Publications

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This working paper introduces the key concepts and features of anticipatory innovation governance– i.e. the structures and mechanisms to allow and promote anticipatory innovation alongside other types of innovation in the public sector. This paper draws on academic literature and OECD work on a range of areas including public sector innovation, foresight, anticipatory governance and emerging technologies. The paper starts outlining an emerging framework to guide policy making in complex and uncertain contexts and sets out some questions for further research in the area of anticipatory innovation governance.

Regulations are often made during times of uncertainty and/or with haste in responding to an emergency of some kind. Ex post evaluation allows policymakers to assess whether regulations have led to the intended results that were espoused when they were first made. This recognises that all regulations are, to some extent, experiments and that some experiments fail, and others need adjusting, before the desired results materialise. As a core component of any regulatory management system, ex post evaluation is ultimately about ensuring that regulations maximise community well-being over time. This report provides guidance on the key elements of a sound ex post evaluation system. It illustrates practical elements of ex post evaluation that policymakers should follow when designing ex post evaluation systems, as well as how evaluations themselves can be conducted. As such, this report is a useful tool for countries embarking on ex post evaluations as well as for entities responsible for conducting evaluations in practice.

This policy paper was developed by the Regulatory Policy Division of the OECD Public Governance Directorate, with inputs from behavioural practitioners and policy makers in the International COVID-19 Behavioural Insights and Policy Group. It discusses from a regulatory governance perspective why behavioural insights (BI) should be considered as part of a holistic response to the COVID-19 pandemic, what governance challenges involved in deploying BI against the pandemic, and how some countries have responded to these challenges. Reflecting on these challenges and opportunities allows governments to promote resiliency by preparing the BI field for future crises.

The pace and scope of emerging technologies are creating a sea change for governments and for regulators. They challenge economic regulation by blurring the traditional definition of markets, for example, and by transcending administrative boundaries domestically and internationally. At the same time, the digital transformation is an excellent opportunity for regulators themselves to harness the power of data and digital tools to improve regulation and its delivery. Seizing this opportunity will require fit-for-purpose regulatory frameworks and governance arrangements. This report brings together case studies submitted by members of the OECD Network of Economic Regulators that highlight how regulators have analysed and tackled these issues. The case studies span nine countries and a wide range of sectors (communication, transport, energy, environmental protection) and provide concrete examples of how regulators are responding to innovation in the sectors that they oversee.

Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health explains how Donald Trump destabilized the decades-long bipartisan consensus that federal agencies must base their decisions on evidence, expertise, and analysis. Administrative agencies are charged by law with protecting values like stable financial markets and clean air. Their decisions often have profound consequences, affecting everything from the safety of workplaces to access to the dream of home ownership. Under the Trump administration, agencies have been hampered in their ability to advance these missions by the conflicting ideological whims of a changing cast of political appointees and overwhelming pressure from well-connected interest groups. Inconvenient evidence has been ignored, experts have been sidelined, and analysis has been used to obscure facts rather than inform the public. The results are grim: incoherent policy, social division, defeats in court, a demoralized federal workforce, and a loss of faith in government’s ability to respond to pressing problems. This experiment in abandoning the norms of good governance has been a disaster. Reviving Rationality explains how and why our government has abandoned rationality in recent years, and why it is so important for future administrations to restore rigorous and even-handed cost-benefit analysis if we are to return to a policymaking approach that effectively tackles the most pressing problems of our era.

olicy evaluation is a critical element of good governance, as it promotes public accountability and contributes to citizens’ trust in government. Evaluation helps ensure that decisions are rooted in trustworthy evidence and deliver desired outcomes. Drawing on the first significant cross-country survey of policy evaluation practices covering 42 countries, this report offers a systemic analysis of the institutionalisation, quality and use of evaluation across countries and looks at how these three dimensions interrelate. The report also covers cross-cutting aspects related to regulatory assessment and performance budgeting. The analysis illustrates the role and functions of key institutions within the executive, such as centres of government and ministries of finance. It also underlines the role of supreme audit institutions.

The Justice Department released a report today on the need for Congress to update and improve the Administrative Procedure Act (APA), the 74-year-old statute setting forth the procedures agencies must follow when regulating individuals, businesses, non-profits, and state and local government entities. The report, entitled Modernizing the Administrative Procedure Act, discusses how the administrative state has developed in ways not foreseen by the APA in 1946, how the APA might be legislatively improved, and how this Administration’s improvements to agencies’ regulatory processes could inform modernizing the APA. The Justice Department, which significantly shaped the original APA, hopes that the ideas and insights discussed in the report will encourage and inform much needed action by Congress to modernize the APA. The report released today is based on a summit held at the Justice Department on December 6, 2019. The summit brought together leading regulatory practitioners, policymakers, and scholars to discuss how best to reform the APA, which remains largely unchanged since its enactment in 1946. These experts offered a variety of ideas, from a variety of perspectives, on how Congress could reform the APA so that regulation better serves the needs of the American people. “This report aims to disseminate the many good ideas for modernizing the APA offered by participants in the summit,” said Deputy Attorney General Jeff Rosen. “The Justice Department is eager to build on the many improvements the Trump Administration has already made to the regulatory process by working with leaders in Congress to modernize the APA.” “This important report contributes to the ongoing dialogue about how to make the American administrative system less burdensome, more accountable to the people, and more respectful of the rights of Americans,” said Paul Ray, Administrator of the White House Office of Information and Regulatory Affairs. “It follows on a number of critical reforms by President Trump and is essential reading for anyone who shares a commitment to vindicating the principles of limited, accountable government and the rule of law in today’s world.”

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When the going gets tough, the tough get going: How economic regulators bolster the resilience of network industries in response to the COVID-19 crisis - oecd.org This policy brief was developed by the Secretariat of the OECD Network of Economic Regulators (NER) and is based on examples of practice submitted by members of the NER. It reviews emergency measures taken by economic regulators during the COVID-19 pandemic to ensure continuity of services in network sectors, as well as to adjust regulatory practices and adapt governance arrangements.