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Implementing%20good%20regulation%20principles

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Title: Implementing%20good%20regulation%20principles


1
Implementing good regulation principles
  • Phongthep Thepkanjana
  • Minister
  • Ministry of Justice
  • Thailand

2
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

3
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  • More law will either be repealed or amended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

4
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.

5
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.

6
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

7
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
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