הערכת רגולציה בדיעבד: החולייה הנעלמת במחזור המדיניות הרגולטורית

The regulatory lifecycle presents numerous challenges, the most significant of which seems to occur after a new regulation has been introduced, when its outputs, outcomes, and effects need to be assessed. To address this challenge, ex-post regulatory-evaluation procedures were developed. Ex-post regulatory evaluation requires that the application of a regulation be examined after its initial introduction. This is to ascertain that it has achieved its stated goals, examine the extent of its effectiveness, and review ways it has been implemented and enforced. Although ex-post evaluation is a critical stage in the regulatory lifecycle, it has not received sufficient attention in the literature and has been sidelined by Israeli regulatory administrative bodies, and elsewhere. The enactment of the Principles of Regulation Law-2021 offers an opportunity to adopt procedures and consistently apply ex-post regulatory-valuation processes in Israel. To develop an outline for an ex-post regulatory evaluation process that supports regulatory learning and adaptive improvement of the regulatory system, we conducted a comparative analysis of the design and implementation of evaluation processes in four countries: the United States, Italy, the United Kingdom, and Australia. Based on our comparative analysis, we identify and define several principled approaches to ex-post evaluation: A procedural (post-legislative) approach focuses on the formal examination of regulation, the completion of the legislative processes, and the development of implementation and enforcement mechanisms. An effectiveness (cost-benefit) approach focuses on analyzing the costs and benefits of regulatory implementation designed to improve economic efficiency and reduce the regulatory burden. An effectiveness approach examines whether the regulation attained its goals and whether implementation produced the desired results. Finally, a participatory (democratic) approach uses insights from regulated and interested parties, or the public, to evaluate regulatory implementation. Based on these principled approaches, we delineate a stepwise model for conducting ex-post evaluation in Israel, suggesting it is conducted in a layered manner. We include components from the various, identified approaches, integrating different actors in a gradual and coordinated process that is efficient and effective.