Better Regulation in Europe: Spain
The EU 15 Better Regulation project is a partnership between the OECD and the European Commission. It draws on the initiatives for Better Regulation promoted by both organisations over the last few years.
The OECD report, including recommendations on Better Regulation in Spain is available by clicking on each chapter heading below.
The Executive summary (pdf format) contains the OECD assessment and recommendations.
Chapter 1: Strategy and policies for Better Regulation
- Continue to build on the political commitment and initiatives to promote Better Regulation and why it is important for the recovery of the economy and social welfare.
- Review how the Better Regulation strategy is packaged to avoid the impression that it is only focussed on administrative burdens, as the current name implies.
- Continue with the central government leadership initiatives to stimulate a closer relationship and co-operation between central government and the Autonomous Communities, and ensure that the initiatives are monitored for their effectiveness.
Chapter 2: Institutional capacities for Better Regulation
- Strengthen the resources and capacities of the Presidency unit so that it can fully address its new responsibilities. A change of name for the unit should be considered.
- Consider how best to strengthen networks for sharing and overseeing Better Regulation processes, including whether the framework supporting administrative burden policy could be replicated.
- Continue the work to build up training for officials on Better Regulation processes. This should be a mandatory part of training for new and established officials.
- Review the role played by different actors external to the administration and consider whether this leaves any gaps.
- Encourage Parliament to take a closer interest in Better Regulation, for example by sending them individual impact assessments. Consider sending Parliament an annual progress report.
Chapter 3: Transparency through consultation and communication
- Establish guidelines for public consultation that flesh out benchmarks of good practice on issues such as timelines and the need for feedback. Use green and white papers to promote debate and encourage feedback at an early stage in the development of policy and law making.
- Consider further steps to enhance access to regulations, such as the establishment of a single portal covering both existing and new regulations, and common commencement dates.
Chapter 4: The development of new regulations
- Consider establishing a monitoring mechanism within the government on regulatory production.
- Establish and publish a clear annual forward planning timetable for new primary regulations as well as significant new secondary regulations.
- Consider a review to assess the current situation regarding legal quality, associating this with policies to strengthen legislative simplification, and involving the Justice ministry.
- Evaluate institutional capacities to support, monitor and challenge the quality of impact assessments and reinforce these. Ensure that line ministries have adequate support and guidance on the process. Aim to set a net target for the reduction of administrative burdens so that new regulations are assessed as well as the existing stock.
- Consider how to further promote the assessment of alternatives to traditional regulation, including a scrutiny of whether regulation is needed at all.
Chapter 5: The management and rationalisation of existing regulations
- Establish a clear and comprehensive policy to address the challenges of legislative simplification in order to support legal security and clarity.
- Review the practical arrangements for integrating the levels of government into the Action Plan.
- Consider setting the current target as a net target, to take into account burdens from new regulations.
- Establish a communication strategy so that businesses (and citizens) are fully informed of plans and developments.
- Monitor and evaluate the effectiveness of the institutional arrangements and of the co-operation agreements for delivering results that meet the needs of the business community.
- Consider whether a specific plan to improve the efficiency of regulations inside government would be helpful.
Chapter 6: Compliance, enforcement, appeals
- Consider whether to set up a system for monitoring compliance rates, starting with the records that may already be kept.
- Consider a review of enforcement policy, engaging all relevant actors and addressing the scope for evolving towards a more risk-based approach.
Chapter 7: The interface between member countries and the European Commission
- Consider a review of the framework for the management of EU regulations, from negotiation to transposition.
Chapter 8: The interface between subnational and national levels of government
- Encourage further multilevel co-operation, including the development of friendly competition, autonomous community “brains” being better than one (Belgium and Germany may offer some examples). This can build on the fora and ad hoc groups which are already underway as a means of by-passing the formalities of the constitution.
How to obtain this publication
Download the complete PDF e-book: Better Regulation in Europe: Spain
For further information, please contact Caroline Varley or Shayne MacLachlan