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Author: Jonathan Verschuuren Publisher: BRILL ISBN: 9004170200 Category : Law Languages : en Pages : 297
Book Description
Around the globe, ex ante evaluation of legislation has become an established rationalisation of legislative processes. Legislators, politicians, and the public at large increasingly demand new laws to have a particular effect and no unwanted side effects. Various instruments are being applied that all have in common that they must predict the effect of new legislation. Until now, most publications on regulatory impact assessment praise such instruments as being extremely useful. Scepticism, however, is in order as well. Is it not as difficult to predict the future effect of a new set of rules in our complex society as it is to predict where our society as a whole is going? The search for an answer to this sceptical question is at the heart of the book. The newly established Research Group for Methodology of Law and Legal Research at Tilburg University (the Netherlands) brought together some of Europe s top specialists in the field of ex ante evaluation of legislation, with backgrounds in law, social science, political science, and law and economics. The result of their collaborative effort is a comprehensive and critical book on the pros and cons and on the opportunities, limitations, and challenges of ex ante assessment of legislation.
Author: Jonathan Verschuuren Publisher: BRILL ISBN: 9004180834 Category : Law Languages : en Pages : 296
Book Description
The growing attention for evidence-based lawmaking and reduction of administrative burdens caused methods of ex ante evaluation to be introduced in legislative processes around the globe. This book discusses the opportunities, limitations and challenges of ex ante assessment of legislation.
Author: Council of Europe Publisher: Council of Europe ISBN: 9789287147295 Category : Political Science Languages : en Pages : 98
Book Description
The evaluation of the effects of laws is a relatively recent development in Europe. Its growing importance is related to changes in the form of legislation, which is often targeted to achieve certain goals. In these circumstances, the proper application of legal norms alone is no longer sufficient, it is also necessary to verify whether the goals pursued are actually attained. Evaluation of legislation therefore means the assessment of the foreseeable or actual impact of laws to clarify the extent to which the actual impact is consistent with the stated objectives, to identify undesirable effects and to assess the coherency of the means used to attain the objectives. This publication reflects the contribution of the Council of Europe to two bilateral seminars organised with the authorities of Georgia (October 2000) and Ukraine (March 2001). It is organised into two sections: the issues at stake , and European experience.
Author: Ulrich Karpen Publisher: Nomos Verlagsgesellschaft Mbh & Company ISBN: 9783789074493 Category : Political Science Languages : en Pages : 252
Book Description
From a comparative European perspective this useful manual describes how to evaluate draft laws before legislation and how to control costs of statutes after having them enacted. It is an instrument for making laws more effective, more efficient and cheaper.
Author: Anne C.M. Meuwese Publisher: Kluwer Law International B.V. ISBN: 9041130551 Category : Law Languages : en Pages : 328
Book Description
Recent constitutional thinking has directed its attention to the profound impact of ‘soft’ norms on the way legislation is made. This book identifies the European Union’s impact assessment regime as a source of these norms. In 2002 the European Commission – later followed by the European Parliament and the Council of Ministers – committed to performing rigorous assessment of the economic, social and environmental impacts of policy options before adopting (legislative) proposals. Applying a ‘constitutional lens’ to this ‘regulatory’ topic, Anne Meuwese examines both the details and the framework of IA in EU lawmaking to date, drawing attention to its strengths, its contradictions, and its power to enhance the deliberative quality of legislative debates. Integrating the perspectives of political scientists and economists with the concerns of legal scholars and practitioners, Dr Meuwese describes and interrelates such aspects of the subject as the following: the potential role of impact assessment as a catalyst of legal principles, by emphasising or overriding norms that govern both the procedural and the substantive aspects of the EU legislative process; the ‘constitutional tasks’ of impact assessment as applied to European legislative proposals, especially relating to subsidiarity, proportionality, and the precautionary principle; the formal and informal extension of the scope of impact assessment beyond the co-decision procedure; the question whether impact assessment crosses the line between informing the legislator and fettering legislative discretion. In the course of her analysis Dr Meuwese develops models for possible usages of IA in EU lawmaking, analyses the implementation of impact assessment processes in the European Commission, the European Parliament and the Council as well as the roles of relevant ‘co-actors’, and offers results of empirical research in the forms of a survey of EU legislative practice and in-depth case studies of four EU legislative dossiers.
Author: Amy A. Eyler Publisher: Oxford University Press ISBN: 0190224657 Category : Medical Languages : en Pages : 409
Book Description
Prevention, Policy, and Public Health provides a basic foundation for students, professionals, and researchers to be more effective in the policy arena. It offers information on the dynamics of the policymaking process, theoretical frameworks, analysis, and policy applications. It also offers coverage of advocacy and communication, the two most integral aspects of shaping policies for public health.
Author: Pierre Larouche Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
Why do we conduct Ex ante Evaluation of Legislation or regulation (EEL)? In the light of economic theories, this paper investigates a series of distinct and sometimes competing rationales or purposes for EEL. They include the mainstream economic rationale, i.e. improving the quality of legislation, as well as a number of purposes which link in with fundamental legal principles, such as accountability, transparency and democracy (representative, participative or counter-majoritarian). They are complemented with more complex rationales based on specific strands of economic theory, including remedying information deficiencies and committing players in the legislative game. The picture would not be complete without the less rosy rationales, namely deregulation and legislative entrepreneurship. Most of these rationales - except for the last ones, which do fit part of the practice unfortunately - are compatible with each other, providing strong explanations for one or the other feature of EEL. In the end, it seems more appropriate to picture the EEL as a multi-purpose instrument, following a number of strong and mutually reinforcing rationales. Through this fundamental inquiry, the paper also highlights a number of open issues, including if and how the EEL contrains the decision-maker, whether the EEL is available as evidence in subsequent judicial proceedings and how the expert, technocratic and political rationalities behind the EEL relate to each other.
Author: Jonathan Verschuuren
Author: Franklin M. Zweig
Author: Jonathan Verschuuren
Author: Council of Europe
Author: United States. Department of Education
Author: Ulrich Karpen
Author: 
Author: Anne C.M. Meuwese
Author: Eberhard Bohne
Author: Amy A. Eyler
Author: Pierre Larouche