Regulatory policy

Ex post evaluation of regulatory tools and institutions


There is growing attention being paid to evaluating the outcomes and assessing the performance of regulatory tools and institutions. This reflects three inter-related developments; first, policy makers involved in regulatory policies are being held accountable for the significant economic resources as well as the political capital invested in regulatory management systems now established in most OECD countries. Second, there is a growing interest in exploring how regulatory policies can be more evidence-based and supported by empirical findings. Third, the move toward ex post evaluation is part of the progressive development of regulatory policies, complementing the current dominant focus on ex ante evaluation, and aligning regulatory evaluation with the evaluation of other government policies and activities. The opportunities to conduct ex post evaluations of regulatory policies and to respond to their results with appropriate adjustments are substantially greater than in past years. The accumulation of policy learning in relation to these instruments provides opportunities to “benchmark” existing practices, both in terms of the content of particular tools and in terms of the quality of their practical implementation.


OECD Report: “Regulatory Performance: Ex post Evaluation of Regulatory Tools and Institutions” (2004) provides an overview of OECD Countries’ practices with ex post evaluation of regulatory tools and institutions and develops a conceptual framework for the range of potential evaluation tests. It proposes a draft checklist to guide government strategies to evaluate regulatory tools and institutions.
The report is partially based on the results of an OECD expert meeting on Ex Post Evaluation of Regulatory Policies on 22 September 2003 where these documents were presented.

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