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Improving Regulatory Governance

Trends, Practices and the Way Forward

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Regulations help governments support economic growth, social welfare and environmental protection. The challenge is to design clear, coherent, and efficient regulations and to effectively implement them. This report presents cutting-edge thinking in how to facilitate good regulatory design and implementation. Jointly developed by the OECD and the Korea Development Institute, the report builds on a series of expert papers that analyse the experience of Korea and other OECD members in designing and implementing regulatory oversight, stakeholder engagement, regulatory impact assessment and ex post evaluation. It identifies forthcoming challenges, possible solutions and areas for further analysis that can help governments in OECD member and partner countries improve their regulatory systems.

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Improving regulatory governance through stakeholder engagement

The principles underpinning stakeholder engagement and the efforts made by countries to enhance participatory decision-making are undisputed. This chapter therefore provides some considerations on the trends and lessons in engaging with stakeholders. It focuses on how modern government requires decisions to be based on the best available evidence. This allows governments to effectively identify potential risks, protect citizens, use resources wisely, and foster prosperity. To that end, it is necessary to differentiate between public consultation and the process of procuring (scientific) expertise in order to ensure transparency, predictability and proportionality in decision-making and eventually reduce the risk of regulatory failures. This chapter also addresses the need to carefully understand potential self-selection biases in upstream engagements and co-production arrangements, acknowledging that these modes of public interaction are typically very context-driven and must be tailored to the specific cultural, policy and administrative conditions at hand. Ensuring meaningfully broad and transparent consultations under procedural scrutiny appears a means to reduce capture. In this respect, broad stakeholder engagement has important intrinsic values, despite the challenges related to its effective implementation.

English

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