1. Problem analysis
A key component in any thorough assessment of regulation
consequences is an analysis of the identified problem which makes a
starting point for any further analytical work that will later be put
together as comprehensive RIA justifying the selection of the right and
most efficient option of reaction to the identified problem. A good
preparation of the problem analysis is a condition of a correct evaluation
of the regulation impacts. It is also a condition of selecting the best
possible form of conduct of the public institution in relation to a given
problem or process.
When presenting a problem that requires regulatory action (not
necessarily new legislation) we must precisely define its nature and size
but also explain the causes (i.e., identify the incentives influencing the
subjects involved and the resulting reactions to them).
A correct definition of the problem equals a clear presentation of the
reasons behind the proposed solution method and it allows an
explanation of the causes of the problems in question: indicating the
possible imperfections of the market, government policies, etc.
We must check the sources of information about the problem under
study, especially whether it was identified within the administration or it
follows out of external information, such as, research reports, opinions
of public circles and partners, or whether it involves other external
factors.
Problems are often of multi-facial nature and they affect various groups
of subject in various ways. In such cases, all the problem’s aspects must
be carefully investigated and special attention must be paid to the
intensifying or opposite interactions between those groups and the
incentives affecting them.
Using the presented problem analysis as basis, we must then describe all
the factors supporting the adoption of a planned regulation and
justifying the intervention of public authorities in a given area.
We must consider whether the necessity to adopt a regulation results
from other independent factors, such as, for example, the community
law.
Tip: A precise description of the reasons for drafting and adoption of a regulation is
a condition of measuring the size of the problem we want to solve with the proposed
measures and of the assessment whether the proposed measures are adequate for the
problem.
Reasons for drafting and
adoption of a regulation
Problem
identification
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