What is Regulatory Impact Analysis (RIA)?
Regulatory Impact Analysis (RIA) is a leading
element of the better regulation and the most
comprehensive and successful governance tool
accepted on the international platform aiming at
systematically examining the possible benefits
and costs as well as the positive and negative
impacts of an existing or to be drafted
legislation.
Public institutions and agencies shall enforce
legislations affecting millions of people and
economically resulting in great sums. The
deficiency, insufficiency or inefficiency of the
rules, in other words its insufficiency for
problem solving, is understood during the
implementation and amendments are made. In order
to break this vicious circle and increase the
quality of the legislation, Regulatory Impact
Analysis, a policy determination tool consisting
of specific steps, was developed and started to
be utilized widely in OECD and EU countries as
of 1990s.
RIA is not a document to be written after the
preparation of the draft texts but a road map
required to be followed during the preparation
process of legislation. For this respect, it is
a dynamic decision making tool, which can also
be implemented for the existing regulations.
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RIA shows whether a legal norm (intervention) is
required for solving a problem and if so, the
options likely to be utilized for solving that
problem. It evaluates the options in terms of
social, economical and environmental impacts and
accordingly guides the decision makers. By this way,
both the damages which cannot be remedied later are
prevented and the public officials are guided
towards measuring and evaluating the possible
impacts of legislation via option creation and
various analytical tools.
As a natural result of the negotiative and
participative democracy understanding, the social
sections (stakeholders) to be affected by these
policies should be involved in this public policy
making process. RIA may meet this need via its
interactive, active and systematic consultation
process.
In an open, transparent, accountable, participative
public management understanding, the public
officials are required to be in a continuous contact
with the people and the civil society in their field
of duty and open to all kinds of social demands and
solution proposals. Adoption of this attitude and
behavioral pattern is a time consuming process. At
this point via RIA, the fact that the stakeholders
will have an active role in the process starting
with the problem definition until the preparation of
the legal text will both end up with a sound
regulation and increase the efficiency of the
implementation. |