Procedures and practice to control creation of administrative burdens

The law requires that all new regulations undergo ex-ante assessment of the proportionality of administrative burden creation

Review of the existing rules of procedure of the government and other relevant regulations to check if the preparation and approval of regulatory proposals (laws and regulations) by government and/or parliament require carrying out analysis to inform decision making. In particular, checks are carried out whether regulatory impact assessments (RIA) or any other ex-ante analysis is prescribed, and if it contains specifically the obligation to assess their potential impacts on administrative burden creation/simplification and the obligation to prove that the burden created is proportionate to the legal aims.

The government has published guidelines to calculate regulatory administrative burdens and costs

Review of the legislative and regulatory framework is checked if there is a rulebook, manual and/or a guidance document, prepared centrally or by ministries, containing guidance for ministry officials on internal ministerial procedures, processes, and steps how to prepare a regulatory impact assessments (RIA) report or similar ex-ante assessment of normative acts. It is particularly checked if this methodology includes guidance on how to calculate the administrative burdens and costs created by regulations (through the application of the Standard Cost Model or other similar method).

Ex-ante assessment of administrative burden on new legislation is carried out in practice (%)

The consistency of implementation of at least basic analytical tools during policy preparation is checked based on the review of the full list of all draft laws and regulations approved by the government during the last full calendar year, as well as the relevant supporting documents that were prepared for those proposals (e.g., explanatory memorandum, fiscal impact assessments, regulatory impact assessment reports, public consultation reports). The complete list of all required supporting documents will be established based on the review of the existing national regulations. Administrations will be asked to inform whether the required documents were prepared for all approved draft laws and regulations, including an assessment of its impacts on administrative burden/cost. Random checks are carried out to ensure that all relevant supporting documents were indeed prepared and included in the final packages that went to the government for approval. Further checks are carried out based on the review of the actual supporting documents of a selected sample of five cases. A sample of five draft laws and the relevant supporting documents are reviewed and checked. Points are allocated based on the percentage of the 5 selected cases of regulatory impact assessments or similar ex-ante analyses of new legislation which assess their impact on administrative burden: - x < 30% = 0 points - 30% ≤ x < 70% = linear function - x ≥ 70% = 5 points.

Ex-ante assessment of administrative burden on new secondary regulations is carried out in practice (%)

(Numerical) consistency of analysis of administrative burden/cost creation on secondary legislation approved by the government is assessed based on the review of all normative acts and decisions of government which are regulatory by nature, and which were approved by the government in the last full calendar year. The national administrations are asked to provide the full list of all normative acts and decisions approved by the government during the last full calendar year, indicating the regulations for which such analysis of administrative burden/ cost creation had been prepared at the time of government approval. Exceptions to the regulatory impact assessment (RIA) rule provided in the national regulations and procedures establishing the RIA system for the secondary legislation will not be considered in the calculation of this indicator (i.e., all eligible acts of government which are in regulatory nature will be included in the baseline). It is determined the scope of the regulatory measures to be considered in the analysis to ensure only regulatory measures are included. Points are allocated based on the percentage of the 5 selected cases of regulatory impact assessments or similar ex-ante analyses of all secondary legislation which assess their impact on administrative burden: - x < 30% = 0 points - 30% ≤ x < 70% = linear function - x ≥ 70% = 5 points.