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Regulatory Policy in Colombia

Going beyond Administrative Simplification

image of Regulatory Policy in Colombia

Prudent macroeconomic management and recent structural reforms have helped Colombia weather the recent financial crisis remarkably well.  The Government of Colombia has placed particular emphasis on simplifying formalities affecting business and citizens.  In addition, a number of initiatives have been launched to make the administration more transparent and accountable vis-à-vis citizens.

However, after several years in place, this approach needs to be re-shaped , in order to go deeper into the legal background of regulations.  Colombia still lacks a whole-of-government policy for regulatory quality and needs to rethink the institutional set up to implement different regulatory tools in a coherent manner.  It also requires the adoption of a systemic approach to challenge the reasons for and the logic behind formalities (trámites) and, most importantly, regulations.  Furthermore, as in many other countries, the development and application of a comprehensive regulatory governance approach for sub-national governments and multi-level co-ordination are pending issues.

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Compliance, enforcement and appeals in Colombia

This chapter discusses the approaches applied by the Government of Colombia to advance regulatory enforcement and compliance, particularly the role played by Superintendencias. This analysis includes a description of the extent to which risk-based approaches are applied to focus control and inspection activities. It also explains the alternatives citizens have to appeal regulatory decisions and the roles of institutions such as the Constitutional Court and the State Council. Finally, the chapter provides recommendations to improve judicial review processes.

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