 473 7143
Fax: +1 (202) 473 5758
Email: rulemaking@worldbank.org
1
Citizen Engagement in Rulemaking Questionnaire
Primary Contributor Information: Please check the box next to information you do not want us to release.
Name
Title (Mr., Ms., Dr.)
First Name
Last Name
Position (e.g. manager, associate)
Profession (e.g. judge, lawyer)
Do not release
Never released
[
[
[
[
[
]
]
]
]
]
[
[
[
[
[
[
]
]
]
]
]
]
Contact details
Do not release
Do not release
Do not release
Never released
Do not release
Never released
Agency name
Department/office name
Website
E-mail address
Phone
Mobile phone
Do not release
Street
City
Zip/Postal code
Regulatory agency address
en
[
[
[
]
]
]
P.O. Box
State/Province
Country
[
[
[
]
]
]
ctitzen ALB 150
Additional contributor(s) who worked on the questionnaire and whom you would like to acknowledge:
Name
Occupation
Email
Phone
Address
[title]
[first name]
[last name]
[agency]
[position]
[profession]
[
]
[phone]
[mobile]
[street]
[state/province]
[city/country]
[title]
[first name]
[last name]
[agency]
[position]
[profession]
[
]
[phone]
[mobile]
[street]
[state/province]
[city/country]
[title]
[first name]
[last name]
[agency]
[position]
[profession]
[
]
[phone]
[mobile]
[street]
[state/province]
[city/country]
Referrals: Please help us expand our list of contributors by referring us to other experts/agencies who can respond
to the questionnaire.
First name
Last name
Position
Firm
[
]
[
]
[
]
[
[
]
[
]
[
]
[
Address
Phone
E-mail
]
[
]
[
]
[
]
]
[
]
[
]
[
]
2
Citizen Engagement in Rulemaking Questionnaire
This questionnaire is aimed at understanding how governments consult with stakeholders about proposed
regulations affecting business activities and assess their possible impact. We recognize that there may be a
variety of practices across different ministries or regulatory bodies in your country. Please focus your answers on
the practices most commonly followed in your ministry or regulatory agency, and note in the “comments” section
where different practices exist.
Definition of “regulation”: For the purpose of the questions below, “regulation” means any rule or order issued or
proposed by an executive authority or regulatory agency of a government and having the force of law and where
there is an expectation of compliance (for example, statutes, subordinated rules, administrative formalities, decrees,
laws/bills, circulars, etc.) affecting business activities in your jurisdiction.
1. Do ministries or regulatory agencies in your jurisdiction give notice of proposed regulations to the
general public? -Click to Select- (If no, please go to section 2.)
1.1 What is included in the notice?
1.2 How is the notice given?
On a unified website where all proposed regulations are published. Please provide the website
address:
On the website of the relevant ministry or regulator. Please provide the website address:
Printed in a federal journal or similar publication
Other (please specify):
1.3 Please explain if your answers are applicable to only specific types of regulations (e.g., tax law,
environmental regulation, international trade or commercial law) and how practices differ across
those regulations or across different ministries/regulatory agencies:
1.4 Is the rulemaking body required by law to give this notice? -Click to SelectIf yes, please provide the relevant regulation:
1.5 Please provide any additional comments:
2. Do ministries or regulatory agencies in your jurisdiction publish the text of proposed regulations before
their enactment? -Click to Select- (If no, please go to section 3.)
2.1 Where is the draft published?
On a unified website where all proposed regulations are published. Please provide the website
address:
On the website of the relevant ministry or regulator. Please provide the website address:
Printed in a federal journal or similar publication
Directly distributed to interested stakeholders
Other (please specify):
2.2 Please provide any additional comments:
2.3 Is the entire legal text of the proposed draft published? -Click to SelectIf no, please indicate what is published (for example, a synopsis):
2.4 Is this publication required by law? -Click to SelectIf yes, please provide the relevant regulation:
2.5 Is there a period of time set by law for the text of the proposed regulations to be publicly available?
-Click to SelectIf yes, please specify the period of time:
2.6 Are the texts of the proposed regulations available free of charge?
2.7 Can anyone access the text of proposed regulations? -Click to SelectIf no, please explain:
2.8 Is there a specialized government body tasked with publishing the draft texts? -Click to SelectIf yes, please provide the name of the government agency, department, unit, etc.:
2.9 Please explain if your answers are applicable to only specific types of regulations (e.g., tax law,
environmental regulation, international trade or commercial law) and how practices differ across
those regulations or across different ministries/regulatory agencies:
2.10 Please provide any additional comments:
3. Do ministries or regulatory agencies in your jurisdiction request comments on proposed regulations from
the general public? -Click to Select- (If no, please go to section 4.)
3.1 How are the comments received in practice?
Through a unified website for all proposed regulations. Please provide the website address:
3
Through the website of the relevant ministry or regulator. Please provide the website address:
Through targeted outreach to business associations, other stakeholders or both
Through public meetings
By email
Other (please specify):
3.2 Is the rulemaking body required by law to request these comments on proposed regulations?
-Click to SelectIf yes, please provide the relevant regulation:
3.3 Is there a specialized government body tasked with soliciting and receiving these comments?
-Click to SelectIf yes, please provide the name of the government agency, department, unit, etc.:
3.4 How long is the consultation period by law?
3.5 Please explain if your answers are applicable to only specific types of regulations (e.g., tax law,
environmental regulation, international trade or commercial law) and how practices differ across
those regulations or across different ministries/regulatory agencies:
3.6 Please provide any additional comments:
4. Do ministries or regulatory agencies in your jurisdiction report on the results of the consultation on
proposed regulations? -Click to Select- (If no, please go to section 5.)
4.1 How does the government report on the results of the consultation in practice?
Prepares one consolidated response
Provides customized responses to certain audiences or stakeholders. Please explain:
Other (please explain):
4.2 How are the results reported in practice?
On a unified website for all proposed regulations. Please provide the website address:
On the website of the relevant ministry or regulator. Please provide the website address:
Printed in a federal journal or similar publication
Directly distributed to interested stakeholders
Other (please specify):
4.3 Is reporting on the results required by law? -Click to SelectIf yes, please provide the relevant regulation:
4.4 Is there a time frame set by law for reporting the results? -Click to SelectIf yes, please specify the time frame:
4.5 Please provide any additional comments:
5. Do ministries or regulatory agencies in your jurisdiction conduct an impact assessment of proposed
regulations? -Click to Select- (If no, please go to section 6.)
5.1 What impact is typically assessed?
Impact of the proposed regulation on administrative costs for the government
Impact on competitiveness and market openness
Impact on the public sector
Impact on the private sector
Impact on international obligations or agreements
Impact on the environment
Cost-benefit analysis of the proposed regulation
Other (please specify):
5.2 Is there a certain criterion or threshold used for determining which proposed regulations are subjected to
this impact assessment (for example, if the proposed regulations will have a significant impact on
business or implies a budget allocation over a certain monetary threshold)? -Click to Select5.3 Please provide that criterion or threshold:
5.4 Is the impact assessment required by law? -Click to SelectIf yes, please provide the relevant law/regulation:
5.5 Are there any specific regulatory impact assessment guidelines? -Click to SelectIf yes, please provide the website address to the text:
5.6 Is there an obligation for regulators to consider alternatives to regulation?
5.7 How is this impact assessment distributed?
Through a unified website for all proposed regulations. Please provide the website address:
Through the website of the relevant ministry or regulator. Please provide the website address:
4
Through targeted outreach to business associations, other stakeholder groups or both
Through public meetings
Other (please specify):
5.8 When is this assessment distributed?
Together with the proposed regulation
After the consultation period for the proposed regulation
Other (please specify):
5.9 Is there a specialized government body tasked with conducting, reviewing and commenting on these
assessments? -Click to SelectIf yes, please provide the name of the government agency, department, unit, etc.:
5.10 What kind of functions and power does this specialized government body have? (Select as many as
apply)
Reject draft regulatory impact assessments
Provide guidance to experts conducting the assessment
Review and monitor regulatory impacts conducted in individual ministries
Inform Cabinet or Parliament/legislature about compliance with regulatory impact assessment
requirements
Report systematically on progress made on regulatory reforms by individual ministries
Advocate or promote regulatory quality and reform
Other (please specify):
5.11 Please explain if your answers are applicable to only specific types of regulations (e.g., tax law,
environmental regulation, international trade or commercial law) and how practices differ across
those regulations or across different ministries/regulatory agencies:
5.12 Please provide any additional comments:
6. How many regulations has your agency issued over the past year?
-Click to Select-
Thank you very much for completing this questionnaire!
5
Download