Για μια πληρέστερη ενσωμάτωση της έξυπνης νομοθεσίας στον ευρύτερο νομοθετικό κύκλο_Η ελληνική περίπτωση

Abstract

The aim of the present study is the quest and analysis of use of the smart regulation tools in all stages of the legislative cycle, putting emphasis on the Greek case. The legislative process, starting from the conception of the idea for legislative initiative to the adoption and implementation of it, presents specific characteristics and is regulated by various different principles among countries. However, in the centre of our study, lies the international occupation and practice, as it emerges from integrated policies for the simplification and improvement of the regulatory environment. The OECD recommendations and the EU’s policy about the enhancement of better regulation, move towards the same direction: their texts talk about the adaptation of the regulation to the current needs, for the benefit of businesses and citizens (saving time and reducing expenses). The final aim is to maintain the feeling of legal certainty, in an environment where business activity is boosted. Planning the regulatory project, in combination with coordinating and observing the governmental project in general, contributes to the quality improvement of the legislative proposals, renders more transparent the working methods and can constitute an example in the sector of best practices. Through the presentation of the stages of the wider legislative cycle, it is possible to evaluate the degree of adoption of smart regulation from the Greek legal system starting from law-making to its implementation and evaluation. The predictions of the law 4048/2012 are examined in a thorough table, emphasizing regulatory impact assessment, consultation and ex post evaluation when compared to the real data through studying the statutes of the Ministry of Administrative Reform and E-Governance for the years 2014-2015. Meanwhile, the nature of responsibilities of better regulation structures, in particular the Better Regulation Office and the Legislative Initiative Office, is examined. Through this study, some interesting conclusions about the implementation of better regulation in Greece are drawn and suggestions are made for its improvement, mainly concerning its coordination and the creation of an oversight body in all stages of the legislative cycle.