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2a Regulatory drafting – Official duties

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. When regulatory drafting is carried out as a part of the ministry’s ordinary official duties, the mandate is given to the preparatory team.

During regulatory drafting, the matter at hand is expanded upon and examined in greater detail to build upon the information accumulated during regulatory drafting. 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.Stakeholder consultation takes place, and the knowledge base required for the preparation and the impact assessments is expanded.

The Preparatory team 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 legislative drafting, the preparatory team also drafts the text and rationale for the legislation in the form of a draft Government bill. The contents of this draft, depending on the significance of the matter concerned, are determined by the Government, a Minister or the ministry’s senior officials.

Further information

Constitution of Finland

Instructions for legislative drafting

Finnish Council of Regulatory Impact Analysis