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Evaluating Laws and Regulations

The Case of the Chilean Chamber of Deputies

image of Evaluating Laws and Regulations

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.

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Ex post Evaluation in Chile

This chapter evaluates the current system and process of ex post evaluation of laws in Chile. It starts by describing the structure of the Chilean government, the Chamber of Deputies, and the relationships between the different branches of government for law-making purposes. It also examines the attributions of both the executive branch and the Chamber of Deputies to conduct law evaluation. Furthermore, it looks at the methodologies used by the Law Evaluation Department of the Chilean Chamber of Deputies to assess the effects and impacts of laws, the role given to citizens’ perceptions and the main achievements, particularly the evaluation of Law 20.413, which establishes the principle of universal donor for organ transplants. The fact that the evaluation demonstrates that this law is not meeting its objectives should become an argument to strengthen evaluation processes and the institutional design of the Law Evaluation Department. Finally, this chapter makes recommendations to improve ex post law evaluation in Chile. These recommendations deal with institutional, methodological, and governance issues.

English Spanish

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