Laws determine the functioning of the society and directly affect our life and business world. Laws, which are the most effective tool for governments to improve the quality of life and to grow the economy, can sometimes cost institutions and citizens. Being a precondition for foreign investors, strong regulations, the rule of law, determines the credit rating and financing cost of the country. Organization for Economic Cooperation and Development (OECD) to prepare the report reveals that the need for increased development and improvement in the quality of public regulations in Türkiye. Three main criteria that determine the success of stakeholder participation in decision-making processes in public decision before the ex-post evaluation and impact analysis turns out to fall behind Türkiye’s ranking in the 2015 analysis. 

Prepared in 3 Years

The Decision Making Process Report in the Public Sector is prepared every 3 years. The OECD asks, public authorities answer. The data collection studies of the report are carried out through surveys and question sets sent by OECD to the public authorities of the countries. The quality of public regulations is assessed in three main areas: stakeholder engagement, pre-regulation impact analysis and post-implementation evaluation. Scoring in each area is done with the sub-details of Methodology, Systematic Application, Transparency, Audit and Quality Control.

Regression in Three Points in Türkiye

While the total number of countries was 34 in 2015, 38 countries were included in the report, including those in the accession process in 2018. 

According to the report, by 2018 compared with 2015 data, Türkiye fell to the bottom row third title in primary legislation. Stakeholders in the accession process, which ranks the 16th among 34 countries in 2015, settled in Türkiye as 32nd among 38 countries in 2018. Such Türkiye took place between the Czech Republic and Chile.

The impact analysis prior arrangement in 2015 Türkiye 2018 33rd 29th in queue order, and post-implementation evaluation 33rd in 2015, the 35th in 2018 declined to order.

All OECD countries include compelling or advisory provisions on stakeholder engagement in the preparation of regulations. According to the report, the number of countries where stakeholder engagement was mandatory for all laws was 21 in 2014, while this number increased to 25 in 2017. 

“Increases Quality of Life”

OECD, published by TUSIAD in Türkiye and Argüden Governance Academy Foundation cooperation “in Public Decision-Making Process Evaluation Report 2018 the results were announced at the meeting held at TUSIAD. The Chairman of the Argüden Governance Academy Prof. Dr. Metin Çakmakçı said in the opening speech of the meeting: “Good governance increases the quality of life and citizen happiness. Applying good governance in public decision processes also increases learning, adoption and effectiveness in decisions. Therefore, operating public participatory decision processes, as well as conducting the necessary impact analysis before and after the implementation will contribute to quality of life and citizen happiness.” 

“THE INTEGRATED OVERVIEW IS VERY IMPORTANT”

Nick Malyshev, President of the OECD Regulatory Policy Division and Member of the Argüden Governance Academy Advisory Board; Dr. Yılmaz Argüden, the Chairman of the Board of Trustees of the Argüden Governance Academy Foundation; Pınar Ilgaz, the Vice-Chair of the Board of the Argüden Governance Academy; and Dr. Erkin Erimez, the Member of the Academic Board of Argüden Governance Academy met with a group of journalists to evaluate the report. Dr. Yılmaz Argüden pointed out that the way to prevent waste of resources and trust in the public is through good governance.

Reminding that OECD has set some criteria in 2012 to increase the quality of decision in the public, Dr. Yılmaz Argüden said: “While making arrangements, it is one of the prerequisites whether participatory democracy is operated. In addition, before the decisions are made, it is necessary to make an impact analysis based on the data from a holistic perspective. For example, you are making an economic regulation, but it can have high cost and negative social consequences. The holistic view is important here. Finally, after the application, it is important to revisit and reveal opportunities for learning and development.

“High Credit Grade, Low Financing Cost” 

Pointing out that a strong regulatory governance approach provides high credit ratings and low financing costs to countries and public institutions. Dr. Argüden said, “Otherwise, the public faces all kinds of waste of resources, and most importantly, waste of trust. The report shows us that the most important way to prevent the waste of resources and trust in the public is to apply the principles of good governance in decision processes.” England is an example. Dr. Argüden pointed out that when a new law was prepared in this country that brought costs to society to reduce the social cost of laws, another law of equal cost was repealed. 

“Room for Improvements”

Nick Malyshev, Head of the OECD Regulatory Policy Division and the Member of the Argüden Governance Academy Advisory Board, emphasized that the quality of the regulations will be possible by using good governance approaches in the preparation processes. Malyshev said, “At the same time, practices need to be fair and transparent. Last evaluation report, there are development areas in all three areas for Türkiye.“ he said.

New Trend: Benefiting from Behavioral Sciences

Noting that international collaborations have gained importance in the regulation processes with the effect of globalization and digitalization, Malyshev stated that countries have made arrangements by taking into consideration other country practices and international standards and “To improve compliance with Regulation began to benefit from the behavioral sciences. Türkiye needs to go to the improvement in public decision-making process to include these new trends.” he said.

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