MINISTRY OF ECONOMY Guidelines for the Regulation Impact Assessment
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the Law on Council of Ministers, Ministerst implementing government
policies are oblidged to co-operate with local government, NGO’s and
sectoral organizations.
The experience and analysis of the RIA functioning in Poland, however,
reveal a low level of practice in making comprehensive RIAs with a
good analysis quantitatively indicating all the potential costs and
benefits.
In order to improve the RIA efficiency guaranteeing a thorough analysis
of the costs and benefits resulting from undertaken regulatory measures,
it has become necessary to make the principles of the regulation impact
analysis more familiar in line with the European Union
recommendations and the best practices of its member-states.
The main idea is to do RIA before a draft normative act is designed.
RIA is a useful instrument in making political decisions but it will never
stand for political decisions themselves. RIA cannot be used as an ex-
post justification of decision. An assessment of the regulation impact is
not a substitute of a justification of any normative act either.
Considering the existing experience in using the RIA system, especially
the critical opinions of the business world, the Guidelines for the
regulation impact assessment (RIA) have been developed.
The below-presented Guidelines are a set of indications for making a
RIA which are expected to improve the process giving it an adequately
high quality and making it a real value added to the decision-making
process.
The aim of the present analysis is to present in a brief and simple way,
step-by-step, all the particular phases of making the regulation impact
analysis. The intention is that the below-presented Guidelines should
make it easier to clearly define the issues and identify the goals, as well
as to make the decision-making process more efficient, provide better
justifications to the activities undertaken by the government, and to
minimise their potentially adverse consequences.
Our special intention is to draw attention to two key instruments offered
by RIA: consultation, defined broadly as getting the opinions and data
from stakeholders affected by a given regulation, and the assessment of
the environmental impact.
The former is not a new component. The necessity to get opinions from
parties interested in having an issue solved is, according to the
Principles of the legislative technique, one of the mandatory actions
preceding the decision to make a draft law. Public opinion surveys offer
a whole lot of important information on the functioning of various
economy sectors. Consultations, defined not only as social consultation
of a proposed law, help to gather data on the potential costs and
benefits, as well as to assess the risk brought about by a planned law.
Consultation, therefore, helps to predict the unwanted consequences of a
regulation and to increase the acceptance level of the introduced
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