Citizen Engagement Legislation (GE0073)

Commitment 8: Development of legislative acts based on citizen engagement and data analysis

Within the framework of the OGP Action Plan of Georgia for 2016-2017, the administration of the GoG, in cooperation with the MoJ, initiated the development of a Unified Regulatory Impact Assessment and Monitoring System (RIA).

The system serves the establishment of an evidence-based decision making process and implies the making of a situational analysis on the basis of ex-ante assessment. The ex-ante assessment makes it possible to identify specific problems and develop and plan legislative acts adapted thereto.

The government’s purpose is to make the preparation of the RIA report mandatory under the current plan. It is of importance that a consultation with both the relevant experts and wide public is an integral part of ex-ante assessment. In this way the government constantly ensures citizen participation in the drafting of laws or strategic documents and, accordingly, the making of decisions adapted to their needs.

Commitment 8: Development of a monitoring and analysis system for legislative acts
Lead Agency Administration of the Government of Georgia, MoJ of Georgia
Other Involved Actors Public Agency Parliament of Georgia
Civil Society /Private Sector
Issues to be Addressed Today, the government structures do no use the situational analysis method while developing legislative initiatives. This ensures correct definition of the problem and respective goals/tasks, which will, in the end, facilitate a reliable calculation of expected impacts (economic, social, etc.) of a specific legislative amendment.
Main Objective Identification, assessment and effective management of legislative initiatives based on a situational analysis.

OGP Principles Transparency Accountability Citizens Participation Technologies and Innovations
   
Milestones to Fulfill the Commitment New or ongoing commitment Start date: End date:
Drafting a law on regulatory assessment and monitoring of legislative acts. New September 2018 March 2019
Developing a unified framework and methodology for assessing and monitoring of legislative acts. New December 2018 December 2019

Indicator A draft law on regulatory assessment and monitoring of legislative acts as has been submitted to the GoG for consideration;
The unified RIA framework and methodology has been developed.

Commitment 8: Development of Legislative Acts Based on Citizen Engagement and Data Analysis

Language of the commitment as it appears in the action plan:

“Within the framework of the OGP Action Plan of Georgia for 2016-2017, the administration of the GoG, in cooperation with the MoJ, initiated the development of a Unified Regulatory Impact Assessment and Monitoring System (RIA).

The system serves the establishment of an evidence-based decision-making process and implies the making of a situational analysis on the basis of ex-ante assessment. The ex-ante assessment makes it possible to identify specific problems and develop and plan legislative acts adapted thereto.

The government’s purpose is to make the preparation of the RIA report mandatory under the current plan. It is of importance that a consultation with both the relevant experts and wide public is an integral part of ex-ante assessment. In this way the government constantly ensures citizen participation in the drafting of laws or strategic documents and, accordingly, the making of decisions adapted to their needs”

Milestones: 

1. Drafting a law on regulatory assessment and monitoring of legislative acts
2. Developing a unified framework and methodology for assessing and monitoring of legislative acts.

Start Date: September 2018

End Date: December 2019

Editorial note: For the full text of this commitment, please see https://www.opengovpartnership.org/documents/georgia-action-plan-2018-2019/.

Context and Objectives

This commitment builds on Commitment 8 from Georgia’s third action plan (2016–2017). [45] That commitment aimed to develop a unified system for monitoring government policy documents and legislative acts on the basis of ex ante and ex post assessments. However, when the IRM End-of-Term Report was written, this monitoring system had not been launched. [46] With the current commitment, the government plans to incorporate the Unified Regulatory Impact Assessment and Monitoring System (RIA) into the lawmaking process as a mandatory assessment tool for certain types of bills. These bills will be defined in the Law of Georgia on Normative Acts. Incorporating the RIA into law- and policy-making processes is an effort tied to the European Union–Georgia Association Agreement. [47] That agreement outlines the introduction of a regulatory and supervisory framework in accordance with internationally agreed-to regulatory standards. [48] 

The utilization of RIA could increase transparency through the entire lawmaking process. In addition, access to published impact assessment reports could provide an opportunity for citizens to gain information on possible outcomes of prospective regulations. This access could also encourage participation, as the process entails consultation with stakeholders. Therefore, the commitment is relevant to the OGP values of access to information and civic participation. This commitment provides verifiable deliverables, such as 1) a law on regulatory assessment and the monitoring of legislative acts and 2) a unified framework and methodology for assessing and monitoring legislative acts.

If fully implemented, this commitment could establish a new tool (RIA) in the lawmaking process, which would lead to better and more transparent policy making. The RIA will contribute to higher-quality design in policy making, [49] and it will result in well-reasoned and more transparent policy solutions and bills. [50] Therefore, the potential impact is considered moderate.

Next steps

Given the importance of having the Unified Regulatory Impact Assessment and Monitoring System (RIA), the IRM researcher recommends carrying this commitment forward to the next action plan, with the following modifications: 

• Ensure an optimum range of legislative acts is defined as subject to the RIA. Acknowledging its benefits for shifting policy makers’ attitudes from procedure-oriented to a more result-oriented mind-set. Establishing the RIA as a major tool for policy planning and assessment nationwide might have a significant impact.
• Develop an impact assessment report dissemination and communication strategy and include it in the overall RIA methodology. This will aid in proper communication of RIA goals and assessment results to stakeholders and citizens.
• Stakeholders recommend the building of relevant capacities and resources in the municipalities, to incorporate the RIA at the local level and raise overall policy-making quality in the municipalities.
• AoG could develop guidelines and specific tools for public consultations for different types of policies and decisions at the national and local levels. This will strengthen the stakeholder engagement component of RIA.

[45] Open Government Partnership, “Georgia National Action Plan 2018–2019,” https://bit.ly/2XLXiju.

[46] Open Government Partnership, IRM: Georgia End-of-Term Report 2016–2018,https://bit.ly/2XN8Oix.

[47]Association Agenda between the European Union and Georgia, 2017–2020, https://bit.ly/2u5v0DP.

[48] European Commission, Association Implementation Report on Georgia, 2017, https://bit.ly/2J3lVkOf.

[49] Mariam Gorgadze, Deputy Chief of Party and Mikheil Darchiashvili, Governance Manager at USAID Georgia Good Governance Initiative, interview with the IRM researcher, 14 May 2019.

[50] Giorgi Meladze, Director of Constitutional Research Center and Associate Professor in the Law School at Ilia State University, interview with the IRM researcher, 8 June 2019.

8. Develop legislative acts based on citizen engagement and data analysis

Theme II: Increasing Public Integrity

Complete

In June 2019, parliament approved legislative amendments that require the use of the Unified Regulatory Impact Assessment and Monitoring System (RIA) for certain types of bills defined in the Law of Georgia on Normative Acts. [43] Specifically, the mandatory use of RIA is limited to bills that are either government initiatives and/or activities that are part of government legislative plans.

The Government of Georgia (GoG) also approved an RIA methodology (developed with support from USAID GGI) that defines the major RIA principles, steps, and minimum requirements, and lists of laws that require mandatory RIA in case of amendments. [44]