Regulatory Policy in Argentina: Tools and Practices for Regulatory Improvement

Foreword
Acknowledgements
Abbreviations and acronyms
Executive summary
	Key findings
	Key recommendations
Assessment and recommendations
	Policies and institutions for regulatory policy
		Assessment
		Recommendations
	Ex ante assessment of regulation and public consultation
		Assessment
		Recommendations
	Administrative simplification and management of the stock of regulation
		Assessment
		Recommendations
	The governance of regulators
		Assessment
		Recommendations
	Multilevel regulatory governance
		Assessment
		Recommendations
	Notes
	References
Chapter 1.  The context for regulatory policy in Argentina
	Government structure in Argentina
	Recent reforms and current economic performance of Argentina
	References
Chapter 2.  Policies and institutions for regulatory policy in Argentina
	Preliminaries
		Regulatory quality and regulatory policy
		Policies and institutions for regulatory policy: Evidence from OECD and accession countries
	Legal instruments to promote and implement regulatory policy in Argentina
		Constitution of Argentina
		Administrative Procedures Law
		Law of Right to Access Public Information
		Law of Digital Signature
		Decree of Good Practices in Simplification
		Decree De-bureaucratisation and Simplification
		Guidelines for the Drafting and Production of Administrative Documents
		Modernisation of the State Plan
		Decree No. 894/2017 of Approval of the Administrative Procedures Bylaw
		Decree 1.172/2003 of Access to Public Information, which contains the Bylaw of Public Hearings
		Decree 1.172/2003 of Access to Public Information, which contains the Bylaw for the Participative Drafting of Standards
		Decree 1.172/2003 of Access to Public Information, which contains the Bylaw of Open Meetings of the Regulators of Public Services
	Main government agencies to promote and implement regulatory policy in Argentina
		Legal and Technical Secretariat of the Presidency
		The Government Secretariat of Modernisation (former Ministry of Modernisation)
		Ministry of Production and Labour
		Body of Lawyers of the State
	Policies and practices on international regulatory co-operation in Argentina
	Notes
	References
		Annex 2.A. Legal instruments related to regulatory policy in Argentina
		Annex 2.B. Government institutions related to the regulatory policy in Argentina
Chapter 3.  Ex ante assessment of regulation and stakeholder engagement in rulemaking in Argentina
	The hierarchy of laws and regulation in Argentina
	Rulemaking process in Argentina
		Legislative power
		Judicial power
		Executive power
	Elements of ex ante assessment of regulation
		Legal framework of ex-ante assessment
			Administrative Procedures Law
			Good practices in simplification
			Law for the defence of competition
			Procedure for ex ante assessment of draft regulation by the Ministry of Production and Labour
		Relevant practices on ex ante assessment adopted in Argentina
			Participation in international regulatory co-operation projects
			Implementation of guidelines for economic evaluation
			Adoption of international regulation
			Ex ante assessment of draft regulation
			Technical reports
	Stakeholder engagement in the process of rulemaking
		Legal framework
			Law of Binding and Non-Binding Popular Consultation
			Right to Access to Public Information
			National Modernisation Plan
		Relevant practices in stakeholder engagement
			Extending stakeholder engagement through the Public Consultation Platform
			Increasing availability of public information through digital repositories
			Good Practices in Simplification
			Citizen Dialog
		Case study: Stakeholder engagement in rulemaking by the National Securities Commission
	References
Chapter 4.  Administrative simplification policies and the management of the stock of regulation in Argentina
	Administrative simplification policies and practices
		The Administrative Modernisation Secretariat and the Modernisation of the State Plan
		The implementation of a paperless government
		Other institutions, policies and practices for administrative simplification in Argentina
			Decree 891/2017 for Good Practices in Simplification
			One-stop-shop for Foreign Trade
			Simplified Shares’ Partnership
			The Productive Simplification Secretariat
	Management of the stock of regulation
		Access to the stock of administrative procedures and regulations
		Ex post reviews of the stock of regulation
	Note
	References
Chapter 5.  The governance of regulators in Argentina
	The OECD principles of regulatory governance
		Role clarity
		Preventing undue influence and maintaining trust
		Decision making and government body structure for independent regulators
		Accountability and transparency
		Engagement
		Funding
		Performance evaluation
	Institutional practices of regulators in Argentina
		Role clarity
			National Electricity Regulator
			National Gas Regulator
			National Entity of Telecommunications
		Preventing undue influence and maintaining trust
			National Electricity Regulator
			National Gas Regulator
			National Entity of Telecommunications
		Decision making and government body structure for independent regulators
			National Electricity Regulator
			National Gas Regulator
			National Entity of Telecommunications
		Accountability and transparency
		Engagement
		Funding
			National Electricity Regulator
			National Gas Regulator
			National Entity of Telecommunications
		Performance evaluation
	References
Chapter 6.  Multi-level regulatory governance in Argentina
	The challenges of multi-level regulatory governance
	Distribution of regulatory attributions within the Argentinian territory
	Co-ordinating national and subnational levels of government
	Regulatory policy, institutions and tools at the subnational level
		Case study: City of Buenos Aires
			Economic background
			Government structure and rulemaking process
			Use of regulatory management tools (regulatory impact assessment, consultation, administrative simplification and centralised registries)
		Case study: Province of Buenos Aires
			Economic background
			Government structure and rulemaking process
			Use of regulatory management tools (regulatory impact assessment, consultation, administrative simplification and centralised registries)
	Notes
	References