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answer before purposing a new law or amending a current one. OECD believes that the ten
questions in the Checklist are not too complicated and suitable to be implemented in both
developed and developing countries that aim to include RIA into the law-making process. In
2017, OECD has accomplished its major goal when RIA has been adopted by all the 37 OECD
members and it would not be an overstatement to claim that the global success of RIA
implementation.
From a survey of RIA performance in various courtiers, despite being constrained by
each objectives and other conditions, most countries tend to share six common steps to
conduct an RIA; (1) identifying problems, (2) identifying objectives, (3) surveying policy
options, (4) assessing each policy option, (5) comparing policy options, and (6) ex-post
assessment of the RIA result and process.
All in all, regulatory necessity assessment and Regulatory impact appraisal are vital
tools for advancing quality of law because both tools require the government agency to
(4) Is there a legal basis for regulation? Regulatory processes should be structured so that all regulatory
decisions rigorously respect the “rule of law”;that is, responsibility should be explicit for ensuring that all
regulations are authorised by higher-level regulations and consistent with treaty obligations, and comply
with relevant legal principles such as certainty, proportionality andapplicable procedural requirements.
(5) What is the appropriate level (or levels) of government for this action? Regulators should choose the
most appropriate level of government to take action, or if multiple levels are involved, should design
effective systems of co-ordination between levels of government.
(6) Do the benefits of regulation justify the costs? Regulators should estimate the total expected costs
and benefits of each regulatory proposal and of feasible alternatives, and should make the estimates
available in accessible format to decision-makers. The costs of
government action should be justified by its benefits before action is taken.
(7) Is the distribution of effects across society transparent? To the extent that distributive and equity
values are affected by government intervention, regulators should make transparent the distribution of
regulatory costs and benefits across social groups.
(8) Is the regulation clear, consistent, comprehensible and accessible to users? Regulators should assess
whether rules will be understood by likely users, and to that end should take steps to ensure that the
text and structure of rules are as clear as possible.
(9) Have all interested parties had the opportunity to present their views? Regulations should be
developed in an open and transparent fashion, with appropriate procedures for effective and timely input
from interested parties such as affected businesses and trade unions, other interest groups, or other
levels of government.
(10) How will compliance be achieved? Regulators should assess the incentives and institutions through
which through which the regulation will take effect, and should design responsive implementation
strategies that make the best use of them.