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Implementing good regulation principles

Implementing good regulation principles. Phongthep Thepkanjana Minister Ministry of Justice Thailand. 1997 Constitution. Underlying principles Transparency Accountability Public Participation Mandate on good regulation principles

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Implementing good regulation principles

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  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Regulatory Reform • Legislative Reform • 45 Parliamentary Acts are earmarked for repeal • More law will either be repealed or amended • Administrative Reform • Regulatory agencies are being streamlined • Administrative independence is being safeguarded • Judicial Reform •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 d’Etat • 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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