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Regulatory Bodies And Regulation: Some Problems Connected With Issuing Decrees For Law Implementation
Jasmina Džinić
orcid.org/0000-0003-3927-6875
; Pravni fakultet Sveučilišta u Zagreb
Sažetak
Deregulation efforts have been present within the New Public Management measures since the 1970s. The doctrine of good governance, particularly advocated by the European Union, takes into account bad experience with deregulation effects and prefers better regulation, or smart regulation. Smart is the regulation that is appropriate to the situation and sufficiently economical in implementation. The European Union and the OECD are trying to set the standards for the improvement of law drafting. Slovenia has been making efforts with regard to regulatory reform and improvement of regulatory practice for a number of years. An empirical and legal research conducted in Croatia has shown that the Government either has a high percentage of backlog with regard to issuing
decrees for implementation of laws and other regulations or that such decrees are not issued at all. The author has analysed the necessity, the mechanisms, and the framework of the Governments’ accountability regime for such a situation. One of the possible explanations for such practices is that there is a hidden deregulation
policy, since the Government itself proposes the enactment of certain
laws, as well as their content. Thus it defines, be it ever so indirectly, regulatory obligations to itself. The paper emphasises the need for further research so that the reasons for unconscientious regulatory behaviour of the Government could be established. Other reasons are possible, for example, the impossibility of a clear demarcation of legislative matter and the matter delegated to different regulatory
bodies. Instead of one-sided calls for deregulation, it is more appropriate to look for new regulatory mechanisms.
Ključne riječi
egulatory bodies – Croatia; regulation; deregulation; re-regulation; regulatory agencies; legislation; law drafting; decree for law implementation; secondary legislation
Hrčak ID:
131903
URI
Datum izdavanja:
8.9.2011.
Posjeta: 2.292 *