Preliminary and inter-departmental commenting procedures

Within their activities, the Better Regulation Center are assessing impacts of tens of both legal and non-legal documents submitted for the commenting procedure. A partial opinion of the Better Regulation Center regarding the materials submitted is transposed into the opinion of the Standing Working Commission for selected impacts assessment in the part “Impacts on the Business Sector”.

Activities of the Standing Working Commission of the Legislative Counsel of the Slovak Government for selected impacts assessment are based on methodical support for the entities preparing the clause and analysis of impacts and on preparation of a written opinion regarding materials sent to the Commission and its particular members for assessment. This tool is used as an aid for making political decisions, but it does not replace it.

The Better Regulation Center as a member of the Commission is assessing quality of the process of assessment of impacts and contents of preparation of the clause and analysis of impacts. Responsibility for preparation of the clause and analysis of impacts is borne by the submitting party except for the SME Test; the need of performing the test is decided by the Slovak Ministry of Economy upon our recommendation.

There are the following main participants on the process of preparation and approval at the assessment of selected impacts:

submitting party, which can be a Ministry or another central public administration body submitting materials for the preliminary and inter-departmental commenting procedures.
Standing Working Commission of the Legislative Counsel of the Slovak Government for selected impacts assessment (representatives of coordinating Ministries, a representative of the Office of the Slovak Government, and a representative of the Slovak Business Agency), the activities of which are based on methodical support for the entities preparing the clause and analysis of impacts and on preparation of an opinion regarding materials sent to the Commission for assessment.
other entities affected by the proposal that could be affected by the material or that have relevant information regarding the material at their disposal (especially business entities, state and public organizations, non-governmental organizations, etc.).

Preliminary commenting procedure (PCP)

Submitting parties shall send all legal and non-legal documents, in which at least one of the selected impacts (on the business sector, environment, social impacts, and so on) was identified, to PCP. At the same time, the final version of the material that have already passed the complete approval process within a department shall be concerned there. PCP will be completed after issuing and sending the opinion of the Standing Working Commission of the Legislative Counsel of the Slovak Government for selected impacts assessment (hereinafter referred to as Commission) via e-mail.

The deadline of ten working days for issuing the Commission’s opinion starts on the day after delivery of the material to the address dolozka@mhsr.sk. In urgent situations, the deadline can be reduced to not less than three working days. The Commission’s opinion can be approval or approval with a completion recommended or disapproval.

In this phase, members of the Commission give their opinions regarding preparation of the clause and analysis of impacts only and the Commission's final opinion together with the evaluation of comments will be stated by the submitting party under item 13. “Opinion of the Commission regarding the Assessment of Selected Impacts from PCP” of the clause of selected impacts. The submitting party shall elaborate a respective analysis for each impact identified and the Better Regulation Center shall comment quality of preparation of the clause and analysis of impacts on the business sector.