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Evaluating Laws and Regulations
The Case of the Chilean Chamber of Deputies
OECD Publishing , Publication date:  06 Jun 2012
Pages: 100 , Language: English
Version: Print (Paperback) + PDF
ISBN: 9789264176256 , OECD Code: 422012111P1
Price:   €29 | $40 | £26 | ¥3700 | MXN520 , Standard shipping included!
Availability: Available (Print on Demand)
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Other Versions:  E-book - PDF Format

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This report focuses on international practices of ex post evaluation, and particularly on the current efforts to conduct ex post evaluation of laws in Chile. It is divided in two main parts.

The first part of the report provides information and guidance, examples of practice and references on the subject of ex post evaluation in OECD countries, particularly in the Legislative area. It looks at the different definitions of, and motivations for, undertaking evaluation. There is no single template for undertaking ex post legislative evaluation. The objectives and methods to be used will depend on factors such as the nature of the law to be evaluated and the parliamentary and governmental context in which the evaluation takes place.

In the second part the report evaluates the current system and process of ex post evaluation of laws in Chile. It discusses the efforts made by the recently established Law Evaluation Department in the Chamber of Representatives, in the framework of the law making process of the country. It revises the current practices in both branches of government, executive and legislative,  to conduct ex post evaluation of laws and regulations, as well as the formal and informal mechanisms to prepare laws and regulations and their possible ex post review. The paper revises as well the current programme for law evaluation launched by the Chamber of Representatives and it analyses its main components, in particular methodological approaches and inclusion of citizens‘ perceptions as a tool to increase transparency.

The report concludes with an assessment of the main challenges that the law evaluation work is facing in Chile and makes some recommendations related to institutional, methodological and governance issues.

Table of contents:

Executive Summary
Chapter 1. International Practices on ex post Evaluation
-1.1. Ex post evaluation: Definitions and purpose
--What is understood by ex post evaluation?
--The cumulative effects of regulation
--The focus on improving the quality of regulation
1.2. Methodologies used to undertake ex post evaluation
--Devising a structure for ex post evaluation
--Evaluation: The main stages
-1.3. The relationship between ex ante and ex post evaluation
--Impact assessment and the policy cycle
--The link between ex ante regulatory impact analysis (RIA) and ex post evaluation
-1.4. Institutional design of parliamentary ex post evaluation units
--United Kingdom
-1.5. Various relevant stakeholders involved in ex post evaluation
--Using oversight mechanisms to enhance ex post legislative evaluation
--Techniques to strengthen the relationship between powers for ex post evaluation
--Involving the judicial system and the courts
--The role of the Ombudsman
--Independent research
--The role of Independent Reviewers
-1.6. Incorporating citizens’ perceptions into ex post law evaluation
--Improving public engagement across the whole system
--Ensuring accessibility
--Role of civil society
Chapter 2. Ex post Evaluation in Chile
-2.1. Law-making process in Chile: Branches of government and their interactions
--General structure of the Chilean Government
--Institutional design of the Chamber of Deputies
--Relationships between different branches of government in Chile for law-making purposes
-2.2. Formal and informal arrangements for ex post law evaluation in Chile
--Attributions for law evaluation assigned to the executive
--Attributions for law evaluation assigned to the Chamber of Deputies
--The role of Commissions within the Chamber of Deputies
-2.3. Current experiences with law evaluation in Chile
--Citizens’ perceptions
Chapter 3. Conclusion: Assessment and recommendations
-Assessment: Main challenges to establish an ex post evaluation system in Chile
Annex A. Ex post Regulatory Review and Evaluation at the Central Government Level
Annex B. The Institutional Set-up of the Congressional Budget Office
Annex C. Code of Good Regulatory Practice in New Zealand
Annex D. The Petrol Station Act (or Pump Act): Evaluation conducted by the Swedish Parliament
Annex E. Management Audit of the Federal Office for the Environment (FOEN), Summary Report by PCA, Switzerland

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