Regulatory Impact Assessment, Comparative analysis and the Greek case

Doctoral Dissertation uoadl:2875195 261 Read counter

Department of History and Philosophy of Science
Library of the School of Science
Deposit date:
Nalpantidou Sonia
Dissertation committee:
Γεώργιος Δελλής, καθηγητής Νομικής Σχολής/ ΕΚΠΑ,
Αντώνης Μακρυδημήτρης, Καθηγητής Τμήματος Πολιτκής Επιστήμης και Δημόσιας Διοίκησης/ΕΚΠΑ,
Ήβη- Αγγελική Μαυρομούστακου, Καθηγήτρια Τμήματος Πολτικής Επιστήμης, Πανεπι-στήμιο Κρήτης,
Ευαγγελία Μπάλτα, Επίκουρη Καθηγήτρια, Τμήμα Διοικητικής Επιστήμης, Πάντειο Πα-νεπιστήμιο,
Πέτρος Γέμτος, Ομότιμος Καθηγητής ΙΦΕ/ΕΚΠΑ, μέλος 3 μελοὐς,
Πέτρος Παραράς, Ομότιμος Καθηγητής Νομικής Σχολής/ ΔΠΘ μέλος 3 μελούς,
Αριστείδης Χατζής, Καθηγητής ΙΦΕ/ΕΚΠΑ Κύριος, Επιβλέπων καθηγητής, μέλος 3μελούς.
Original Title:
Η ανάλυση των επιπτώσεων των κανονιστικών ρυθμίσεων, Συγκριτική επισκόπηση και η περίπτωση της Ελλάδας
Translated title:
Regulatory Impact Assessment, Comparative analysis and the Greek case
Regulatory Impact Assessment is a useful policy tool in the framework of regulatory re-form or better regulation programs developed in many countries around the world. It provides assistance to decision-making without substituting the legislator's judgment by providing information to policy-makers and by assessing the expected benefits and costs and economic, social and environmental risks. This is an approach based on the economic analysis of law and aims to ensure that decisions are based on empirical evi-dence and a thorough analysis of different options.
This thesis seeks to analyze the ‘birth’ and the evolution of the impact assessment in Greece, examining the theories that contributed to her birth and analyzing its position on the international scene. In particular, the purpose of regulation in general and the vari-ous related theories of regulation, from public interest theory to economic theory, was examined. These theories attempted to answer the allegedly simple question of 'why there are regulations?'.
Then, the most remarkable systems in the world were analyzed, starting with the pio-neering system of the United States of America, which began the first attempts to as-sess the impact of the regulations since the 1970s. Then the significant contribution of the OECD to impact assesemtn with the system of regulatory reform, assessments of the systems of the various countries and dissemination of good practices was exam-ined. The system of the United Kingdom and the European Union, in particular the Eu-ropean Commission, has also been analysed.
Then we move to Greece. The situation in Greece has aggravated the need to create an institutional framework to control the quality of legislation and regulation or better regulation. Before the unprecedented crisis in which our country is in, the Greek gov-ernments have set out from the outset to adopt an ambitious ex ante system of asses-ing the consequences of the regulations. Ultimately, the introduction of a rather ambi-tious system was made in 2012 by law, after the first step in 2006, adopting a Prime Minister's circular and amending the Parliament's Rules of Procedure in 2010.
Under the overriding requirements of the law, any new law should be accompanied by a specific analysis demonstrating the impact that these regulations will have on the market and the economy but also on society, the environment, the public administration and the administration of justice in general. A report will be drafted detailing the benefits (and above all) of the costs to any legislative initiative for the country's economy.
Subsequently, 130 reports were analysed from 2010-2012 on the basis of a scorecard, which examined the methodology and report data. The quality of the reports was as-sessed, the system weaknesses became evident and improvements proposals were submitted based on the results of the scorecard, the experiences of other countries and the OECD recommendations for Greece.
The 2012 reform was an important step in the right direction, but further steps are needed to see this reform as successful, making the system more proportionate and more beneficial for policy making. Impact assessment should also be introduced through a review system into a continuous policy cycle, with steps such as monitoring and eval-uation, so that we can also create a regulatory framework in Greece that takes account of the lessons learned from the economic analysis of the law, knowledge, experience and international practices, but with a more proportionate and targeted system accord-ing to the needs and conditions of the Greek reality.
Main subject category:
Regulatory Impact Assessment, Economic Analysis of law, Regulatory Reform, Better Regulation
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