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Reforming Business Inspections

Reforming Business Inspections. Egle Mackuviene Adviser to the Minister of Justice of Lithuania. EXPERT BASIS FOR THE BUSINESS INSPECTIONS REFORM (STUDIES, RESEARCHES). “Protection of Property Right and State Policy on Economic Sanctions”, 2003

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Reforming Business Inspections

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  1. Reforming Business Inspections Egle Mackuviene Adviser to the Minister of Justice of Lithuania

  2. EXPERT BASIS FOR THE BUSINESS INSPECTIONS REFORM (STUDIES, RESEARCHES) • “Protection of Property Right and State Policy on Economic Sanctions”, 2003 • “Administrative Burdens on Businesses. Possibilities for Business Regulation Simplification”, 2006 • „Monitoring of Economic Sanctions’ System”, 2006 • “Business Environment and Its Improvement in Lithuania”, 2007 • “Opportunities to Simplify Information Obligations that Cause Administrative Burden for Businesses, in the Context of Better Regulation”, 2009 • etc.

  3. EXPERT BASIS FOR THE BUSINESS INSPECTIONS REFORM (Hampton’s principles) • Regulators, and the regulatory system as a whole, should use comprehensive risk assessment to concentrate resources on the areas that need them most. • Regulators should be accountable for the efficiency and effectiveness of their activities, while remaining independent in the decisions they take. • No inspection should take place without a reason. • Businesses should not have to give unnecessary information, nor give the same piece of information twice. • The few businesses that persistently break regulations should be identified quickly and face proportionate and meaningful sanctions. • Regulators should provide authoritative, accessible advice easily and cheaply. • Regulators should be of the right size and scope, and no new regulator should be created where an existing one can do the work. • Regulators should recognize that a key element of their activity will be to allow, or even encourage, economic progress and only to intervene when there is a clear case for protection.

  4. POLITICAL AND LEGAL BACKGROUNDFOR BUSINESS INSPECTIONS REFORM (1) • Programme of the Government of the Republic of Lithuania • approved by Resolution of Parliament of Lithuania, December 9, 2008 • Conception on Basic Provisions for the Activity of Business Supervising Subjects • Government Resolution, July 22, 2009 • Law on Public Administration • new chapter on Supervision of Activities of Economic Entities, amendments enacted by Parliament of Lithuania, 22 June 2010

  5. POLITICAL AND LEGAL BACKGROUNDFOR BUSINESS INSPECTIONS REFORM (2) • Guideline On Optimization of Supervision (Inspection) Functions Performed by Institutions • Decision of Cabinet (Government) Meeting, January 18, 2010 • Resolution On Optimization of Supervision Functions Performed by Institutions • Government Resolution, May 4, 2010 GUIDELINES INSTITUTIONS’ LIST

  6. BASIC PRINCIPLES OF SUPERVISION OF ACTIVITIES OF ECONOMIC ENTITIES 1) A burden of minimum and proportional supervision • This principle shall mean that supervision-related actions of supervising entities must be proportional and adequate in order to achieve a pursued goal, proportionate to the size and administrative capacity of economic entities and carried out seeking to make the smallest possible hindrance to activities of economic entities LAW ON PUBLIC ADMINISTRATION

  7. BASIC PRINCIPLES OF SUPERVISION OF ACTIVITIES OF ECONOMIC ENTITIES 2) Non-discrimination • This principle shall mean that supervising entities cannot conduct the supervision of activities of economic entities which would discriminate economic entities on grounds of their form of ownership, citizenship, place of residence or the state in which an economic entity has been established, or on grounds of other objective characteristics of these entities, provided that other conditions influencing the degree of risk of activities of the economic entity are essentially the same LAW ON PUBLIC ADMINISTRATION

  8. BASIC PRINCIPLES OF SUPERVISION OF ACTIVITIES OF ECONOMIC ENTITIES 3) Planning • This principle shall mean that the supervision of activities of economic entities must be planned. The requirement for planning shall apply to theprovision of consultations on the issues of the competence of a supervising entity as well as carrying-out of preventive actions intended to preclude possible violations of legal acts; to theinspections of activities of economic entities; to the evaluation of information received in accordance with the procedure laid down by legal acts about activities of economic entities. Application of sanctions in respect of economic entities in accordance with the procedure laid down by laws and other legal acts adopted on the basis thereof, as well as indices of such activities (a number, extent, value of sanctions) cannot be the subject of planning LAW ON PUBLIC ADMINISTRATION

  9. BASIC PRINCIPLES OF SUPERVISION OF ACTIVITIES OF ECONOMIC ENTITIES 4) Publicity • This principle shall mean that information about the principles, procedures and results of execution of the supervision of activities of economic entities, disclosed in a summarized form, shall be available to the public. • This principle shall not apply if the disclosure of information hinders the achievement of goalto ensure the adequate compliance with legal acts and decrease a number of possible violations or other requirements of confidentiality set in other legal acts may be violated LAW ON PUBLIC ADMINISTRATION

  10. BASIC PRINCIPLES OF SUPERVISION OF ACTIVITIES OF ECONOMIC ENTITIES 5) Provision of methodological assistance • This principle shall mean that supervising entities cooperate with economic entities, provide consultations to economic entities on the issues of the competence of a supervising entity, implement other preventive measures which help economic entities to meet the requirements of legal acts, and apply sanctions as an ultima ration measure. • This principle shall not apply during inspections of activities of economic entities, if its application hinders the achievement of the goals of supervision of activities of economic entities related to the supervision of compliance with the requirements of legal acts as well as hinders the compliance with the requirements set for appropriate supervision and embedded in special laws regulating the supervision and legal acts implementing them, legal acts of the European Union or international agreements of the Republic of Lithuania LAW ON PUBLIC ADMINISTRATION

  11. BASIC PRINCIPLES OF SUPERVISION OF ACTIVITIES OF ECONOMIC ENTITIES 6) Functionalseparation • This principle shall mean that theinspections of activities of economic entitiesandapplication of sanctions in respect of economic entities in accordance with the procedure laid down by laws and other legal acts adopted on the basis thereofare carried out by different officials of a supervising entity or units of a supervising entity, or that the abovementioned functions are assigned to different entities of public administration. • This principle shall not apply if other laws and legal acts regulating the supervision assign the functions of inspection and application of sanctions to a single official (unit). LAW ON PUBLIC ADMINISTRATION

  12. REFORM IMPLEMENTATION • Instruction on Lawmaking • “2 dates for adoption and entry into force of legal acts” amendment, Government Resolution, October 6, 2010 JAN 1 FEB MAR APR 1 MAY JUN JUL 1 AUG SEPT OCT 1 NOV DEC • Exceptions: • EU, International Law • Implementation of national Laws • Changes in favor for businesses

  13. REFORM IMPLEMENTATION • Instructions for Evaluation of Civil Servants’ Activities and Criteria for Evaluation • Special criteria for evaluation of civil servants, managers of institutions performing supervision of activities of economic entities, Government Resolution, December 29, 2010 Co-operation Consultations Risk assessment Planning Reduction of administrative burden Suggestions for Better Regulation

  14. REFORM IMPLEMENTATION • Recommendations from Minister of Justice and/or Minister of Economy: • On groups’ committees operating regulation, Ministers’ order, 21 June, 2010 • On consistency of legal acts with Law on Public Administration, Ministers’ order, 23 July, 2010 • On preparation and disclose of finite list of legal acts in specific supervision areas, Order of the Minister of Justice,10 November, 2010 • Decisions of Cabinet (Government) Meeting: • On implementation of Law on Public Administration • On improving of supervision (inspection) activities and progress of the inspections reform • On reducing the number of legal persons under inspectorates • On inspectorates' annual reports for 2010 and annual rates of activity for 2011 • etc.

  15. KEY INSPECTORATES Environmental Protection Departments Territorial Planning and Construction Inspectorate Taxes Inspectorate Public Health Service Food and Veterinary Service Non Food Products Inspectorate Fire and Rescue Department Labour Inspectorate Road Transport Inspectorate

  16. STUCTURAL CHANGES, January 2010

  17. STUCTURAL CHANGES, July 2010

  18. STUCTURAL CHANGES, April 2011

  19. STUCTURAL CHANGES, planned in 2011 Reforming Business Inspections: Lessons and Solutions from Lithuania, 24 May 2011, BAKU

  20. STUCTURAL CHANGES, planned in 2011-2012

  21. REASEARCHES, SOLUTIONS, ACTIONS IMPACT ASSESSMENT of the Inspections Reform LESSONS LEARNED, FURTHER STEPS

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