Regulatory Oversight Bodies in Turkey

Transcription

1 Regulatory Oversight Bodies in Turkey Omer OZ Better Regulation Group The Prime Minister s Office of Turkey 31 May 2011

2 Central Regulatory Oversight Body The institution which is responsible for improvement the quality of legislation in Turkey is the Prime Minister s Office. The Prime Minister s Office performs these roles through two General Directorates: The General Directorate of Laws and Decrees The General Directorate of Legislation Development and Publication

3 The General Directorate of Laws and Decrees Scrutinizes primary legislative drafts (laws, decree laws, regulations, exc.) prepared by the Ministries and public agencies, Fulfills the duties of submitting the draft laws approved by the Cabinet to the Turkish Grand National Assembly (Parliament) and follows them until they become law, Determines the government opinion on bills and submits them to the Turkish Grand National Assembly.

4 General Directorate of Legislation Development and Publication Scrutinizes by-laws prepared by the ministries and public agencies, Collects and eliminates legal texts and identifies what is in force, Publishes current regulations as a single text by consolidating them, Sets up and manages the data processing system for all the regulations (Legislative Information System), Publishes the Official Gazette.

5 The Better Regulation Group has been established to ensure coordination among the related agencies and institutions and to act as an engine for improving the regulation making process. On account of its statutory duty and coordination power in the better regulation making process, the Better Regulation Group comprising of the Prime Ministry Central Organization units is planned to be expanded to include representatives of other related institutions as well in time.

6 Established under the Prime Ministry in November 2004 for the purposes of improving the quality of regulation in our country, providing guidance for the regulatory impact analysis work and increasing capacity in this area, Changes in Group s Structure: Better Regulation Working Group Better Regulation and Regulatory Impact Analysis Group Better Regulation Group.

7 Better Regulation Group (3) Structure Chairman: General Director of Laws and Decrees Vice Chairmen: The Deputy Directors of Laws and Decrees and Legislation Development and Publication Members: Experts of The Prime Minister s Office and the representatives of relevant units Sub-Groups: Legislation Techniques sub-group Legislation Stock Management and Administrative Simplification sub-group Regulatory Impact Analysis sub-group

8 Better Regulation Group (4) provides coordination between the ministries in the field of better regulation, prepares legislation strategy of Turkey, makes the RIAs widespread and make quality controls, contributes to effective management of legislation stock, defines the administrative burdens and work on reducing these burdens for the recovery of investment environment, works on encouraging the public and the relevant private sector representatives to participate in legislation preparation process, provides training activities for public institutions.

9 By-law on the procedures and principles of drafting legislation Drafts shall not be contrary to higher norms of law Judicial decisions shall be taken into account in the preparation of drafts All of the legislation on regulated areas shall be reviewed during the preparation of drafts, Articles of draft shall be concise and clear. The reasons for preparing the draft shall be clearly stated in the general justification.

10 Hierarchy of Turkish Legal System The Constitution, International Agreements which include human right provisions, Laws, International Agreements, Decree laws, Regulations, By-laws, Circulars.

11 Next steps in Regulatory Policy While ministries are responsible for drafting in their policy field, regulatory oversight bodies in Turkey are responsible for legal quality of these regulations. As coordination and scrutiny of legal drafts by the oversight bodies is ex ante, another duty of oversight bodies, ex post control, monitoring of implementation of legislations has been inadequate so far. Next steps related to regulatory policy will be improvement of monitoring system in Turkey.

12 Thanks