Ex-ante Policy Impact Assessment in Slovenia

 

Legal background

 
The requirement to perform ex-ante impact assessment in policy making was introduced in the country in 2004 through the Act on Cooperation between the National Assembly and the Government in EU affairs. The act established the obligation to carry out the assessment of the impact of new regulations on the economy, public administration and environment. The legal framework of Impact Assessment was then formulated in Slovenia’s Development Strategy in June 2005 and in the Program for the Reduction of Administrative Burden. The same year, the Government adopted the Government Decisions on administrative burdens.
 
The Programme of Measures for Reduction of Administrative Burdens aims to reduce administrative barriers and ensure that public administration is friendly, effective, open and transparent. There is also commitment for the rapid development of e-government. All the ministries are preparing work plans for the 2007-2008 period to reduce administrative burdens.
 
All primary legislation must be accompanied by a covering letter which includes:
  • Data referring to identification and procedure for the consideration of the government document.
  • Government decision proposal. If amendments to an implementing regulation are proposed, the document shall include a proposal for the adoption of government decision on determining the consolidated text.
  • Assurance of the proposer that the impact assessment of proposed government decisions was carried out and that required inter-ministerial coordination and consultation with the representatives of civil society was held; the impact assessment shall be carried out in the area of public finance, compliance with the acquis, removal of administrative barriers, as well as in the area of public administration, judiciary, economy, environment and social situation of individuals. The proposer shall be accountable for the accuracy of the part of the assurance under their competence.
  • The explanation of proposed decisions, including the explanation of effects of the proposed measures and other data required for the quality decision-making of the government, which shall be set by the Government Secretary General.
  • All elements prescribed by the National Assembly of Slovenia Rules of Procedure if the draft is submitted to the National Assembly.
The Secretariat General issued an instruction including in Annex a form which is to be filled in by officials when drafting regulations and refers to all the elements of the explanatory report that needs to accompany a draft text according to the Rules of Procedure.
 
Environmental Impact Assessment standards are harmonized with the requirements of the European Union through the Environmental impact assessment and environmental protection consent under the Environmental Protection Act (ZVO-1) (Official Gazette of the Republic of Slovenia, No. 4 Impact assessments fall under the competency of the Environmental Agency of the Republic of Slovenia (ARSO) as a body within the Ministry of the Environment and Spatial Planning. Activities that require mandatory environmental impact assessment are listed by law and the ARSO is the key decision making body to accept the impact assessment. When an activity affecting the environment is likely to cause transborder impacts, the ARSO must ensure that, when issuing environmental protection consents, the domestic public, as well as EU Member States, other countries that are parties to the relevant convention and their publics, are involved in the environmental impact assessment procedure.
 

Institutional background

 
The Ministry of Public Administration is responsible for the agenda of regulatory impact assessment in the country. The ministry prepared the Methodology for Implementation and Supervising of Statement on Reduction of Administrative Burdens and Participation of Interested parties, so even if the key focus of impact assessment is on fiscal matters, the public participation component has already appeared. Generally there is wide awareness in the country about the importance of consultations in policy making. There is no central coordinating body regarding policy impact assessment, it is up to the line ministries to decide whether to carry out impact assessment or not; unless the national Assembly specifically asks for it.
 
An explanatory memoranda is compulsory to accompany all new regulations, however only impacts on the state budget and public finances are required to be demonstrated and in addition the list of consulted bodies and the summary of their opinions.
 

Relevant areas of IA

 
Focus is mainly on fiscal impact assessment.
Special focus on environmental impact assessment.
 

Related activities

 
Content to be uploaded
 

Existing guidelines

 
The ministry of Economy prepared guidelines for the preparation of the material for regulatory impact assessment. This guide serves as basis of the draft governmental act on impact assessment.
 

Documents, links

 
Content to be uploaded