MINISTRY OF ECONOMY Guidelines for the Regulation Impact Assessment
19
D.
How to handle consultation on
new regulations?
6. What is the purpose of consultation?
Consultation is an indispensable part of regulation impact assessment. It
may not only be an information source about the anticipated costs and
benefits of a regulation, but also a source of opinions on the possible
improvement in the planned regulations. Participants in the consultation
should include not only the traditional parties to public dialogue (such
as, trade unions and employers) but all the stakeholders to whom the
planned regulation is addressed and subjects whose interests and rights
are affected by the regulation, that is, all those who by virtue of the law
act in defence of certain group interests.
In particular, consultation ensures:
• Gathering valuable information about the subjects potentially
affected by the regulation (e.g., their number, size, market
share),
• Better public information about our plans,
• Better understanding of the problem perception by various
groups of interested parties,
• Precise definition of priorities,
• Quick information about emerging problems before they grow to
a large scale,
• Increasing the acceptance level of the introduced solutions,
• Preparing public partners for an efficient implementation of the
regulation and for taking co-responsibility for them.
The aim of consultation is to reach the possibly broadest audience and
become familiar with their opinions to be able to better improve the
quality of the planned solutions, even if it leads to dropping the
intervention.
Consultation is more than access to information and distribution of the
document to a number of selected partners. Consultation is not
negotiation either—the final decision remains in the hands of public
administration.
Consultation should be held at the possibly earliest stage of the
regulation impact assessment. It is advisable to held them during the
work on the problem analysis and identification of the action objectives.
The consultation process should also go on at the further stages of the
assessment of regulation consequences. RIA in this process allows to
structure the dialogue with the interested parties. This dialogue caters
information required for the completion of further RIA phases.
Before starting the consultations, we must compile a list of goals to be
achieved. When making this list, we should take into consideration the
Role of
consultation
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