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Ex-ante Policy Impact Assessment in MoldovaLegal backgroundRequirements for Impact Assessment were introduced in October 2006 by the Government Decision on the Methodology of Analysis of Regulatory Impact and Monitoring of the Efficiency of Regulations (Regulatory Decision). This Decision requires IA for all normative acts adopted by the executive authorities (Government, Ministries, etc) and that affect the business and entrepreneurial activity. This was followed by another Government Decision on the Rules for the Elaboration and Unified Requirements for the Policy Documents (Policy Decision) that requires IA for all policy documents elaborated by the executive authorities. Some basic requirements of IA were put into legal acts that require Explanatory Notes for all legislative acts, namely the Law on Legislative Acts for acts to be adopted by the Parliament and Law on Normative Acts of the Government and of the central and local public authorities for acts to be adopted by those authorities. Both laws refer to the so-called Explanatory Note to justify the draft law (article 20) or draft normative act (article 37); the Explanatory Note should contain the following elements: a) Conditions that created the need for the elaboration of the draft law, including the need for harmonization of the legal act with EU legislation; the result that is to be achieved by new regulations; b) Principal provisions, the place of the act in the legislative system, emphasis of the new elements, social and economic and other effects created by the legal act; c) References to the respective regulations in EU legislation and to the level of compatibility of the draft legal act with the existing legislation; and d) Economic and financial argumentation in case the implementation requires financial expenditures or other investments (this in practice refers to the impact on state budget). There are thus two bases for conducting Impact Assessment: the Laws and the Government Decisions. Both require the submission of an Explanatory Note, but comparison between these two bases shows that there is a significant difference between the IA requirements imposed by each. The Regulatory and Policy Decisions follow the logic of the standard impact assessment process, whereas the Explanatory Notes required by the Laws on Legislative and Normative Acts focus only on the justification of the proposed legal norm (no alternatives are considered), without looking at the whole string of the policy process. Theoretically, the role of the Explanatory Note is to provide a sound (legal, economic, social) justification for the proposed legal draft. However in practice one finds exceptionally few cases of that. At the same time, Explanatory Notes aim only at supporting the legal drafting solution proposed, and do not discuss possible alternatives to the proposed legal norms – either in terms of the alternative legal norms or of considering non-legal solutions. The Regulatory Decision was introduced as a part of Regulatory reform project with the aim to improve the business environment, namely to implement the Law on Entrepreneurial Activity (No. 235-XVI, July 2006). Therefore the primary focus of the Impact Assessment methodology is the business and entrepreneurial activity area. The Regulatory Decision, in art. 2 of Chapter 1 says that the impact should be evaluated against the interests of society and the entrepreneurial interests. No guidelines are available for the elaboration of the policy documents of the IA for the legislative and normative acts as provided in the Regulatory Decision. Both Regulatory and Policy Decisions are no more than 3 pages long. Both documents are comparable by their content and quality and contain: 1) key definitions, 2) major steps in the IA, 3) the process of carrying out of IA and 4) the content of the final document. Institutional backgroundIn individual line ministries, Policy Units were set up by Governmental Decision No. 710 from July 2006, to commence their operation at the end of 2006. The formal mandate is to elaborate policies, evaluate sectoral policies and monitor the implementation of the policies, including assessment of economic, social, financial and environmental impacts. Most of the Ministries have already created Policy Units that are presumed to carry out the policy analysis. The units are responsible for policies, legislative proposals and related budgets. Thus, the Policy units within the ministries will be elaborating, evaluating and providing support on various policy aspects and policy documents, including impact assessments. However, they are not responsible for the elaboration of legislative proposals within the substantive policy domains of the ministries. In their mandate they are to be supported and coordinated by two bodies: the Government Office Unit for Policy (Policy Decision) and Ministry of Economy (Regulatory Decision). At this point in time the Government office has not yet created any specialized unit for this mandate and it is not clear where this function is to be located. Policy aspect is to be monitored by the future Governmental Office Unit for policies, whereby the Governmental Office Unit will be offering the support and the coordination for the ministries and the Ministerial Policy units. The latter, in return will oversee and provide support to individual substantive departments of the ministry. Regulatory Decision obliges all the central public administration bodies (art. 2) to assign responsible persons for conducting IA. The location of these persons are not uniform throughout the line ministries, depending on the ministry they could be in different departments, with most of the responsible persons to be found in the legal department. In accordance with the Regulatory Decision, the Ministry of Economy will provide the methodological support and coordination for the activity of the assigned responsible persons within the Ministries (art. 4 of the GD 1230). A Regulatory Committee, chaired by a vice-minister of Economy, is formed and coordinated by the Ministry of Economy and composed of wide representatives who look into all draft normative and legislative acts that could impact or affect business activity. the Committee should normally give a “green light” to the proposed drafts. The work of the Committee is supported by Secretariat and legal experts paid through World Bank project on regulatory reform. The Committee prepares non-binding opinions on the draft legal and normative acts proposed by various Ministries for the approval that are supposed to include already IA in accordance with the Regulatory Decision. Relevant Areas of Impact AssessmentRegulatory Impact Analysis Related ActivitiesIn order to strengthen the capacities of civil servants in conducting RIA, in the first decade of February 2008 with the support of the World Bank, some 54 people were trained. Moreover, the RIA Secretariat and the Division for entrepreneurship development in the Ministry of Economy and Trade were also trained in providing adequate consultations and guidance to public authorities. Despite this training, according to the evaluations conducted by the RIA Secretariat, the quality of analysis is very weak, it does not contain quantification of the impact and the final RIA is not much deeper than the preliminary one. Taking into consideration the weak civil servants’ capacities and their chronic lack of time, the requirement of applying this tool seems premature. Existing guidelinesRIA Manual The RIA Manual was elaborated early in 2008 by the RIA Secretariat, which is a consultative body located in the Ministry of Economy and Trade, the latter being responsible for the implementation of Regulatory Reform. The Manual extends over the RIA Methodology and represents a tool for civil servants in assessing the impact of legal drafts on entrepreneurial activity. It provides an overview of techniques for both qualitative and quantitative impact assessment, though it places a much greater emphasis on the cost-benefit analysis. Despite stressing the importance of performing a cost-benefit analysis the Manual does not describe this sophisticated policy analysis technique. The Manual introduces two stages to the RIA in the development of the policy proposal. These are the preliminary and final RIA. The assessment in the preliminary RIA is carried out through questions, known as the threshold criteria, which filter proposals so that only those with significant impacts require a final RIA. This process is to ensure that resources are focused on proposals that are of significance importance and that require in-depth analysis. The RIA process does not require the same level of analysis for every proposal from all authorities. However, all proposals are subject of preliminary RIA. It has some quantitative analysis and an indication of the magnitude of the impacts, costs and benefits. The final RIA requires an additional public consultation and greater quantification within the assessment. In completing the final RIA the substantive civil servants must involve the RIA Secretariat and consult stakeholders on a regular basis. The preliminary and final RIA envisage quantitative analysis of the impacts. Consultation helps assessing and quantifying any qualitative impacts and information gaps. Public consultations be also helps verifying and validating the assessment of impacts as well as find out the impacts that are not known or unclear. Draft Manual on Impact Assessment The draft Manual on Impact assessment was developed early in September 2008, as a response to the Policy and External Aid Coordination Directorate request that has actively promoted the reform in the decision making process. The first draft of the Manual was prepared by international consultants (PAI, The manual is comprised of four parts. Besides the ex ante impact assessment it also addresses the guidelines for monitoring the implementation of policies and projects and ex post impact assessment to evaluate the effects of policies. As far as the ex ante impact assessment part of the draft Manual is concerned, the RIA Manual served as a basis for its first version, the assessment tools being broadened in order to be useful for application to a range of policy issues and for solutions that are not only regulatory in nature. However, unlike the RIA Manual it does not place an emphasis on cost/benefit analysis, but rather on question-answer technique that is more appropriate taking into consideration the current civil servants capacities. Moreover, unlike RIA Manual that introduced preliminary and final impact assessment stages this manual adopted the terms “basic” and “extended” impact assessment, thus not referring to them only as stages of policy analysis but also indicating the deepness of analysis and the differences in the analytical methods employed. Both the basic and extended impact assessments have the same content, but the detail is greater for the extended assessment. Even within basic impact assessments, there will be issues that require a greater amount of work and those that require less. Civil servants are encouraged to initially consider in day to day policy development the basic form of impact assessment and only after the policy capacity of Government will increase to broaden the use of extended IA.
Documents, linksImpact Assessment in Moldova - summary paper written by Ms. Onorica Banciu, Consultant on IA for the Government Office in Moldova. Regulatory Decision No. 1230, 24.10.2006, Hotarirea de Guvern cu privire la aprobarea Metodologiei de analiză a impactului de reglementare şi de monitorizare a eficienţei actului de reglementare (Government Decision regarding the approval of the methodology for regulatory impact analysis and monitoring of efficiency of regulatory acts), http://old.justice.md/lex/document_rom.php?id=13539A58:AF5049D9 Policy Decision No. 33, 11.01.2007, Hotarirea de Guvern cu privire la regulile de elaborare şi cerinţele unificate faţă de documentele de politici (Government Decision regarding the rules for elaboration and unified requirements regarding policy documents), http://old.justice.md/lex/document_rom.php?id=F804220A:63677C4E Law of the Republic of Moldova on Environmental Review and Environmental Impact Assessment No. 851 of May 29, 1996, Special thanks go to Ms. Onorica Banciu, Consultant on Impact Assessment for the Government Office in Moldova, member of the Network of IA Practitioners within UNDP's regional project on Policy Impact Assessment for her valuable input regarding compiling information for this page.
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Latest News in the Regional Project on Ex-ante Impact AssessmentJuly 2009 September 2008 PIA Mapping available in Serbian July 2008 Download (2mb) First regional training on PIA Introductory PIA training course in Serbia PIA Mapping available in Russian Mapping of Ex-ante PIA Tools and Experiences in Europe published Steering Committee meeting in Budapest Mapping of ex-ante Impact Assessment Experiences and Tools in Europe Introduction to Impact Assessment training for policy units in Moldova |
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