Ex-ante Policy Impact Assessment in Croatia

Legal background

 
The Amendments to the Standing Orders of the Government of the Republic of Croatia - Rules of Procedure, which concern introduction of IA, were adopted on Government session on February 10, 2005. According to the amendments, impact assessments are required to accompany normative acts submitted to the government and to the parliament.
 
On the basis of the Rules of Procedure of the Government of Croatia, standard methodologies are to be introduced by respective ministries (FIA by Ministry of Finance, IA on market and state aid by Ministry of Economy, Labour and Entrepreneurship, SIA by Ministry of Health and Social Welfare, EIA by Ministry of Environmental Protection, Physical Planning and Construction) in the form of a government decision.
 
So far, two of the four anticipated IAs were introduced by Government decision: Financial Impact Assessment (FIA) was introduced in May 2005 and Social Impact Assessment (SIA) in April 2007. On the basis of these decisions, all new regulations must be accompanied by financial IAs on the state budget and these assessments must be reviewed by the Ministry of Finance for their quality, which has issued detailed procedures and templates for this purpose.
 
The Government Decisions on both FIA and SIA specify the way, how IAs are to be presented for Cabinet approval. In the process of preparation of the IA, the IA information needs to be prepared for each legislative item going for approval by the Cabinet. The IA information must specify (IA or Explanatory Memorandum or one is part of the other):
  • the type of the regulation and/or recommendation for which the account is being made
  • the name of the regulation and/or recommendation (for example, Changes and Amendments to the Health Protection Law)
  • the aim of the recommendation, that is, the intended result of the introduction of the new, or the changing of the existing regulation
  • the reason for the intended change, that is, the driver or justification behind the reform. The decisions do not ask for any identification of options. The Form is submitted together with draft regulations and other draft subordinate legislation passed by the Government of the Republic of Croatia and draft legislation and other regulations the Government presents to the Croatian Parliament for approval. 

Institutional background

  
The execution of IAs is done by proposing line ministry which sends a standard form to the Responsible Ministry (the Ministry of Health and Social Welfare for social impact, Ministry of Finance for financial impact, and environmental impact by the Ministry ofEnvironmental Protection, Physical Planning and Construction).
The responsible ministry controls the quality and approves the proposed IA. Thus, in the case of SIA, it is the Department for Social Welfare at the Ministry of Health and Social Welfare, and in case of FIA, it is the Bureau for Macroeconomics Analysis and Planning in cooperation with State Treasury, Sectors for Budget Preparation and Execution at the Ministry of Finance.The Book of Rule of the Government of Croatia stipulates that these responsible ministries are obliged to give their opinion towards the draft regulation and accompanying IA form during the inter-ministerial review process. If the responsible body believes that the proposed IAs are of low quality, it could send back the form to the proposing body.
Special Government Unit for Deregulation (HITROREZ) was established in 2005 with the aim to increase the quality of government services for businesses and citizens by increasing the speed, efficiency, flexibility and transparency of state administration. Although its primarily task is conducting Regulatory Guillotine and increasing competitiveness of Croatian economy, it is also entrusted with task of proposing the creation of central unit for Regulatory Impact Assessment.
At the moment, the Government of Croatia is in the process of approving the establishment of a central unit for coordination of IA system which will result in the change in the Rules of Procedures.
 

Relevant areas of IA

 
Currently only Financial Impact Assessment is implemented in the practice. Since Social IAs have just recently been approved by the Government there are not yet pieces of regulations that has passed through Social IA. When conducting both fiscal and social impact assessments, the proposing body should cite the fundamental duty, description, the general and specific aims and the legal foundation of the proposed policy or reform, as a precondition for the opening of new activities (policies) and/or projects. It is necessary to describe the main reasons for the changes. Also is necessary to include a list a reference to the performed analyses which explain the impacts thereof. Information should also include the principle partners, if any, their relationship to the proposed reform, and their roles and proposed inputs for the implementation of the reform.
 

Related activities

UNDP Croatia Country Office has been seriously engaged in promoting the methodology of social impact assessment. Their work has resulted that the Government adopted the methodology in April 2007.

Existing guidelines

Social Impact Assessment methodology and user`s guide have been developed by UNDP Croatia Country Office. The attached SIA Methodology and SIA User's guide have been developed by UNDP CO Croatia for the Ministry of Health and Social Welfare (in charge of assessing SI of newly proposed legislative acts). UNDP has organized 2 rounds of consultation with line ministries and state agencies and with civil sector on proposed SIA methodology. This UNDP activity resulted in adoption of SIA methodology by Croatian Government in April 2007.

Documents, links

 
http://www.nn.hr/clanci/sluzbeno/1999/2125.htm - Standing Orders of the Government of the Republic of Croatia, Official Gazette No. 138/1999
 
Odluka o obrascu standardne metodologije za procjenu financijskog učinka (A Form of Standard methodology for financial impact assessment – SMFIA) accepted by the Government of Croatia on its meeting held May 20, 2005
 
Odluka o obrascu standardne metodologije za procjenu socijalnog učinka, (The decision of form of the standard methodology for an assessment of social impacts (Official Gazette 38/07)