Ex-ante Policy Impact Assessment in Estonia

 

Legal background

 
The roots of the better regulation system in Estonia lay in the “The Rules for Draft Legislation in the Legislative Proceedings of Riigikogu”[1] Technical Rules for Drafts of Legislative Acts” from 1996, which requires an explanatory letter to be prepared for all regulatory proposals. According to these rules, the explanatory letter of the draft acts has to contain the possible social impacts, business impacts, environmental impacts, budgetary impacts, administrative impacts and references to the consultations and studies conducted. from 1993 and in the Government Order No 279 “O
 
So far the impact assessment requirements apply only for the new legislations.
 
At an early stage of the regulatory process, a law concept paper needs to be prepared by the drafting ministry, and has to be sent for approval to the Ministry of Justice. The law concept paper has to outline the background situation of the legislation; the purpose of the proposed regulation; the potential means to achieve the goals of the policy formulation; the scope of the regulation; the impacts of the proposed regulation; financing; and timeframe for the preparation of the draft legislation. After the Ministry of Justice approves the law concept paper and the draft law is prepared, it has to be accompanied by an explanatory letter. The explanatory letter should contain introduction to the subject, purpose of the draft law; content and comparative analysis of the draft; terminology of the draft; implementation plan and the expenses necessary for the implementation of the regulation.
 
In February 2005, a new act came into force that allows each minister and state secretary to provide additional recommendations regarding the methodology of regulatory impact assessment in their corresponding areas of competence.
 
 

Institutional background

 
Line ministries, i. e.: the Ministry of Justice, Ministry of Social Affairs, Ministry of Economy and the ministry of Environment are responsible for conducting impact assessments when drafting regulations. The Ministry of Justice plays a key role in legal quality control of the impact assessments, as it has the responsibility to approve concepts of draft laws.
 
The Ministry of Justice also coordinates the inter-ministerial review of draft laws. An electronic system administered by the Ministry of Justice allows comprehensive circulation of draft laws for comments. Experts from other ministries and non-governmental bodies may also be invited to participate in the drafting process. The system demonstrates high degree of flexibility.
 
An e-government tool to facilitate consultation, called Web ‘Talk along’, has also been developed, which permits the involvement of citizens in the formulation of policy and the drafting of legislation.
 
 

Relevant areas of IA

 
The explanatory letter of the draft acts has to contain the possible social impacts, business impacts, environmental impacts, budgetary impacts, administrative impacts and references to the consultations and studies conducted. Most positive tendencies with regard to the legal requirements have been shown in the area of budgetary impacts.
 

Related activities

 
Since 1995, number of expert seminars, conferences and training visits to other EU countries has been organized annually. Since 2005 impact assessment of policies and draft acts is one of the priorities in the civil service training programs.
 

Existing guidelines

 
Several translations of Impact Assessment guidelines are circulating in the public sector; however no Estonian comprehensive guidelines have been developed yet.
 

Documents, links

 
Content to be uploaded
 
 
 

[1] Riigikogu = Parliament of Estonia