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National Experiences With General Forms Of Ex Ante Evaluation Of Legislation: The Cases Of Germany And Sweden

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Chapter Summary

This chapter discusses the significance of ex ante evaluation of legislation in two European countries: Germany and Sweden. It provides an outline of the history of the reform area. Current instruments of reform are presented and legal as well as organizational questions of their implementation are described. Which role ex ante evaluation of regulatory impacts plays in present day legislative practice in both countries is afterwards demonstrated by means of the empirical evaluation of numerous draft laws. The insights into present day evaluation practice that were gained in the course of a content analysis of preambles and explanatory memoranda of all German and Swedish government bills of 2006 are furthermore compared to government bills of 1977. By doing this, it is demonstrated, that ex ante evaluation of legislation even then was an important topic and that changes were only achieved in certain areas, despite the reform boom of recent years.

Keywords: ex ante evaluation of legislation; Germany; Sweden



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