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Better Regulation in Europe: Germany 2010

image of Better Regulation in Europe: Germany 2010

This report maps and analyses the core issues which together make up effective regulatory management for Germany, laying down a framework of what should be driving regulatory policy and reform in the future. Issues examined include: strategy and policies for improving regulatory management; institutional capacities for effective regulation and the broader policy making context; transparency and processes for effective public consultation and communication; processes for the development of new regulations, including impact assessment and for the management of the regulatory stock, including administrative burdens; compliance rates, enforcement policy and appeal processes; and the multilevel dimension: interface between different levels of government and interface between national processes and those of the EU. This book is part of a project examining better regulation, being carried out in partnership with the European Commission.

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Annex B

Regulatory agencies

“Superior federal Authorities” (SFAs) are independent higher federal authorities responsible to the ministry dealing with a given policy area (Bundesoberbehörde im Geschäftsbereich eines Bundesministeriums). There is no single legislative framework for the establishment of such authorities. SFAs have been established ad hoc as the need arises, by law or ordinance, to cover specific sectors or issues. Their mandate, powers and functioning are tailored to the sector or issues which they cover. Their structure generally corresponds to the structure of the ministries. There is an agency head, supported by directorates-general and divisions. SFAs are funded largely by the federal budget. Income through fees is secondary. They form part of their parent ministry’s budget system. An exception is the BaFin, whose funding consists exclusively of fees, reimbursements, and contributions from the institutions and undertakings it supervises.

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