Effective Consultation for Better Regulation in France

1. Effective Consultation for Better Regulation in France Charles-Henri Montin Head of (interministerial) B.R. Unit Ministry of Finance, France HLC on Public Health, Vienna 13 March 2006

2. Outline of the presentation • Definitions and components • BR at EU level • Consultation at the European level • BR Structures in France • Consultation in France • Comitology • Recent improvements in France

3. A definition of regulation « The array of instruments by which public authorities impose obligations on business and citizens, directly or by delegation to non –governmental organizations or bodies empowered to self-regulate  ». Terminology distinguishes between economic, social and administrative regulations (OECE, 1997 report).

4. Why improve regulatory quality? Bad regulation can lead to: • Inefficiency: too many norms blunt the tool: loss of consistency; increased risk of litigation; • Loss of credibility of public authorities within society • Economic cost in terms of loss of international competitivity (Lisbon Agenda) • Democratic deficit. In France, the Constitutional Court has recognised the urgency of simplification (2002) and the requirement for norms to be easily understandable (2006).

5. The components of regulatory quality Summary of the Mandelkern report, 2001 (the 3 A’s) • An appropriate regulation • Check alternatives to regulation • Permanent search for simplification • An accepted regulation • An early consultation of stakeholders • A good access to regulation • An applied regulation • Assess effects ex ante and ex post • Monitor implementation closely

6. Key concepts • An explicit BR policy document • Alternatives to regulation • RIA • Consultation • Simplification • Access to regulation • Structures • Implementation • Indicators of regulatory quality

7. OECD Guidance • Basic text: the 7 recommandations of 1997 • BR is increasingly linked to openness of markets and competition, hence a new drafting ot the principles for regulatory performance (March 2005). • Eliminate excess regulation • Create an environment which is favorable to competition and growth, promote a culture of competitivity, suppress obstacles to openness of markets, manage the regulations (by simplification, evalutation, implementation)

8. BR in the European Union • White Paper 2001 on European Governance, Commission action plan, Mandelkern report • Simplify and improve the regulatory environment. • Promote a culture of dialogue and participation. • Systematic impact assessments by the Commission. • Interinstitutional Agreement « Better Regulation » 23 Sept 2003 (overall strategy to improve quality of regs). • Competitivity Council 17-18 May 2004 : simplify existing regulations and improve quality of future regulations (improvement of RIA, quantification of admin burden).

9. Communication « Better Regulation » 21 March 2005 • 1/ Improvement of impact assessment. • 2/ Simplification of EU legislation. • 3. Improvement of national legislation. • 4/ High level group of national experts (Nov. 2005)

10. France’s official position on BR (summary) • France supports the principle of BR both at EU and national level but BR is not de-regulation • The BR initiative must not question the past and future harmonisation process, nor introduce further complexity into existing procedures, or lead to increased admin burden; • RIA’s must become an aid to decision making and not only a means to justify a proposal; the requirement for an RIA must not limit the Council’s right to amend Commission proposals. No final policy to be set before experimentations have been fully analysed • AB measurement must improve the cost benefit analysis of new proposals and not only identify the potential cost of regulations

11. Consultation at European Union level • December 2002, Commission communication (COM(2002)704 sets rules and minimum standards for effective consultation: • clarity and purpose of consultations • definition of target groups • appropriate publicity and single access point (portal) on internet • timing • feedback to be provided to consultees • At the EU level, a new culture and practice of consultation has developped. • It can be viewed as an example for national practice • Edinburgh BR conference 22-23 Sept. 2005 boosts consultation

12. BR in France (principles) • A long history of central government and authority, from the kings to the 5th republic • Dirigisme in the economy, then the Central Planning 1947 to 2005 • Specific administrative law and tribunals. Legal tradition in the civil service. Importance of control bodies. • Support for a specific civil service • A top down approach to consultation of affected parties (appointment of committees of experts or representatives) • Deconcentration and decentralization • The delegation to agencies

13. BR in France (structures) Who does what ? • The Secretary General of the Government • The ministry of reform of the State • The network of Senior Officials in charge of BR • The 2003 circulars • A BR Charter in each ministry • BUT • No overall consultation policy document • No RIA

14. BR in France (practical overview) • A long term full-scale simplification of law prograrmme • Codification • Very good access : see Legifrance • Measurement of AB : 500 procedures to be measured in 2006 • Census of commissions and information obligations • Full scale dematerialisation of procedures • Simplification of official forms and administrative language

15. Consultation in France (background) • A long standing tradition of structured consultation, in the form of official consultative committees, mandated / empowered by law to advise • A rich structure of « intermediate bodies », with the Conseil Economique et Social at the top; regional CES, etc • Very potent social dialogue • 1 million associations • 365 cheeses • How effective is that system ?

16. Comitology • 1000 national commissions in toto • A graded system with three types of effects of the consultation: • Optional advice: the administration is free to consult; no obligation to follow advice • Compulsory advice • Binding advice • 300 local commissions, which can be created in each département, with the same grading system. • A small number of common operating rules dating back to 1982, under review

17. Advantages and drawbacks of statutory consultation • Advantages • Clear cut separation between consultation and decision • Well devised and structured process • Covers all sectors • Drawbacks • Lack of flexibility to adjust to new subject matter • Response time • Costs associated with multiple meetings • Predefined consultees, under risk of consultation fatigue

18. Towards more effective consultation (general) • 1. Devolution of decisions to Agencies, with a more flexible approach to consultation • 2. Alternative instruments: publish norms instead of consult commissions, direct consultation of the public or interest groups via internet • 3. Rationalization of commissions

19. Rationalization of commissions An initiative is under way to enhance consultation without losing the benefits of the statutory approach • Rationalize and redeploy, with a target of – 30% • Suppressions (115 + 129) and amalgamations already achieved • All existing commissions to become extinct within 3 years unless expressly renewed; • Creation by law or décret only, within new typology • More efficient operation • Time-limited mandates (5 years max.) • Compulsory impact study to justify creation • Increased efficiency: quorum, videoconference, electronic convening

20. Consultation in the Health sector • A rich classic (statutory) consultative process: 131 national commissions covering all aspects of health. Examples: • Haut Conseil de la Santé Publique • Conseil Supérieur d’Hygiène Publique de France • Academie de Médecine • Delegation to 9 national agencies with a more flexible operating mode for consultation. Examples: • Agence de bio-médecine, Haute Autorité de la Santé • Recent development of ad-hoc consultation on EU Gr. P.: • Promoting healthy diets and physical activity” • “Promoting the mental health of the population »

21. New consultation in the Health sector • The rationalization under way: • At the national level, half the commissions are to be suppressed or amalgamated. Examples: commission nationale des études de santé, acupuncture committee, etc. • New-style deconcentrated consultation: • La conférence régionale de santé (2005): 115 members instead of 200, in 6 colleges, sets general objectives for public health and reviews MT investment plans. • Commission départementale des risques sanitaires

22. Some lessons learnt • There is still a great potential in the statutory consultation method, which is our national speciality, provided it can evolve towards less formality and more flexibility; this requires a change of culture • It must incorporate new IT means of communication to reach the real stakeholders, which may not be easily identified by the administration • The consultees must regroup and get professional, make suggestions, be proactive, and not just criticize Government projects.

23. Thank you for your attention ! Any questions ?