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2b Regulatory drafting – Preparatory body

Regulatory drafting is commonly the most labour-intensive step in legislative drafting. It begins with a mandate from the ministry for the legislative project and concludes with the completion of the draft Government bill. The mandate is given to a separate preparatory body when broader-based participation is warranted. The preparatory body can be e.g. a committee, a commission, an advisory board, or a working group and consist of stakeholders, representatives from other ministries, experts in the field question, and political decision-makers.

During regulatory drafting, the matter at hand is expanded upon and examined in greater detail to build upon the information accumulated during preliminary preparation. Legal issues, including those relating to the Constitution and other legislation, are also reviewed. Studies or reports may be commissioned for drafting purposes. At this step, alternative solutions for the issues to be resolved are determined and the impacts of the alternatives are assessed.Stakeholders not represented on the preparatory body are consulted. The knowledge base required for the preparation and the impact assessments is expanded as the work progresses.

The preparatory body is responsible for the impact assessment of the proposed legislation. The assessment concerns the relevant economic impact, the impact on the public administration, the environmental impact and the societal impact. A follow-up of the effects of the implemented reform is also a part of the impact assessment procedure. The result of the assessment performed during the drafting should be written down in the legislative proposal.

Legislative proposals are issued to the Finnish Council of Regulatory Impact Analysis in Finnish and concurrently circulated for consultation. The Council is not responsible for conducting impact assessments but it analyses proposed assessments and makes suggestions for improvements in impact assessments. The Council is responsible for issuing statements on government proposals and on their regulatory impact assessments.

During regulatory drafting, the secretary of the preparatory body drafts the text and rationale for the legislation in the form of a draft Government bill. The contents of this draft are determined by preparatory body under the leadership of its chairperson.

During regulatory drafting, the secretary of the preparatory body drafts the text and rationale for the legislation in the form of a draft Government bill. The contents of this draft are determined by preparatory body under the leadership of its chairperson.

Further information

Constitution of Finland

Instructions for legislative drafting

Finnish Council of Regulatory Impact Analysis