Implementing%20good%20regulation%20principles

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Implementing good regulation principles

• Phongthep Thepkanjana
• Minister
• Ministry of Justice
• Thailand

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1997 Constitution

• Underlying principles
• Transparency
• Accountability
• Public Participation
• Mandate on good regulation principles
• The State must repeal and refrain from issuing
  any law or business regulation that is not in
  accordance with the economic necessity.
• Key institutions to ensure adherence to the
  Constitution
• Constitutional Court
• Economic and Social Advisory Council

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Ongoing Regulatory Reform

• Legislative Reform
• 45 Parliamentary Acts are earmarked for repeal
• More law will either be repealed or amended
• Administrative Reform
• Regulatory agencies are being streamlined
• Administrative independence is being safeguarded
• Judicial Reform
• Administrative Court was set up for judicial
  review of administrative actions
• All Courts were made independent of the
  Administrative Branch

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Regulatory Co-ordination and Management

• The Independent Regulatory Framework Subcommittee
• under the State Enterprise Policy Committee is
  responsible to ensure that all new independent
  regulatory agencies are established under the
  same framework.
• Juridical Council / Conseil dEtat
• reviews all draft bills prior to its deliberation
  by the Parliament and all draft decrees and
  ministerial ordinances prior to their
  promulgation.
• Administrative Procedure Committee
• has a responsible to monitor the performance of
  all administrative duties, including regulatory
  duties, and issue a report on the matter to the
  Cabinet at least annually.

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Regulatory Co-ordination and Management

• Regulatory Capacity Building Project
• under the auspices of the Independent Regulatory
  Framework Subcommittee and the supervision of the
  Ministry of Finance was initiated with an aim to
  promote regulatory research and training.
• Regulatory Capacity Building Centre
• a public benefit private organisation has
  recently been set up to, inter alia, undertake to
  the above Project.

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Past Problems and New Tactics

• Despite the rather comprehensive institutional
  reform mentioned above, regulatory quality
  improvement has been very limited due to
• Competing political priority
• Bureaucratic inertia
• Abstractness of reform being proposed
• Reform efforts now centring around concrete
  date-certain privatisation programme

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Future Challenges

• Need to strengthen due regulatory process
• Need to strengthen regulatory practice capability
• Price / competition regulation
• Dispute resolution
• Need to strengthen regulatory review capability
• Public consultation
• Regulatory impact assessment