Luxembourg
Overview and recent developments
While there have been no major reforms since 2018 regarding regulatory management tools, Luxembourg recently made a website available where citizens and business can share their ideas on how to improve public service and how to simplify existing administrative processes (www.vosidees.lu). Luxembourg also recently developed a website where citizens can make public petitions for changes on existing regulations (www.petitiounen.lu). Once a petition reaches 4 500 signatures, there is a live broadcasted public debate with the parliament and the competent minister to which the petitioner is invited. However, stakeholder engagement for developing both primary laws and subordinate regulations is limited to formal consultation with professional groups such as the Chamber of Commerce and the Chamber of civil servants and public employees. An important step for improving Luxembourg’s regulatory-making process would be to make stakeholder engagement open to the general public by facilitating avenues for the public to provide feedback on proposed regulatory drafts.
Even though ex post evaluations have been undertaken in Luxembourg, they remain an inconsistently applied regulatory management tool. Putting in place an evaluation framework, including a clear methodology, could help to ensure that regulations remain fit for purpose.
In Luxembourg, RIA is undertaken for all regulations in the form of a checklist mainly focussing on administrative burdens and enforcement. In order to enhance the usefulness of RIA, the analysis included in the impact assessments could be extended to other types of costs, impacts and benefits of regulations. While Luxembourg currently refers to the European Commission best practice instead of providing its own guidance material, the limited current focus of RIA in Luxembourg does not reflect EC standards. Luxembourg may consider creating bespoke guidance material to enhance domestic support for regulatory policy.
In 2018, the functions for regulatory oversight – particularly relating to assistance and quality control of stakeholder engagement, RIA, and ex post evaluations – were transferred from the Ministry of the Civil Service and Administrative Reform to the Ministry of Digitalisation. However, the Ministry only provides advice and guidance to other ministries and has no gatekeeper role. It is also responsible for a range of other oversight functions including the evaluation of regulatory policy, identifying areas where regulation can be made more effective, and co-ordination on regulatory policy.
Notes: The more regulatory practices as advocated in the OECD Recommendation on Regulatory Policy and Governance a country has implemented, the higher its iREG score. The indicators on stakeholder engagement and RIA for primary laws only cover those initiated by the executive (99% of all primary laws in Luxembourg).
Source: Indicators of Regulatory Policy and Governance Surveys 2017 and 2021, http://oe.cd/ireg.
Requirements and use of regulatory management tools for EU-made laws: Luxembourg | ||
|---|---|---|
The government facilitates the engagement of domestic stakeholders in the European Commission's consultation process ▲ | ||
Negotiation stage | Requirement for Member State to conduct stakeholder engagement | |
Use of European Commission's stakeholder engagement results ■ | ||
Requirement for Member State to conduct RIA | ||
Use of European Commission's impact assessment ■ | ||
Use of European Commission's ex post evaluation results | ||
Transposition stage | Requirement for Member State to conduct stakeholder engagement | |
Use of European Commission's stakeholder engagement results ■ | ||
Requirement for Member State to conduct RIA |
| |
Use of European Commission's impact assessment ■ | ||
Specific assessment of provisions added at national level beyond those in EU directive is conducted ■ | ||
Use of European Commission's ex post evaluation results | ||
Results of domestic ex post evaluations of EU directives/regulations shared with the European Commission ▲ | ||
Source: Indicators of Regulatory Policy and Governance (iREG) Survey 2021, http://oe.cd/ireg. | ||
For all EU directives/regulations/ ■ Always/ ▲ Yes
For major EU directives/regulations/ ■ Frequently
For some EU directives/regulations/ ■ Sometimes
Never/ ▲ No