Better regulation means first of all focusing on what is essential. It is equally important for laws to be in language that is easily understood. And possible alternatives to regulation should also be considered. These and many other aspects should be taken into account when drafting proposed regulation.

Regulatory impact assessment

In order for policy-makers to be able to manage social and economic processes, it is important to accurately assess the effects of legislation. It is therefore essential for specialists and stakeholders to share their assessments from an early stage in a process of consultation. Such consultation fosters the democratic involvement of citizens, while giving lawmakers in the parliament a better basis for their decisions.

The Federal Government has significantly stepped up its efforts in the field of regulatory impact assessment in recent years. For this purpose, the Federal Ministry of the Interior and Community published a guide to regulatory impact assessment. And the Federal Academy of Public Administration (BAköV) regularly offers seminars for federal employees on the legislative process, compliance costs and regulatory impact assessment.

Guidelines for drafting laws and administrative regulations

When preparing draft laws, ordinances and administrative regulations, there are many rules to follow and conditions to consider. These rules and conditions are based on Germany’s constitution, the Basic Law, and on the rules of procedure of the Federal Government, Bundestag and Bundesrat.

It is also necessary to check whether the content of a bill is compatible with existing law and whether it complies with all of the formal legal requirements. Effective legislation also demands a good understanding of the law-making process, from the initial preparation of a bill to its journey through the parliament and its ultimate adoption as law.

The Federal Ministry of the Interior and Community publishes guidelines for drafting laws and administrative regulations with recommendations and principles for the legislative process. In this way, the Federal Ministry helps to ensure better regulation. The different steps, which may be quite complicated, are explained using diagrams, and excerpts from relevant laws are included, along with specific directions.

Database of federal administrative regulations

In 2006, the Federal Government agreed to expand the database of federal administrative regulations for all supreme federal authorities. This extensive database of federal administrative regulations is available online at www.verwaltungsvorschriften-im-internet.de.

Administrative regulations are not laws. But they do have an indirect impact on businesses and individuals. These internal regulations are issued by supervisors or supervisory administrative bodies for their subordinate authorities or employees. Among other things, they define the organisation and procedures within the administration and the proper interpretation of the law.